Union Calendar No. 172

103D CONGRESS

1ST SESSION H. R. 3351

[Report No. 103–321]

A BILL

To amend the Omnibus Crime Control and Safe

incarceration and probation.ment for young offenders to traditional forms ofpose of developing alternative methods of punishStreets Act of 1968 to allow grants for the purNOVEMBER 3, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 172

103D CONGRESS

1ST SESSION H. R. 3351

[Report No. 103–321]

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to

allow grants for the purpose of developing alternative methods of punishment for young offenders to traditional forms of incarceration and probation.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 26, 1993

Mr. BROOKS (for himself and Mr. SCHUMER) introduced the following bill;

which was referred to the Committee on the Judiciary

NOVEMBER 3, 1993

Additional sponsors: Mr. HUGHES and Mr. MCHALE

NOVEMBER 3, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on October 26, 1993]

A BILL

To amend the Omnibus Crime Control and Safe Streets

Act of 1968 to allow grants for the purpose of developing

alternative methods of punishment for young offenders

to traditional forms of incarceration and probation.
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1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. CERTAINTY OF PUNISHMENT FOR YOUNG OF4 FENDERS.

5 (a) IN GENERAL.—Title I of the Omnibus Crime Con6 trol and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),

7 is amended—

8 (1) by redesignating part Q as part R;

9 (2) by redesignating section 1701 as section

10 1801; and

11 (3) by inserting after part P the following:

12 ‘‘PART Q—ALTERNATIVE PUNISHMENTS FOR

13 YOUNG OFFENDERS

14 ‘‘SEC. 1701. GRANT AUTHORIZATION.

15 ‘‘(a) IN GENERAL.—The Director of the Bureau of Jus16 tice Assistance (referred to in this part as the ‘Director’)

17 may make grants under this part to States, for the use by

18 States and units of local government in the States, for the

19 purpose of developing alternative methods of punishment for

20 young offenders to traditional forms of incarceration and

21 probation.

22 ‘‘(b) ALTERNATIVE METHODS.—The alternative meth23 ods of punishment referred to in subsection (a) should en24 sure certainty of punishment for young offenders and pro25 mote reduced recidivism, crime prevention, and assistance
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1 to victims, particularly for young offenders who can be pun2 ished more effectively in an environment other than a tradi3 tional correctional facility, including—

4 ‘‘(1) alternative sanctions that create account5 ability and certainty of punishment for young offend6 ers;

7 ‘‘(2) boot camp prison programs;

8 ‘‘(3) technical training and support for the im9 plementation and maintenance of State and local res10 titution programs for young offenders;

11 ‘‘(4) innovative projects;

12 ‘‘(5) correctional options, such as community13 based incarceration, weekend incarceration, and elec14 tronic monitoring of offenders;

15 ‘‘(6) community service programs that provide

16 work service placement for young offenders at non17 profit, private organizations and community organi18 zations;

19 ‘‘(7) demonstration restitution projects that are

20 evaluated for effectiveness; and

21 ‘‘(8) innovative methods that address the prob22 lems of young offenders convicted of serious substance

23 abuse (including alcohol abuse, and gang-related of24 fenses), including technical assistance and training to

25 counsel and treat such offenders.
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1 ‘‘SEC. 1702. STATE APPLICATIONS.

2 ‘‘(a) IN GENERAL.—(1) To request a grant under this

3 part, the chief executive of a State shall submit an applica4 tion to the Director in such form and containing such infor5 mation as the Director may reasonably require.

6 ‘‘(2) Such application shall include assurances that

7 Federal funds received under this part shall be used to sup8 plement, not supplant, non-Federal funds that would other9 wise be available for activities funded under this part.

10 ‘‘(b) STATE OFFICE.—The office designated under sec11 tion 507 of this title—

12 ‘‘(1) shall prepare the application as required

13 under subsection (a); and

14 ‘‘(2) shall administer grant funds received under

15 this part, including review of spending, processing,

16 progress, financial reporting, technical assistance,

17 grant adjustments, accounting, auditing, and fund

18 disbursement.

19 ‘‘SEC. 1703. REVIEW OF STATE APPLICATIONS.

20 ‘‘(a) IN GENERAL.—The Director, in consultation with

21 the Director of the National Institute of Corrections, shall

22 make a grant under section 1701(a) to carry out the

23 projects described in the application submitted by such ap24 plicant under section 1702 upon determining that—

25 ‘‘(1) the application is consistent with the re26 quirements of this part; and
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1 ‘‘(2) before the approval of the application, the

2 Director has made an affirmative finding in writing

3 that the proposed project has been reviewed in accord4 ance with this part.

5 ‘‘(b) APPROVAL.—Each application submitted under

6 section 1702 shall be considered approved, in whole or in

7 part, by the Director not later than 45 days after first re8 ceived unless the Director informs the applicant of specific

9 reasons for disapproval.

10 ‘‘(c) RESTRICTION.—Grant funds received under this

11 part shall not be used for land acquisition or construction

12 projects, other than alternative facilities described in section

13 1701(b).

14 ‘‘(d) DISAPPROVAL NOTICE AND RECONSIDERATION.—

15 The Director shall not disapprove any application without

16 first affording the applicant reasonable notice and an op17 portunity for reconsideration.

18 ‘‘SEC. 1704. LOCAL APPLICATIONS.

19 ‘‘(a) IN GENERAL.—(1) To request funds under this

20 part from a State, the chief executive of a unit of local gov21 ernment shall submit an application to the office designated

22 under section 1701(b).

