[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2899 Introduced in House (IH)]

103d CONGRESS
  1st Session
                                H. R. 2899

 To require each State to undertake a comprehensive examination of the 
State's criminal sentencing practices and to adopt a sentencing system 
consistent with that review and to help fund additional space in State 
                       prison programs as needed.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             August 5, 1993

  Mr. Royce introduced the following bill; which was referred to the 
                       Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To require each State to undertake a comprehensive examination of the 
State's criminal sentencing practices and to adopt a sentencing system 
consistent with that review and to help fund additional space in State 
                       prison programs as needed.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Violent and Repeat Offender 
Accountability Act of 1993''.

SEC. 2. FINDINGS AND PURPOSE.

    (a) Findings.--The Congress finds that--
            (1) it is the responsibility of the Federal Government to 
        provide States help in certain areas, including efforts to 
        reduce violent crime;
            (2) Federal legislation relating to criminal justice, 
        including the Racketeer Influenced and Corrupt Organizations 
        Act (``RICO'') and the Federal Sentencing Guidelines, has been 
        very effective in dealing with crimes to which the legislation 
        applies;
            (3) the responsibility for protecting citizens against most 
        violent crimes and for punishing most violent criminal 
        offenders is primarily a matter of State and local governance;
            (4) violent crimes nationwide have risen dramatically and 
        constitute a national priority of the highest order;
            (5) the persistence and increasing incidence of violent 
        crime, despite the efforts of State and local governments, has 
        resulted in a vastly increased Federal role in this area, and 
        there is pressure for even greater Federal involvement in 
        criminal matters traditionally handled by State and local 
        governments;
            (6) the Federal courts especially have become overburdened 
        with criminal matters more properly handled by State and local 
        governments;
            (7) a major impetus for this increased Federal role in 
        combating violent crime is the lack of effective tools with 
        which State and local governments can prosecute violent 
        criminal offenders;
            (8) a more uniform, proportionate, and appropriately 
        punitive system of sentencing for violent criminal offenders 
        would serve both to reduce the incidence of violent crime and 
        to reduce the need for direct Federal involvement in criminal 
        matters traditionally handled by State and local governments;
            (9) a more appropriate and effective role for the Federal 
        Government in the struggle against most violent crime is to 
        encourage each State to take the steps necessary to reduce 
        crime in such State which would also reduce the national crime 
        rate;
            (10) the United States Sentencing Guidelines have proven to 
        be an effective means of achieving, at the Federal level, a 
        more uniform, proportionate, and appropriately punitive 
        criminal sentencing system; and
            (11) each State should be required to analyze its criminal 
        sentencing system and to consider whether the adoption of a 
        revised sentencing system would enable it to combat violent 
        crime more effectively.
    (b) Purposes.--The purposes of this Act are--
            (1) to require each State to undertake a comprehensive 
        examination of the State's criminal sentencing scheme and to 
        create a sentencing system which more effectively governs the 
        sentencing of violent offenders; and
            (2) to provide funds to States that comply with the 
        requirements of section 5(b) to implement necessary changes to 
        the State criminal sentencing system, including increasing the 
        capacity of State correctional facilities if necessary.

SEC. 3. DEFINITION.

    For the purpose of this Act, the term ``State'' means any State of 
the United States.

SEC. 4. STATE SENTENCING REVIEWS.

