Title I: Targeting Habitual Repeat and Violent Criminal Offenders - Subtitle A: Expanding the Capacity of State Correctional Facilities - Authorizes the Director of the Bureau of Justice Assistance (the Director) to make grants to States to construct additional correctional facilities for the purpose of increasing prison capacity to make habitual and violent criminal offenders serve the full term of their sentences. Specifies that such construction should aim to provide sufficient capacity to incarcerate such offenders who exhibit a high risk for continued or violent criminal activity for such terms, including individuals: (1) with three or more arrests by age 18; (2) with a history of violent criminal offenses; and (3) exhibiting a pattern of crimes of premeditation and deliberation for whom a prison stay may have a significant deterrent value.
Sets forth application requirements. Directs that each State application include a comprehensive plan containing: (1) a description of the correctional facility needs in the State, including relevant supporting data; (2) a description of the resources available to build additional correctional facility capacity, together with an account of the expenses involved that cannot be met with existing resources at the State and local levels; (3) an explanation of how the State will be able to sustain the increased operation and maintenance costs of expanded correctional facility capacity without Federal assistance in the long term; and (4) an evaluation component, including quantifiable data, that measures progress toward meeting the prison capacity goals under this subtitle.
Sets forth provisions regarding: (1) fund allocation; (2) grant renewal and limitations; and (3) grant approval and disapproval procedures. Authorizes appropriations.
Subtitle B: Major Offenders Programs - Authorizes the Director to make grants to States, for use by the States and units of local government, for purposes of developing and increasing the capacity and the effectiveness of major offenders programs that prioritize the arrest and prosecution of habitual and violent criminal offenders. Specifies that such programs shall include: (1) establishment or expansion of specialized major offender units in law enforcement and criminal prosecutor offices to identify, monitor, arrest, and prosecute major offenders; (2) establishment or expansion of a State crime information center computer database to include the complete arrest histories of major offenders and other relevant information for use by law enforcement officers and criminal prosecutors; and (3) create programs and pilot programs that foster cooperation between law enforcement and criminal prosecution offices in arresting and prosecuting major offenders.
Sets forth application requirements. Directs that each State application include a comprehensive plan containing: (1) a description, with supporting data, of the crime problems attributable to major offenders that improved law enforcement and prosecution programs may be able to decrease; (2) a description of the resources available to implement or expand major offenders programs; and (3) an evaluation component.
Sets forth provisions regarding: (1) local applications; (2) fund allocation; (3) grant renewal and limitations; and (4) grant approval and disapproval procedures. Authorizes appropriations.
Title II: Reducing Criminal Recidivism - Subtitle A: Alternative Sentencing Program Grants: Targeting Nonviolent and Nonrepeat Criminal Offenders - Authorizes the Director to make grants to States, for use by States and units of local government, to develop and increase the capacity and the effectiveness of alternative programs that target the reform of nonviolent and nonrepeat criminal offenders.
Directs that alternative methods ensure the certainty of punishment for such offenders who, in the assessment of the State and local courts, can be punished more effectively in an environment other than a traditional correctional facility, including: (1) correctional options, such as community-based incarceration, weekend incarceration, and electronic monitoring of offenders; (2) community service programs that provide work service placement for young offenders; and (3) innovative methods and pilot projects that address the problems of young offenders convicted of serious substance abuse and gang-related offenses, including technical assistance and training to counsel and treat such offenders.
Sets forth application requirements. Directs each State application to include a comprehensive plan containing: (1) a description of the alternative programs needed to combat recividism and reduce prison overcrowing, as well as an assessment of the expected decrease in area crime problems due to the availability of alternative sentences, including relevant supporting data; (2) a description of the resources available to implement such programs; and (3) an evaluation component.
Sets forth provisions regarding: (1) fund allocation; (2) grant renewal and limitations; and (3) grant approval and disapproval procedures. Authorizes appropriations.
Subtitle B: Parole System Fortification - Authorizes the Director to make grants to States, for use by States and units of local government, to increase the capacity and effectiveness of parolee monitoring and drug testing. Specifies that grant applications should ensure the improved effectiveness of supervisory release programs in reducing recidivism, including programs that: (1) increase the number of parole officers, reducing the ratio of officers to parolees; (2) establishing or expanding a parolee release and information computer network; (3) establishing or expanding drug treatment, rehabilitation, and testing programs for parolees with a history of drug abuse and serious criminal activity; and (4) innovative methods or pilot projects that use parole officers as agents in the prevention of parolee recidivism and that increase cooperation between police and parole officers.
Sets forth application requirements. Directs each State application to include a comprehensive plan containing: (1) a description of the parole system needs, and local crime problems attributable to the release of parolees, including relevant supporting data; (2) a description of the resources available to address parolee needs; and (3) an evaluation component.
