SUBCHAPTER I—PRISONS
Part A—Violent Offender Incarceration and Truth in Sentencing Incentive Grants
§13701. Grants for correctional facilities
(a) Grant authorization
The Attorney General may make grants to individual States and to States organized as multi-State compacts to construct, develop, expand, modify, operate, or improve correctional facilities, including boot camp facilities and other alternative correctional facilities that can free conventional prison space for the confinement of violent offenders, to ensure that prison cell space is available for the confinement of violent offenders and to implement truth in sentencing laws for sentencing violent offenders.
(b) Eligibility
To be eligible to receive a grant under this part, a State or States organized as multi-State compacts shall submit an application to the Attorney General which includes—
(1) assurances that the State or States have implemented, or will implement, correctional policies and programs, including truth in sentencing laws that ensure that violent offenders serve a substantial portion of the sentences imposed, that are designed to provide sufficiently severe punishment for violent offenders, including violent juvenile offenders, and that 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;
(2) assurances that the State or States have implemented policies that provide for the recognition of the rights and needs of crime victims;
(3) assurances that funds received under this section will be used to construct, develop, expand, modify, operate, or improve correctional facilities to ensure that prison cell space is available for the confinement of violent offenders;
(4) assurances that the State or States have a comprehensive correctional plan which represents an integrated approach to the management and operation of 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;
(5) assurances that the State or States have 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 or States will share funds received under this section 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 or States have implemented, or will implement within 18 months after 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) if applicable, documentation of the multi-State compact agreement that specifies the construction, development, expansion, modification, operation, or improvement of correctional facilities; and
(9) if applicable, a description of the eligibility criteria for prisoner participation in any boot camp that is to be funded.
(c) Consideration
The Attorney General, in making such grants, shall give consideration to the special burden placed on States which incarcerate a substantial number of inmates who are in the United States illegally.
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Short Title
Section 1 of
Section 31101 of title III of
Section 31901 of title III of
Section 40001 of title IV of
Section 40101 of title IV of
Section 40201 of title IV of
Section 40301 of title IV of
Section 40401 of title IV of
Section 200101 of title XX of
Section 200201 of title XX of
Section 210301 of title XXI of
Section 220001 of title XXII of
Section Referred to in Other Sections
This section is referred to in
§13702. Truth in Sentencing Incentive Grants
(a) Truth in Sentencing Grant program
Fifty percent of the total amount of funds appropriated to carry out this part for each of fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 shall be made available for Truth in Sentencing Incentive Grants. To be eligible to receive such a grant, a State must meet the requirements of
(1) has in effect laws which require that persons convicted of violent crimes serve not less than 85 percent of the sentence imposed; or
(2) since 1993—
(A) has increased the percentage of convicted violent offenders sentenced to prison;
(B) has increased the average prison time which will be served in prison by convicted violent offenders sentenced to prison;
(C) has increased the percentage of sentence which will be served in prison by violent offenders sentenced to prison; and
(D) 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 percent of the sentence imposed if—
(i) 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
(ii) each violent crime or serious drug offense was committed after the defendant's conviction of the preceding violent crime or serious drug offense.
(b) Allocation of Truth in Sentencing Incentive funds
(1) Formula allocation
The amount available to carry out this section for any fiscal year under subsection (a) of this section shall 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) Transfer of unused funds
On September 30 of each of fiscal years 1996, 1998, 1999, and 2000, the Attorney General shall transfer to the funds to be allocated under
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Section Referred to in Other Sections
This section is referred to in
§13703. Violent Offender Incarceration Grants
(a) Violent Offender Incarceration Grant program
Fifty percent of the total amount of funds appropriated to carry out this part for each of fiscal years 1995, 1996, 1997, 1998, 1999, and 2000 shall be made available for Violent Offender Incarceration Grants. To be eligible to receive such a grant, a State or States must meet the requirements of
(b) Allocation of Violent Offender Incarceration funds
(1) Formula allocation
Eighty-five percent of the sum of the amount available for Violent Offender Incarceration Grants for any fiscal year under subsection (a) of this section and any amount transferred under
(A) 0.25 percent shall be allocated to each eligible State except that the United States Virgin Islands, American Samoa, Guam and the Northern Mariana Islands each shall be allocated 0.05 percent.
