[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 1511 Introduced in Senate (IS)]

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.

    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 Crime Prevention Act of 
1993''.

 TITLE I--ELIMINATION OF ``GOOD TIME'' FOR VIOLENT AND REPEAT OFFENDERS

SEC. 101. FEDERAL PRISONERS.

    Section 3624(b) of title 18, United States Code, is amended in the 
first sentence by inserting ``(other than a prisoner who has been 
convicted of a crime of violence or has been convicted of more than 1 
felony)'' after ``prisoner''.

SEC. 102. STATE PRISONERS.

    (a) In General.--Section 506(f) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3756(f)), as amended by subsection 
(c), is amended by adding at the end the following new paragraph:
    ``(2)(A) If, on the first day of a fiscal year, a State does not 
meet the requirement of subparagraph (B), the Director shall reduce the 
amount of funds that would otherwise be allocated to the State under 
subsection (a) by 100 percent.
    ``(B)(i) The requirement of this subparagraph is met if the law of 
a State does not permit the crediting of any amount of time toward 
service of a sentence by a prisoner described in clause (ii) as a 
reward for having been in compliance with prison disciplinary 
regulations or otherwise having been on good behavior during any period 
of time.
    ``(ii) A prisoner is described in this clause if the prisoner has 
been convicted of a crime of violence (as defined in section 16 of 
title 18, United States Code) or has been convicted of more than 1 
felony.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect with respect to the first fiscal year that begins after the 
date that is 3 years after the date of enactment of this Act and each 
fiscal year thereafter.
    (c) Technical Amendment of Existing Law to Accomodate Further 
Amendment.--Section 506(f) of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3756(f)) is amended--
            (1) in subsection (a) by striking ``Of'' and inserting 
        ``Subject to subsection (f), of'';
            (2) in subsection (e) by striking ``or (e)''; and
            (3) by amending subsection (f) to read as follows:
    ``(f)(1)(A) If, on the first day of a fiscal year, a State does not 
meet the requirements of subparagraph (B), the Director shall reduce 
the amount of funds that would otherwise be allocated to the State 
under subsection (a) by 10 percent.
    ``(B)(i) The requirements of this subparagraph are met if a State 
has in effect a law that requires State officials, at the request of 
the victim of an offense involving the commission of a sexual act--
            ``(I) to administer to a defendant convicted under State 
        law of such an offense (or adjudicated in juvenile proceedings 
        to have committed such an offense), a test to detect in the 
        defendant the presence of the etiologic agent for acquired 
        immune deficiency syndrome;
            ``(II) to disclose the results of the test to the defendant 
        and the victim; and
            ``(III) to provide the victim counseling regarding HIV 
        disease, HIV testing in accordance with applicable law, and 
        referral for appropriate health care and support services,
and it is the policy and practice of the State to comply with that law.
    ``(ii) In this paragraph, the term `sexual act' means a sexual act 
within the meaning of subparagraph (A) or (B) of the definition of 
`sexual act' in section 2245 of title 18, United States Code.''.

                    TITLE II--BOOT CAMPS AND PRISONS

SEC. 201. BOOT CAMPS.

    (a) In General.--
            (1) Establishment.--Not later than 1 year after the date of 
        enactment of this Act, the Attorney General shall establish 
        within the Bureau of Prisons 10 military-style boot camp 
        prisons (referred to as ``boot camps'').
            (2) Location.--The boot camps shall be located on closed 
        military installations on sites to be chosen by the Director of 
        the Bureau of Prisons, after consultation with the Director of 
        National Drug Control Policy.
            (3) Regimen.--The boot camps shall provide--
                    (A) a highly regimented schedule of strict 
                discipline, physical training, work, drill, and 
                ceremony characteristic of military basic training; and
                    (B) remedial education and treatment for substance 
                abuse.
    (b) Capacity.--
            (1) Total number.--Each boot camp shall be designed to 
        accommodate between 200 and 300 prisoners for periods of not 
        less than 90 days and not greater than 120 days.
            (2) Mix of federal and state prisoners.--Of the inmates 
        held in the boot camps--
                    (A) not more than 20 percent shall be Federal 
                prisoners; and
                    (B) the remainder shall be State prisoners who are 
                accepted for participation in the boot camp program 
                pursuant to subsection (d).
    (c) Federal Prisoners.--Section 3582 of title 18, United States 
Code, is amended by adding at the end the following new subsection:
    ``(e) Boot Camp Prison as a Sentencing Alternative.--(1) The court, 
in imposing sentence in the circumstances described in paragraph (2), 
may designate the defendant as a prisoner eligible for placement in a 
boot camp prison. The Director of the Bureau of Prisons shall determine 
whether a defendant so designated will be assigned to a boot camp 
prison.
    ``(2) A defendant may be designated as a prisoner eligible for 
placement in boot camp prison if--
            ``(A) the defendant--
                    ``(i) is under 25 years of age;
                    ``(ii) has no prior conviction for which the 
                defendant has served more than 10 days' incarceration; 
                and
                    ``(iii) has been convicted of--
                            ``(I) an offense involving a controlled 
                        substance punishable under the Controlled 
                        Substances Act (21 U.S.C. 801 et seq.) or the 
                        Controlled Substances Export and Import Act (21 
                        U.S.C. 951 et seq.); or
                            ``(II) any other offense if the defendant, 
                        at the time of arrest or at any time 
                        thereafter, tested positive for the presence of 
                        a controlled substance in his or her blood or 
                        urine; and
            ``(B) the court finds that the defendant's total offense 
        level under the sentencing guidelines is level 15 or less.
    ``(3) If the Director of the Bureau of Prisons finds that a 
prisoner placed in a boot camp prison pursuant to this subsection has 
willfully refused to comply with the conditions of confinement in the 
boot camp, the Director may transfer the inmate to any other 
correctional facility in the Federal prison system.
    ``(4) Successful completion of assignment to a boot camp shall 
constitute satisfaction of any period of active incarceration, but 
shall not affect any aspect of a sentence relating to a fine, 
restitution, or supervised release.''.
    (d)  State Prisoners.--
            (1) Application.--The head of a State corrections 
        department or the head's designee may apply for boot camp 
        placement for a defendant who has been convicted of a criminal 
        offense in that State, or who anticipates entering a plea of 
        guilty of such offense, but who has not yet been sentenced.
            (2) Form.--An application under paragraph (1) shall--
                    (A) be made to the Director of the Bureau of 
                Prisons;
                    (B) be in the form designated by the Director of 
                the Bureau of Prisons; and
                    (C) contain a statement certified by the head of 
                the State corrections department or the head's designee 
                that at the time of sentencing the defendant is likely 
                to be eligible for assignment to a boot camp pursuant 
                to paragraph (2).
            (3) Response.--The Director of the Bureau of Prisons shall 
        respond to an application under paragraph (1) within 30 days so 
        that the sentencing court is aware of the result of the 
        application at the time of sentencing.
            (4) Determination of assignment.--In responding to an 
        application under paragraph (1), the Director of the Bureau of 
        Prisons shall determine, on the basis of the availability of 
        space, whether a defendant who becomes eligible for assignment 
        to a boot camp prison at the time of sentencing will be 
        assigned to a boot camp.
            (5) Eligibility.--A defendant who is convicted of a State 
        criminal offense shall be eligible for assignment to a boot 
        camp if the defendant--
                    (A) is under 25 years of age;
                    (B) has no prior conviction for which the defendant 
                has served more than 10 days' incarceration;
                    (C) has been sentenced to a term of imprisonment 
                that will be satisfied under the law of the sentencing 
                State if the defendant successfully completes a term of 
                not less than 90 days nor more than 120 days in a boot 
                camp;
                    (D) has been designated by the court as a prisoner 
                eligible for assignment to a boot camp; and
                    (E) has been convicted of--
                            (i) an offense involving a controlled 
                        substance (as defined in section 102 of the 
                        Controlled Substances Act (21 U.S.C. 802)); or
                            (ii) any other offense if the defendant is 
                        eligible for assignment to a boot camp under 
                        State law.
            (6) Return of prisoner for failure to comply with 
        conditions of confinement.--If the Director of the Bureau of 
        Prisons finds that a prisoner placed in a boot camp prison 
        pursuant to this subsection has willfully refused to comply 
        with the conditions of confinement in the boot camp, the 
        Director may return the prisoner to the jurisdiction of the 
        State sentencing court.
            (7) Reimbursement of costs of incarceration.--(A) A State 
        that refers a prisoner to a boot camp shall reimburse the 
        Bureau of Prisons for the full cost of the incarceration of the 
        prisoner, except that if the prisoner successfully completes 
        the boot camp program, the Director of the Bureau of Prisons 
        shall return to the State 20 percent of the amount paid for the 
        prisoner.
            (B) The amount returned to a State under subparagraph (A) 
        in each fiscal year shall be used by the State to provide the 
        aftercare supervision and services required by subsection (e).
    (e) Postrelease Supervision.--
            (1) State aftercare plan.--A State that seeks to refer a 
        State prisoner to a boot camp prison shall submit to the 
        Director of the Bureau of Prisons an aftercare plan setting 
        forth--
                    (A) the provisions that the State will make for the 
                continued supervision of the prisoner following 
                release; and
                    (B) provisions for educational and vocational 
                training and drug or other counseling and treatment 
                where appropriate.
            (2) Federal aftercare plan.--The Director of the Bureau of 
        Prisons shall develop an aftercare plan setting forth--
                    (A) the provisions that will be made for the 
                continued supervision of Federal prisoners following 
                release; and
                    (B) provisions for educational and vocational 
                training and drug or other counseling and treatment 
                where appropriate.
    (f) Authorization of Appropriations.--
            (1) In general.--There are authorized to be appropriated 
        $150,000,000 for fiscal year 1995, to remain available until 
        expended, of which--
                    (A) not more than $12,500,000 shall be used to 
                convert each closed military base to a boot camp 
                prison; and
                    (B) not more than $2,500,000 shall be used to 
                operate each boot camp for a fiscal year.
            (2) Amounts in addition.--Amounts appropriated under 
        paragraph (1) shall be in addition to any other amounts 
        authorized to be appropriated to the Bureau of Prisons.

SEC. 202. CONVERSION OF PROPERTY AND FACILITIES AT CLOSED OR REALIGNED 
              MILITARY INSTALLATIONS INTO REGIONAL PRISONS.

    (a) Definition.--In this section, ``base closure law'' means--
            (1) title II of the Defense Authorization Amendments and 
        Base Closure and Realignment Act (10 U.S.C. 2687 note);
            (2) the Defense Base Closure and Realignment Act of 1990 
        (part A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 
        note);
            (3) section 2687 of title 10, United States Code; and
            (4) any other similar law.
    (b) Transfer of Military Installations.--
            (1) Determination of suitability for conversion.--
        Notwithstanding any base closure law, the Secretary of Defense 
        may not take any action to dispose of or transfer any real 
        property or facility located at a military installation to be 
        closed or realigned under a base closure law until the 
        Secretary notifies the Attorney General of any property or 
        facility at that installation that is suitable for conversion 
        for use as a minimum-to-medium security regional prison. The 
        Secretary of Defense shall endeavor to identify at least 10 
        such properties or facilities located in various regions of the 
        country.
            (2) Transfer.--The Secretary of Defense shall, upon the 
        request of the Attorney General, transfer to the Attorney 
        General, without reimbursement, the property or facilities 
        covered by the notification referred to in paragraph (1) in 
        order to permit the Attorney General to convert the property or 
        facilities for use as a regional prison.
            (3) Applicability.--This subsection shall apply with 
        respect to property or facilities located at military 
        installations the closure or realignment of which commences 
        after the date of enactment of this Act.
    (c) Conversion and Operation of Regional Prisons.--The Attorney 
General shall--
            (1) acquire from the Secretary of Defense at least 10 
        former military facilities that are suitable for conversion to 
        minimum-to-medium security prisons; and
            (2) convert and operate such prisons.
    (d) Prison Populations.--Each regional prison shall be used to 
accommodate a population consisting of approximately 20 percent Federal 
prisoners and 80 percent State prisoners.
    (e) Goal in Selection of Prisoners.--In selecting from among 
prisoners those who will be transferred to a regional prison, the 
Director of the Bureau of Prisons and a State shall endeavor to select 
nonviolent, minimum-to-medium security risk prisoners whose continued 
confinement will have the greatest impact on the crime rate and future 
prison overcrowding.
    (f) Payment of Costs.--A State that transfers a prisoner to a 
regional prison shall reimburse the Director of the Bureau of Prisons 
for the full cost of the incarceration of the prisoner.
    (g) Determinations by the Director.--
            (1) Prisoner eligibility.--The Director of the Bureau of 
        Prisons shall have the exclusive right to determine, after the 
        staff of a regional prison has had an opportunity to interview 
        a Federal or State prisoner in person, whether, in view of any 
        circumstances that the Director considers to be relevant, a 
        transfer of the prisoner should be accepted.
            (2) Prisoner compliance with conditions.--The Director of 
        the Bureau of Prisons shall have the exclusive right to place 
        conditions on the continued incarceration of a prisoner in a 
        regional prison and to determine whether a prisoner in a 
        regional prison is complying with those conditions.
    (h) Return of Noncompliant Prisoner.--Upon determining that a 
prisoner in a regional prison is not in compliance with a condition for 
continued incarceration in a regional prison, the Director may, upon 
notification to the transferring State of that determination, return 
the prisoner to the transferring State.
    (i) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section, in addition to any other 
amounts authorized to be appropriated to the Bureau of Prisons, 
$700,000,000 for fiscal year 1995, to remain available until expended.

                     TITLE III--SENTENCING REPORTS

SEC. 301. FEDERAL DEFENDANTS.

