[Federal Register Volume 59, Number 234 (Wednesday, December 7, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29963]
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[Federal Register: December 7, 1994]
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DEPARTMENT OF JUSTICE
Office of Justice Programs
28 CFR Part 91
[OJP No. 1011]
RIN 1121-AA25
Violent Offender Incarceration and Truth in Sentencing Incentive
Grant Program
AGENCY: Department of Justice, Office of Justice Programs (OJP).
ACTION: Interim final rule.
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SUMMARY: This interim rule implements and requests comments regarding
the Violent Offender Incarceration and Truth in Sentencing Incentive
Grant Program, Subtitle A of Title II of the Violent Crime Control and
Law Enforcement Act of 1994.
The Violent Offender Incarceration and Truth in Sentencing Grant
Program will provide grants to states, and states organized in multi-
state compacts, for assistance to correctional systems. These
regulations are being issued in accordance with the mandate in Subtitle
A of Title II that rules and regulations regarding the uses of grant
funds under this program be issued. While this rule discusses the
implementation of the overall Subtitle A program, fiscal year 1995
funds have only been appropriated for the construction-related costs of
correctional boot camps.
DATES: Interim rule effective on December 7, 1994; comments must be
received March 7, 1995.
ADDRESSES: Comments may be sent to Marlene Beckman at the Office of
Justice Programs, 633 Indiana Avenue, 13th Floor, NW, Washington, DC
20531.
FOR FURTHER INFORMATION CONTACT: The Department of Justice Response
Center at 1-800-421-6770 or (202) 307-1480.
SUPPLEMENTARY INFORMATION: Federal funding is authorized under Subtitle
A of Title II of the Violent Crime Control and Law Enforcement Act of
1994 (Subtitle A), Public Law 103-322, for grants to states, and states
organized in multi-state compacts, for assistance to adult and juvenile
correctional systems. The program recognizes that states and local
jurisdictions have experienced substantial increases in jail, prison
and juvenile confinement populations in recent years, resulting in
escalating costs and serious difficulties in managing overcapacity
correctional populations. Because of these constraints, correctional
systems have often been unable to implement new programs, develop
alternative confinement strategies, or open new facilities. This
program seeks to provide funds to address the immediate needs of
correctional facilities and programs.
In particular, the program emphasizes the need to make available
both conventional jail and prison space for the confinement of violent
offenders and to ensure that violent offenders remain incarcerated for
substantial periods of time through the implementation of truth in
sentencing laws. Accordingly, Subtitle A directs the Attorney General
to award grants to construct, develop, expand, modify, operate, or
improve correctional facilities, including boot camp facilities and
other alternative correctional facilities that will free secure prison
space for the confinement of violent offenders.
Fifty percent of the total amount of funds appropriated each year
will be allocated for Truth in Sentencing Incentive Grants and the
other 50 percent will be allocated for Violent Offender Incarceration
Grants, 85 percent of which is to be distributed by specified formula
with the remaining 15 percent available for discretionary grant awards.
The formula amount available to carry out the grant programs for
any fiscal year will be allocated to each eligible state based on Part
1 violent crime data reported to the Federal Bureau of Investigation
for use in the Uniform Crime Reports (UCR). If such data is
unavailable, applicants may also utilize figures as reported in
publications by the Bureau of Justice Statistics (BJS). (See, e.g.,
``Census of State and Local Correctional Facilities, 1990.'')
The statute contemplates the availability of $7.9 billion in
funding over six years, beginning with $175 million authorized in
fiscal year 1995. It is important to note, however, that Congress
appropriated only $24.5 million for Subtitle A programs for fiscal year
1995. Moreover, the Appropriations Act limits these funds to a
discretionary grant program for the construction of correctional boot
camps. Specifically, grant awards in fiscal year 1995 are to develop,
construct, or expand boot camp programs which include coordinated,
intensive aftercare services following release. It is anticipated that
program guidelines and information outlining the application process
for adult and juvenile boot camp fiscal year 1995 grant awards will be
available in January 1995.
Statement of the Problem
State and local prison populations continue to grow. Moreover,
there are a number of states and local jurisdictions under court order
because of overcrowding in their correctional facilities. The majority
of jurisdictions operate above the total rated capacity for their
correctional facilities. Those facilities under court order for
overcrowding which have taken steps to control their burgeoning inmate
populations tend to operate at or near capacity in order to remain in
compliance with the court orders.
Correctional systems faced with rising prison populations and
court-ordered ceilings have responded in various ways. Some have
implemented population management task forces to ensure that violent
criminals are not released as a result of accommodating nonviolent
offenders. Others have simply released offenders when their
institutions reach a certain population level, without significant
controls over the security classifications of the inmates. Still other
systems under court order have implemented statutory release programs.