(B) The amount remaining after application of subparagraph (A) shall 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 subsection (a) of this section and any amount transferred under paragraph (3) for that fiscal year shall be allocated at the discretion of the Attorney General to States that have demonstrated the greatest need for such grants and the ability to best utilize the funds to meet the objectives of the grant program and ensure that prison cell space is available for the confinement of violent offenders.
(3) Transfer of unused formula funds
On September 30 of each of fiscal years 1996, 1997, 1998, 1999, and 2000, the Attorney General shall transfer to the discretionary program under paragraph (2) any funds made available for allocation under paragraph (1) that are not allocated to an eligible State under paragraph (1).
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Section Referred to in Other Sections
This section is referred to in
§13704. Matching requirement
The Federal share of a grant received under this part may not exceed 75 percent of the costs of a proposal described in an application approved under this part.
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Section Referred to in Other Sections
This section is referred to in
§13705. Rules and regulations
(a) The Attorney General shall issue rules and regulations regarding the uses of grant funds received under this part not later than 90 days after September 13, 1994.
(b) If data regarding part 1 violent crimes in any State for 1993 is unavailable or substantially inaccurate, the Attorney General shall utilize the best available comparable data regarding the number of violent crimes for 1993 for that State for the purposes of allocation of any funds under this part.
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Section Referred to in Other Sections
This section is referred to in
§13706. Technical assistance and training
The Attorney General may request that the Director of the National Institute of Corrections and the Director of the Federal Bureau of Prisons provide technical assistance and training to a State or States that receive a grant under this part to achieve the purposes of this part.
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Section Referred to in Other Sections
This section is referred to in
§13707. Evaluation
The Attorney General may request the Director of the National Institute of Corrections to assist with an evaluation of programs established with funds under this part.
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Section Referred to in Other Sections
This section is referred to in
§13708. Definitions
In this part—
"boot camp" means a correctional program of not more than 6 months' incarceration involving—
(A) 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;
(B) adherence by inmates to a highly regimented schedule that involves strict discipline, physical training, and work;
(C) participation by inmates in appropriate education, job training, and substance abuse counseling or treatment; and
(D) post-incarceration aftercare services for participants that are coordinated with the program carried out during the period of imprisonment.
"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.
"State" or "States" 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.
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Section Referred to in Other Sections
This section is referred to in
§13709. Authorization of appropriations
There are authorized to be appropriated to carry out this part—
(1) $175,000,000 for fiscal year 1995;
(2) $750,000,000 for fiscal year 1996;
(3) $1,000,000,000 for fiscal year 1997;
(4) $1,900,000,000 for fiscal year 1998;
(5) $2,000,000,000 for fiscal year 1999; and
(6) $2,070,000,000 for fiscal year 2000.
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Section Referred to in Other Sections
This section is referred to in
Part B—Miscellaneous Provisions
§13721. Task force on prison construction standardization and techniques
(a) Task force
The Director of the National Institute of Corrections shall, subject to availability of appropriations, establish a task force composed of Federal, State, and local officials expert in prison construction, and of at least an equal number of engineers, architects, and construction experts from the private sector with expertise in prison design and construction, including the use of cost-cutting construction standardization techniques and cost-cutting new building materials and technologies.
(b) Cooperation
The task force shall work in close cooperation and communication with other State and local officials responsible for prison construction in their localities.
(c) Performance requirements
The task force shall work to—
(1) establish and recommend standardized construction plans and techniques for prison and prison component construction; and
(2) evaluate and recommend new construction technologies, techniques, and materials,
to reduce prison construction costs at the Federal, State, and local levels and make such construction more efficient.