Sets forth provisions regarding: (1) local applications; (2) fund allocation; (3) grant renewal and limitations; and (4) grant approval and disapproval procedures. Authorizes appropriations.
Title III: Ending the Double Victimization of Society - Subtitle A: Denial of Federal Benefits - Makes any individual who is convicted of three Federal or State felony offenses ineligible for any Federal benefits.
Requires: (1) State and Federal courts to send information, as determined necessary by the Director of the Office of Justice Assistance, regarding the conviction of third-time felons to such Office in a timely manner; (2) such Office to maintain a computer listing of individuals convicted of a third Federal or State felony offense and update such list in a timely manner; (3) such Office to transfer the names of such individuals to the General Services Administration for inclusion in the publication "Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs"; and (4) representatives of a Government agency that is responsible for the distribution of a Federal benefit to consult such publication before granting such benefit.
Authorizes appropriations.
Subtitle B: Prison Work Programs - Amends the Omnibus Crime Control and Safe Streets Act of 1968 to require a State, in order to avoid a reduction of available funds by 25 percent (for redistribution to other participating States), to implement or continue a prison workfare program that requires an inmate who is physically able (as determined by the State Director of Corrections) to work a portion of each day.
Title IV: Community Policing Programs - Subtitle A: Community Policing - Authorizes the Director to make grants to States, for use by States and community groups, to develop or expand community policing and crime prevention programs. Sets forth provisions regarding: (1) State and local application requirements; and (2) grant renewal and limitations. Permits community group grant recipients to use such funds for the recruitment of new members, administrative expenses, equipment acquisitions, and community education programs. Authorizes appropriations.
Subtitle B: Trust Fund for Community Policing - Amends the Internal Revenue Code to impose a tax, equal to 100 percent of the price for which sold, on taxable smoking paraphernalia manufactured in or imported into the United States.
Increases the tax on cigarette papers.
Establishes in the U.S. Treasury the Drug Prevention Trust Fund. Transfers to such Fund amounts equivalent to the net revenues received in the Treasury from such taxes. Specifies that amounts in the Fund shall be available, as provided in appropriation Acts, only for purposes of making expenditures to carry out the community policing program coordinated by the Director.
HR 5266 IH 102d CONGRESS 2d Session H. R. 5266 To provide grants to the Bureau of Justice Assistance to expand the capacity of correctional facilities in the States, increase programs for major offenders and parolees, and for other purposes. IN THE HOUSE OF REPRESENTATIVES May 27, 1992 Mr. ANDREWS of Texas introduced the following bill; which was referred jointly to the Committees on the Judiciary and Ways and Means A BILL To provide grants to the Bureau of Justice Assistance to expand the capacity of correctional facilities in the States, increase programs for major offenders and parolees, and for other purposes. Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, TITLE I--TARGETING HABITUAL REPEAT AND VIOLENT CRIMINAL OFFENDERS Subtitle A--Expanding the Capacity of State Correctional Facilities SEC. 101. GRANT AUTHORIZATION. (a) IN GENERAL- The Director of the Bureau of Justice Assistance may make grants under this subtitle to States to construct additional correctional facilities for the purpose of increasing prison capacity to make habitual repeat and violent criminal offenders serve the full term of their sentences. (b) CONSTRUCTION OF ADDITIONAL PRISONS- The construction referred to in subsection (a) should aim to provide sufficient capacity to incarcerate habitual repeat and violent criminal offenders who exhibit a high risk for continued or violent criminal activity, for the full length of their sentences, including-- (1) individuals with 3 or more arrests by the age of 18, representing less than 2 percent of all juveniles arrested, but who commit a disproportionate share of crimes; (2) individuals with a history of violent criminal offenses, including murder, aggravated assault, rape, and armed robbery; and (3) individuals exhibiting a pattern of crimes of premeditation and deliberation for whom a prison stay may have a significant deterrent value. SEC. 102. STATE APPLICATIONS. (a) IN GENERAL- (1) To be eligible to receive a grant under this subtitle, the chief executive of the State, in consultation with the State Department of Corrections, shall submit an application to the Director in such a form and containing such information as the Director may reasonably require. (2) In such application, a State office or agency shall be designated by the chief executive as the lead agency responsible for the coordination, implementation, administration, and evaluation of the services described in the application in accordance with this subtitle. (3) Each State application will contain assurances that the lead agency will work in cooperation with the State Department of Corrections, and other appropriate State and local agencies to implement inter agency agreements to carry out the provisions of this subtitle. (b) GENERAL CONTENTS- Each State application under subsection (a) shall include-- (1) a description of the prison overcrowding problems encountered in the areas and populations to be served under this grant; and (2) assurances that Federal funds received under this subtitle shall supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subtitle. (c) COMPREHENSIVE