The Violent Crime Control and Law Enforcement Act of 1994
Subtitle A provides for immediate assistance to correctional
systems to contend with this growing inmate population crisis. Of
primary importance is the recognition that there must be adequate
conventional confinement space for violent offenders, both adults and
juveniles, to serve a substantial portion of their sentences. This
program, therefore, provides grants to assist correctional systems in
managing a comprehensive approach which will provide for the
confinement of violent offenders; help address the problems associated
with overcapacity in correctional facilities through the improvement,
development, expansion or modification of present facilities and
programs; and support comprehensive programs and treatment that will
assist in reducing recidivism.
Federal, State and Local Partnerships
Because crime is primarily a state and local issue, the Subtitle A
grant program envisions a federal, state, and local collaboration to
address the problems associated with the incarceration and punishment
of violent offenders. State and local government officials were
involved in the congressional hearings that guided this legislation,
and will continue to be involved as the Department of Justice moves
forward in establishing policy guidance, developing regulations, and
implementing program guidelines.
In addition, this grant program provides flexibility to states and
local governments in utilizing federal funds to plan, construct, and
operate correctional facilities in ways that best meet their needs and
in the most cost-effective manner. Built into the program is the
recognition that correctional systems can use grant funds in a variety
of ways to ensure the greatest and most timely impact.
Under Subtitle A, corrections systems will have the ability to
quickly bring on-line additional bed space in facilities which,
although construction has been completed, are not being utilized due to
funding constraints. States and local agencies can also activate prison
and jail expansion and juvenile corrections projects that have been
planned, but not launched, due to lack of funds. The grant program
further provides for the expansion of alternative correctional options
for nonviolent offenders which will free secure bed space for dangerous
offenders to serve their sentences.
Moreover, corrections systems will have flexibility in using
surplus federal property. Beds for violent offenders can be made
available in secure facilities through the conversion of closed
military facilities or other appropriate federal facilities to
facilities for housing low-security inmates.
Subtitle A also recognizes the benefits of regional prisons,
particularly for adjoining localities. The economies of scale resulting
from a multi-state compact prison are particularly beneficial for
confining specialized groups of offenders, such as medical/psychiatric
inmates, inmates requiring protective custody, and high security
inmates.
The grant program balances appropriate accountability through
various eligibility criteria, the availability of technical assistance,
and the evaluation of programs implemented with these funds, with the
flexibility states and local governments require and deserve based on
their individual needs and expertise. Grant eligibility criteria
specifically provide for the involvement of counties and local
governments and the sharing of funds with these entities.
Moreover, the federal role provides sufficient structure and
definition in the eligibility criteria to meet the program's goals,
while allowing for judgment by grant recipients to take into account
the states' various unique situations, criminal and juvenile justice
practices, and correctional systems. The program accounts for the
different needs of the states and local entities, and reflects that
there is no ``national standard'' approach that will suit all
jurisdictions. The grant monies are available for the range of
correctional needs such as system planning and facility development, as
well as the construction, expansion, modification, improvement, and
operation of a variety of correctional facilities.
Violent Juvenile Crime
Concern also continues nationwide over the escalation in violent
juvenile crime. According to the FBI's Uniform Crime Reports, juvenile
arrests for violent offenses increased dramatically over the five-year
period from 1988 to 1992--47 percent--while adult violent crime arrests
increased 19 percent. The estimated 129,600 Violent Crime Index arrests
of juveniles in 1992 was the highest in our history, with 3,300 arrests
for murder, 6,300 for forcible rape, 45,700 for robbery and 74,400 for
aggravated assault. Moreover, during the past few years, there has been
a marked escalation of homicides by juvenile offenders. Teenage
homicides have more than doubled since 1984, and juvenile homicides
involving firearms have increased 175 percent since 1983. Of particular
importance is that the size of the current 14-17 year-old population,
which has been responsible for much of the recent youth violence, will
increase by about 20 percent in the next decade.
The ``Comprehensive Strategy for Serious, Violent and Chronic
Juvenile Offenders,'' developed by the Department's Office of Juvenile
Justice and Delinquency Prevention, is the centerpiece of the
Department's response to growing juvenile crime. The Subtitle A grant
program is an integral part of the comprehensive strategy's
intervention component. The program is based on the recognition that an
effective model for the treatment and rehabilitation of delinquent
offenders must combine accountability and sanctions with increasingly
intensive treatment and rehabilitative efforts at every stage of the
continuum.
The intervention component calls for establishing a range of
graduated sanctions that includes both immediate interventions and
intermediate sanctions, including both nonresidential and residential
placements and programming. Boot camps offer an intermediate sanction
for nonviolent juvenile offenders. These programs should be short-term
and include a formal aftercare phase, actively involving the family and
the community in supporting and reintegrating the juvenile into the
community.
While the strategy encourages the use of non-residential community-
based programs and intensive supervision programs for many juvenile
offenders, it recognizes that the criminal behavior of some serious,
violent and chronic offenders requires the use of secure detention and
corrections facilities to protect the community and provide a
structured treatment environment. This grant program will facilitate
jurisdictions in meeting the challenge of placing juvenile offenders in
need of confinement in secure facilities.