(d) Dissemination
The task force shall disseminate information described in subsection (c) of this section to State and local officials involved in prison construction, through written reports and meetings.
(e) Promotion and evaluation
The task force shall—
(1) work to promote the implementation of cost-saving efforts at the Federal, State, and local levels;
(2) evaluate and advise on the results and effectiveness of such cost-saving efforts as adopted, broadly disseminating information on the results; and
(3) to the extent feasible, certify the effectiveness of the cost-savings efforts.
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§13722. Efficiency in law enforcement and corrections
(a) In general
In the administration of each grant program funded by appropriations authorized by this Act or by an amendment made by this Act, the Attorney General shall encourage—
(1) innovative methods for the low-cost construction of facilities to be constructed, converted, or expanded and the low-cost operation of such facilities and the reduction of administrative costs and overhead expenses; and
(2) the use of surplus Federal property.
(b) Assessment of construction components and designs
The Attorney General may make an assessment of the cost efficiency and utility of using modular, prefabricated, precast, and pre-engineered construction components and designs for housing nonviolent criminals.
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References in Text
This Act, referred to in subsec. (a), is
§13723. Congressional approval of any expansion at Lorton and congressional hearings on future needs
(a) Congressional approval
Notwithstanding any other provision of law, the existing prison facilities and complex at the District of Columbia Corrections Facility at Lorton, Virginia, shall not be expanded unless such expansion has been approved by the Congress under the authority provided to Congress in section 446 of the District of Columbia Self-Government and Governmental Reorganization Act [D.C. Code, §47–304].
(b) Senate hearings
The Senate directs the Subcommittee on the District of Columbia of the Committee on Appropriations of the Senate to conduct hearings regarding expansion of the prison complex in Lorton, Virginia, prior to any approval granted pursuant to subsection (a) of this section. The subcommittee shall permit interested parties, including appropriate officials from the County of Fairfax, Virginia, to testify at such hearings.
(c) "Expanded" and "expansion" defined
For purposes of this section, the terms "expanded" and "expansion" mean any alteration of the physical structure of the prison complex that is made to increase the number of inmates incarcerated at the prison.
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References in Text
Section 446 of the District of Columbia Self-Government and Governmental Reorganization Act, referred to in subsec. (a), is section 446 of
§13724. Conversion of closed military installations into Federal prison facilities
(a) Study of suitable bases
The Secretary of Defense and the Attorney General shall jointly conduct a study of all military installations selected before September 13, 1994, to be closed pursuant to a base closure law for the purpose of evaluating the suitability of any of these installations, or portions of these installations, for conversion into Federal prison facilities. As part of the study, the Secretary and the Attorney General shall identify the military installations so evaluated that are most suitable for conversion into Federal prison facilities.
(b) Suitability for conversion
In evaluating the suitability of a military installation for conversion into a Federal prison facility, the Secretary of Defense and the Attorney General shall consider the estimated cost to convert the installation into a prison facility and such other factors as the Secretary and the Attorney General consider to be appropriate.
(c) Time for study
The study required by subsection (a) of this section shall be completed not later than the date that is 180 days after September 13, 1994.
(d) Construction of Federal prisons
(1) In general
In determining where to locate any new Federal prison facility, and in accordance with the Department of Justice's duty to review and identify a use for any portion of an installation closed pursuant to title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
(A) consider whether using any portion of a military installation closed or scheduled to be closed in the region pursuant to a base closure law provides a cost-effective alternative to the purchase of real property or construction of new prison facilities;
(B) consider whether such use is consistent with a reutilization and redevelopment plan; and
(C) give consideration to any installation located in a rural area the closure of which will have a substantial adverse impact on the economy of the local communities and on the ability of the communities to sustain an economic recovery from such closure.
(2) Consent
With regard to paragraph (1)(B), consent must be obtained from the local re-use authority for the military installation, recognized and funded by the Secretary of Defense, before the Attorney General may proceed with plans for the design or construction of a prison at the installation.
