[Congressional Bills 104th Congress]
[From the U.S. Government Publishing Office]
[H.R. 667 Reported in House (RH)]
Union Calendar No. 8
104th CONGRESS
1st Session
H. R. 667
[Report No. 104-21]
To control crime by incarcerating violent criminals.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
January 25, 1995
Mr. McCollum introduced the following bill; which was referred to the
Committee on the Judiciary
February 6, 1995
Additional sponsors: Mr. Bryant of Tennessee, Mr. Bliley, and Mr.
English of Pennsylvania
February 6, 1995
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed
in italic]
[For text of introduced bill, see copy of bill as introduced on January
25, 1995]
_______________________________________________________________________
A BILL
To control crime by incarcerating violent criminals.
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 Criminal Incarceration Act
of 1995''.
TITLE I--TRUTH IN SENTENCING
SEC. 101. TRUTH IN SENTENCING GRANT PROGRAM.
Title V of the Violent Crime Control and Law Enforcement Act of
1994 is amended to read as follows:
``TITLE V--TRUTH IN SENTENCING GRANTS
``SEC. 501. AUTHORIZATION OF GRANTS.
``(a) In General.--The Attorney General is authorized to provide
grants to eligible States and to eligible States organized as a
regional compact to build, expand, and operate space in correctional
facilities in order to increase the prison bed capacity in such
facilities for the confinement of persons convicted of a serious
violent felony and to build, expand, and operate temporary or permanent
correctional facilities, including facilities on military bases and
boot camp facilities, for the confinement of convicted nonviolent
offenders and criminal aliens for the purpose of freeing suitable
existing prison space for the confinement of persons convicted of a
serious violent felony.
``(b) Limitation.--An eligible State or eligible States organized
as a regional compact may receive either a general grant under section
502 or a truth-in-sentencing incentive grant under section 503.
``SEC. 502. GENERAL GRANTS.
``(a) Distribution of General Grants.--50 percent of the total
amount of funds made available under this title for each of the fiscal
years 1995 through 2000 shall be made available for general eligibility
grants for each State or States organized as a regional compact that
meets the requirements of subsection (b).
``(b) General Grants.--In order to be eligible to receive funds
under subsection (a), a State or States organized as a regional compact
shall submit an application to the Attorney General that provides
assurances that such State since 1993 has--
``(1) increased the percentage of convicted violent
offenders sentenced to prison;
``(2) increased the average prison time actually to be
served in prison by convicted violent offenders sentenced to
prison; and
``(3) increased the percentage of sentence to be actually
served in prison by violent offenders sentenced to prison.
``SEC. 503. TRUTH-IN-SENTENCING GRANTS.
``(a) Truth-in-Sentencing Incentive Grants.--50 percent of the
total amount of funds made available under this title for each of the
fiscal years 1995 through 2000 shall be made available for truth-in-
sentencing incentive grants to each State or States organized as a
regional compact that meet the requirements of subsection (b).
``(b) Eligibility for Truth-in-Sentencing Incentive Grants.--In
order to be eligible to receive funds under subsection (a), a State or
States organized as a regional compact shall submit an application to
the Attorney General that provides assurances that each State applying
has enacted laws and regulations which include--
``(1)(A) truth-in-sentencing laws which require persons
convicted of a serious violent felony serve not less than 85
percent of the sentence imposed or 85 percent of the court-
ordered maximum sentence for States that practice indeterminate
sentencing; or
``(B) truth-in-sentencing laws which have been enacted, but
not yet implemented, that require such State, not later than
three years after such State submits an application to the
Attorney General, to provide that persons convicted of a
serious violent felony serve not less than 85 percent of the
sentence imposed or 85 percent of the court-ordered maximum
sentence for States that practice indeterminate sentencing, and
``(2) laws requiring that the sentencing or releasing
authorities notify and allow the victims of the defendant or
the family of such victims the opportunity to be heard
regarding the issue of sentencing and any postconviction release.
``SEC. 504. SPECIAL RULES.
``(a) Additional Requirements.--To be eligible to receive a grant
under section 502 or 503, a State or States organized as a regional
compact shall provide an assurance to the Attorney General that--
``(1) to the extent practicable, inmate labor will be used
to build and expand correctional facilities;
``(2) each State will involve counties and other units of
local government, when appropriate, in the construction,
development, expansion, modification, operation, or improvement
of correctional facilities designed to ensure the incarceration
of offenders, and that each State will share funds received
under this title with any county or other unit of local
government that is housing State prisoners, taking into account
the burden placed on such county or unit of local government in
confining prisoners due to overcrowding in State prison
facilities in furtherance of the purposes of this Act; and
``(3) the State has implemented or will implement, not
later than 18 months after the date of the enactment of the
Violent Criminal Incarceration Act of 1995, policies to
determine the veteran status of inmates and to ensure that
incarcerated veterans receive the veterans benefits to which
they are entitled.