Grants for Correctional Facilities
The Subtitle A authorization provides for two different grant
programs: (1) Violent Offender Incarceration Grants, and (2) Truth in
Sentencing Incentive Grants. Of the total federal funding authorized to
Subtitle A grant programs each year, 50 percent is allocated for each
of these two grant initiatives. With the exception of a limited
discretionary grant program, this funding will be distributed to states
based on the formula specified in Subtitle A. Although the statute
provides for states and multi-state compacts as the only eligible grant
recipients, Subtitle A requires that states involve counties and other
units of local government and share funds received under this program
with them.
To be eligible to receive funding under either of the Subtitle A
programs, states must comply with a series of assurances involving
sentencing policies and practices and other guarantees of sound
correctional systems to ensure that violent offenders are sufficiently
incapacitated and that the public is protected.
Included in the assurances are requirements that the state: (1)
Implement sentencing reforms that ensure violent offenders receive
sufficiently severe punishments, (2) recognize the rights and needs of
crime victims, and (3) develop a comprehensive correctional management
plan that includes diversion programs, particularly drug diversion
programs, community corrections programs, systems designed to
accurately evaluate and classify inmates within the system, and
programs and treatment designed to assist in reducing recidivism,
including rehabilitation and treatment programs and job skills.
Emphasis will be placed on a corrections system's ability to plan for
and implement these basic components of a comprehensive and coordinated
approach to correctional policy.
Comprehensive Correctional Planning
By definition, a comprehensive system involves state and local
governments; thus, the development of a comprehensive plan necessitates
a partnership and collaboration among state and local entities. Because
the flow of offenders begins at the local level, both local and state
governments play key roles in the punishment of offenders through
alternative sanctions and incarceration in correctional facilities. The
input of county and municipal juvenile and criminal justice officials
will be considered essential to creating an effective overall state
strategy to meet the goals of this grant program. Both local and state
governments also have a strong interest in any change in the capacity
of any component of the corrections system. The statutory assurances
are clear in their intent that states are expected to share funds with
local units of government in support of effective implementation of the
comprehensive plan.
Participants in the comprehensive plan development should represent
a broad mix of interested and involved organizations and officials from
varying perspectives. Every effort should be made by the state to
include mayors, city and county officials, police departments,
sheriffs, judges, prosecutors, community corrections administrators,
representatives from the treatment and education communities and
indigent defense, concerned citizens, and victims' advocates, as well
as the juvenile justice system. Applicants should also take an active
role in involving state and juvenile justice administrative agencies
and advisory boards. The manner in which criminal and juvenile justice
functions are structured in various states and their relationships with
other justice agencies will affect the roles played in the development
of an effective correctional plan.
The comprehensive correctional plan must address how the state has
involved local jurisdictions and the plan for sharing funds with local
facilities, truth in sentencing and victims' rights issues, and the
continuum of correctional options required for adult and juvenile
offenders. It must meet the overall goal of incarcerating violent
offenders, and must convey the options for nonviolent offenders that
will free up traditional bed space to accomplish that goal.
Victims' Rights and Needs
To be eligible to receive grants, states must provide assurances
that they have implemented policies that provide for the recognition of
the rights and needs of crime victims. No specific requirements for
complying with this condition are prescribed by this interim rule in
relation to fiscal year 1995 funding because of the need for
comprehensive review of the status of victims' rights measures in state
systems. State applications for fiscal year 1995 funding should include
information on measures which are in effect or under consideration in
the state to protect the rights and interests of crime victims.
More definitive guidance will be provided concerning compliance
with this condition in a final rule or related guidelines for funding
in fiscal year 1996 and thereafter. Areas that have been identified as
implicating important rights and needs of crime victims include: (1)
Providing notice to victims concerning case and offender status, (2)
providing an opportunity for victims to be present at public court
proceedings, (3) providing victims the opportunity to be heard at
sentencing and parole hearings, (4) providing for restitution and other
compensation to victims, and (5) establishing administrative mechanisms
or other mechanisms to effectuate these rights.
States that expect to seek funding under this program in fiscal
year 1996 or thereafter are encouraged to review the status of victim
rights measures in their systems, particularly with reference to the
five areas identified above. Federal law incorporates significant
measures in each of these areas for federal cases. The provisions of
federal law governing these issues may be useful for states as a
possible model for reform, if they have not already adopted similar
measures in their own systems. See 42 U.S.C. 10606(b)(3), (7), 10607(c)
(notice concerning case and offender status); 42 U.S.C. 10606(b)(4)
(right to be present at public court proceedings); Rule 32 of the
Federal Rules of Criminal Procedure, as amended effective December 1,
1994 (right of allocution in sentencing for victims); 18 U.S.C. 3663,
3553(c) (general restitution provisions for federal cases); 42 U.S.C.
10607(a) and (b), 10607(c)(5) (assignment of responsibility for victim-
related functions).
Truth in Sentencing Incentive Grants
To be eligible to receive funding under the Truth in Sentencing
Grant Program, in addition to meeting the assurances listed in Subtitle
A, states must also meet certain sentencing requirements. In
particular, to qualify for this part of the grant program, states must
have in effect sentencing laws that either provide for violent
offenders to (1) serve not less than 85 percent of their sentences, or
(2) meet other requirements that ensure that violent offenders, and
especially repeat violent offenders, remain incarcerated for
substantially greater percentages of their imposed sentences.
The Office of Justice Programs is aware that the vast majority of
states will at present have difficulty in meeting the condition that
violent offenders serve at least 85 percent of the sentence imposed. No
specific guidance for complying with this assurance is prescribed at
this time both because funding for this program is not available in FY
'95, and also because of the need for further review of state
compliance issues. Moreover, we are particularly interested in comments
from the field on compliance issues and on the definition of ``violent
offender'' for purposes of truth in sentencing grant awards.
FY 1995 Correctional Boot Camp Initiative
The availability of funds each year is, of course, limited by the
appropriations process. In fiscal year 1995, Congress has allocated
$24.5 million to Subtitle A grant programs and has imposed additional
limitations on the uses of these grant funds.
Consistent with congressional intent, grant awards in fiscal year
1995 will be for construction-related costs of correctional boot camps
and will be allocated through the discretionary grant component of the
Violent Offender Incarceration Grant Program. Construction-related
costs are broadly interpreted to include costs associated with both the
planning and development of the facility. OJP is expressly precluded,
however, from funding operating expenses.
Specifically, grant funds can be used to plan, develop, construct,
or expand adult and juvenile boot camp programs which must include
coordinated, intensive aftercare services for inmates following
release. Pursuant to the requirements specified in Subtitle A, boot
camps are correctional programs of no longer than six-months
incarceration and must: (1) Exclude offenders who have at any time been
convicted of a violent felony or similarly adjudicated juveniles, (2)
adhere to a regimented schedule, (3) provide for inmate participation
in education, job training and substance abuse counseling or treatment,
and (4) coordinate intensive aftercare services with the services
provided during the period of confinement.
The program emphasis in fiscal year 1995 will be on the
construction, renovation and expansion of correctional boot camp
facilities that will free conventional prison, jail and juvenile
correctional space for the confinement of violent offenders so they can
serve a substantial amount of their imposed sentences. To receive
funds, correctional systems will have to demonstrate, through a
comprehensive correctional plan and prisoner screening and security
classification system, that (1) there is a need for additional secure
confinement space for violent offenders, and (2) this need will be met
through the construction of a boot camp facility that provides housing
otherwise unavailable for nonviolent offenders.
With regard to juvenile facilities, priority will be given to
juvenile boot camps that are designed to prevent juvenile offenders at
risk from becoming violent offenders. This desired outcome will most
likely be accomplished if the jurisdiction engages in efforts that
maximize the likelihood that juvenile boot camp participants would
otherwise be incarcerated in traditional secure facilities (e.g.,
participation limited to those youths who have been adjudicated
delinquents and who have been sentenced to the juvenile state
correctional agency). Among this population, juvenile offenders whose
escalating patterns of delinquent behavior indicate that an
authoritative boot camp intervention is likely to suppress or abate
emerging tendencies towards chronic or violent delinquent behavior
should be considered prime candidates for boot camp participation.
To be eligible to receive grants for correctional boot camp
construction, states must meet the eligibility criteria outlined for
the Violent Offender Incarceration Grant Program, including the
assurances specified in Section 20101(b) of Subtitle A.
Detailed program guidelines and application material for the fiscal
year 1995 correctional boot camp initiative will be available in
January 1995.
Technical Assistance and Training/Evaluation
In keeping with the intent of Congress to assist states in meeting
these assurances, the Department proposes to designate up to 10 percent
of the funds available in this program to provide technical assistance
and training to states that presently do not meet the required general
assurances or want to expand and improve on current efforts in these
areas. Specifically, the Department will provide training and
assistance to states with the comprehensive corrections planning
process, the development of truth in sentencing statutes, and in
otherwise moving toward compliance with the required conditions. States
which meet the general assurances in fiscal year 1995, or are working
toward compliance, will be in a better position to receive grant monies
under these programs over the next several years.
Further, it is the intent of the Department that selected federal
initiatives under the new anti-crime law be evaluated. To accomplish
this goal, a portion of the overall funds authorized under this
Subtitle will be set aside for purposes of implementing a national
evaluation strategy. Recipients of funds must agree to cooperate with
federally-sponsored evaluations of their projects and to conduct
evaluations as required by the national evaluation strategy. In
addition, recipients of program funds will be required to conduct a
local assessment and report on program implementation.
Request for Comments
In submitting comments, please be cognizant of the above-described
statutory limitations. In administering the Subtitle A, Correctional
Facilities Grant Program, OJP seeks to fulfill congressional intent by
ensuring that the statutory limitations are applied appropriately to
all recipients.
