II

103D CONGRESS

1ST SESSION S. 1511

To eliminate the crediting of ‘‘good time’’ for violent and repeat offenders

in Federal and State prisons, authorize funding for boot camps and

the conversion of military facilities to regional prisons, and for other

purposes.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 30 (legislative day, SEPTEMBER 27), 1993

Mr. DORGAN introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To eliminate the crediting of ‘‘good time’’ for violent and

repeat offenders in Federal and State prisons, authorize

funding for boot camps and the conversion of military

facilities to regional prisons, and for other purposes.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Violent Crime Preven5 tion Act of 1993’’.
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1 TITLE I—ELIMINATION OF

2 ‘‘GOOD TIME’’ FOR VIOLENT

3 AND REPEAT OFFENDERS

4 SEC. 101. FEDERAL PRISONERS.

5 Section 3624(b) of title 18, United States Code, is

6 amended in the first sentence by inserting ‘‘(other than

7 a prisoner who has been convicted of a crime of violence

8 or has been convicted of more than 1 felony)’’ after ‘‘pris9 oner’’.

10 SEC. 102. STATE PRISONERS.

11 (a) IN GENERAL.—Section 506(f) of the Omnibus

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

13 3756(f)), as amended by subsection (c), is amended by

14 adding at the end the following new paragraph:

15 ‘‘(2)(A) If, on the first day of a fiscal year, a State

16 does not meet the requirement of subparagraph (B), the

17 Director shall reduce the amount of funds that would oth18 erwise be allocated to the State under subsection (a) by

19 100 percent.

20 ‘‘(B)(i) The requirement of this subparagraph is met

21 if the law of a State does not permit the crediting of any

22 amount of time toward service of a sentence by a prisoner

23 described in clause (ii) as a reward for having been in com24 pliance with prison disciplinary regulations or otherwise

25 having been on good behavior during any period of time.
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1 ‘‘(ii) A prisoner is described in this clause if the pris2 oner has been convicted of a crime of violence (as defined

3 in section 16 of title 18, United States Code) or has been

4 convicted of more than 1 felony.’’.

5 (b) EFFECTIVE DATE.—The amendment made by

6 subsection (a) shall take effect with respect to the first

7 fiscal year that begins after the date that is 3 years after

8 the date of enactment of this Act and each fiscal year

9 thereafter.

10 (c) TECHNICAL AMENDMENT OF EXISTING LAW TO

11 ACCOMODATE FURTHER AMENDMENT.—Section 506(f) of

12 title I of the Omnibus Crime Control and Safe Streets Act

13 of 1968 (42 U.S.C. 3756(f)) is amended—

14 (1) in subsection (a) by striking ‘‘Of’’ and in15 serting ‘‘Subject to subsection (f), of’’;

16 (2) in subsection (e) by striking ‘‘or (e)’’; and

17 (3) by amending subsection (f) to read as fol18 lows:

19 ‘‘(f)(1)(A) If, on the first day of a fiscal year, a State

20 does not meet the requirements of subparagraph (B), the

21 Director shall reduce the amount of funds that would oth22 erwise be allocated to the State under subsection (a) by

23 10 percent.

24 ‘‘(B)(i) The requirements of this subparagraph are

25 met if a State has in effect a law that requires State offi-
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1 cials, at the request of the victim of an offense involving

2 the commission of a sexual act—

3 ‘‘(I) to administer to a defendant convicted

4 under State law of such an offense (or adjudicated

5 in juvenile proceedings to have committed such an

6 offense), a test to detect in the defendant the pres7 ence of the etiologic agent for acquired immune defi8 ciency syndrome;

9 ‘‘(II) to disclose the results of the test to the

10 defendant and the victim; and

11 ‘‘(III) to provide the victim counseling regard12 ing HIV disease, HIV testing in accordance with ap13 plicable law, and referral for appropriate health care

14 and support services,

15 and it is the policy and practice of the State to comply

16 with that law.

17 ‘‘(ii) In this paragraph, the term ‘sexual act’ means

18 a sexual act within the meaning of subparagraph (A) or

19 (B) of the definition of ‘sexual act’ in section 2245 of title

20 18, United States Code.’’.

21 TITLE II—BOOT CAMPS AND

22 PRISONS

23 SEC. 201. BOOT CAMPS.

24 (a) IN GENERAL.—
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1 (1) ESTABLISHMENT.—Not later than 1 year

2 after the date of enactment of this Act, the Attorney

3 General shall establish within the Bureau of Prisons

4 10 military-style boot camp prisons (referred to as

5 ‘‘boot camps’’).

