§ 12242. Definitions

§ 12242. Definitions

In this part—

• “child” means a person who is less than 7 years of age.

• “community correctional facility” means a residential facility that—

• (A) is used only for eligible offenders and their children under 7 years of age;

• (B) is not within the confines of a jail or prison;

• (C) houses no more than 50 prisoners in addition to their children; and

• (D) provides to inmates and their children—

• (i) a safe, stable, environment for children;

• (ii) pediatric and adult medical care consistent with medical standards for correctional facilities;

• (iii) programs to improve the stability of the parent-child relationship, including educating parents regarding—

• (I) child development; and

• (II) household management;

• (iv) alcoholism and drug addiction treatment for prisoners; and

• (v) programs and support services to help inmates—

• (I) to improve and maintain mental and physical health, including access to counseling;

• (II) to obtain adequate housing upon release from State incarceration;

• (III) to obtain suitable education, employment, or training for employment; and

• (IV) to obtain suitable child care.

• “eligible offender” means a primary caretaker parent who—

• (A) has been sentenced to a term of imprisonment of not more than 7 years or is awaiting sentencing for a conviction punishable by such a term of imprisonment; and

• (B) has not engaged in conduct that—

• (i) knowingly resulted in death or serious bodily injury;

• (ii) is a felony for a crime of violence against a person; or

• (iii) constitutes child neglect or mental, physical, or sexual abuse of a child.

• “primary caretaker parent” means—

• (A) a parent who has consistently assumed responsibility for the housing, health, and safety of a child prior to incarceration; or

• (B) a woman who has given birth to a child after or while awaiting her sentencing hearing and who expresses a willingness to assume responsibility for the housing, health, and safety of that child,

• a parent who, in the best interest of a child, has arranged for the temporary care of the child in the home of a relative or other responsible adult shall not for that reason be excluded from the category “primary caretaker”.

• “State” means a State, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands.

(Pub. L. 103–322, title III, § 31903, Sept. 13, 1994, 108 Stat. 1893.)

Editorial Notes

Codification

Section was formerly classified to section 13882 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.