I
103D CONGRESS
1ST SESSION
H. R. 2892
To provide for Federal-State partnerships in order to provide sufficient prison
space for particularly dangerous State offenders.
IN THE HOUSE OF REPRESENTATIVES
AUGUST 5, 1993
Mr. MCCOLLUM introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To provide for Federal-State partnerships in order to provide
sufficient prison space for particularly dangerous State
offenders.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Violent Crime Control
and Regional Prison Partnership Act of 1993’’.
SEC. 2. FEDERAL-STATE PARTNERSHIPS FOR REGIONAL
PRISONS.
(a) PLAN CREATED BY ATTORNEY GENERAL.—The
Attorney General shall—
(1) establish a Regional Prison Task Force
comprised of—
(A) the Director of the Federal Bureau of
Prisons; and
(B) a senior correctional officer of each
State wishing to participate, who is designated
for this purpose by the Governor of the State;
and
(2) create a plan, in consultation with the Re-
gional Prison Task Force for the establishment of a
nationwide regional prison system, and report that
plan to the Committees on the Judiciary and Appro-
priations of the House of Representatives and the
Senate not later than 180 days after the date of the
enactment of this Act.
(b) SCOPE OF PLAN.—The plan shall—
(1) define the boundaries and number of re-
gions in which regional prisons will be placed;
(2) establish the terms of the partnership
agreements that States must enter into with the At-
torney General in order to participate in the regional
prison system;
(3) set forth the extent of the role of the Fed-
eral Bureau of Prisons in administering the prisons;
(4) determine the way 2 or more States in a re-
gion will share responsibility for the activities associ-
ated with the regional prisons; and
(5) specify both the Federal responsibility and
the State responsibility (which shall not be less than
50 percent) for construction costs and operating
costs of the regional prisons.
(c) STATE ELIGIBILITY.—No State may send any
prisoner to be held at a regional prison established under
this section unless such State, as determined by the Attor-
ney General—
(1) enters into a partnership agreement under
this section and abides substantially by its terms;
(2) establishes minimum mandatory sentences
of 10 years for persons who are convicted of a seri-
ous felony and are subsequently convicted of a crime
of violence involving the use of a firearm or a crime
of violence involving a sexual assault;
(3) establishes a truth in sentencing policy
under which offenders will serve no less than 85 per-
cent of the term of imprisonment to which they are
sentenced—
(A) after the date the State enters into the
partnership agreement, with respect to crimes
of violence involving the use of a firearm or a
crime of violence involving a sexual assault; and
(B) after a date set by the State which is
not later than 2 years after that State enters
into such agreement, with respect to all other
crimes of violence and serious drug trafficking
offenses;
(4) provides pretrial detention similar to that
provided in the Federal system under section 3142
of title 18, United States Code;
(5) takes steps to eliminate court imposed limi-
tations on its prison capacity resulting from consent
decrees or statutory provisions; and
(6) provides adequate assurances that—
(A) such State will not use the regional
prison system to supplant any part of its own
system; and
(B) funds provided by the State for the
construction of regional prisons under this sec-
tion will be in addition to what would otherwise
have been made available for the construction
and operation of prisons by the State.
(d) PRISONER ELIGIBILITY.—A State which is eligi-
ble under this section may send prisoners convicted of
State crimes to serve their prison sentence in the regional
prison established under this section if—
(1) the prisoner has been convicted of not less
than 2 crimes of violence or serious drug trafficking
offenses and then commits a crime of violence in-
volving the use of a firearm or a crime of violence
involving a sexual assault; or
(2) the prisoner is an illegal alien convicted of
a felony offense punishable by more than 1 year’s
imprisonment.
(e) DEFINITIONS.—As used in this section—
(1) the term ‘‘crime of violence’’ is a felony of-
fense that is—
(A) punishable by imprisonment for a term
exceeding one year; and
(B) a crime of violence as defined in sec-
tion 16 of title 18, United States Code;
(2) the term ‘‘serious drug trafficking offense’’
is a felony offense that is—
(A) punishable by imprisonment for a term
exceeding one year; and
(B) defined in section 924(e)(2)(A) of title
18, United States Code;
(3) the term ‘‘serious felony’’ means a felony
punishable by imprisonment for a term exceeding 1
year, or any act of juvenile delinquency involving the
use or carrying of a firearm, knife, or destructive de-
vice that would be punishable by imprisonment for
such term if committed by an adult, that—
(A) has as an element the use, attempted
use, or threatened use of physical force against
the person of another;
(B) is burglary, arson, or extortion, in-
volves use of explosives, or otherwise involves
conduct that presents a serious potential risk of
physical injury to another; or
(C) involves conduct in violation of section
401 of the Controlled Substances Act that con-
sists of illegal distribution of a controlled sub-
stance;
(4) the term ‘‘crime of violence involving a sex-
ual assault’’ is a crime of violence that is an offense
as defined in chapter 109A of title 18, United States
Code; and
(5) the term ‘‘State’’ includes the District of
Columbia, Puerto Rico, and any other territory or
possession of the United States.
(f) REGIONAL PRISON FUND.—There is established
in the Treasury the Regional Prison Fund. The Regional
Prison Fund shall consist of—
(1) sums appropriated to it by Act of Congress;
(2) notwithstanding section 1401 of the Victims
of Crime Act of 1984 (42 U.S.C. 10601) or any
other provision of law, the total of criminal fines de-
posited in the Crime Victims Fund during each fis-
cal year (beginning after the date of the enactment
of this Act) that exceeds $150,000,000;
(3) notwithstanding any other provision of law,
any portion of the Department of Justice Asset For-
feiture Fund that the Attorney General determines
is remaining after distributions of—
(A) funds to be shared with State and
local law enforcement;
(B) funds to pay warehouse and appraisal
fees and innocent lien holders; and
(C) funds for Federal law enforcement.
(g) TRANSFERS.—The Secretary of the Treasury
shall from time to time make appropriate transfers be-
tween funds to implement subsection (f).
(h) USE OF REGIONAL PRISON FUND.—The Attor-
ney General may use any sums in the Regional Prison
Fund to carry out this section.
(i) AUTHORIZATION
OF APPROPRIATIONS.—There
are authorized to be appropriated to the Regional Prison
Fund—
(1) $1,000,000,000 for each of fiscal years
1994 through 1996; and
(2) such sums as may be necessary thereafter
through fiscal year 2004.
Æ