6 (2) LOCATION.—The boot camps shall be lo7 cated on closed military installations on sites to be

8 chosen by the Director of the Bureau of Prisons,

9 after consultation with the Director of National

10 Drug Control Policy.

11 (3) REGIMEN.—The boot camps shall provide—

12 (A) a highly regimented schedule of strict

13 discipline, physical training, work, drill, and

14 ceremony characteristic of military basic train15 ing; and

16 (B) remedial education and treatment for

17 substance abuse.

18 (b) CAPACITY.—

19 (1) TOTAL NUMBER.—Each boot camp shall be

20 designed to accommodate between 200 and 300 pris21 oners for periods of not less than 90 days and not

22 greater than 120 days.

23 (2) MIX OF FEDERAL AND STATE PRIS24 ONERS.—Of the inmates held in the boot camps—
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1 (A) not more than 20 percent shall be

2 Federal prisoners; and

3 (B) the remainder shall be State prisoners

4 who are accepted for participation in the boot

5 camp program pursuant to subsection (d).

6 (c) FEDERAL PRISONERS.—Section 3582 of title 18,

7 United States Code, is amended by adding at the end the

8 following new subsection:

9 ‘‘(e) BOOT CAMP PRISON AS A SENTENCING ALTER10 NATIVE.—(1) The court, in imposing sentence in the cir11 cumstances described in paragraph (2), may designate the

12 defendant as a prisoner eligible for placement in a boot

13 camp prison. The Director of the Bureau of Prisons shall

14 determine whether a defendant so designated will be as15 signed to a boot camp prison.

16 ‘‘(2) A defendant may be designated as a prisoner

17 eligible for placement in boot camp prison if—

18 ‘‘(A) the defendant—

19 ‘‘(i) is under 25 years of age;

20 ‘‘(ii) has no prior conviction for which the

21 defendant has served more than 10 days’ incar22 ceration; and

23 ‘‘(iii) has been convicted of—

24 ‘‘(I) an offense involving a controlled

25 substance punishable under the Controlled
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1 Substances Act (21 U.S.C. 801 et seq.) or

2 the Controlled Substances Export and Im3 port Act (21 U.S.C. 951 et seq.); or

4 ‘‘(II) any other offense if the defend5 ant, at the time of arrest or at any time

6 thereafter, tested positive for the presence

7 of a controlled substance in his or her

8 blood or urine; and

9 ‘‘(B) the court finds that the defendant’s total

10 offense level under the sentencing guidelines is level

11 15 or less.

12 ‘‘(3) If the Director of the Bureau of Prisons finds

13 that a prisoner placed in a boot camp prison pursuant to

14 this subsection has willfully refused to comply with the

15 conditions of confinement in the boot camp, the Director

16 may transfer the inmate to any other correctional facility

17 in the Federal prison system.

18 ‘‘(4) Successful completion of assignment to a boot

19 camp shall constitute satisfaction of any period of active

20 incarceration, but shall not affect any aspect of a sentence

21 relating to a fine, restitution, or supervised release.’’.

22 (d) STATE PRISONERS.—

23 (1) APPLICATION.—The head of a State correc24 tions department or the head’s designee may apply

25 for boot camp placement for a defendant who has
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1 been convicted of a criminal offense in that State, or

2 who anticipates entering a plea of guilty of such of3 fense, but who has not yet been sentenced.

4 (2) FORM.—An application under paragraph

5 (1) shall—

6 (A) be made to the Director of the Bureau

7 of Prisons;

8 (B) be in the form designated by the Di9 rector of the Bureau of Prisons; and

10 (C) contain a statement certified by the

11 head of the State corrections department or the

12 head’s designee that at the time of sentencing

13 the defendant is likely to be eligible for assign14 ment to a boot camp pursuant to paragraph

15 (2).

16 (3) RESPONSE.—The Director of the Bureau of

17 Prisons shall respond to an application under para18 graph (1) within 30 days so that the sentencing

19 court is aware of the result of the application at the

20 time of sentencing.

21 (4) DETERMINATION OF ASSIGNMENT.—In re22 sponding to an application under paragraph (1), the

23 Director of the Bureau of Prisons shall determine,

24 on the basis of the availability of space, whether a

25 defendant who becomes eligible for assignment to a
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1 boot camp prison at the time of sentencing will be

2 assigned to a boot camp.