Comments are particularly encouraged with respect to the following
definitions and implementation policy issues:
(1) Definition of ``Violent Offender'' [Sec. 91.2(a), Sec. 91.4(b)]
(This interim rule reserves the issue for now, but the Department will
issue a final rule based on comments received, in advance of the
implementation of Subtitle A in fiscal year 1996);
(2) Definition of ``Serious Drug Offense'' [Sec. 91.4(b)];
(3) How a state can demonstrate compliance with the assurance that
it has implemented, or will implement, correctional policies and
programs, including ``truth in sentencing laws that: (a) ``ensure that
violent offenders serve a substantial portion of the sentences
imposed,'' (b) ``are designed to provide sufficiently severe punishment
for violent offenders, including violent juvenile offenders,'' and (c)
``the prison time served is appropriately related to the determination
that the inmate is a violent offender and for a period of time deemed
necessary to protect the public.'' [Sec. 91.2(i), Sec. 91.3(b)(1)];
(4) How a state can demonstrate compliance with the condition to
``provide for the recognition of the rights and needs of crime
victims'' [Sec. 91.3(b)(2)];
(5) How a state can demonstrate that, as a result of the funds
received under this section, secure space will be made available for
the confinement of violent offenders [Sec. 91.3(b)(3)];
(6) How to ensure that states have met the condition to involve and
share funds received with counties and other units of local government
[Sec. 91.3(b)(5)];
(7) How to define the scope of the Comprehensive Correctional Plan
[Sec. 91.3(d)]; and
(8) How a state can demonstrate compliance with the condition for
receiving Truth in Sentencing Incentive Grants, i.e., ``persons
convicted of violent crimes serve not less than 85% of the sentence
imposed'' [Sec. 91.4(b)].
In soliciting comments on the above definitions and key policy
implementation issues, OJP hopes to forge a productive federal/state/
local partnership in addressing the challenge of providing an effective
criminal justice system response to the increased numbers of violent
offenders.
The final rule will address all comments submitted and substantive
differences incorporated will be explained.
Administrative Requirements
This regulation has been drafted and reviewed in accordance with
Executive Order 12866, section 1(b), Principles of Regulation. This
rule is a ``significant regulatory action'' under Executive Order
12866, section 3(f), Regulatory Planning and Review, and accordingly
this rule has been reviewed by the Office of Management and Budget.
The Assistant Attorney General for the Office of Justice Programs
in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)) has
reviewed this regulation and by approving it certifies that this
regulation will not have a significant economic impact on a substantial
number of small entities.
No information collection requirements are contained in this rule.
Any information collection requirements contained in future application
notices for programs authorized by this rule will be reviewed by the
Office of Management and Budget (OMB), as is required by the provisions
of the Paperwork Reduction Act, 91 U.S.C. 3504(h).
This regulation is being published as an interim final rule,
without prior publication of notice and comment, and is made effective
immediately, for good cause as explained below. Under 5 U.S.C.
553(a)(2), matters relating to grants are exempted from notice and
comment requirements. Moreover, in this case, advance notice and
comment would be impractical and contrary to the public interest. Title
II, Subtitle A of the Violent Crime Control and Law Enforcement Act of
1994 requires the publication of regulations implementing the grant
program within 90 days of enactment of the Act.
In order to satisfy congressional requirements and intentions of
expeditious implementation, these regulations are effective immediately
so that eligible states may apply for the boot camp discretionary
program. Publishing a notice of proposed rulemaking and awaiting
receipt of comments would significantly delay the implementation of the
FY '95 boot camp grant program. Such delay would be contrary to the
public interest and would contradict the congressional intent to
provide immediate grant assistance.
Although OJP will proceed expeditiously with regard to the
promulgation of guidelines for the fiscal year 1995 boot camp program,
we are very interested in receiving public comment on the overall
program and will consider all comments in preparing the final rule.
List of Subjects
Grant programs, Judicial administration.
For the reasons set out in the preamble, Title 28, Chapter I, of
the Code of Federal Regulations is amended by adding a new part 91 as
set forth below.
PART 91--GRANTS FOR CORRECTIONAL FACILITIES
Subpart A--General
Sec.
91.1 Purpose.
91.2 Definitions.
91.3 General eligibility requirements.
91.4 Truth in Sentencing Incentive Grants.
91.5 Violent Offender Incarceration Grants.
91.6 Matching Requirement.
Subpart B--FY 95 Correctional Boot Camp Initiative
91.10 General.
Authority: Section 20105 of Subtitle A, Title II of the Violent
Crime Control and Law Enforcement Act of 1994.
Subpart A--General
Sec. 91.1 Purpose.
The Attorney General, through the Assistant Attorney General for
the Office of Justice Programs, will make grants to states and to
states organized as multi-state compacts to construct, develop, expand,
operate or improve correctional facilities, including boot camp
facilities and other alternative correctional facilities that can free
conventional space for the confinement of violent offenders, to:
(a) Ensure that prison space is available for the confinement of
violent offenders; and
(b) Implement truth in sentencing laws for sentencing violent
offenders.
