I

103D CONGRESS

1ST SESSION H. R. 3258

To assist States in establishing and increasing the utilization of boot camp

prisons.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 12, 1993

Mrs. LOWEY introduced the following bill; which was referred to the

Committee on the Judiciary

A BILL

To assist States in establishing and increasing the utilization

of boot camp prisons.

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

3 TITLE I—BOOT CAMP GRANTS

4 SEC. 101. GRANT AUTHORIZATION.

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

6 Justice Assistance (referred to in this title as the ‘‘Direc7 tor’’) may make grants available to States, for use by

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

9 the purpose of establishing boot camp prisons.
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1 (b) PRIORITY.—Priority shall be given to applications

2 from States which will use funds to establish a boot camp

3 prison by utilizing surplus property of the Federal Govern4 ment, including military bases that are no longer in use.

5 SEC. 102. ELIGIBILITY.

6 (a) ELIGIBILITY.—To be eligible for Federal funding,

7 a boot camp prison operated by a State shall provide—

8 (1) an organized program of manual labor and

9 discipline designed to build character, instill a sense

10 of maturity, promote a positive self-image for offend11 ers and foster a sense of respect for authority;

12 (2) training or vocational education which pro13 vides inmates with the tools necessary to confront

14 life tasks in a responsible manner and to find em15 ployment after release;

16 (3) treatment and counseling to all inmates who

17 are addicted to drugs or alcohol;

18 (4) a corrective, therapeutic environment de19 signed to help modify the offender’s criminal

20 thought and behavioral patterns so that offenders

21 are less likely to reoffend and more likely to behave

22 purposefully and productively as responsible citizens;

23 (5) an agreement that specifies procedures to

24 ensure that boot camp prison inmates are in compli25 ance with the requirements of the boot camp and
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1 that inmates in noncompliance are resentenced by

2 the court to traditional prisons; and

3 (6) a community adjustment phase that begins

4 after an inmate has successfully completed a boot

5 camp prison term which includes the obligations and

6 restrictions of special or normal probation or parole,

7 substance abuse treatment, and other special condi8 tions as needed or ordered by a sentencing judge.

9 SEC. 103. APPLICATIONS.

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

11 title, the chief executive of a State shall submit an applica12 tion to the Director in such form and containing such in13 formation as the Director may reasonably require.

14 (2) Such application shall include assurances that

15 Federal funds received under this title shall be used to

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

17 otherwise be available for activities funded under this title.

18 (b) STATE OFFICE.—The office designated under

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

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

21 (1) shall prepare the application as required by

22 the Director; and

23 (2) shall administer grant funds received under

24 this title, including review of spending, processing,

25 progress, financial reporting, technical assistance,
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1 grant adjustments, accounting, auditing, and fund

2 disbursement.

3 SEC. 104. REVIEW OF STATE APPLICATIONS.

4 (a) IN GENERAL.—The Bureau shall make a grant

5 under this title to carry out the projects described in the

6 application submitted by such applicant under section 103

7 upon determining that—

8 (1) the application is consistent with the re9 quirements of this section; and

10 (2) before the approval of the application, the

11 Bureau has made an affirmative finding in writing

12 that the proposed project has been reviewed in ac13 cordance with this title.

14 (b) APPROVAL.—Each application submitted under

15 section 103 shall be considered approved, in whole or in

16 part, by the Bureau not later than 45 days after first re17 ceived unless the Bureau informs the applicant of specific

18 reasons for disapproval.

19 SEC. 105. ALLOCATION AND DISTRIBUTION OF FUNDS.

20 (a) DEMONSTRATION PROJECTS.—Of the total

21 amount of funds made available under this title, the Direc22 tor may use not more than 5 percent of such funds for

23 demonstration projects that are of national significance.

24 (b) STATE DISTRIBUTION.—Of the funds remaining

25 after the distribution under subsection (a), there shall be
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1 allocated to each of the participating States an amount

2 which bears the same ratio to the amount of funds made

3 available under this title as the number of offenders (eligi4 ble for boot camp placement) of such State bears to the

5 number of eligible offenders in all the participating States.

6 (c) FEDERAL SHARE.—The Federal share of a grant

7 made under this title may not exceed 75 percent of the

8 total costs of establishing and maintaining the boot camp

9 described in the application submitted under section

10 103(a) for the fiscal year for which the boot camp receives

11 Federal assistance.

12 (d) UNUSED FUNDS.—If the Director determines, on

13 the basis of information available during any fiscal year,

14 that a portion of the funds allocated to a State for such

15 fiscal year will not be used, the Director shall have discre16 tion to award such remaining funds to other participating

17 States for projects related to the establishment, evalua18 tion, or effectiveness of prison boot camps.

19 SEC. 106. EVALUATION.

20 Each State that receives a grant under this title shall

21 submit to the Director an evaluation not later than March

22 1 of each year in accordance with guidelines issued by the

23 Director and in consultation with the National Institute

24 of Justice. Such evaluations must include a report on the

25 rates of recidivism among boot camp participants as well
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1 as an analysis of the boot camp’s effectiveness within the

2 entire prison system of a State.

3 SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

4 There are authorized to be appropriated

5 $500,000,000 for each of the fiscal years 1994, 1995, and

6 1996 to carry out this title.

7 TITLE II—BOOT CAMP OPTION

8 FOR NONVIOLENT DRUG OF9 FENDERS

10 SEC. 201. SPECIAL SENTENCING RULE FOR CERTAIN

11 CASES.

12 Section 404 of the Controlled Substances Act (21

13 U.S.C. 844) is amended by adding at the end the follow14 ing:

15 ‘‘SPECIAL SENTENCING RULE FOR CERTAIN CASES

16 ‘‘(d) Notwithstanding any other provision of law, in

17 the case of a defendant who is convicted of an offense

18 under this section that did not involve violence, the court

19 may sentence that defendant to incarceration in an inten20 sive confinement center (commonly called a boot camp

21 prison), and any mandatory minimum sentence of impris22 onment otherwise required by this section shall not apply.

23 However, at any time during that incarceration, the ap24 propriate authorities at the intensive confinement center

25 may inform the court that the defendant is in substantial

26 noncompliance with the requirements of the center, and
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1 the court may resentence the defendant to a term that

2 is not less than the sentence required without regard to

3 this subsection.’’.

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