3 (5) ELIGIBILITY.—A defendant who is con4 victed of a State criminal offense shall be eligible for

5 assignment to a boot camp if the defendant—

6 (A) is under 25 years of age;

7 (B) has no prior conviction for which the

8 defendant has served more than 10 days’ incar9 ceration;

10 (C) has been sentenced to a term of im11 prisonment that will be satisfied under the law

12 of the sentencing State if the defendant suc13 cessfully completes a term of not less than 90

14 days nor more than 120 days in a boot camp;

15 (D) has been designated by the court as a

16 prisoner eligible for assignment to a boot camp;

17 and

18 (E) has been convicted of—

19 (i) an offense involving a controlled

20 substance (as defined in section 102 of the

21 Controlled Substances Act (21 U.S.C.

22 802)); or

23 (ii) any other offense if the defendant

24 is eligible for assignment to a boot camp

25 under State law.
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1 (6) RETURN OF PRISONER FOR FAILURE TO

2 COMPLY WITH CONDITIONS OF CONFINEMENT.—If

3 the Director of the Bureau of Prisons finds that a

4 prisoner placed in a boot camp prison pursuant to

5 this subsection has willfully refused to comply with

6 the conditions of confinement in the boot camp, the

7 Director may return the prisoner to the jurisdiction

8 of the State sentencing court.

9 (7) REIMBURSEMENT OF COSTS OF INCARCER10 ATION.—(A) A State that refers a prisoner to a boot

11 camp shall reimburse the Bureau of Prisons for the

12 full cost of the incarceration of the prisoner, except

13 that if the prisoner successfully completes the boot

14 camp program, the Director of the Bureau of Pris15 ons shall return to the State 20 percent of the

16 amount paid for the prisoner.

17 (B) The amount returned to a State under sub18 paragraph (A) in each fiscal year shall be used by

19 the State to provide the aftercare supervision and

20 services required by subsection (e).

21 (e) POSTRELEASE SUPERVISION.—

22 (1) STATE AFTERCARE PLAN.—A State that

23 seeks to refer a State prisoner to a boot camp prison

24 shall submit to the Director of the Bureau of Pris25 ons an aftercare plan setting forth—
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1 (A) the provisions that the State will make

2 for the continued supervision of the prisoner

3 following release; and

4 (B) provisions for educational and voca5 tional training and drug or other counseling

6 and treatment where appropriate.

7 (2) FEDERAL AFTERCARE PLAN.—The Director

8 of the Bureau of Prisons shall develop an aftercare

9 plan setting forth—

10 (A) the provisions that will be made for

11 the continued supervision of Federal prisoners

12 following release; and

13 (B) provisions for educational and voca14 tional training and drug or other counseling

15 and treatment where appropriate.

16 (f) AUTHORIZATION OF APPROPRIATIONS.—

17 (1) IN GENERAL.—There are authorized to be

18 appropriated $150,000,000 for fiscal year 1995, to

19 remain available until expended, of which—

20 (A) not more than $12,500,000 shall be

21 used to convert each closed military base to a

22 boot camp prison; and

23 (B) not more than $2,500,000 shall be

24 used to operate each boot camp for a fiscal

25 year.
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1 (2) AMOUNTS IN ADDITION.—Amounts appro2 priated under paragraph (1) shall be in addition to

3 any other amounts authorized to be appropriated to

4 the Bureau of Prisons.

5 SEC. 202. CONVERSION OF PROPERTY AND FACILITIES AT

6 CLOSED OR REALIGNED MILITARY INSTALLA7 TIONS INTO REGIONAL PRISONS.

8 (a) DEFINITION.—In this section, ‘‘base closure law’’

9 means—

10 (1) title II of the Defense Authorization

11 Amendments and Base Closure and Realignment

12 Act (10 U.S.C. 2687 note);

13 (2) the Defense Base Closure and Realignment

14 Act of 1990 (part A of title XXIX of Public Law

15 101–510; 10 U.S.C. 2687 note);

16 (3) section 2687 of title 10, United States

17 Code; and

18 (4) any other similar law.

19 (b) TRANSFER OF MILITARY INSTALLATIONS.—

20 (1) DETERMINATION OF SUITABILITY FOR CON21 VERSION.—Notwithstanding any base closure law,

22 the Secretary of Defense may not take any action to

23 dispose of or transfer any real property or facility lo24 cated at a military installation to be closed or re25 aligned under a base closure law until the Secretary
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1 notifies the Attorney General of any property or fa2 cility at that installation that is suitable for conver3 sion for use as a minimum-to-medium security re4 gional prison. The Secretary of Defense shall en5 deavor to identify at least 10 such properties or fa6 cilities located in various regions of the country.