23 ‘‘(2) Such application shall be considered approved, in

24 whole or in part, by the State not later than 45 days after
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1 such application is first received unless the State informs

2 the applicant in writing of specific reasons for disapproval.

3 ‘‘(3) The State shall not disapprove any application

4 submitted to the State without first affording the applicant

5 reasonable notice and an opportunity for reconsideration.

6 ‘‘(4) If such application is approved, the unit of local

7 government is eligible to receive such funds.

8 ‘‘(b) DISTRIBUTION TO UNITS OF LOCAL GOVERN9 MENT.—A State that receives funds under section 1701 in

10 a fiscal year shall make such funds available to units of

11 local government with an application that has been submit12 ted and approved by the State within 45 days after the Di13 rector has approved the application submitted by the State

14 and has made funds available to the State. The Director

15 shall have the authority to waive the 45-day requirement

16 in this section upon a finding that the State is unable to

17 satisfy such requirement under State statutes.

18 ‘‘SEC. 1705. ALLOCATION AND DISTRIBUTION OF FUNDS.

19 ‘‘(a) STATE DISTRIBUTION.—Of the total amount ap20 propriated under this part in any fiscal year—

21 ‘‘(1) 0.4 percent shall be allocated to each of the

22 participating States; and

23 ‘‘(2) of the total funds remaining after the allo24 cation under paragraph (1), there shall be allocated

25 to each of the participating States an amount which
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1 bears the same ratio to the amount of remaining

2 funds described in this paragraph as the number of

3 young offenders of such State bears to the number of

4 young offenders in all the participating States.

5 ‘‘(b) LOCAL DISTRIBUTION.—(1) A State that receives

6 funds under this part in a fiscal year shall distribute to

7 units of local government in such State for the purposes

8 specified under section 1701 that portion of such funds

9 which bears the same ratio to the aggregate amount of such

10 funds as the amount of funds expended by all units of local

11 government for correctional programs in the preceding fis12 cal year bears to the aggregate amount of funds expended

13 by the State and all units of local government in such State

14 for correctional programs in such preceding fiscal year.

15 ‘‘(2) Any funds not distributed to units of local govern16 ment under paragraph (1) shall be available for expenditure

17 by such State for purposes specified under section 1701.

18 ‘‘(3) If the Director determines, on the basis of infor19 mation available during any fiscal year, that a portion of

20 the funds allocated to a State for such fiscal year will not

21 be used by such State or that a State is not eligible to re22 ceive funds under section 1701, the Director shall award

23 such funds to units of local government in such State giving

24 priority to the units of local government that the Director

25 considers to have the greatest need.
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1 ‘‘(c) GENERAL REQUIREMENT.—Notwithstanding the

2 provisions of subsections (a) and (b), not less than two3 thirds of funds received by a State under this part shall

4 be distributed to units of local government unless the State

5 applies for and receives a waiver from the Director of the

6 Bureau of Justice Assistance.

7 ‘‘(d) FEDERAL SHARE.—The Federal share of a grant

8 made under this part may not exceed 75 percent of the total

9 costs of the projects described in the application submitted

10 under section 1702(a) for the fiscal year for which the

11 projects receive assistance under this part.

12 ‘‘SEC. 1706. EVALUATION.

13 ‘‘(a) IN GENERAL.—(1) Each State and local unit of

14 government that receives a grant under this part shall sub15 mit to the Director an evaluation not later than March 1

16 of each year in accordance with guidelines issued by the

17 Director and in consultation with the National Institute

18 of Justice.

19 ‘‘(2) The Director may waive the requirement specified

20 in paragraph (1) if the Director determines that such eval21 uation is not warranted in the case of the State or unit

22 of local government involved.

23 ‘‘(b) DISTRIBUTION.—The Director shall make avail24 able to the public on a timely basis evaluations received

25 under subsection (a).
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1 ‘‘(c) ADMINISTRATIVE COSTS.—A State and local unit

2 of government may use not more than 5 percent of funds

3 it receives under this part to develop an evaluation program

4 under this section.’’.

5 (b) CONFORMING AMENDMENT.—The table of contents

6 of title I of the Omnibus Crime Control and Safe Streets

7 Act of 1968 (42 U.S.C. 3711 et seq.), is amended by striking

8 the matter relating to part Q and inserting the following:

‘‘PART Q—ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS

‘‘Sec. 1701. Grant authorization.

‘‘Sec. 1702. State applications.

‘‘Sec. 1703. Review of State applications.

‘‘Sec. 1704. Local applications.

‘‘Sec. 1705. Allocation and distribution of funds.

‘‘Sec. 1706. Evaluation.

‘‘PART R—TRANSITION—EFFECTIVE DATE—REPEALER

‘‘Sec. 1801. Continuation of rules, authorities, and proceedings.’’.

9 (c) DEFINITION.—Section 901(a) of the Omnibus

10 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

11 3791(a)), is amended by adding after paragraph (23) the

12 following:

13 ‘‘(24) The term ‘young offender’ means an indi14 vidual 28 years of age or younger.’’.

15 SEC. 2. AUTHORIZATION OF APPROPRIATION.

16 Section 1001(a) of title I of the Omnibus Crime Con17 trol and Safe Streets Act of 1968 (42 U.S.C. 3793) is

18 amended by adding after paragraph (10) the following:
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1 ‘‘(11) There are authorized to be appropriated

2 $200,000,000 for each of the fiscal years 1994, 1995, and

3 1996 to carry out the projects under part Q.’’.