{"identifier":"/us/usc/t34/s20927","title":34,"num":"\u00a7\u202f20927.","heading":"Failure of jurisdiction to comply","text":"\u00a7\u202f20927.\nFailure of jurisdiction to comply\n(a)\nIn general\nFor any fiscal year after the end of the period for implementation, a jurisdiction that fails, as determined by the Attorney General, to substantially implement this subchapter shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the jurisdiction under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (\n42 U.S.C. 3750\n1\n1 See References in Text note below.\n(b)\nState constitutionality\n(1)\nIn general\nWhen evaluating whether a jurisdiction has substantially implemented this subchapter, the Attorney General shall consider whether the jurisdiction is unable to substantially implement this subchapter because of a demonstrated inability to implement certain provisions that would place the jurisdiction in violation of its constitution, as determined by a ruling of the jurisdiction\u2019s highest court.\n(2)\nEfforts\nIf the circumstances arise under paragraph (1), then the Attorney General and the jurisdiction shall make good faith efforts to accomplish substantial implementation of this subchapter and to reconcile any conflicts between this subchapter and the jurisdiction\u2019s constitution. In considering whether compliance with the requirements of this subchapter would likely violate the jurisdiction\u2019s constitution or an interpretation thereof by the jurisdiction\u2019s highest court, the Attorney General shall consult with the chief executive and chief legal officer of the jurisdiction concerning the jurisdiction\u2019s interpretation of the jurisdiction\u2019s constitution and rulings thereon by the jurisdiction\u2019s highest court.\n(3)\nAlternative procedures\nIf the jurisdiction is unable to substantially implement this subchapter because of a limitation imposed by the jurisdiction\u2019s constitution, the Attorney General may determine that the jurisdiction is in compliance with this chapter if the jurisdiction has made, or is in the process of implementing\n2\n2 So in original. Probably should be followed by a comma.\n(4)\nFunding reduction\nIf a jurisdiction does not comply with paragraph (3), then the jurisdiction shall be subject to a funding reduction as specified in subsection (a).\n(c)\nReallocation\nAmounts not allocated under a program referred to in this section to a jurisdiction for failure to substantially implement this subchapter shall be reallocated under that program to jurisdictions that have not failed to substantially implement this subchapter or may be reallocated to a jurisdiction from which they were withheld to be used solely for the purpose of implementing this subchapter.\n(d)\nRule of construction\nThe provisions of this subchapter that are cast as directions to jurisdictions or their officials constitute, in relation to States, only conditions required to avoid the reduction of Federal funding under this section.","url":"https://projectusc.org/usc/t34/s20927.html","content":[{"t":"sec","id":"/us/usc/t34/s20927","children":[{"t":"num","text":"\u00a7\u202f20927."},{"t":"heading","text":"Failure of jurisdiction to comply"},{"t":"subsec","id":"/us/usc/t34/s20927/a","children":[{"t":"num","text":"(a)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"For any fiscal year after the end of the period for implementation, a jurisdiction that fails, as determined by the Attorney General, to substantially implement this subchapter shall not receive 10 percent of the funds that would otherwise be allocated for that fiscal year to the jurisdiction under subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (","children":[{"t":"ref","text":"42 U.S.C. 3750","href":"/us/usc/t42/s3750","tail":" et seq.)."},{"t":"ref","text":"1"},{"t":"num","text":"1","tail":"\u202fSee References in Text note below."},{"t":"text","text":"\u202fSee References in Text note below."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t34/s20927/b","children":[{"t":"num","text":"(b)"},{"t":"heading","text":"State constitutionality"},{"t":"para","id":"/us/usc/t34/s20927/b/1","children":[{"t":"num","text":"(1)"},{"t":"heading","text":"In general"},{"t":"content","children":[{"t":"p","text":"When evaluating whether a jurisdiction has substantially implemented this subchapter, the Attorney General shall consider whether the jurisdiction is unable to substantially implement this subchapter because of a demonstrated inability to implement certain provisions that would place the jurisdiction in violation of its constitution, as determined by a ruling of the jurisdiction\u2019s highest court.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s20927/b/2","children":[{"t":"num","text":"(2)"},{"t":"heading","text":"Efforts"},{"t":"content","children":[{"t":"p","text":"If the circumstances arise under paragraph (1), then the Attorney General and the jurisdiction shall make good faith efforts to accomplish substantial implementation of this subchapter and to reconcile any conflicts between this subchapter and the jurisdiction\u2019s constitution. In considering whether compliance with the requirements of this subchapter would likely violate the jurisdiction\u2019s constitution or an interpretation thereof by the jurisdiction\u2019s highest court, the Attorney General shall consult with the chief executive and chief legal officer of the jurisdiction concerning the jurisdiction\u2019s interpretation of the jurisdiction\u2019s constitution and rulings thereon by the jurisdiction\u2019s highest court.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s20927/b/3","children":[{"t":"num","text":"(3)"},{"t":"heading","text":"Alternative procedures"},{"t":"content","children":[{"t":"p","text":"If the jurisdiction is unable to substantially implement this subchapter because of a limitation imposed by the jurisdiction\u2019s constitution, the Attorney General may determine that the jurisdiction is in compliance with this chapter if the jurisdiction has made, or is in the process of implementing\u202f","children":[{"t":"ref","text":"2"},{"t":"num","text":"2","tail":"\u202fSo in original. Probably should be followed by a comma."},{"t":"text","text":"\u202fSo in original. Probably should be followed by a comma.","tail":" reasonable alternative procedures or accommodations, which are consistent with the purposes of this chapter."}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"para","id":"/us/usc/t34/s20927/b/4","children":[{"t":"num","text":"(4)"},{"t":"heading","text":"Funding reduction"},{"t":"content","children":[{"t":"p","text":"If a jurisdiction does not comply with paragraph (3), then the jurisdiction shall be subject to a funding reduction as specified in subsection (a).","tail":"\n"}],"tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t34/s20927/c","children":[{"t":"num","text":"(c)"},{"t":"heading","text":"Reallocation"},{"t":"content","children":[{"t":"p","text":"Amounts not allocated under a program referred to in this section to a jurisdiction for failure to substantially implement this subchapter shall be reallocated under that program to jurisdictions that have not failed to substantially implement this subchapter or may be reallocated to a jurisdiction from which they were withheld to be used solely for the purpose of implementing this subchapter.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"subsec","id":"/us/usc/t34/s20927/d","children":[{"t":"num","text":"(d)"},{"t":"heading","text":"Rule of construction"},{"t":"content","children":[{"t":"p","text":"The provisions of this subchapter that are cast as directions to jurisdictions or their officials constitute, in relation to States, only conditions required to avoid the reduction of Federal funding under this section.","tail":"\n"}],"tail":"\n"}],"tail":"\n"},{"t":"text","text":"\n"},{"t":"text","text":"\n"}]}]}