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.
Be it enacted by the Senate and House of Representa-
tives 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 ‘‘Direc-
tor’’) 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 Govern-
ment, 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 offend-
ers and foster a sense of respect for authority;
(2) training or vocational education which pro-
vides inmates with the tools necessary to confront
life tasks in a responsible manner and to find em-
ployment after release;
(3) treatment and counseling to all inmates who
are addicted to drugs or alcohol;
(4) a corrective, therapeutic environment de-
signed 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 compli-
ance 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 condi-
tions 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 applica-
tion to the Director in such form and containing such in-
formation 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 re-
quirements 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 ac-
cordance 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 re-
ceived 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 Direc-
tor 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 (eligi-
ble 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 discre-
tion to award such remaining funds to other participating
States for projects related to the establishment, evalua-
tion, 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 OF-
FENDERS
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 follow-
ing:
‘‘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 inten-
sive confinement center (commonly called a boot camp
prison), and any mandatory minimum sentence of impris-
onment otherwise required by this section shall not apply.
However, at any time during that incarceration, the ap-
propriate 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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