PLAN- Each State application shall include a comprehensive plan that contains-- (1) a description of the correctional facility needs in the State, including relevant supporting data; (2) a description of the resources available to build additional correctional facility capacity, together with an account of the expenses involved that cannot be met with existing resources at the State and local levels; (3) an explanation of how the State will be able to sustain the increased operation and maintenance costs of expanded correctional facility capacity without Federal assistance in the long term; and (4) an evaluation component, including quantifiable data, that measures progress toward meeting the prison capacity goals under this subtitle. SEC. 103. ALLOCATION OF FUNDS. Funds appropriated for this subtitle shall be allocated as follows: (1) 0.4 percent shall be allocated to each of the States; and (2) of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the population of such State bears to the population of all States. SEC. 104. RENEWAL AND LIMITATIONS OF GRANTS. (a) RENEWAL OF GRANTS- A grant may be renewed to each State up to 4 additional years after the initial grant is awarded, subject to availability of funds, if the Director determines that the funds were used in a manner required under the approved application and if the applicant can demonstrate significant progress in attaining the stated goals of this subtitle. (b) CONSTRUCTION FUNDS- Funds allocated under this subtitle shall be used only for the construction of correctional facilities. Funds provided under this subtitle shall not be used for purposes of land acquisition or for additional correctional facility operations and maintenance costs. (c) FEDERAL SHARE- Under this subtitle, the Federal share shall not exceed 75 percent of the total costs of the projects described in the State application. (d) ADMINISTRATIVE COST LIMITATION- The State shall use not more than 5 percent of the funds available under this subtitle for purposes of administration, technical assistance, and evaluation. SEC. 105. GRANT AWARDS. (a) APPROVAL- The application submitted under this subtitle shall be considered approved, in whole or in part, by the Bureau not later than 45 days after first received unless the Bureau informs the applicant of specific reasons for disapproval. (b) DISAPPROVAL NOTICE AND RECONSIDERATION- The Bureau shall not disapprove any application without first affording the applicant reasonable notice and an opportunity for reconsideration. SEC. 106. DEFINITIONS. For purposes of this subtitle, the term `correctional facilities' shall include minimum, medium, and high security prison facilities, prison boot camps, and special drug rehabilitation or prison units. SEC. 107. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $1,100,000,000 for fiscal year 1994, $2,000,000,000 for fiscal year 1995, $3,200,000,000 for fiscal year 1996, $4,500,000,000 for fiscal year 1997, and $6,000,000,000 for fiscal year 1998 to carry out the programs under this subtitle. Subtitle B--Major Offenders Programs SEC. 111. PURPOSES. The purpose of this subtitle is to establish or increase the capacity of programs in prosecutorial offices and law enforcement agencies that prioritize the arrest and prosecution of major offenders, who are the minority of criminals responsible for a majority of all crimes committed. SEC. 112. GRANT AUTHORIZATION. (a) IN GENERAL- The Director of the Bureau of Justice Assistance may make grants under this subtitle to States, for use by the States and units of local governments in the States, for purposes of developing and increasing the capacity and the effectiveness of major offenders programs that prioritize the arrest and prosecution of habitual repeat and violent criminal offenders. (b) MAJOR OFFENDERS PROGRAMS- The programs referred to in subsection (a) shall include the following-- (1) establishment or expansion of specialized major offender units in law enforcement and criminal prosecutor offices to identify, monitor, arrest, and prosecute major offenders; (2) establishment or expansion of a State crime information center computer data base to include the complete arrest histories of major offenders and other relevant information for use by law enforcement officers and criminal prosecutors; and (3) create programs and pilot projects that foster cooperation between law enforcement and criminal prosecution offices in arresting and prosecuting major offenders, including programs that dispatch district attorneys to arrest scenes in order to witness the arrest and to safeguard against procedural errors. SEC. 113. STATE APPLICATIONS. (a) IN GENERAL- (1) To be eligible to receive a grant under this subtitle, the chief executive of a State shall submit an application to the Director of the Bureau of Justice Assistance in such a form and containing such information as the Director may reasonably require. (2) The State application shall be drafted in consultation and cooperation with State and local law enforcement, State and local criminal prosecution offices, local governing bodies, and other appropriate State and local agencies. (3) In such application, a State office or agency shall be designated by the chief executive as the lead agency responsible for the coordination, implementation, administration, and evaluation of the services described in the application in accordance with this subtitle. (4) Each State application will contain assurances that the lead agency will work in cooperation with the appropriate State and local agencies and offices to implement inter agency agreements to carry out the provisions of this subtitle. (b) GENERAL CONTENTS- Each State application under subsection (a) shall include-- (1) a description of the law enforcement and prosecutorial problems, as well as the crime problems attributable to major