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 punish-
ment for young offenders to traditional forms of incarceration and proba-
tion.
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.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SEC. 101. CERTAINTY OF PUNISHMENT FOR YOUNG OF-
FENDERS.
(a) IN GENERAL.—Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.), is amended—
(1) by redesignating part S as part T;
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(2) by redesignating section 1901 as section
2001; and
(3) by inserting after part R the following:
‘‘PART S—ALTERNATIVE PUNISHMENTS FOR
YOUNG OFFENDERS
‘‘SEC. 1901. GRANT AUTHORIZATION.
‘‘(a) IN GENERAL.—The Director of the Bureau of
Justice Assistance (referred to in this part as the ‘Direc-
tor’) may make grants under this part to States, for the
use by States and units of local government in the States,
for the purpose of developing alternative methods of pun-
ishment for young offenders to traditional forms of incar-
ceration and probation.
‘‘(b) ALTERNATIVE
METHODS.—The alternative
methods of punishment referred to in subsection (a)
should ensure certainty of punishment for young offenders
and promote reduced recidivism, crime prevention, and as-
sistance to victims, particularly for young offenders who
can be punished more effectively in an environment other
than a traditional correctional facility, including—
‘‘(1) alternative sanctions that create account-
ability and certainty of punishment for young of-
fenders;
‘‘(2) boot camp prison programs;
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‘‘(3) technical training and support for the im-
plementation and maintenance of State and local
restitution programs for young offenders;
‘‘(4) innovative projects;
‘‘(5) correctional options, such as community-
based incarceration, weekend incarceration, and elec-
tronic monitoring of offenders;
‘‘(6) community service programs that provide
work service placement for young offenders at non-
profit, private organizations and community organi-
zations;
‘‘(7) demonstration restitution projects that are
evaluated for effectiveness; and
‘‘(8) innovative methods that address the prob-
lems of young offenders convicted of serious sub-
stance abuse, including alcohol abuse, and gang-re-
lated offenses, including technical assistance and
training to counsel and treat such offenders.
‘‘SEC. 1902. STATE APPLICATIONS.
‘‘(a) IN GENERAL.—(1) To request a grant under
this part, 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 part shall be used to
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supplement, not supplant, non-Federal funds that would
otherwise be available for activities funded under this part.
‘‘(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
under subsection (a); and
‘‘(2) shall administer grant funds received
under this part, including review of spending, proc-
essing, progress, financial reporting, technical assist-
ance, grant adjustments, accounting, auditing, and
fund disbursement.
‘‘SEC. 1903. REVIEW OF STATE APPLICATIONS.
‘‘(a) IN GENERAL.—The Director shall make a grant
under section 1901(a) to carry out the projects described
in the application submitted by such applicant under sec-
tion 1902 upon determining that—
‘‘(1) the application is consistent with the re-
quirements of this part; and
‘‘(2) before the approval of the application, the
Director has made an affirmative finding in writing
that the proposed project has been reviewed in ac-
cordance with this part.
‘‘(b) APPROVAL.—Each application submitted under
section 1902 shall be considered approved, in whole or in
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part, by the Director not later than 45 days after first
received unless the Director informs the applicant of spe-
cific reasons for disapproval.
‘‘(c) RESTRICTION.—Grant funds received under this
part shall not be used for land acquisition or construction
projects, other than alternative facilities described in sec-
tion 1901(b).
‘‘(d) DISAPPROVAL
NOTICE
AND
RECONSIDER-
ATION.—The Director shall not disapprove any application
without first affording the applicant reasonable notice and
an opportunity for reconsideration.
‘‘SEC. 1904. LOCAL APPLICATIONS.
‘‘(a) IN GENERAL.—(1) To request funds under this
part from a State, the chief executive of a unit of local
government shall submit an application to the office des-
ignated under section 1901(b).
‘‘(2) Such application shall be considered approved,
in whole or in part, by the State not later than 45 days
after such application is first received unless the State in-
forms the applicant in writing of specific reasons for dis-
approval.
‘‘(3) The State shall not disapprove any application
submitted to the State without first affording the appli-
cant reasonable notice and an opportunity for reconsider-
ation.
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‘‘(4) If such application is approved, the unit of local
government is eligible to receive such funds.
‘‘(b) DISTRIBUTION TO UNITS OF LOCAL GOVERN-
MENT.—A State that receives funds under section 1901
in a fiscal year shall make such funds available to units
of local government with an application that has been sub-
mitted and approved by the State within 45 days after
the Director has approved the application submitted by
the State and has made funds available to the State. The
Director shall have the authority to waive the 45-day re-
quirement in this section upon a finding that the State
is unable to satisfy such requirement under State statutes.
‘‘SEC. 1905. ALLOCATION AND DISTRIBUTION OF FUNDS.
‘‘(a) STATE DISTRIBUTION.—Of the total amount ap-
propriated under this part in any fiscal year—
‘‘(1) 0.4 percent shall be allocated to each of
the participating States; and
‘‘(2) of the total funds remaining after the allo-
cation under paragraph (1), there shall be allocated
to each of the participating States an amount which
bears the same ratio to the amount of remaining
funds described in this paragraph as the number of
young offenders of such State bears to the number
of young offenders in all the participating States.
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‘‘(b) LOCAL DISTRIBUTION.—(1) A State that re-
ceives funds under this part in a fiscal year shall distribute
to units of local government in such State for the purposes
specified under section 1901 that portion of such funds
which bears the same ratio to the aggregate amount of
such funds as the amount of funds expended by all units
of local government for criminal justice in the preceding
fiscal year bears to the aggregate amount of funds ex-
pended by the State and all units of local government in
such State for criminal justice in such preceding fiscal
year.
‘‘(2) Any funds not distributed to units of local gov-
ernment under paragraph (1) shall be available for ex-
penditure by such State for purposes specified under sec-
tion 1901.
‘‘(3) If the Director determines, on the basis of infor-
mation available during any fiscal year, that a portion of
the funds allocated to a State for such fiscal year will not
be used by such State or that a State is not eligible to
receive funds under section 1901, the Director shall award
such funds to units of local government in such State giv-
ing priority to the units of local government that the Di-
rector considers to have the greatest need.
‘‘(c) FEDERAL SHARE.—The Federal share of a
grant made under this part may not exceed 75 percent
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of the total costs of the projects described in the applica-
tion submitted under section 1902(a) for the fiscal year
for which the projects receive assistance under this part.
‘‘SEC. 1906. EVALUATION.
‘‘(a) IN GENERAL.—(1) Each State and local unit of
government that receives a grant under this part 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.
‘‘(2) The Director may waive the requirement speci-
fied in paragraph (1) if the Director determines that such
evaluation is not warranted in the case of the State or
unit of local government involved.
‘‘(b) DISTRIBUTION.—The Director shall make avail-
able to the public on a timely basis evaluations received
under subsection (a).
‘‘(c) ADMINISTRATIVE COSTS.—A State and local
unit of government may use not more than 5 percent of
funds it receives under this part to develop an evaluation
program under this section.’’.
(b) CONFORMING AMENDMENT.—The table of con-
tents of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended