[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 415 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 415

  To require the Attorney General to establish 10 military-style boot 
                             camp prisons.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

             February 24 (legislative day, January 5), 1993

   Mr. Boren introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To require the Attorney General to establish 10 military-style boot 
                             camp prisons.

    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 ``Boot Camp Prison Act of 1993''.

SEC. 2. FINDINGS.

    The Congress makes the following findings:
            (1) The Federal prisons are greatly overcrowded. Although 
        the Federal prison system had a maximum capacity of only 50,707 
        inmates as of December 17, 1992, on that date it housed 72,191 
        inmates.
            (2) The prisoner populations of both Federal and State 
        prisons have been increasing rapidly and are expected to 
        continue to increase in part because of the effect of the 
        Federal Sentencing Guidelines. In fiscal year 1993, the Federal 
        prison population will be approximately 79,000, growing to 
        about 92,000 in fiscal year 1995 and 109,000 in fiscal year 
        1998.
            (3) The average cost of constructing a medium security 
        Federal prison is $53,173 per bed. The average cost of housing 
        a Federal inmate is $20,072 per year. This country needs to 
        find an effective and affordable alternative to our current 
        prison situation.
            (4) Boot camp prisons are an excellent solution to this 
        problem. Instituted originally in 1984 in the State prison 
        systems of Oklahoma and Georgia, the concept of boot camp 
        prisons has now spread to 25 States. Although incarceration in 
        a boot camp costs more per year because of counseling and 
        educational services, an inmate stays for a shorter period of 
        time (between 90 and 120 days), thus reducing total costs and 
        overcrowding. The boot camp prison system in the New York 
        Department of Correctional Services saved that State's 
        taxpayers an estimated $150,000,000 as of December 31, 1991.

SEC. 3. BOOT CAMPS.

    (a) In General.--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 in this 
section as ``boot camps'').
    (b) Locations.--The boot camps shall be located on closed military 
installations on sites to be chosen by the Director of the Bureau of 
Prisons.
    (c) Regimen.--The boot camps shall provide--
            (1) a highly regimented schedule of strict discipline, 
        physical training, work, drill, and ceremony characteristic of 
        military basic training;
            (2) remedial education;
            (3) counseling as appropriate; and
            (4) treatment for substance abuse.
    (d) Capacity.--Each boot camp shall be designed to accommodate 
between 200 and 300 inmates for periods of not less than 90 days and 
not greater than 120 days. Not more than 20 percent of the inmates 
shall be Federal prisoners. The remaining inmates shall be State 
prisoners who are accepted for participation in the boot camp program 
pursuant to subsection (f).
    (e) 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 eligible for placement in a boot camp 
prison. 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 eligible for placement in 
boot camp prison if--
            ``(A) the defendant--
                    ``(i) is under 25 years of age;
                    ``(ii) is able-bodied;
                    ``(iii) has been convicted of a serious but 
                nonviolent offense;
                    ``(iv) has no serious prior conviction for which he 
                or she has served more than 10 days of incarceration; 
                and
                    ``(v) consents to the designation; and
            ``(B) the sentencing court finds that the defendant's total 
        offense level under the Federal sentencing guidelines is level 
        15 or less.
    ``(3) If the Director of the Bureau of Prisons finds that an inmate 
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.''.
    (f) State Prisoners.--(1) The head of a State corrections 
department or the head's designee may apply for boot camp placement for 
any person 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. Such application shall be made to the 
Bureau of Prisons and shall be in the form designated by the Director 
of the Bureau of Prisons and shall contain a statement certified by the 
head of the State corrections department or the head's designee that at 
the time of sentencing the applicant is likely to be eligible for 
assignment to a boot camp pursuant to paragraph (2). The Bureau of 
Prisons shall respond to such applications within 30 days so that the 
sentencing court is aware of the result of the application at the time 
of sentencing. In responding to such applications, 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 so assigned.
    (2) A person convicted of a State criminal offense shall be 
eligible for assignment to a boot camp if he or she--
            (A) is under 25 years of age;
            (B) has no prior conviction for which he or she 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 sentencing court as eligible 
        for assignment to a boot camp; and
            (E) has consented to the designation.
    (3) If the Director of the Bureau of Prisons finds that an inmate 
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 back to the jurisdiction of the 
State sentencing court.
    (4) 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 Bureau of Prisons shall return to the State 20 
percent of the amount paid for that prisoner. The total amount returned 
to each State under this paragraph in each fiscal year shall be used by 
that State to provide the aftercare supervision and services required 
by paragraph (e).
    (g) Post-Release Supervision.--(1) Any State seeking 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 the provisions 
that the State will make for the continued supervision of the prisoner 
following release. The aftercare plan shall also contain provisions for 
educational and vocational training and drug or other counseling and 
treatment where appropriate.
    (2) The Bureau of Prisons shall develop an aftercare plan setting 
forth the provisions that will be made for the continued supervision of 
Federal prisoners following release. The aftercare plan shall also 
contain provisions for educational and vocational training and drug or 
other counseling and treatment where appropriate.
    (h) Evaluation and Report.--(1) Not later than 7 years and 6 months 
after the date of enactment of this Act, the Attorney General shall 
evaluate the boot camp prisons and report to Congress on the 
performance of the boot camp prisons.
    (2) The report under paragraph (1) shall include an assessment of--
            (A) the rate of recidivism of boot camp prisoners as 
        compared with similar defendants in conventional prisons;
            (B) the cost-effectiveness of boot camp prisons as compared 
        to conventional prisons; and
            (C) the program's effect on the overcrowding of 
        conventional prisons.
    (i) Termination.--The boot camp prison program shall be terminated 
on the date that is 8 years after the date of establishment of the 
first boot camp.
    (j) Authorization of Appropriations.--In addition to any other 
amounts authorized to be appropriated to the Bureau of Prisons, there 
are authorized to be appropriated $150,000,000 for fiscal year 1994, to 
remain available until expended, of which--
            (1) not more than $12,500,000 shall be used to convert each 
        closed military base to a boot camp prison; and
            (2) not more than $2,500,000 shall be used to operate each 
        boot camp for 1 fiscal year.

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