offenders that are encountered in the areas and populations to be served under this grant; and (2) assurances that Federal funds received under this subtitle shall supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subtitle. (c) COMPREHENSIVE PLAN- Under this subtitle, each State application shall include a comprehensive plan, containing-- (1) a description, with supporting data, of the crime problems attributable to major offenders that improved law enforcement and prosecution programs may be able to decrease; (2) a description of the resources available to implement or expand major offenders programs, together with an account of the expenses involved in the plan that cannot be met with existing resources at the State and county levels; and (3) an evaluation component, including quantifiable data, that will measure progress toward meeting the goals under this subtitle. SEC. 114. LOCAL APPLICATIONS. (a) IN GENERAL- To request funds under this subtitle from a State, the chief executive of a unit of local government shall submit an application to the lead agency designated under section 112(a)(2) which shall, to the extent possible, include all the elements required for State grant applications enumerated under this subtitle. (b) APPROVAL- (1) Such application shall be considered approved, in whole or in part, by the State not later than 45 days after such application is received unless the State informs the applicant in writing of specific reasons for disapproval. (2) The State shall not disapprove any application submitted to the State without first affording the applicant reasonable notice and an opportunity for reconsideration. (3) If such application is approved, the unit of local government is eligible to receive such funds. (c) PRIORITY- In drafting a grant proposal for funds under this section, the State shall give priority to applications from local governments or geographic regions which have the highest crime rate per capita, relative to the rest of the State. SEC. 115. ALLOCATION OF FUNDS. (a) ALLOCATION TO THE STATES- Funds appropriated for this subtitle shall be allocated as follows: (1) 0.4 percent shall be allocated to each of the States; and (2) of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the population of such State bears to the population of all States. (b) ALLOCATION TO UNITS OF LOCAL GOVERNMENT- (1) Each State which receives funds under subsection (a) in a fiscal year shall distribute among units of local government in such State that portion of such funds which bears the same ratio to the aggregate amount of such funds as the amount of funds expended by all units of local government for major offenders in the preceding fiscal year bears to the aggregate amount of funds expended by the State and all units of local government in such State for major offenders in such preceding fiscal year. (2) In distributing funds received under this subtitle among urban, rural, and suburban units of local government, the State shall give priority to jurisdictions with the greatest need. SEC. 116. RENEWAL AND LIMITATIONS. (a) RENEWAL OF GRANTS- A grant may be renewed to each State for up to 4 additional years after the first fiscal year a grant is received, subject to availability of funds, if the Director determines that funds were used in a manner required under the approved application and if the applicant can demonstrate significant progress in attaining the stated goals of this subtitle. (b) LAND RESTRICTION- Funds provided under this subtitle shall not be used for purposes of land acquisition, construction, or facility operations and maintenance costs. (c) FEDERAL SHARE- The Federal share shall not exceed 75 percent of the total costs of the projects described in the State application for the fiscal year for which the projects receive assistance under this subtitle. (d) ADMINISTRATIVE COST LIMITATION- The chief executive of the State shall use not more than 5 percent of the funds available under this subtitle for purposes of administration, technical assistance, and evaluation. SEC. 117. AWARD OF GRANTS. (a) IN GENERAL- The Bureau of Justice Assistance shall make a grant to carry out the projects described in the State application upon determining that-- (1) the application is consistent with the requirements under this subtitle; and (2) before the approval of the application the Bureau has made an affirmative finding in writing that the application has been reviewed in accordance with this title. (b) APPROVAL- The application submitted under this subtitle shall be considered approved, in whole or in part, by the Bureau not later than 45 days after first received unless the Bureau informs the applicant of specific reasons for disapproval. (c) DISAPPROVAL NOTICE AND RECONSIDERATION- The Bureau shall not disapprove any application without first affording the applicant reasonable notice and an opportunity for reconsideration. (d) RESTRICTION- Grant funds received under this subtitle shall not be used for land acquisition or construction purposes. SEC. 118. DEFINITIONS. For purposes of this subtitle: (1) The term `major offender' includes the meaning of the terms habitual repeat offender and violent criminal offender defined in paragraphs (2) and (3), respectively. (2) The term `habitual repeat offender' means an individual with more than 3 State or Federal felony convictions. (3) The term `violent criminal offender' means an individual with a conviction for a State or Federal felony offense which-- (A) has as an element the use, attempted use, or threatened use of physical force against the person of another; or (B) is burglary, arson, or extortion, involves the use of explosives, or otherwise involves conduct that presents a serious potential risk of physical injury to another. SEC. 119. