I

103D CONGRESS

1ST SESSION H. R. 3351

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

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.

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

3 SEC. 101. CERTAINTY OF PUNISHMENT FOR YOUNG OF4 FENDERS.

5 (a) IN GENERAL.—Title I of the Omnibus Crime

6 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

7 et seq.), is amended—

8 (1) by redesignating part S as part T;
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1 (2) by redesignating section 1901 as section

2 2001; and

3 (3) by inserting after part R the following:

4 ‘‘PART S—ALTERNATIVE PUNISHMENTS FOR

5 YOUNG OFFENDERS

6 ‘‘SEC. 1901. GRANT AUTHORIZATION.

7 ‘‘(a) IN GENERAL.—The Director of the Bureau of

8 Justice Assistance (referred to in this part as the ‘Direc9 tor’) may make grants under this part to States, for the

10 use by States and units of local government in the States,

11 for the purpose of developing alternative methods of pun12 ishment for young offenders to traditional forms of incar13 ceration and probation.

14 ‘‘(b) ALTERNATIVE METHODS.—The alternative

15 methods of punishment referred to in subsection (a)

16 should ensure certainty of punishment for young offenders

17 and promote reduced recidivism, crime prevention, and as18 sistance to victims, particularly for young offenders who

19 can be punished more effectively in an environment other

20 than a traditional correctional facility, including—

21 ‘‘(1) alternative sanctions that create account22 ability and certainty of punishment for young of23 fenders;

24 ‘‘(2) boot camp prison programs;
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1 ‘‘(3) technical training and support for the im2 plementation and maintenance of State and local

3 restitution programs for young offenders;

4 ‘‘(4) innovative projects;

5 ‘‘(5) correctional options, such as community6 based incarceration, weekend incarceration, and elec7 tronic monitoring of offenders;

8 ‘‘(6) community service programs that provide

9 work service placement for young offenders at non10 profit, private organizations and community organi11 zations;

12 ‘‘(7) demonstration restitution projects that are

13 evaluated for effectiveness; and

14 ‘‘(8) innovative methods that address the prob15 lems of young offenders convicted of serious sub16 stance abuse, including alcohol abuse, and gang-re17 lated offenses, including technical assistance and

18 training to counsel and treat such offenders.

19 ‘‘SEC. 1902. STATE APPLICATIONS.

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

21 this part, the chief executive of a State shall submit an

22 application to the Director in such form and containing

23 such information as the Director may reasonably require.

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

25 Federal funds received under this part shall be used to
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1 supplement, not supplant, non-Federal funds that would

2 otherwise be available for activities funded under this part.

3 ‘‘(b) STATE OFFICE.—The office designated under

4 section 507 of title I of the Omnibus Crime Control and

5 Safe Streets Act of 1968 (42 U.S.C. 3757)—

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

7 under subsection (a); and

8 ‘‘(2) shall administer grant funds received

9 under this part, including review of spending, proc10 essing, progress, financial reporting, technical assist11 ance, grant adjustments, accounting, auditing, and

12 fund disbursement.

13 ‘‘SEC. 1903. REVIEW OF STATE APPLICATIONS.

14 ‘‘(a) IN GENERAL.—The Director shall make a grant

15 under section 1901(a) to carry out the projects described

16 in the application submitted by such applicant under sec17 tion 1902 upon determining that—

18 ‘‘(1) the application is consistent with the re19 quirements of this part; and

20 ‘‘(2) before the approval of the application, the

21 Director has made an affirmative finding in writing

22 that the proposed project has been reviewed in ac23 cordance with this part.

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

25 section 1902 shall be considered approved, in whole or in
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1 part, by the Director not later than 45 days after first

2 received unless the Director informs the applicant of spe3 cific reasons for disapproval.

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

5 part shall not be used for land acquisition or construction

6 projects, other than alternative facilities described in sec7 tion 1901(b).

8 ‘‘(d) DISAPPROVAL NOTICE AND RECONSIDER9 ATION.—The Director shall not disapprove any application

10 without first affording the applicant reasonable notice and

11 an opportunity for reconsideration.

12 ‘‘SEC. 1904. LOCAL APPLICATIONS.

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

14 part from a State, the chief executive of a unit of local

15 government shall submit an application to the office des16 ignated under section 1901(b).

17 ‘‘(2) Such application shall be considered approved,

18 in whole or in part, by the State not later than 45 days

19 after such application is first received unless the State in20 forms the applicant in writing of specific reasons for dis21 approval.

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

23 submitted to the State without first affording the appli24 cant reasonable notice and an opportunity for reconsider25 ation.
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1 ‘‘(4) If such application is approved, the unit of local

2 government is eligible to receive such funds.

3 ‘‘(b) DISTRIBUTION TO UNITS OF LOCAL GOVERN4 MENT.—A State that receives funds under section 1901

5 in a fiscal year shall make such funds available to units

6 of local government with an application that has been sub7 mitted and approved by the State within 45 days after

8 the Director has approved the application submitted by

9 the State and has made funds available to the State. The

10 Director shall have the authority to waive the 45-day re11 quirement in this section upon a finding that the State

12 is unable to satisfy such requirement under State statutes.

13 ‘‘SEC. 1905. ALLOCATION AND DISTRIBUTION OF FUNDS.

14 ‘‘(a) STATE DISTRIBUTION.—Of the total amount ap15 propriated under this part in any fiscal year—

16 ‘‘(1) 0.4 percent shall be allocated to each of

17 the participating States; and

18 ‘‘(2) of the total funds remaining after the allo19 cation under paragraph (1), there shall be allocated

20 to each of the participating States an amount which

21 bears the same ratio to the amount of remaining

22 funds described in this paragraph as the number of

23 young offenders of such State bears to the number

24 of young offenders in all the participating States.
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1 ‘‘(b) LOCAL DISTRIBUTION.—(1) A State that re2 ceives funds under this part in a fiscal year shall distribute

3 to units of local government in such State for the purposes

4 specified under section 1901 that portion of such funds

5 which bears the same ratio to the aggregate amount of

6 such funds as the amount of funds expended by all units

7 of local government for criminal justice in the preceding

8 fiscal year bears to the aggregate amount of funds ex9 pended by the State and all units of local government in

10 such State for criminal justice in such preceding fiscal

11 year.

12 ‘‘(2) Any funds not distributed to units of local gov13 ernment under paragraph (1) shall be available for ex14 penditure by such State for purposes specified under sec15 tion 1901.

16 ‘‘(3) If the Director determines, on the basis of infor17 mation available during any fiscal year, that a portion of

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

19 be used by such State or that a State is not eligible to

20 receive funds under section 1901, the Director shall award

21 such funds to units of local government in such State giv22 ing priority to the units of local government that the Di23 rector considers to have the greatest need.

24 ‘‘(c) FEDERAL SHARE.—The Federal share of a

25 grant made under this part may not exceed 75 percent
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1 of the total costs of the projects described in the applica2 tion submitted under section 1902(a) for the fiscal year

3 for which the projects receive assistance under this part.

4 ‘‘SEC. 1906. EVALUATION.

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

6 government that receives a grant under this part shall

7 submit to the Director an evaluation not later than March

8 1 of each year in accordance with guidelines issued by the

9 Director and in consultation with the National Institute

10 of Justice.

11 ‘‘(2) The Director may waive the requirement speci12 fied in paragraph (1) if the Director determines that such

13 evaluation is not warranted in the case of the State or

14 unit of local government involved.

15 ‘‘(b) DISTRIBUTION.—The Director shall make avail16 able to the public on a timely basis evaluations received

17 under subsection (a).

18 ‘‘(c) ADMINISTRATIVE COSTS.—A State and local

19 unit of government may use not more than 5 percent of

20 funds it receives under this part to develop an evaluation

21 program under this section.’’.

22 (b) CONFORMING AMENDMENT.—The table of con23 tents of title I of the Omnibus Crime Control and Safe

24 Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended
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1 by striking the matter relating to part S and inserting the

2 following:

‘‘PART S—ALTERNATIVE PUNISHMENTS FOR YOUNG OFFENDERS

‘‘Sec. 1901. Grant authorization.

‘‘Sec. 1902. State applications.

‘‘Sec. 1903. Review of State applications.

‘‘Sec. 1904. Local applications.

‘‘Sec. 1905. Allocation and distribution of funds.

‘‘Sec. 1906. Evaluation.

‘‘PART T—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2001. Continuation of rules, authorities, and proceedings.’’.

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

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

5 3791(a)), is amended by adding at the end the following

6 new section:

7 ‘‘(25) The term ‘young offender’ means an indi8 vidual 28 years of age or younger.’’.

9 (d) AUTHORIZATION OF APPROPRIATIONS.—

10 Section 1001(a) of title I of the Omnibus Crime Con11 trol and Safe Streets Act of 1968 (42 U.S.C. 3793) is

12 amended by adding after paragraph (12) the following:

13 ‘‘(13) There are authorized to be appropriated

14 $200,000,000 for each of the fiscal years 1994, 1995, and

15 1996 to carry out the projects under part S.’’.

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