``(b) Indeterminant Sentencing Exception.--Notwithstanding the
provisions of paragraphs (1) through (3) of section 502(b), a State
shall be eligible for grants under this title, if the State, not later
than the date of the enactment of this title--
``(1) practices indeterminant sentencing; and
``(2) the average times served in such State for the
offenses of murder, rape, robbery, and assault exceed, by 10
percent or greater, the national average of times served for
such offenses.
``(c) Exception.--The requirements under section 503(b) shall
apply, except that a State may provide that the Governor of the State
may allow for earlier release of a geriatric prisoner or a prisoner
whose medical condition precludes the prisoner from posing a threat to
the public after a public hearing in which representatives of the
public and the prisoner's victims have an opportunity to be heard
regarding a proposed release.
``SEC. 505. FORMULA FOR GRANTS.
``To determine the amount of funds that each eligible State or
eligible States organized as a regional compact may receive to carry
out programs under section 502 or 503, the Attorney General shall apply
the following formula:
``(1) $500,000 or 0.40 percent, whichever is greater, shall
be allocated to each participating State or compact, as the
case may be; and
``(2) of the total amount of funds remaining after the
allocation under paragraph (1), there shall be allocated to
each State or compact, as the case may be, an amount which
bears the same ratio to the amount of remaining funds described
in this paragraph as the population of such State or compact,
as the case may be, bears to the population of all the States.
``SEC. 506. ACCOUNTABILITY.
``(a) Fiscal Requirements.--A State or States organized as a
regional compact that receives funds under this title shall use
accounting, audit, and fiscal procedures that conform to guidelines
which shall be prescribed by the Attorney General.
``(b) Reporting.--Each State that receives funds under this title
shall submit an annual report, beginning on January 1, 1996, and each
January 1 thereafter, to the Congress regarding compliance with the
requirements of this title.
``(c) Administrative Provisions.--The administrative provisions of
sections 801 and 802 of the Omnibus Crime Control and Safe Streets Act
of 1968 shall apply to the Attorney General in the same manner as such
provisions apply to the officials listed in such sections.
``SEC. 507. AUTHORIZATION OF APPROPRIATIONS.
``(a) In General.--There are authorized to be appropriated to carry
out this title--
``(1) $997,500,000 for fiscal year 1996;
``(2) $1,330,000,000 for fiscal year 1997;
``(3) $2,527,000,000 for fiscal year 1998;
``(4) $2,660,000,000 for fiscal year 1999; and
``(5) $2,753,100,000 for fiscal year 2000.
``(b) Limitations on Funds.--
``(1) Uses of funds.--Funds made available under this title
may be used to carry out the purposes described in section
501(a).
``(2) Nonsupplanting requirement.--Funds made available
under this section shall not be used to supplant State funds,
but shall be used to increase the amount of funds that would,
in the absence of Federal funds, be made available from State
sources.
``(3) Administrative costs.--Not more than three percent of
the funds available under this section may be used for
administrative costs.
``(4) Matching funds.--The Federal share of a grant
received under this title may not exceed 75 percent of the
costs of a proposal as described in an application approved
under this title.
``(5) Carry over of appropriations.--Any funds appropriated
but not expended as provided by this section during any fiscal
year shall remain available until expended.
``SEC. 508. DEFINITIONS.
``As used in this title--
``(1) the term `indeterminate sentencing' means a system by
which--
``(A) the court has discretion on imposing the
actual length of the sentence imposed, up to the
statutory maximum; and
``(B) an administrative agency, generally the
parole board, controls release between court-ordered
minimum and maximum sentence;
``(2) the term `serious violent felony' means--
``(A) an offense that is a felony and has as an
element the use, attempted use, or threatened use of
physical force against the person or property of
another and has a maximum term of imprisonment of 10
years or more,
``(B) any other offense that is a felony and that,
by its nature, involves a substantial risk that
physical force against the person or property of
another may be used in the course of committing the
offense and has a maximum term of imprisonment of 10
years or more, or
``(C) such crimes including murder, assault with
intent to commit murder, arson, armed burglary, rape,
assault with intent to commit rape, kidnapping, and
armed robbery; and
``(3) the term `State' means a State of the United States,
the District of Columbia, or any commonwealth, territory, or
possession of the United States.''.
SEC. 102. CONFORMING AMENDMENTS.
(a) Omnibus Crime Control and Safe Streets Act of 1968.--
(1) Part v.--Part V of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is repealed.
(2) Funding.--(A) Section 1001(a) of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended by striking
paragraph (20).
(B) Notwithstanding the provisions of subparagraph (A), any
funds that remain available to an applicant under paragraph
(20) of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 shall be used in accordance with part V of such Act
as such Act was in effect on the day preceding the date of enactment of
this Act.
(b) Violent Crime Control and Law Enforcement Act of 1994.--
(1) Repeal.--(A) Subtitle A of title II of the Violent
Crime Control and Law Enforcement Act of 1994 is repealed.
(B) The table of contents of the Violent Crime Control and
Law Enforcement Act of 1994 is amended by striking the matter
relating to subtitle A of title II.
(2) Compliance.--Notwithstanding the provisions of
paragraph (1), any funds that remain available to an applicant
under subtitle A of title II of the Violent Crime Control and
Law Enforcement Act of 1994 shall be used in accordance with
such subtitle as such subtitle was in effect on the day
preceding the date of enactment of this Act.
(3) Truth-in-sentencing.--The table of contents of the
Violent Crime Control and Law Enforcement Act of 1994 is
amended by striking the matter relating to title V and
inserting the following:
``TITLE V--TRUTH-IN-SENTENCING GRANTS
``Sec. 501. Authorization of grants.
``Sec. 502. General grants.
``Sec. 503. Truth-in-sentencing grants.
``Sec. 504. Special rules.
``Sec. 505. Formula for grants.
``Sec. 506. Accountability.
``Sec. 507. Authorization of appropriations.
``Sec. 508. Definitions.''.
TITLE II--STOPPING ABUSIVE PRISONER LAWSUITS
SEC. 201. EXHAUSTION REQUIREMENT.
Section 7(a)(1) of the Civil Rights of Institutionalized Persons
Act (42 U.S.C. 1997e) is amended--
(1) by striking ``in any action brought'' and inserting
``no action shall be brought'';
(2) by striking ``the court shall'' and all that follows
through ``require exhaustion of'' and insert ``until''; and
(3) by inserting ``are exhausted'' after ``available''.
SEC. 202. FRIVOLOUS ACTIONS.
Section 7(a) of the Civil Rights of Institutionalized Persons Act
(42 U.S.C. 1997e(a)) is amended by adding at the end the following:
``(3) The court shall on its own motion or on motion of a party
dismiss any action brought pursuant to section 1979 of the Revised
Statutes of the United States by an adult convicted of a crime and
confined in any jail, prison, or other correctional facility if the
court is satisfied that the action fails to state a claim upon which
relief can be granted or is frivolous or malicious.''.
SEC. 203. MODIFICATION OF REQUIRED MINIMUM STANDARDS.
Section 7(b)(2) of the Civil Rights of Institutionalized Persons
Act (42 U.S.C. 1997e(b)(2)) is amended by striking subparagraph (A) and
redesignating subparagraphs (B) through (E) as subparagraphs (A)
through (D), respectively.
SEC. 204. PROCEEDINGS IN FORMA PAUPERIS.
(a) Dismissal.--Section 1915(d) of title 28, United States Code, is
amended--
(1) by inserting ``at any time'' after ``counsel and may'';
(2) by striking ``and may'' and inserting ``and shall'';
(3) by inserting ``fails to state a claim upon which relief
may be granted or'' after ``that the action''; and
(4) by inserting ``even if partial filing fees have been
imposed by the court'' before the period.
(b) Prisoner's Statement of Assets.--Section 1915 of title 28,
United States Code, is amended by adding at the end the following:
``(f) If a prisoner in a correctional institution files an
affidavit in accordance with subsection (a) of this section, such
prisoner shall include in that affidavit a statement of all assets such
prisoner possesses. The court shall make inquiry of the correctional
institution in which the prisoner is incarcerated for information
available to that institution relating to the extent of the prisoner's
assets. The court shall require full or partial payment of filing fees
according to the prisoner's ability to pay.''.
TITLE III--STOP TURNING OUT PRISONERS
SEC. 301. APPROPRIATE REMEDIES FOR PRISON CONDITIONS.
(a) In General.--Section 3626 of title 18, United States Code, is
amended to read as follows:
``Sec. 3626. Appropriate remedies with respect to prison conditions
``(a) Requirements for Relief.--
``(1) Limitations on prospective relief.--Prospective
relief in a civil action with respect to prison conditions
shall extend no further than necessary to remove the conditions
that are causing the deprivation of the Federal rights of
individual plaintiffs in that civil action. The court shall not
grant or approve any prospective relief unless the court finds
that such relief is narrowly drawn and the least intrusive
means to remedy the violation of the Federal right. In
determining the intrusiveness of the relief, the court shall
give substantial weight to any adverse impact on public safety
or the operation of a criminal justice system caused by the relief.