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $400,000,000 for each of the fiscal years 1994 through 1998 to carry out the projects under this subtitle. TITLE II--REDUCING CRIMINAL RECIDIVISM Subtitle A--Alternative Sentencing Program Grants: Targeting Nonviolent and Nonrepeat Criminal Offenders SEC. 201. FINDINGS. Alternative sentencing reduces the immediate problem of prison overcrowding and offers unique opportunities for reducing criminal recidivism through reform. SEC. 202. GRANT AUTHORIZATION. (a) IN GENERAL- The Director of the Bureau of Justice Assistance may make grants under this subtitle to States, for use by States and units of local government, to develop and increase the capacity and the effectiveness of alternative programs that target the reform of nonviolent and nonrepeat criminal offenders. (b) ALTERNATIVE METHODS- The alternative methods referred to in subsection (a) should ensure the certainty of punishment for nonviolent and nonrepeat criminal offenders who, in the assessment of the State and local courts, can be punished more effectively in an environment other than a traditional correctional facility, including-- (1) correctional options, such as community-based incarceration, weekend incarceration, and electronic monitoring of offenders; (2) community service programs that provide work service placement for young offenders; and (3) innovative methods and pilot projects that address the problems of young offenders convicted of serious substance abuse and gang-related offenses, including technical assistance and training to counsel and treat such offenders. SEC. 203. APPLICATIONS. (a) IN GENERAL- (1) To be eligible to receive a grant under this subtitle, the chief executive of a State, in consultation with the State Department of Corrections, shall submit an application to the Director of the Bureau of Justice Assistance in such a form and containing such information as the Director may reasonably require. (2) In such application, a State office or agency shall be designated by the chief executive as the lead agency responsible for the coordination, implementation, administration, and evaluation of the services described in the application in accordance with this subtitle. (3) Each State application will contain assurances that the lead agency will work in cooperation with the State Department of Corrections, and other appropriate State and local agencies to implement inter agency agreements to carry out the provisions of this subtitle. (b) GENERAL CONTENTS- Each State application under subsection (a) shall include-- (1) a description of the incidence and causes of recidivism among nonviolent criminal offenders encountered in the areas and populations to be served under this grant; and (2) assurances that Federal funds received under this subtitle shall supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subtitle. (c) COMPREHENSIVE PLAN- Under this subtitle, each State application shall include a comprehensive plan, containing-- (1) a description of the alternative programs needed to combat recidivism and reduce prison overcrowding, as well as an assessment of the expected decrease in area crime problems due to the availability of alternative sentences, including relevant supporting data; (2) a description of the resources available to implement such programs, together with an account of the expenses involved in the plan that cannot be met with existing resources at the State and local levels; and (3) an evaluation component, including quantifiable data that will measure progress toward meeting the goals under this subtitle. SEC. 204. ALLOCATION OF FUNDS. Funds appropriated for this subtitle shall be allocated as follows: (1) 0.4 percent shall be allocated to each of the States; and (2) of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each State an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the population of such State bears to the population of all States. SEC. 205. RENEWAL AND LIMITATION ON GRANTS. (a) RENEWAL OF GRANTS- A grant may be renewed to each State up to 4 additional years, subject to the availability of funds, if the Director determines the funds were used in a manner required under the approved application and if the applicant can demonstrate significant progress in attaining the stated goals of this subtitle. (b) LAND RESTRICTION- Funds provided under this subtitle shall not be used for purposes of land acquisition, construction, or facility operations and maintenance costs. (c) FEDERAL SHARE- The Federal share shall not exceed 75 percent of the total costs of the projects described in the State application for the fiscal year for which the projects receive assistance under this subtitle. (d) ADMINISTRATIVE COST LIMITATION- The chief executive of the State shall use not more than 5 percent of the funds available under this subtitle for purposes of administration, technical assistance, and evaluation. SEC. 206. AWARD OF GRANTS. (a) IN GENERAL- The Bureau of Justice Assistance shall make a grant to carry out the projects described in the application upon determining that-- (1) the application is consistent with the requirements outlined under this subtitle; and (2) before the approval of the application the Bureau has made an affirmative finding in writing that the application has been reviewed in accordance with this subtitle. (b) APPROVAL- The application submitted under this subtitle shall be considered approved, in whole or in part, by the Bureau not later than 45 days after the application is first received unless the Bureau informs the applicant of specific reasons for disapproval. (c) DISAPPROVAL NOTICE AND RECONSIDERATION- The Bureau shall not disapprove any application without first affording the applicant reasonable notice and an opportunity for reconsideration. (d) RESTRICTION- Grant funds received under this subtitle shall not be used for land acquisition or construction purposes. SEC. 207. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $340,000,000 for each of the fiscal years 1994 through 1998 to carry out the projects under this subtitle. Subtitle B--Parole System Fortification SEC. 211. FINDINGS. Increased monitoring and supervision of prison inmates released on parole, particularly for individuals likely to commit new crimes following release, provides an important opportunity to break the cycle of recidivism, immediately reducing the crime rate and reducing the prospect of prison overcrowding in the future. SEC. 212. GRANT AUTHORIZATION. (a) IN GENERAL- The Director of the Bureau of Justice Assistance may make grants under this subtitle to States, for use by States and units of local government, to increase the capacity and effectiveness of parolee monitoring and drug testing. (b) PAROLE SYSTEM ASSISTANCE- Applications for grants under this subtitle should ensure the improved effectiveness of supervisory release programs in reducing recidivism, including programs that-- (1) increase the number of parole officers, reducing the ratio of officers to parolees, with the purpose of making certain that the releasee is abiding by all terms and conditions of release, such as drug rehabilitation; (2) establishing or expanding a parolee release and information computer network to be made available to police and parole officers; (3) establishing or expanding drug treatment, rehabilitation, and testing programs for parolees with a history of drug abuse and serious criminal activity; and (4) innovative methods or pilot projects that use parole officers as agents in the prevention of parolee recidivism and that increase cooperation between police and parole officers. SEC. 213. STATE APPLICATIONS. (a) IN GENERAL- (1) To be eligible to receive a grant under this subtitle, the chief executive of the State shall submit an application to the Director of the Bureau of Justice Assistance in such a form and containing such information as the Director may reasonably require. (2) The application shall be drafted under this subtitle in consultation and cooperation with State and local law enforcement offices, criminal prosecution offices, local governing bodies, and other appropriate State and local agencies. (3) In such application, a State office or agency shall be designated by the chief executive as the lead agency responsible for the coordination, implementation, administration, and evaluation of the services described in the application in accordance with this subtitle. (4) Each application shall contain assurances that the lead agency shall work in cooperation with the appropriate State and local agencies and offices to implement inter agency agreements to carry out the provisions of this subtitle. (b) GENERAL CONTENTS- Each State application under subsection (a) shall include-- (1) a description of the parolee supervision and recidivism problems encountered in the areas and populations to be served under this grant; and (2) assurances that Federal funds received under this subtitle shall supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subtitle. (c) COMPREHENSIVE PLAN- Under this subtitle, each application shall include a comprehensive plan, containing-- (1) a description of the parole system needs, and local crime problems attributable to the release of parolees, including relevant supporting data; (2) a description of the resources available to address parolee needs, together with an account of the expenses involved in the plan that cannot be met with existing resources at the State and local levels; and (3) an evaluation component, including quantifiable data that will measure progress toward meeting the goals under this subtitle. SEC. 214. LOCAL APPLICATIONS. (a) IN GENERAL- (1) To request funds under this subtitle from a State, the chief executive of a unit of local government shall submit an application to the lead agency designated under section 213(a)(2). (2) To the extent possible, such application shall include all the elements required for State grant applications enumerated under this subtitle. (3) Such application shall be considered approved, in whole or in part, by the State not later than 45 days after such application is received unless the State informs the applicant in writing of specific reasons for disapproval. (4) The State shall not disapprove any application submitted to the State without first affording the applicant reasonable notice and an opportunity for reconsideration. (5) If such application is approved, the unit of local government is eligible to receive such funds. (b) PRIORITY- In drafting a grant proposal for funds under this section, the State shall give priority to applications from local governments or geographic regions in which the concentration of parolees is highest per capita, relative to the rest of the State. SEC. 215. ALLOCATION OF FUNDS. (a) ALLOCATION TO THE STATES- Funds appropriated for this subtitle shall be allocated as follows: (1) 0.4 percent shall be allocated to each of the States; and (2) of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each State an amount which bears the same ratio to the number of released parolees of such State bears to the number of released parolees of all States. (b) ALLOCATION TO UNITS OF LOCAL GOVERNMENT- (1) Each State which receives funds under subsection (a) in a fiscal year shall distribute among units of local government in such State that portion of such funds which bears the same ratio to the number of released parolees of such unit of local government in the preceding fiscal year bears to the number of released parolees of all units of local government in such State in the preceding fiscal year. (2) In distributing funds received under this subtitle among urban, rural, and suburban units of local government, the State shall give priority to jurisdictions with the greatest need. SEC. 