Sec. 91.2 Definitions.
(a) Violent Offender--[Reserved]
(b) Serious Drug Offense means an offense involving manufacturing,
distributing, or possessing with intent to manufacture or distribute, a
controlled substance [as defined in Section 102 of the Controlled
Substances Act (21 U.S.C. 802)], for which a maximum term of
imprisonment of 10 years or more is prescribed by state law.
(c) Part 1 Violent Crimes means murder and non-negligent
manslaughter, forcible rape, robbery, and aggravated assault as
reported to the Federal Bureau of Investigation for purposes of the
Uniform Crime Reports. If such data is unavailable, Bureau of Justice
Statistics (BJS) publications may be utilized. See, e.g., ``Census of
State and Federal Correctional Facilities, 1990.'' (''Part 1 Violent
Crimes'' are defined here solely as the statutorily prescribed basis
for the formula allocation of funding.)
(d) Recipient means individual states or multi-state compacts
awarded funds under this Part.
(e) 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.
(f) Comprehensive Correctional Plan means a plan which represents
an integrated approach to the management and operation of adult and
juvenile correctional facilities and programs and which includes
diversion programs, particularly drug diversion programs, community
corrections programs, a prisoner screening and security classification
system, appropriate professional training for corrections officers in
dealing with violent offenders, prisoner rehabilitation and treatment
programs, prisoner work activities (including to the extent
practicable, activities relating to the development, expansion,
modification, or improvement of correctional facilities) and job skills
programs, educational programs, a pre-release prisoner assessment to
provide risk reduction management, post-release assistance and an
assessment of recidivism rates.
(g) Correctional facilities includes boot camps and other
alternative correctional facilities for adults or juveniles that can
free conventional bed space for the confinement of violent offenders.
(h) Boot camp means a corrections program for adult or juvenile
offenders of not more than six-months confinement (not including time
in confinement prior to assignment to the boot camp) involving:
(1) Assignment for participation in the program, in conformity with
state law, by prisoners other than prisoners who have been convicted at
any time for a violent felony;
(2) Adherence by inmates to a highly regimented schedule that
involves strict discipline, physical training, and work;
(3) Participation by inmates in appropriate education, job
training, and substance abuse counseling or treatment; and
(4) Post-incarceration aftercare services for participants that are
coordinated with the program carried out during the period of
imprisonment.
(i) Truth in sentencing laws means laws that:
(1) Ensure that violent offenders serve a substantial portion of
sentences imposed;
(2) Are designed to provide sufficiently severe punishment for
violent offenders, including violent juvenile offenders; and
(3) The prison time served is appropriately related to the
determination that the inmate is a violent offender and for a period of
time deemed necessary to protect the public.
Sec. 91.3 General Eligibility Requirements.
(a) Recipients must be individual states, or states organized as
multi-state compacts.
(b) Application Requirements. To be eligible to receive either a
formula or a discretionary grant under Subtitle A, an applicant must
submit an application which includes:
(1) Assurances that the state(s) have implemented, or will
implement, correctional policies and programs, including truth in
sentencing laws. No specific requirements for complying with this
condition are prescribed by this interim rule for fiscal 1995 funding
because of the need for further review of the status of truth in
sentencing laws and the impact and needs requirements relating to
reform in state systems.
(2) Assurances that the state(s) have implemented or will implement
policies that provide for the recognition of the rights and needs of
crime victims.
States are not required to adopt any specific set of victims rights
measures for compliance, but the adoption by a state of measures which
are comparable to or exceed those applied in federal proceedings will
be deemed sufficient compliance for eligibility for funding. If the
state has not adopted victims rights measures which are comparable to
or exceed federal law, the adequacy of compliance will be determined on
a case-by-case basis. States will be afforded a reasonable amount of
time to achieve compliance. States may comply with this condition by
providing recognition of the rights and needs of crime victims in the
following areas:
(i) providing notice to victims concerning case and offender
status;
(ii) providing an opportunity for victims to be present at public
court proceedings in their cases;
(iii) providing victims the opportunity to be heard at sentencing
and parole hearings;
(iv) providing for restitution to victims; and
(v) establishing administrative or other mechanisms to effectuate
these rights.
(3) Assurances that funds received under this section will be used
to construct, develop, expand, operate or improve correctional
facilities to ensure that secure space is available for the confinement
of violent offenders.
(4) Assurances that the state(s) has a comprehensive correctional
plan in accordance with the definition elements in Sec. 91.2. If the
state(s) does not have an adequate comprehensive correctional plan,
technical assistance will be available for compliance. States will be
afforded a reasonable amount of time to develop their plans.
(5) Assurances that the state(s) has involved counties and other
units of local government, when appropriate, in the construction,
development, expansion, modification, operation or improvement of
correctional facilities designed to ensure the incarceration of violent
offenders and that the state(s) will share funds received with counties
and other units of local government, taking into account the burden
placed on these units of government when they are required to confine
sentenced prisoners because of overcrowding in state prison facilities.