7 (2) TRANSFER.—The Secretary of Defense

8 shall, upon the request of the Attorney General,

9 transfer to the Attorney General, without reimburse10 ment, the property or facilities covered by the notifi11 cation referred to in paragraph (1) in order to per12 mit the Attorney General to convert the property or

13 facilities for use as a regional prison.

14 (3) APPLICABILITY.—This subsection shall

15 apply with respect to property or facilities located at

16 military installations the closure or realignment of

17 which commences after the date of enactment of this

18 Act.

19 (c) CONVERSION AND OPERATION OF REGIONAL

20 PRISONS.—The Attorney General shall—

21 (1) acquire from the Secretary of Defense at

22 least 10 former military facilities that are suitable

23 for conversion to minimum-to-medium security pris24 ons; and

25 (2) convert and operate such prisons.
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1 (d) PRISON POPULATIONS.—Each regional prison

2 shall be used to accommodate a population consisting of

3 approximately 20 percent Federal prisoners and 80 per4 cent State prisoners.

5 (e) GOAL IN SELECTION OF PRISONERS.—In select6 ing from among prisoners those who will be transferred

7 to a regional prison, the Director of the Bureau of Prisons

8 and a State shall endeavor to select nonviolent, minimum9 to-medium security risk prisoners whose continued con10 finement will have the greatest impact on the crime rate

11 and future prison overcrowding.

12 (f) PAYMENT OF COSTS.—A State that transfers a

13 prisoner to a regional prison shall reimburse the Director

14 of the Bureau of Prisons for the full cost of the incarcer15 ation of the prisoner.

16 (g) DETERMINATIONS BY THE DIRECTOR.—

17 (1) PRISONER ELIGIBILITY.—The Director of

18 the Bureau of Prisons shall have the exclusive right

19 to determine, after the staff of a regional prison has

20 had an opportunity to interview a Federal or State

21 prisoner in person, whether, in view of any cir22 cumstances that the Director considers to be rel23 evant, a transfer of the prisoner should be accepted.

24 (2) PRISONER COMPLIANCE WITH CONDI25 TIONS.—The Director of the Bureau of Prisons shall
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1 have the exclusive right to place conditions on the

2 continued incarceration of a prisoner in a regional

3 prison and to determine whether a prisoner in a re4 gional prison is complying with those conditions.

5 (h) RETURN OF NONCOMPLIANT PRISONER.—Upon

6 determining that a prisoner in a regional prison is not in

7 compliance with a condition for continued incarceration in

8 a regional prison, the Director may, upon notification to

9 the transferring State of that determination, return the

10 prisoner to the transferring State.

11 (i) AUTHORIZATION OF APPROPRIATIONS.—There

12 are authorized to be appropriated to carry out this section,

13 in addition to any other amounts authorized to be appro14 priated to the Bureau of Prisons, $700,000,000 for fiscal

15 year 1995, to remain available until expended.

16 TITLE III—SENTENCING

17 REPORTS

18 SEC. 301. FEDERAL DEFENDANTS.

19 (a) IN GENERAL.—For each year, the Attorney Gen20 eral shall prepare and make available to the public an an21 nual report on the sentences that were imposed by each

22 Federal judge during the preceding year on defendants

23 convicted of felonies under Federal law.
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1 (b) CONTENTS.—A report under subsection (a) shall

2 include for each defendant and each offense of which the

3 defendant was convicted—

4 (1) the name of the court and judge that im5 posed the sentence;

6 (2) the provision of law in which the offense is

7 stated and sentence is authorized;

8 (3) the range of the sentence that the court was

9 authorized to impose under that provision of law;

10 (4) a brief description of the circumstances of

11 the offense sufficient to inform a person concerning

12 the severity of the offense, including any salient ag13 gravating and mitigating factors; and

14 (5) the sentence that was imposed.

15 SEC. 302. STATE PRISONERS.

16 (a) IN GENERAL.—Section 506(f) of title I of the

17 Omnibus Crime Control and Safe Streets Act of 1968 (42

18 U.S.C. 3756(f)), as amended by section 101(a), is amend19 ed by adding at the end the following new paragraph:

20 ‘‘(3)(A) If, on the first day of a fiscal year, a State

21 does not meet the requirements of subparagraph (B), the

22 Director shall reduce the amount of funds that would oth23 erwise be allocated to the State under subsection (a) by

24 100 percent.
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1 ‘‘(B)(i) The requirements of this subparagraph are

2 met if the law of a State provides that for each year an

3 appropriate official shall prepare and make available to

4 the public an annual report, meeting the requirements of

5 clause (ii), on the sentences that were imposed by each

6 State judge during the preceding year on defendants con7 victed of felonies under State law.

8 ‘‘(ii) A report under clause (i) meets the requirements

9 of this paragraph if the report includes for each defendant

10 and each offense of which the defendant was convicted—

11 ‘‘(I) the name of the court and judge that im12 posed the sentence;

13 ‘‘(II) the provision of law in which the offense

14 is stated and sentence is authorized;

15 ‘‘(III) the range of the sentence that the court

16 was authorized to impose under that provision of

17 law;

18 ‘‘(IV) a brief description of the circumstances

19 of the offense sufficient to inform a person concern20 ing the severity of the offense, including any salient

21 aggravating and mitigating factors; and

22 ‘‘(V) the sentence that was imposed.’’.

23 (b) EFFECTIVE DATE.—The amendment made by

24 subsection (a) shall take effect with respect to the first

25 fiscal year that begins after the date that is 3 years after
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1 the date of enactment of this Act and each fiscal year

2 thereafter.

3 TITLE IV—VICTIM’S RIGHT OF

4 ALLOCUTION

5 SEC. 401. FEDERAL PRISONERS.

6 Rule 32 of the Federal Rules of Criminal Procedure

7 is amended—

8 (1) by striking ‘‘and’’ at the end of subdivision

9 (a)(1)(B);

10 (2) by striking the period at the end of subdivi11 sion (a)(1)(C) and inserting ‘‘; and’’;

12 (3) by inserting after subdivision (a)(1)(C) the

13 following:

14 ‘‘(D) if sentence is to be imposed for a crime

15 of violence or sexual abuse, address the victim per16 sonally if the victim is present at the sentencing

17 hearing and determine if the victim wishes to make

18 a statement and to present any information in rela19 tion to the sentence.’’;

20 (4) in the penultimate sentence of subdivision

21 (a)(1) by striking ‘‘equivalent opportunity’’ and in22 serting ‘‘opportunity equivalent to that of the de23 fendant’s counsel’’;
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1 (5) in the last sentence of subdivision (a)(1) by

2 inserting ‘‘the victim,’’ before ‘‘, or the attorney for

3 the Government.’’; and

4 (6) by adding at the end the following new sub5 division:

6 ‘‘(f) DEFINITIONS.—For purposes of this rule—

7 ‘‘(1) ‘crime of violence or sexual abuse’ means

8 a crime that involved the use or attempted or threat9 ened use of physical force against the person or

10 property of another, or a crime under chapter 109A

11 of title 18, United States Code; and

12 ‘‘(2) ‘victim’ means an individual against whom

13 an offense for which a sentence is to be imposed has

14 been committed, but the right of allocution under

15 subdivision (a)(1)(D) may be exercised instead by—

16 ‘‘(A) a parent or legal guardian if the vic17 tim is below the age of 18 years or incompetent;

18 or

19 ‘‘(B) one or more family members or rel20 atives designated by the court if the victim is

21 deceased or incapacitated,

22 if such person or persons are present at the sentenc23 ing hearing, regardless of whether the victim is

24 present.’’.
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1 SEC. 402. STATE PRISONERS.

2 (a) IN GENERAL.—Section 506(f) of title I of the

3 Omnibus Crime Control and Safe Streets Act of 1968 (42

4 U.S.C. 3756(f)), as amended by section 102(a), is amend5 ed by adding at the end the following new paragraph:

6 ‘‘(3)(A) If, on the first day of a fiscal year, a State

7 does not meet the requirements of subparagraph (B), the

8 Director shall reduce the amount of funds that would oth9 erwise be allocated to the State under subsection (a) by

10 100 percent.

11 ‘‘(B) The requirements of this subparagraph are met

12 if the law of a State (including rules of court or any other

13 source of law) provides for a crime victim’s right of allocu14 tion at a sentencing hearing at least in the circumstances

15 and at least to the extent that that right is afforded under

16 rule 32(a)(1)(D) of the Federal Rules of Criminal Proce17 dure, and in addition provides a similar right at any subse18 quent parole hearing.’’.

19 (b) EFFECTIVE DATE.—The amendment made by

20 subsection (a) shall take effect with respect to the first

21 fiscal year that begins after the date that is 3 years after

22 the date of enactment of this Act and each fiscal year

23 thereafter.

Æ

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