216. RENEWAL AND LIMITATION ON GRANTS. (a) RENEWAL OF GRANTS- A grant may be renewed to each State for up to 4 additional years subject to availability of funds, if the Director determines the funds were used in a manner required under the approved application and if the applicant can demonstrate significant progress in attaining the stated goals of this subtitle. (b) LAND RESTRICTION- Funds provided under this subtitle shall not be used for purposes of land acquisition, construction, or facility operations and maintenance costs. (c) FEDERAL SHARE- The Federal share shall not exceed 75 percent of the total costs of the projects described in the State application for the fiscal year for which the projects receive assistance under this subtitle. (d) ADMINISTRATIVE COST LIMITATION- The chief executive of the State shall use not more than 5 percent of the funds available under this subtitle for purposes of administration, technical assistance, and evaluation. SEC. 217. AWARD OF GRANTS. (a) IN GENERAL- The Bureau of Justice Assistance shall make a grant to carry out the projects described in the application upon determining that-- (1) the application is consistent with the requirements outlined in this subtitle; and (2) before the approval of the application the Bureau has made an affirmative finding in writing that the application has been reviewed in accordance with this subtitle. (b) APPROVAL- The application submitted under this subtitle shall be considered approved, in whole or in part, by the Bureau not later than 45 days after first received unless the Bureau informs the applicant of specific reasons for disapproval. (c) DISAPPROVAL NOTICE AND RECONSIDERATION- The Bureau shall not disapprove any application without first affording the applicant reasonable notice and an opportunity for reconsideration. (d) RESTRICTION- Grant funds received under this subtitle shall not be used for land acquisition or construction purposes. SEC. 218. DEFINITION. For purposes of this subtitle, the term `parole' means the conditional release of prisoners serving an indeterminate or unexpired sentence. SEC. 219. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $600,000,000 for each of the fiscal years 1994 through 1998 to carry out the projects under this subtitle. TITLE III--ENDING THE DOUBLE VICTIMIZATION OF SOCIETY SEC. 301. PURPOSE. The purpose of this title is to address the `double victimization' of society by restricting taxpayer funds that support individuals who make a career of committing criminal offenses against society and requiring all able-bodied prisoners to repay society for the expense of incarceration through prison work programs. Subtitle A--Denial of Federal Benefits SEC. 302. DENIAL OF FEDERAL BENEFITS TO THIRD-TIME FELONS. Any individual who is convicted of 3 Federal or State felony offenses shall be ineligible for any Federal benefits. SEC. 303. CLEARINGHOUSE AND PUBLICATION. (a) STATE AND FEDERAL COURTS- State and Federal courts shall send information, as determined necessary by the Director of the Office of Justice Assistance, regarding the conviction of third-time felons to the Office of Justice Assistance in a timely manner. (b) JUSTICE ASSISTANCE- The Office of Justice Assistance shall maintain a computer listing of individuals convicted of a third Federal or State felony offense and update such list in a timely manner. (c) GENERAL SERVICES ADMINISTRATION- The Office of Justice Assistance shall transfer the names of such individuals to the General Services Administration for inclusion in the publication `Lists of Parties Excluded from Federal Procurement or Nonprocurement Programs'. (d) GOVERNMENT AGENCIES- Representatives of a Government agency that is responsible for the distribution of a Federal benefit shall consult such publication before granting such benefit. SEC. 304. DEFINITIONS. For purposes of this title, the term `Federal benefit'-- (1) means the issuance of any grant, contract, loan, professional license, commercial license, welfare, or public housing provided by an agency of the United States or by appropriated funds of the United States; and (2) does not include a benefit for which payment or services are required for eligibility. SEC. 305. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated such sums as may be necessary to carry out the provisions of this subtitle. SEC. 306. EFFECTIVE DATE. The denial of Federal benefits set forth in this subtitle shall take effect for convictions occurring after the date of the enactment of this Act. Subtitle B--Prison Work Programs SEC. 311. FORMULA GRANT REDUCTION. Section 506 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is amended by adding at the end the following: `(g) In order not to reduce the funds available under this subpart by 25 percent (for redistribution to other participating States), a State shall, on the first day of each fiscal year succeeding fiscal year 1993 implement or continue a prison work fare program that requires an inmate, who is physically able (as determined by the State Director of Corrections), to work a portion of each day.'