    (a) In General.--For each year, the Attorney General shall prepare 
and make available to the public an annual report on the sentences that 
were imposed by each Federal judge during the preceding year on 
defendants convicted of felonies under Federal law.
    (b) Contents.--A report under subsection (a) shall include for each 
defendant and each offense of which the defendant was convicted--
            (1) the name of the court and judge that imposed the 
        sentence;
            (2) the provision of law in which the offense is stated and 
        sentence is authorized;
            (3) the range of the sentence that the court was authorized 
        to impose under that provision of law;
            (4) a brief description of the circumstances of the offense 
        sufficient to inform a person concerning the severity of the 
        offense, including any salient aggravating and mitigating 
        factors; and
            (5) the sentence that was imposed.

SEC. 302. STATE PRISONERS.

    (a) In General.--Section 506(f) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3756(f)), as amended by 
section 101(a), is amended by adding at the end the following new 
paragraph:
    ``(3)(A) If, on the first day of a fiscal year, a State does not 
meet the requirements of subparagraph (B), the Director shall reduce 
the amount of funds that would otherwise be allocated to the State 
under subsection (a) by 100 percent.
    ``(B)(i) The requirements of this subparagraph are met if the law 
of a State provides that for each year an appropriate official shall 
prepare and make available to the public an annual report, meeting the 
requirements of clause (ii), on the sentences that were imposed by each 
State judge during the preceding year on defendants convicted of 
felonies under State law.
    ``(ii) A report under clause (i) meets the requirements of this 
paragraph if the report includes for each defendant and each offense of 
which the defendant was convicted--
            ``(I) the name of the court and judge that imposed the 
        sentence;
            ``(II) the provision of law in which the offense is stated 
        and sentence is authorized;
            ``(III) the range of the sentence that the court was 
        authorized to impose under that provision of law;
            ``(IV) a brief description of the circumstances of the 
        offense sufficient to inform a person concerning the severity 
        of the offense, including any salient aggravating and 
        mitigating factors; and
            ``(V) the sentence that was imposed.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect with respect to the first fiscal year that begins after the 
date that is 3 years after the date of enactment of this Act and each 
fiscal year thereafter.

                 TITLE IV--VICTIM'S RIGHT OF ALLOCUTION

SEC. 401. FEDERAL PRISONERS.

    Rule 32 of the Federal Rules of Criminal Procedure is amended--
            (1) by striking ``and'' at the end of subdivision 
        (a)(1)(B);
            (2) by striking the period at the end of subdivision 
        (a)(1)(C) and inserting ``; and'';
            (3) by inserting after subdivision (a)(1)(C) the following:
            ``(D) if sentence is to be imposed for a crime of violence 
        or sexual abuse, address the victim personally if the victim is 
        present at the sentencing hearing and determine if the victim 
        wishes to make a statement and to present any information in 
        relation to the sentence.'';
            (4) in the penultimate sentence of subdivision (a)(1) by 
        striking ``equivalent opportunity'' and inserting ``opportunity 
        equivalent to that of the defendant's counsel'';
            (5) in the last sentence of subdivision (a)(1) by inserting 
        ``the victim,'' before ``, or the attorney for the 
        Government.''; and
            (6) by adding at the end the following new subdivision:
    ``(f) Definitions.--For purposes of this rule--
            ``(1) `crime of violence or sexual abuse' means a crime 
        that involved the use or attempted or threatened use of 
        physical force against the person or property of another, or a 
        crime under chapter 109A of title 18, United States Code; and
            ``(2) `victim' means an individual against whom an offense 
        for which a sentence is to be imposed has been committed, but 
        the right of allocution under subdivision (a)(1)(D) may be 
        exercised instead by--
                    ``(A) a parent or legal guardian if the victim is 
                below the age of 18 years or incompetent; or
                    ``(B) one or more family members or relatives 
                designated by the court if the victim is deceased or 
                incapacitated,
        if such person or persons are present at the sentencing 
        hearing, regardless of whether the victim is present.''.

SEC. 402. STATE PRISONERS.

    (a) In General.--Section 506(f) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3756(f)), as amended by 
section 102(a), is amended by adding at the end the following new 
paragraph:
    ``(3)(A) If, on the first day of a fiscal year, a State does not 
meet the requirements of subparagraph (B), the Director shall reduce 
the amount of funds that would otherwise be allocated to the State 
under subsection (a) by 100 percent.
    ``(B) The requirements of this subparagraph are met if the law of a 
State (including rules of court or any other source of law) provides 
for a crime victim's right of allocution at a sentencing hearing at 
least in the circumstances and at least to the extent that that right 
is afforded under rule 32(a)(1)(D) of the Federal Rules of Criminal 
Procedure, and in addition provides a similar right at any subsequent 
parole hearing.''.
    (b) Effective Date.--The amendment made by subsection (a) shall 
take effect with respect to the first fiscal year that begins after the 
date that is 3 years after the date of enactment of this Act and each 
fiscal year thereafter.

                                 <all>

S 1511 IS----2