    (a) In General.--Each State, in order to be eligible for funds 
under this Act, must conduct a systematic review of its criminal 
sentencing laws and practices.
    (b) State Sentencing Reviews.--Not later than one year after the 
date of enactment of this Act, the government of each State shall 
submit to the Attorney General a report detailing the results of the 
State's review of its criminal sentencing system. The report also shall 
include the following:
            (1) An analysis of the State statutory criminal sentencing 
        scheme, including information regarding murder (all degrees), 
        arson, burglary, assault, robbery, kidnapping, extortion, rape, 
        and child molestation. This analysis should include--
                    (A) the minimum and maximum sentence available for 
                each offense;
                    (B) the basis for distinguishing between different 
                degrees of the same offense;
                    (C) whether factors in addition to the actual crime 
                (such as criminal history, victim impact, or use of a 
                weapon) should be considered by the sentencing 
                authority; and
                    (D) whether probation or some other non-custodial 
                alternatives to incarceration are a sentencing option.
            (2) An analysis of the sentences actually imposed by State 
        court judges for the crimes listed in paragraph (1).
            (3) An analysis of the time which has actually been served 
        for the conviction of crimes listed in paragraph (1).
            (4) An analysis of the practices and procedures of the 
        State relating to probation, parole, and other alternatives to 
        incarceration, with particular emphasis on crimes which have 
        been committed by convicted criminals while on parole or 
        probation or otherwise not incarcerated.
            (5) An analysis of whether the State sentencing system 
        permits or requires the sentencing authority to order convicted 
        criminals to pay restitution to the victim, the victim's 
        family, or the State, and the percentage of restitution orders 
        which are actually collected.
            (6) An analysis of whether and under what circumstances 
        State law permits the pretrial detention without bond of 
        dangerous offenders.
            (7) An analysis of whether and under what circumstances 
        State law gives victims the right to be informed, present, and 
        heard at all critical stages of a case from arrest through 
        parole.
            (8) An analysis of whether and how State law establishes 
        post conviction relief procedures which limit repetitive 
        challenges by convicted offenders.
            (9) An analysis of State law regarding the application of 
        adult sentencing laws to juvenile offenders charged with the 
        crimes listed in section 4(b)(1) of this Act.
            (10) An analysis of the State prison capacity and whether 
        court orders limit, or otherwise impact such capacity and 
        whether a lack of capacity impacts sentencing or release 
        decisions at the judicial or administrative level.

SEC. 5. STATE SENTENCING SYSTEMS.

    (a) In General.--Each State, in order to comply with this Act, must 
submit for approval a plan to the Attorney General that evaluates the 
criminal sentencing system and, if necessary, creates a sentencing 
system which complies with the requirements of subsection (b).
    (b) State Sentencing System.--In addition to responding to the 
reporting requirement of section 4(b) of this Act, the State, in a 
subsequent report to the Attorney General, shall describe in detail any 
changes in the State's criminal sentencing system designed to meet the 
requirements of this Act. The elements of a sentencing system that the 
States must have in order to be in compliance with this Act shall 
include at least the following:
            (1) State constitutional or statutory authority for 
        pretrial detention of dangerous criminals.
            (2) Mandatory minimum prison sentences, which do not allow 
        probation or suspension of sentence, for violent offenders or 
        repeat offenders who--
                    (A) intentionally or knowingly inflict serious 
                physical injury;
                    (B) use or exhibit deadly weapons in the commission 
                of the crimes listed in section 4(b)(1) of this Act.
                    (C) commit violent or sexual offenses against 
                children; and
                    (D) commit sexual assault.
            (3) Mandatory life sentence with no release for third or 
        subsequent conviction of violent crime.
            (4) Truth in sentencing provisions which restrict parole, 
        good-time credit release for violent offenders, or other forms 
        of early release to not more than a total reduction of 15 
        percent of the sentence imposed.
            (5) State constitutional or statutory provisions which 
        guarantee to victims the right to be informed, present, and 
        heard at all critical stages of the criminal case, and 
        provisions to ensure the collection, tracking, and enforcement 
        of restitution from the offender in all cases involving 
        economic loss to the victim.

SEC. 6. FUNDING AND COMPLIANCE.

    (a) Funding.--There shall be available to carry out the purposes of 
this Act, for fiscal year 1994, $1,000,000; for fiscal year 1995, 
$1,500,000; for fiscal year 1996, $2,000,000; for fiscal year 1997, 
$2,500,000; and for fiscal year 1998, $3,000,000; from amounts 
appropriated for foreign operations during such fiscal years 
(specifically from the amounts allocated for the Multilateral 
Development Banks, the International Development Association, the 
Agency for International Development, Public Law 83-480, and the 
Export-Import Development Bank) and from amounts appropriated from 
Federal land purchases and from amounts appropriated for trade 
promotion activities and travel and tourism activities.
    (b) Federal Share.--The Federal share of a grant made under this 
Act may not exceed 50 percent of the total costs of the projects which 
receive funds under this Act.
    (c) Compliance.--Beginning 3 years after the date of enactment of 
this Act, the Attorney General shall eliminate funding to a State that 
does not comply with the requirements of this Act.

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