I

103D CONGRESS

1ST SESSION H. R. 2899

To require each State to undertake a comprehensive examination of the

State’s criminal sentencing practices and to adopt a sentencing system

consistent with that review and to help fund additional space in State

prison programs as needed.

IN THE HOUSE OF REPRESENTATIVES

AUGUST 5, 1993

Mr. ROYCE introduced the following bill; which was referred to the Committee

on the Judiciary

A BILL

To require each State to undertake a comprehensive examination of the State’s criminal sentencing practices and

to adopt a sentencing system consistent with that review

and to help fund additional space in State prison programs as needed.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Violent and Repeat

5 Offender Accountability Act of 1993’’.

6 SEC. 2. FINDINGS AND PURPOSE.

7 (a) FINDINGS.—The Congress finds that—
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1 (1) it is the responsibility of the Federal Gov2 ernment to provide States help in certain areas, in3 cluding efforts to reduce violent crime;

4 (2) Federal legislation relating to criminal jus5 tice, including the Racketeer Influenced and Corrupt

6 Organizations Act (‘‘RICO’’) and the Federal Sen7 tencing Guidelines, has been very effective in dealing

8 with crimes to which the legislation applies;

9 (3) the responsibility for protecting citizens

10 against most violent crimes and for punishing most

11 violent criminal offenders is primarily a matter of

12 State and local governance;

13 (4) violent crimes nationwide have risen dra14 matically and constitute a national priority of the

15 highest order;

16 (5) the persistence and increasing incidence of

17 violent crime, despite the efforts of State and local

18 governments, has resulted in a vastly increased Fed19 eral role in this area, and there is pressure for even

20 greater Federal involvement in criminal matters tra21 ditionally handled by State and local governments;

22 (6) the Federal courts especially have become

23 overburdened with criminal matters more properly

24 handled by State and local governments;
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1 (7) a major impetus for this increased Federal

2 role in combating violent crime is the lack of effec3 tive tools with which State and local governments

4 can prosecute violent criminal offenders;

5 (8) a more uniform, proportionate, and appro6 priately punitive system of sentencing for violent

7 criminal offenders would serve both to reduce the in8 cidence of violent crime and to reduce the need for

9 direct Federal involvement in criminal matters tradi10 tionally handled by State and local governments;

11 (9) a more appropriate and effective role for the

12 Federal Government in the struggle against most

13 violent crime is to encourage each State to take the

14 steps necessary to reduce crime in such State which

15 would also reduce the national crime rate;

16 (10) the United States Sentencing Guidelines

17 have proven to be an effective means of achieving,

18 at the Federal level, a more uniform, proportionate,

19 and appropriately punitive criminal sentencing sys20 tem; and

21 (11) each State should be required to analyze

22 its criminal sentencing system and to consider

23 whether the adoption of a revised sentencing system

24 would enable it to combat violent crime more effec25 tively.
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1 (b) PURPOSES.—The purposes of this Act are—

2 (1) to require each State to undertake a com3 prehensive examination of the State’s criminal sen4 tencing scheme and to create a sentencing system

5 which more effectively governs the sentencing of vio6 lent offenders; and

7 (2) to provide funds to States that comply with

8 the requirements of section 5(b) to implement nec9 essary changes to the State criminal sentencing sys10 tem, including increasing the capacity of State cor11 rectional facilities if necessary.

12 SEC. 3. DEFINITION.

13 For the purpose of this Act, the term ‘‘State’’ means

14 any State of the United States.

15 SEC. 4. STATE SENTENCING REVIEWS.

16 (a) IN GENERAL.—Each State, in order to be eligible

17 for funds under this Act, must conduct a systematic re18 view of its criminal sentencing laws and practices.

19 (b) STATE SENTENCING REVIEWS.—Not later than

20 one year after the date of enactment of this Act, the gov21 ernment of each State shall submit to the Attorney Gen22 eral a report detailing the results of the State’s review of

23 its criminal sentencing system. The report also shall in24 clude the following:
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1 (1) An analysis of the State statutory criminal

2 sentencing scheme, including information regarding

3 murder (all degrees), arson, burglary, assault, rob4 bery, kidnapping, extortion, rape, and child molesta5 tion. This analysis should include—

6 (A) the minimum and maximum sentence

7 available for each offense;

8 (B) the basis for distinguishing between

9 different degrees of the same offense;

10 (C) whether factors in addition to the ac11 tual crime (such as criminal history, victim im12 pact, or use of a weapon) should be considered

13 by the sentencing authority; and

14 (D) whether probation or some other non15 custodial alternatives to incarceration are a sen16 tencing option.

