IIA

103D CONGRESS

1ST SESSION H. R. 3351

IN THE SENATE OF THE UNITED STATES

NOVEMBER 20 (legislative day, NOVEMBER 2), 1993

Received; read twice and referred to the Committee on the Judiciary

AN ACT

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 SECTION 1. 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—
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1 (1) by redesignating part Q as part R;

2 (2) by redesignating section 1701 as section

3 1801; and

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

5 ‘‘PART Q—ALTERNATIVE PUNISHMENTS FOR

6 YOUNG OFFENDERS

7 ‘‘SEC. 1701. GRANT AUTHORIZATION.

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

9 Justice Assistance (referred to in this part as the ‘Direc10 tor’) may make grants under this part to States, for the

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

12 for the purpose of developing alternative methods of pun13 ishment for young offenders to traditional forms of incar14 ceration and probation.

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

16 methods of punishment referred to in subsection (a)

17 should ensure certainty of punishment for young offenders

18 and promote reduced recidivism, crime prevention, and as19 sistance to victims, particularly for young offenders who

20 can be punished more effectively in an environment other

21 than a traditional correctional facility, including—

22 ‘‘(1) alternative sanctions that create account23 ability and certainty of punishment for young of24 fenders;
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1 ‘‘(2) boot camp prison programs that include

2 education and job training activities such as pro3 grams modeled, to the extent practicable, after ac4 tivities carried out under part B of title IV of the

5 Job Training Partnership Act (relating to Job

6 Corps) (29 U.S.C. 1691 et seq.);

7 ‘‘(3) technical training and support for the im8 plementation and maintenance of State and local

9 restitution programs for young offenders;

10 ‘‘(4) innovative projects, such as projects con11 sisting of education and job training activities for in12 carcerated young offenders, modeled, to the extent

13 practicable, after activities carried out under part B

14 of title IV of the Job Training Partnership Act (re15 lating to Job Corps) (29 U.S.C. 1691 et seq.);

16 ‘‘(5) correctional options, such as community17 based incarceration, weekend incarceration, and elec18 tronic monitoring of offenders;

19 ‘‘(6) community service programs that provide

20 work service placement for young offenders at non21 profit, private organizations and community organi22 zations;

23 ‘‘(7) demonstration restitution projects that are

24 evaluated for effectiveness;
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1 ‘‘(8) innovative methods that address the prob2 lems of young offenders convicted of serious sub3 stance abuse (including alcohol abuse, and gang-re4 lated offenses), including technical assistance and

5 training to counsel and treat such offenders; and

6 ‘‘(9) the provision for adequate and appropriate

7 after care programs for the young offenders, such as

8 substance abuse treatment, education programs, vo9 cational training, job placement counseling, and

10 other support programs upon release.

11 ‘‘SEC. 1702. STATE APPLICATIONS.

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

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

14 application to the Director in such form and containing

15 such information as the Director may reasonably require.

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

17 Federal funds received under this part shall be used to

18 supplement, not supplant, non-Federal funds that would

19 otherwise be available for activities funded under this part.

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

21 section 507 of this title—

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

23 under subsection (a); and

24 ‘‘(2) shall administer grant funds received

25 under this part, including review of spending, proc-
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1 essing, progress, financial reporting, technical assist2 ance, grant adjustments, accounting, auditing, and

3 fund disbursement.

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

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

6 with the Director of the National Institute of Corrections,

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

8 projects described in the application submitted by such ap9 plicant under section 1702 upon determining that—

10 ‘‘(1) the application is consistent with the re11 quirements of this part; and

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

13 Director has made an affirmative finding in writing

14 that the proposed project has been reviewed in ac15 cordance with this part.

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

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

18 part, by the Director not later than 45 days after first

19 received unless the Director informs the applicant of spe20 cific reasons for disapproval.

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

22 part shall not be used for land acquisition or construction

23 projects, other than alternative facilities described in sec24 tion 1701(b).
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1 ‘‘(d) DISAPPROVAL NOTICE AND RECONSIDER2 ATION.—The Director shall not disapprove any application

3 without first affording the applicant reasonable notice and

4 an opportunity for reconsideration.

5 ‘‘SEC. 1704. LOCAL APPLICATIONS.

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

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

8 government shall submit an application to the office des9 ignated under section 1701(b).

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

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

12 after such application is first received unless the State in13 forms the applicant in writing of specific reasons for dis14 approval.

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

16 submitted to the State without first affording the appli17 cant reasonable notice and an opportunity for reconsider18 ation.

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

20 government is eligible to receive such funds.

21 ‘‘(b) DISTRIBUTION TO UNITS OF LOCAL GOVERN22 MENT.—A State that receives funds under section 1701

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

24 of local government with an application that has been sub25 mitted and approved by the State within 45 days after
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1 the Director has approved the application submitted by

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

3 Director shall have the authority to waive the 45-day re4 quirement in this section upon a finding that the State

5 is unable to satisfy such requirement under State statutes.

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

7 ‘‘(a) STATE DISTRIBUTION.—Of the total amount ap8 propriated under this part in any fiscal year—

9 ‘‘(1) 0.4 percent shall be allocated to each of

10 the participating States; and

11 ‘‘(2) of the total funds remaining after the allo12 cation under paragraph (1), there shall be allocated

13 to each of the participating States an amount which

14 bears the same ratio to the amount of remaining

15 funds described in this paragraph as the number of

16 young offenders of such State bears to the number

17 of young offenders in all the participating States.

18 ‘‘(b) LOCAL DISTRIBUTION.—(1) A State that re19 ceives funds under this part in a fiscal year shall distribute

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

21 specified under section 1701 that portion of such funds

22 which bears the same ratio to the aggregate amount of

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

24 of local government for correctional programs in the pre25 ceding fiscal year bears to the aggregate amount of funds
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1 expended by the State and all units of local government

2 in such State for correctional programs in such preceding

3 fiscal year.

4 ‘‘(2) Any funds not distributed to units of local gov5 ernment under paragraph (1) shall be available for ex6 penditure by such State for purposes specified under sec7 tion 1701.

8 ‘‘(3) If the Director determines, on the basis of infor9 mation available during any fiscal year, that a portion of

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

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

12 receive funds under section 1701, the Director shall award

13 such funds to units of local government in such State giv14 ing priority to the units of local government that the Di15 rector considers to have the greatest need.

16 ‘‘(c) GENERAL REQUIREMENT.—Notwithstanding

17 the provisions of subsections (a) and (b), not less than

18 two-thirds of funds received by a State under this part

19 shall be distributed to units of local government unless the

20 State applies for and receives a waiver from the Director

21 of the Bureau of Justice Assistance.

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

23 grant made under this part may not exceed 75 percent

24 of the total costs of the projects described in the applica-
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1 tion submitted under section 1702(a) for the fiscal year

2 for which the projects receive assistance under this part.

3 ‘‘(e) CONSIDERATION.—Notwithstanding subsections

4 (a) and (b), in awarding grants under this part, the Direc5 tor shall consider as an important factor whether a State

6 has in effect throughout such State a law or policy

7 which—

8 ‘‘(1) requires that a juvenile who is in posses9 sion of a firearm or other weapon on school property

10 or convicted of a crime involving the use of a firearm

11 or weapon on school property—

12 ‘‘(A) be suspended from school for a rea13 sonable period of time; and

14 ‘‘(B) lose driving license privileges for a

15 reasonable period of time;

16 ‘‘(2) bans firearms and other weapons in a 100-

17 yard radius of school property, but the State may

18 allow exceptions for school-sponsored activities, as

19 well as other reasonable exceptions.

20 ‘‘(f) DEFINITION.—For purposes of this part, ‘juve21 nile’ means 18 years of age or younger.

22 ‘‘SEC. 1706. EVALUATION.

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

24 government that receives a grant under this part shall

25 submit to the Director an evaluation not later than March
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1 1 of each year in accordance with guidelines issued by the

2 Director and in consultation with the National Institute

3 of Justice.

4 ‘‘(2) The Director may waive the requirement speci5 fied in paragraph (1) if the Director determines that such

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

7 unit of local government involved.

8 ‘‘(b) DISTRIBUTION.—The Director shall make avail9 able to the public on a timely basis evaluations received

10 under subsection (a).

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

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

13 funds it receives under this part to develop an evaluation

14 program under this section.’’.

15 (b) CONFORMING AMENDMENT.—The table of con16 tents of title I of the Omnibus Crime Control and Safe

17 Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended

18 by striking the matter relating to part Q and inserting

19 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.’’.
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1 (c) DEFINITION.—Section 901(a) of the Omnibus

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

3 3791(a)), is amended by adding after paragraph (23) the

4 following:

5 ‘‘(24) The term ‘young offender’ means an indi6 vidual, convicted of a crime, 22 years of age or

7 younger—

8 ‘‘(A) who has not been convicted of—

9 ‘‘(i) a crime of sexual assault; or

10 ‘‘(ii) a crime involving the use of a

11 firearm in the commission of the crime;

12 and

13 ‘‘(B) who has no prior convictions for a

14 crime of violence (as defined by section 16 of

15 title 18, United States Code) punishable by a

16 period of 1 or more years of imprisonment.’’.

17 SEC. 2. AUTHORIZATION OF APPROPRIATION.

18 Section 1001(a) of title I of the Omnibus Crime Con19 trol and Safe Streets Act of 1968 (42 U.S.C. 3793) is

20 amended by adding after paragraph (10) the following:

21 ‘‘(11) There are authorized to be appropriated

22 $200,000,000 for each of the fiscal years 1994, 1995, and

23 1996 to carry out the projects under part Q.’’.
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1 SEC. 3. SENSE OF THE CONGRESS.

2 It is the sense of the Congress that States should im3 pose mandatory sentences for crimes involving the use of

4 a firearm or other weapon on school property or within

5 a 100-yard radius of school property.

Passed the House of Representatives November 19,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.