(3) Report on basis of decision
Before proceeding with plans for the design or construction of a Federal prison, the Attorney General shall submit to Congress a report explaining the basis of the decision on where to locate the new prison facility.
(4) Report on cost-effectiveness
If the Attorney General decides not to utilize any portion of a closed military installation or an installation scheduled to be closed for locating a prison, the report shall include an analysis of why installations in the region, the use of which as a prison would be consistent with a reutilization and redevelopment plan, does not provide a cost-effective alternative to the purchase of real property or construction of new prison facilities.
(e) "Base closure law" defined
In this section, "base closure law" means—
(1) the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of
(2) title II of the Defense Authorization Amendments and Base Closure and Realignment Act (
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References in Text
The Defense Authorization Amendments and Base Closure and Realignment Act, referred to in subsecs. (d)(1) and (e)(2), is
The Defense Base Closure and Realignment Act of 1990, referred to in subsecs. (d)(1) and (e)(1), is part A of title XXIX of div. B of
§13725. Correctional job training and placement
(a) Purpose
It is the purpose of this section to encourage and support job training programs, and job placement programs, that provide services to incarcerated persons or ex-offenders.
(b) Definitions
As used in this section:
(1) Correctional institution
The term "correctional institution" means any prison, jail, reformatory, work farm, detention center, or halfway house, or any other similar institution designed for the confinement or rehabilitation of criminal offenders.
(2) Correctional job training or placement program
The term "correctional job training or placement program" means an activity that provides job training or job placement services to incarcerated persons or ex-offenders, or that assists incarcerated persons or ex-offenders in obtaining such services.
(3) Ex-offender
The term "ex-offender" means any individual who has been sentenced to a term of probation by a Federal or State court, or who has been released from a Federal, State, or local correctional institution.
(4) Incarcerated person
The term "incarcerated person" means any individual incarcerated in a Federal or State correctional institution who is charged with or convicted of any criminal offense.
(c) Establishment of Office
(1) In general
The Attorney General shall establish within the Department of Justice an Office of Correctional Job Training and Placement. The Office shall be headed by a Director, who shall be appointed by the Attorney General.
(2) Timing
The Attorney General shall carry out this subsection not later than 6 months after September 13, 1994.
(d) Functions of Office
The Attorney General, acting through the Director of the Office of Correctional Job Training and Placement, in consultation with the Secretary of Labor, shall—
(1) assist in coordinating the activities of the Federal Bonding Program of the Department of Labor, the activities of the Department of Labor related to the certification of eligibility for targeted jobs credits under
(2) provide technical assistance to State and local employment and training agencies that—
(A) receive financial assistance under this Act; or
(B) receive financial assistance through other programs carried out by the Department of Justice or Department of Labor, for activities related to the development of employability;
(3) prepare and implement the use of special staff training materials, and methods, for developing the staff competencies needed by State and local agencies to assist incarcerated persons and ex-offenders in gaining marketable occupational skills and job placement;
(4) prepare and submit to Congress an annual report on the activities of the Office of Correctional Job Training and Placement, and the status of correctional job training or placement programs in the United States;
(5) cooperate with other Federal agencies carrying out correctional job training or placement programs to ensure coordination of such programs throughout the United States;
(6) consult with, and provide outreach to—
(A) State job training coordinating councils, administrative entities, and private industry councils, with respect to programs carried out under this Act; and
(B) other State and local officials, with respect to other employment or training programs carried out by the Department of Justice or Department of Labor;
(7) collect from States information on the training accomplishments and employment outcomes of a sample of incarcerated persons and ex-offenders who were served by employment or training programs carried out, or that receive financial assistance through programs carried out, by the Department of Justice or Department of Labor; and
(8)(A) collect from States and local governments information on the development and implementation of correctional job training or placement programs; and
(B) disseminate such information, as appropriate.
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References in Text
This Act, referred to in subsec. (d)(2)(A), (6)(A), is