. TITLE IV--COMMUNITY POLICING PROGRAMS Subtitle A--Community Policing SEC. 401. GRANT AUTHORIZATION. The Director of the Bureau of Justice Assistance may make grants under this subtitle to States, for use by States and community groups, to develop or expand community policing and crime prevention programs. SEC. 402. STATE APPLICATIONS. (a) IN GENERAL- To be eligible to receive a grant under this subtitle, the chief executive of the State shall submit an application to the Director of the Bureau of Justice Assistance in such a form and containing such information as the Director may reasonably require. (b) GENERAL CONTENTS- Each State application under subsection (a) shall include-- (1) a description of current efforts by the State to promote community policing and crime prevention programs; and (2) assurances that Federal funds received under this subtitle shall supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subtitle. SEC. 403. LOCAL APPLICATIONS. (a) IN GENERAL- (1) To request funds under this subtitle from a State, each community group, which has received certification from the chief executive of the unit of local government as a legitimate group, shall submit an application to the chief executive of the State. (2) To the extent possible, such application shall include all the elements required for State grant applications enumerated under this subtitle. SEC. 404. LOCAL USES OF FUNDS. Community groups that receive a grant under this subtitle may use such funds for the recruitment of new members, administrative expenses, equipment acquisitions (including flashlights, radios, uniforms, audio-visual equipment, and local rentals) and community education programs. SEC. 405. RENEWAL AND LIMITATION ON GRANTS. (a) RENEWAL OF GRANTS- A grant may be renewed to each State for up to 4 additional years subject to availability of funds, if the Director determines the funds were used in a manner required under the approved application. (b) LAND RESTRICTION- Funds provided under this subtitle shall not be used for purposes of land acquisition, construction, or facility operations and maintenance costs. (c) FEDERAL SHARE- The Federal share shall not exceed 90 percent of the total costs of the projects described in the State application for the fiscal year for which the projects receive assistance under this subtitle. (d) ADMINISTRATIVE COST LIMITATION- The chief executive of the State shall use not more than 5 percent of the funds available under this subtitle for purposes of administration, technical assistance, and evaluation. SEC. 406. AUTHORIZATION OF APPROPRIATIONS. There are authorized to be appropriated $10,000,000 for each of the fiscal years 1994 through 1998 to carry out the projects under this subtitle. Subtitle B--Trust Fund for Community Policing SEC. 411. TAX ON SMOKING PARAPHERNALIA; DRUG USE PREVENTION TRUST FUND. (a) TAX ON SMOKING PARAPHERNALIA- (1) IN GENERAL- Section 5701 of the Internal Revenue Code of 1986 (relating to rate of tax on cigars, cigarettes, smokeless tobacco, pipe tobacco, and cigarette papers and tubes) is amended by redesignating subsection (g) as subsection (h) and by inserting after subsection (f) the following new subsection: `(g) CERTAIN SMOKING PARAPHERNALIA- On taxable smoking paraphernalia manufactured in or imported into the United States, there shall be imposed a tax equal to 100 percent of the price for which sold.' (2) DETERMINATION OF PRICE- Subsection (m) of section 5702 of such Code is amended-- (A) by striking `ON CIGARS' in the heading, and (B) by striking `section 5701(a)(2)' and inserting `subsections (a)(2) and (g) of section 5701'. (3) TAXABLE SMOKING PARAPHERNALIA- Section 5702 of such Code is amended by adding at the end thereof the following new subsection: `(o) TAXABLE SMOKING PARAPHERNALIA- The term `taxable smoking paraphernalia' means metal, plastic, or glass smoking pipes; water pipes; smoking and carburetion masks; chamber pipes; carburetor pipes; electric pipes; air-driven pipes; chillums; bongs; ice pipes or chillers, and any other item that the Secretary determines is primarily used for smoking any substance other than tobacco.' (b) INCREASE IN TAX ON CIGARETTE PAPERS- Subsection (c) of section 5701 of such Code is amended by striking `0.75 cent (0.625 cent on cigarette papers removed during 1991 or 1992)' and inserting `2 cents'. (c) DRUG USE PREVENTION TRUST FUND- (1) IN GENERAL- Subchapter A of chapter 98 of such Code (relating to trust fund code) is amended by adding at the end thereof the following new section: `SEC. 9512. DRUG PREVENTION TRUST FUND. `(a) CREATION OF TRUST FUND- There is established in the Treasury of the United States a trust fund to be known as the `Drug Prevention Trust Fund', consisting of such amounts as may be appropriated or credited to such Trust Fund as provided in this section or section 9602(b). `(b) TRANSFERS TO TRUST FUND- `(1) IN GENERAL- There are hereby appropriated to the Drug Prevention Trust Fund amounts equivalent to the net revenues received in the Treasury from-- `(A) the tax imposed by section 5702(a)(2) (relating to tax on cigarette papers) to the extent attributable to a rate of tax in excess of the rate in effect on the day before the date of the enactment of this Act, and `(B) the tax imposed by section 5701(g) (relating to tax on taxable smoking paraphernalia). `(2) NET REVENUES- For purposes of paragraph (1), the term `net revenues' means the amount estimated by the Secretary based on the excess of-- `(A) the taxes received in the Treasury from the taxes described in subparagraphs (A) and (B) of paragraph (1), over `(B) the decrease in the tax imposed by chapter 1 resulting from such taxes. `(c) EXPENDITURES FROM TRUST FUND- Amounts in the Trust Fund shall be available, as provided in appropriation Acts, only for purposes of making expenditures to carry out the community policing program coordinated by the Director of the Bureau of Justice Assistance.' (2) CLERICAL AMENDMENT- The table of sections for such subchapter A is amended by adding at the end thereof the following new item: `Sec. 9512. Drug Prevention Trust Fund.' (d) EFFECTIVE DATE- (1) TAXES- The amendments made by subsections (a) and (b) shall apply to articles removed after the date of the enactment of this Act. (2) TRUST FUND- The amendments made by subsection (c) shall take effect on the date of the enactment of this Act.
Introduced in House
Introduced in House
Referred to the House Committee on Judiciary.
Referred to the House Committee on Ways and Means.
Referred to the Subcommittee on Crime and Criminal Justice.
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