17 (2) An analysis of the sentences actually im18 posed by State court judges for the crimes listed in

19 paragraph (1).

20 (3) An analysis of the time which has actually

21 been served for the conviction of crimes listed in

22 paragraph (1).

23 (4) An analysis of the practices and procedures

24 of the State relating to probation, parole, and other

25 alternatives to incarceration, with particular empha-
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1 sis on crimes which have been committed by con2 victed criminals while on parole or probation or oth3 erwise not incarcerated.

4 (5) An analysis of whether the State sentencing

5 system permits or requires the sentencing authority

6 to order convicted criminals to pay restitution to the

7 victim, the victim’s family, or the State, and the per8 centage of restitution orders which are actually col9 lected.

10 (6) An analysis of whether and under what cir11 cumstances State law permits the pretrial detention

12 without bond of dangerous offenders.

13 (7) An analysis of whether and under what cir14 cumstances State law gives victims the right to be

15 informed, present, and heard at all critical stages of

16 a case from arrest through parole.

17 (8) An analysis of whether and how State law

18 establishes post conviction relief procedures which

19 limit repetitive challenges by convicted offenders.

20 (9) An analysis of State law regarding the ap21 plication of adult sentencing laws to juvenile offend22 ers charged with the crimes listed in section 4(b)(1)

23 of this Act.

24 (10) An analysis of the State prison capacity

25 and whether court orders limit, or otherwise impact
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1 such capacity and whether a lack of capacity im2 pacts sentencing or release decisions at the judicial

3 or administrative level.

4 SEC. 5. STATE SENTENCING SYSTEMS.

5 (a) IN GENERAL.—Each State, in order to comply

6 with this Act, must submit for approval a plan to the At7 torney General that evaluates the criminal sentencing sys8 tem and, if necessary, creates a sentencing system which

9 complies with the requirements of subsection (b).

10 (b) STATE SENTENCING SYSTEM.—In addition to re11 sponding to the reporting requirement of section 4(b) of

12 this Act, the State, in a subsequent report to the Attorney

13 General, shall describe in detail any changes in the State’s

14 criminal sentencing system designed to meet the require15 ments of this Act. The elements of a sentencing system

16 that the States must have in order to be in compliance

17 with this Act shall include at least the following:

18 (1) State constitutional or statutory authority

19 for pretrial detention of dangerous criminals.

20 (2) Mandatory minimum prison sentences,

21 which do not allow probation or suspension of sen22 tence, for violent offenders or repeat offenders

23 who—

24 (A) intentionally or knowingly inflict seri25 ous physical injury;
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1 (B) use or exhibit deadly weapons in the

2 commission of the crimes listed in section

3 4(b)(1) of this Act.

4 (C) commit violent or sexual offenses

5 against children; and

6 (D) commit sexual assault.

7 (3) Mandatory life sentence with no release for

8 third or subsequent conviction of violent crime.

9 (4) Truth in sentencing provisions which re10 strict parole, good-time credit release for violent of11 fenders, or other forms of early release to not more

12 than a total reduction of 15 percent of the sentence

13 imposed.

14 (5) State constitutional or statutory provisions

15 which guarantee to victims the right to be informed,

16 present, and heard at all critical stages of the crimi17 nal case, and provisions to ensure the collection,

18 tracking, and enforcement of restitution from the of19 fender in all cases involving economic loss to the vic20 tim.

21 SEC. 6. FUNDING AND COMPLIANCE.

22 (a) FUNDING.—There shall be available to carry out

23 the purposes of this Act, for fiscal year 1994, $1,000,000;

24 for fiscal year 1995, $1,500,000; for fiscal year 1996,

25 $2,000,000; for fiscal year 1997, $2,500,000; and for fis-
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1 cal year 1998, $3,000,000; from amounts appropriated for

2 foreign operations during such fiscal years (specifically

3 from the amounts allocated for the Multilateral Develop4 ment Banks, the International Development Association,

5 the Agency for International Development, Public Law

6 83–480, and the Export-Import Development Bank) and

7 from amounts appropriated from Federal land purchases

8 and from amounts appropriated for trade promotion ac9 tivities and travel and tourism activities.

10 (b) FEDERAL SHARE.—The Federal share of a grant

11 made under this Act may not exceed 50 percent of the

12 total costs of the projects which receive funds under this

13 Act.

14 (c) COMPLIANCE.—Beginning 3 years after the date

15 of enactment of this Act, the Attorney General shall elimi16 nate funding to a State that does not comply with the

17 requirements of this Act.

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