``(2) Prison population reduction relief.--In any civil
action with respect to prison conditions, the court shall not
grant or approve any relief whose purpose or effect is to
reduce or limit the prison population, unless the plaintiff
proves that crowding is the primary cause of the deprivation of
the Federal right and no other relief will remedy that
deprivation.
``(b) Termination of Relief.--
``(1) Automatic termination of prospective relief after 2-
year period.--In any civil action with respect to prison
conditions, any prospective relief shall automatically
terminate 2 years after the later of--
``(A) the date the court found the violation of a
Federal right that was the basis for the relief; or
``(B) the date of the enactment of the Stop Turning
Out Prisoners Act.
``(2) Immediate termination of prospective relief.--In any
civil action with respect to prison conditions, a defendant or
intervenor shall be entitled to the immediate termination of
any prospective relief, if that relief was approved or granted
in the absence of a finding by the court that prison conditions
violated a Federal right.
``(c) Procedure for Motions Affecting Prospective Relief.--
``(1) Generally.--The court shall promptly rule on any
motion to modify or terminate prospective relief in a civil
action with respect to prison conditions.
``(2) Automatic stay.--Any prospective relief subject to a
pending motion shall be automatically stayed during the
period--
``(A) beginning on the 30th day after such motion
is filed, in the case of a motion made under subsection
(b); and
``(B) beginning on the 180th day after such motion
is filed, in the case of a motion made under any other
law;
and ending on the date the court enters a final order ruling on
that motion.
``(d) Standing.--Any Federal, State, or local official or unit of
government--
``(1) whose jurisdiction or function includes the
prosecution or custody of persons in a prison subject to; or
``(2) who otherwise is or may be affected by;
any relief whose purpose or effect is to reduce or limit the prison
population shall have standing to oppose the imposition or continuation
in effect of that relief and may intervene in any proceeding relating
to that relief. Standing shall be liberally conferred under this
subsection so as to effectuate the remedial purposes of this section.
``(e) Special Masters.--In any civil action in a Federal court with
respect to prison conditions, any special master or monitor shall be a
United States magistrate and shall make proposed findings on the record
on complicated factual issues submitted to that special master or
monitor by the court, but shall have no other function. The parties may
not by consent extend the function of a special master beyond that
permitted under this subsection.
``(f) Attorney's Fees.--No attorney's fee under section 722 of the
Revised Statutes of the United States (42 U.S.C. 1988) may be granted
to a plaintiff in a civil action with respect to prison conditions
except to the extent such fee is--
``(1) directly and reasonably incurred in proving an actual
violation of the plaintiff's Federal rights; and
``(2) proportionally related to the extent the plaintiff
obtains court ordered relief for that violation.
``(g) Definitions.--As used in this section--
``(1) the term `prison' means any Federal, State, or local
facility that incarcerates or detains juveniles or adults
accused of, convicted of, sentenced for, or adjudicated
delinquent for, violations of criminal law;
``(2) the term `relief' means all relief in any form which
may be granted or approved by the court, and includes consent
decrees and settlement agreements; and
``(3) the term `prospective relief' means all relief other
than compensatory monetary damages.''.
(b) Application of Amendment.--Section 3626 of title 18, United
States Code, as amended by this section, shall apply with respect to
all relief (as defined in such section) whether such relief was
originally granted or approved before, on, or after the date of the
enactment of this Act.
(c) Clerical Amendment.--The item relating to section 3626 in the
table of sections at the beginning of subchapter C of chapter 229 of
title 18, United States Code, is amended by striking ``crowding'' and
inserting ``conditions''.
TITLE IV--ENHANCING PROTECTION AGAINST INCARCERATED CRIMINALS
SEC. 401. PRISON SECURITY.
(a) In General.--Chapter 303 of title 18, United States Code, is
amended by adding at the end the following new section:
``Sec. 4048. Strength-training of prisoners prohibited
``The Bureau of Prisons shall ensure that--
``(1) prisoners under its jurisdiction do not engage in any
physical activities designed to increase their fighting
ability; and
``(2) all equipment designed for increasing the strength or
fighting ability of prisoners promptly be removed from Federal
correctional facilities and not be introduced into such
facilities thereafter except as needed for a medically required
program of physical rehabilitation approved by the Director of
the Bureau of Prisons.''.
(b) Clerical Amendment.--The table of sections at the beginning of
chapter 303 of title 18, United States Code, is amended by adding at
the end the following new item:
``4048. Strength-training of prisoners prohibited.''.
HR 667 RH----2
Union Calendar No. 8
104th CONGRESS
1st Session
H. R. 667
[Report No. 104-21]
_______________________________________________________________________
A BILL
To control crime by incarcerating violent criminals.
_______________________________________________________________________
February 6, 1995
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed