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[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3258 Introduced in House (IH)]

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.

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

                       TITLE I--BOOT CAMP GRANTS

SEC. 101. GRANT AUTHORIZATION.

    (a) In General.--The Director of the Bureau of Justice Assistance 
(referred to in this title as the ``Director'') may make grants 
available to States, for use by States and units of local government in 
the States, for the purpose of establishing boot camp prisons.
    (b) Priority.--Priority shall be given to applications from States 
which will use funds to establish a boot camp prison by utilizing 
surplus property of the Federal Government, including military bases 
that are no longer in use.

SEC. 102. ELIGIBILITY.

    (a) Eligibility.--To be eligible for Federal funding, a boot camp 
prison operated by a State shall provide--
            (1) an organized program of manual labor and discipline 
        designed to build character, instill a sense of maturity, 
        promote a positive self-image for offenders and foster a sense 
        of respect for authority;
            (2) training or vocational education which provides inmates 
        with the tools necessary to confront life tasks in a 
        responsible manner and to find employment after release;
            (3) treatment and counseling to all inmates who are 
        addicted to drugs or alcohol;
            (4) a corrective, therapeutic environment designed to help 
        modify the offender's criminal thought and behavioral patterns 
        so that offenders are less likely to reoffend and more likely 
        to behave purposefully and productively as responsible 
        citizens;
            (5) an agreement that specifies procedures to ensure that 
        boot camp prison inmates are in compliance with the 
        requirements of the boot camp and that inmates in noncompliance 
        are resentenced by the court to traditional prisons; and
            (6) a community adjustment phase that begins after an 
        inmate has successfully completed a boot camp prison term which 
        includes the obligations and restrictions of special or normal 
        probation or parole, substance abuse treatment, and other 
        special conditions as needed or ordered by a sentencing judge.

SEC. 103. APPLICATIONS.

    (a) In General.--(1) To request a grant under this title, the chief 
executive of a State shall submit an application to the Director in 
such form and containing such information as the Director may 
reasonably require.
    (2) Such application shall include assurances that Federal funds 
received under this title shall be used to supplement, not supplant, 
non-Federal funds that would otherwise be available for activities 
funded under this title.
    (b) State Office.--The office designated under section 507 of title 
I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3757)--
            (1) shall prepare the application as required by the 
        Director; and
            (2) shall administer grant funds received under this title, 
        including review of spending, processing, progress, financial 
        reporting, technical assistance, grant adjustments, accounting, 
        auditing, and fund disbursement.

SEC. 104. REVIEW OF STATE APPLICATIONS.

    (a) In General.--The Bureau shall make a grant under this title to 
carry out the projects described in the application submitted by such 
applicant under section 103 upon determining that--
            (1) the application is consistent with the requirements of 
        this section; and
            (2) before the approval of the application, the Bureau has 
        made an affirmative finding in writing that the proposed 
        project has been reviewed in accordance with this title.
    (b) Approval.--Each application submitted under section 103 shall 
be considered approved, in whole or in part, by the Bureau not later 
than 45 days after first received unless the Bureau informs the 
applicant of specific reasons for disapproval.

SEC. 105. ALLOCATION AND DISTRIBUTION OF FUNDS.

    (a) Demonstration Projects.--Of the total amount of funds made 
available under this title, the Director may use not more than 5 
percent of such funds for demonstration projects that are of national 
significance.
    (b) State Distribution.--Of the funds remaining after the 
distribution under subsection (a), there shall be allocated to each of 
the participating States an amount which bears the same ratio to the 
amount of funds made available under this title as the number of 
offenders (eligible for boot camp placement) of such State bears to the 
number of eligible offenders in all the participating States.
    (c) Federal Share.--The Federal share of a grant made under this 
title may not exceed 75 percent of the total costs of establishing and 
maintaining the boot camp described in the application submitted under 
section 103(a) for the fiscal year for which the boot camp receives 
Federal assistance.
    (d) Unused Funds.--If the Director determines, on the basis of 
information available during any fiscal year, that a portion of the 
funds allocated to a State for such fiscal year will not be used, the 
Director shall have discretion to award such remaining funds to other 
participating States for projects related to the establishment, 
evaluation, or effectiveness of prison boot camps.

SEC. 106. EVALUATION.

    Each State that receives a grant under this title shall submit to 
the Director an evaluation not later than March 1 of each year in 
accordance with guidelines issued by the Director and in consultation 
with the National Institute of Justice. Such evaluations must include a 
report on the rates of recidivism among boot camp participants as well 
as an analysis of the boot camp's effectiveness within the entire 
prison system of a State.

SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated $500,000,000 for each of 
the fiscal years 1994, 1995, and 1996 to carry out this title.

        TITLE II--BOOT CAMP OPTION FOR NONVIOLENT DRUG OFFENDERS

SEC. 201. SPECIAL SENTENCING RULE FOR CERTAIN CASES.

    Section 404 of the Controlled Substances Act (21 U.S.C. 844) is 
amended by adding at the end the following:

              ``special sentencing rule for certain cases

    ``(d) Notwithstanding any other provision of law, in the case of a 
defendant who is convicted of an offense under this section that did 
not involve violence, the court may sentence that defendant to 
incarceration in an intensive confinement center (commonly called a 
boot camp prison), and any mandatory minimum sentence of imprisonment 
otherwise required by this section shall not apply. However, at any 
time during that incarceration, the appropriate authorities at the 
intensive confinement center may inform the court that the defendant is 
in substantial noncompliance with the requirements of the center, and 
the court may resentence the defendant to a term that is not less than 
the sentence required without regard to this subsection.''.

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