If a State does not comply with this requirement, it may lose up to 10 percent of its U.S. Department of Justice, Bureau of Justice Assistance-administered Edward Byrne Memorial State and Local Law Enforcement Assistance formula grant program funds. States will have up to 3 years to come into compliance with the legislation; however, the deadline may be extended by up to 2 years at the attorney general's discretion. After the 3-year grace period, States must demonstrate compliance with the act for at least one program year or provide an explanation of why compliance cannot be achieved and a description of good faith efforts taken to justify an extension. The act gives States wide discretion in designing registration programs that best meet their public safety needs. The determination of whether someone is a "sexually violent predator" will be made by the sentencing court after receiving a report by a State board composed of experts in the field of the behavior and treatment of sexual offenders. Other statutory mandates that affect the Byrne formula grant program tie the receipt of funds to the testing of convicted sex offenders for the human immunodeficiency virus (HIV), improving criminal history records, and reporting alien convictions to the Justice Department's Immigration and Naturalization Service.