(6) Assurances that funds received under this section will be used
to supplement, not supplant, other federal, state, and local funds.
(7) Assurances that the state(s) has implemented, or will implement
within 18 months after the date of the enactment of the Violent Crime
Control and Law Enforcement Act of 1994 (September 13, 1994), policies
to determine the veteran status of inmates and to ensure that
incarcerated veterans receive the veterans benefits to which they are
entitled.
(8) Assurances that correctional facilities will be made accessible
to persons conducting investigations under the Civil Rights of
Institutionalized Persons Act (CRIPA), 42 U.S.C. 1997.
(9) If applicable, documentation of the multi-state compact
agreement that specifies the construction, development, expansion,
modification, operation, or improvement of correctional facilities.
(10) If applicable, a description of the eligibility criteria for
participation in any boot camp that is to be funded.
(c) States, and states organized as multi-state compacts, which can
demonstrate affirmative responses to the assurances outlined above will
be eligible to receive funds.
(d) Each state application for such funds must be accompanied by a
comprehensive correctional plan. The plan shall be developed in
consultation with representatives of appropriate state and local units
of government, shall include both the adult and juvenile correctional
systems, and shall provide an assessment of the state and local
correctional needs, and a long-range implementation strategy for
addressing those needs.
(e) Local units of government, i.e., any city, county, town,
township, borough, parish, village or other general purpose subdivision
of a state, or Indian tribe which performs law enforcement functions as
determined by the secretary of the Interior, are in turn eligible to
receive subgrants from a participating state(s). Such subgrants shall
be made for the purpose(s) of carrying out the implementation strategy,
consistent with state(s) comprehensive correctional plan.
(f) In awarding grants, consideration shall be given to the special
burden placed on states which incarcerate a substantial number of
inmates who are in the United States illegally. States will not be
required to submit additional information on numbers of criminal
aliens. The Bureau of Justice Assistance (BJA) and the Immigration and
Naturalization Service (INS) are currently working together to
implement the State Criminal Alien Assistance Program (SCAAP) to assist
the states with the costs of incarcerating criminal aliens. The Office
of Justice Programs will coordinate with the SCAAP program to obtain
the relevant information.
Sec. 91.4. Truth in Sentencing Incentive Grants.
(a) Half of the total amount of funds appropriated to carry out
Subtitle A for each of the fiscal years 1996, 1997, 1998, 1999 and 2000
will be made available for Truth in Sentencing Incentive Grants.
(b) Eligibility. To be eligible to receive such a grant, a state,
or states organized as multi-state compacts, must meet the requirements
of Sec. 91.3 and must demonstrate that the state(s)--
(1) has in effect laws which require that persons convicted of
violent crimes serve not less than 85% of the sentence imposed; or
(2) Since 1993--
(i) has increased the percentage of convicted violent offenders
sentenced to prison;
(ii) has increased the average prison time which will be served in
prison by convicted violent offenders sentenced to prison;
(iii) has increased the percentage of sentence which will be served
in prison by violent offenders sentenced to prison; and
(iv) has in effect at the time of application laws requiring that a
person who is convicted of a violent crime shall serve not less than
85% of the sentence imposed if--
(A) the person has been convicted on 1 or more prior occasions in a
court of the United States or of a state of a violent crime or a
serious drug offense; and
(B) each violent crime or serious drug offense was committed after
the defendant's conviction of the preceding violent crime or serious
drug offense.
(c) Formula Allocation. The amount available to carry out this
section for any fiscal year will be allocated to each eligible state in
the ratio that the number of Part 1 violent crimes reported by such
state to the Federal Bureau of Investigation for 1993 bears to the
number of Part 1 violent crimes reported by all states to the Federal
Bureau of Investigation for 1993.
(d) Transfer of Unused Funds. On September 30 of each fiscal years
1996, 1998, 1999 and 2000, the Attorney General will transfer to the
funds to be allocated under the Violent Offender Incarceration Grant
formula allocation (section 91.5) any funds made available to carry out
this section that are not allocated to an eligible state under
paragraph (b) of this section.
Sec. 91.5 Violent Offender Incarceration Grants.
(a) Half of the total amount of funds appropriated to carry out
this subtitle for each of fiscal years 1996, 1997, 1998, 1999 and 2000
will be made available for Violent Offender Incarceration Grants.
(b) Eligibility. To be eligible to receive such a grant, a state,
or states organized as multi-state compacts, must meet the requirements
of section 91.3(b).
(c) Allocation of Violent Offender Incarceration Funds--
(1) Formula Allocation. 85% of the sum of the amount available for
grants under this section for any fiscal year and any amount
transferred as described in section 91.4(c) for that fiscal year will
be allocated as follows:
(i) 0.25% will be allocated to each eligible state except that the
United States Virgin Islands, American Samoa, Guam and the Northern
Mariana Islands shall each be allocated 0.05%.
(ii) The amount remaining after application of paragraph (c)(1)(i)
of this section will be allocated to each eligible state in the ratio
that the number of Part 1 violent crimes reported by such state to the
Federal Bureau of Investigation for 1993 bears to the number of Part 1
violent crimes reported by all states to the Federal Bureau of
Investigation for 1993.
(2) Discretionary Allocation. Fifteen percent of the sum of the
amount available for Violent Offender Incarceration Grants for any
fiscal year under this subsection and any amount transferred as
described in Sec. 91.4(c) for that fiscal year will be allocated at the
discretion of the Assistant Attorney General for OJP to states that
have demonstrated:
(i) the greatest need for such grants, and
(ii) the ability to best utilize the funds to meet the objectives
of the grant program and ensure that secure cell space is available for
the confinement of violent offenders.
(d) Transfer of Unused Funds. On September 30 of each fiscal years
1996, 1997, 1998, 1999 and 2000, the Assistant Attorney General will
transfer to the discretionary program under paragraph (c)(2) of this
section any funds made available under paragraph (c)(1) of this section
that are not allocated to an eligible state under paragraph (c)(1) of
this section.
Sec. 91.6 Matching Requirement.
(a) The federal share of a grant received under this subtitle may
not exceed 75 percent of the costs of a proposal described in an
application approved under this subtitle. The matching requirement can
only be met through a hard cash match, and must be satisfied by the end
of the project period. A certification to that effect will be required
of each recipient of grant funds and must be submitted to the Office of
Justice Programs with the application.
Subpart B--FY 95 Correctional Boot Camp Initiative
Sec. 91.10 General.
(a) Scope of Boot Camp Program. Funding is appropriated in fiscal
year 1995 to provide grants to states and multi-state compacts to plan,
develop, construct and expand correctional boot camps for adults and
juveniles.
(b) Adult and juvenile boot camps, referred to as ``correctional
boot camps,'' are programs that ``provide a structured environment for
delivering non-traditional corrections programs to criminal
offenders.''
(c) With respect to this program, the mandates of the Juvenile
Justice and Delinquency Prevention Act (42 U.S.C. Sec. 5601 et seq.)
shall apply.
(d) Eligibility. (1) Funding is available for both adult and
juvenile boot camps. To be eligible for the funding of boot camps,
states must comply with the general assurances in Sec. 91.3(b) or
demonstrate steps taken toward compliance. While the majority of
assurances are applicable to the adult correctional system, those
states applying for grants for juvenile boot camps must include the
juvenile system in the state comprehensive correctional plan and
demonstrate how construction of the boot camp will make secure space
available to house violent juvenile offenders.
(2) For purposes of the FY '95 boot camp program, a ``violent
felony'' means any crime punishable by imprisonment for a term
exceeding one year, or an act of juvenile delinquency that would be
punishable by imprisonment for such term if committed by an adult,
that:
(i) involves the use or attempted use of a firearm or other
dangerous weapon against another person, or
(ii) results in death or serious bodily injury to another person.
(3) States must document that the boot camp program does not
involve more than six-months confinement (not including confinement
prior to assignment to the boot camp) and includes:
(i) assignment for participation in the program, in conformity with
state law, by prisoners other than prisoners who have been convicted at
any time of a violent felony;
(ii) adherence by inmates to a highly regimented schedule that
involves strict discipline, physical training and work;
(iii) participation by inmates in appropriate education, job
training, and substance abuse counseling or treatment; and
(iv) post-incarceration aftercare services for participants that
are coordinated with the program carried out during the period of
imprisonment.
(4) States must provide assurances that boot camp construction will
free up secure institutional bed space for violent offenders.
(e) Evaluation. (1) Recipients will be required to cooperate with a
national evaluation team throughout the planning and implementation
process. Recipients are also strongly encouraged to provide for an
independent evaluation of the impact and effectiveness of the funded
program.
(2) Jurisdictions are strongly encouraged to engage in systematic
planning activities and to develop and evaluate boot camps as part of a
comprehensive and integrated correctional plan.
(f) Limitation on funds. Grant funds cannot be used for operating
costs. States will be required to show how operating expenses will be
provided.
(g) Matching Requirement. The federal share of a grant received may
not exceed 75 percent of the costs of the proposed boot camp program
described in the appoved application. The matching requirement can only
be met through a hard cash match, and must be satisfied by the end of
the project period; facility operating expenses may not be used to meet
the match requirement for the construction project supported. Match may
be made through grantee contribution of construction-related costs. A
certification to that effect will be required of each recipient of
grant funds.
(h) Innovative Boot Camp Programs. Jurisdictions are encouraged to
explore the development of ``innovative'' boot camp programs which
incorporate principles based on the accumulation of research and
practical experience, and reflect sound and effective correctional
practice.
Laurie Robinson,
Assistant Attorney General, Office of Justice Programs
[FR Doc. 94-29963 Filed 12-6-94; 8:45 am]
BILLING CODE 4410-18-P
