[Federal Register Volume 59, Number 234 (Wednesday, December 7, 1994)]
[Unknown Section]
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From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-29963]


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[Federal Register: December 7, 1994]


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DEPARTMENT OF JUSTICE

Office of Justice Programs

28 CFR Part 91

[OJP No. 1011]
RIN 1121-AA25

 

Violent Offender Incarceration and Truth in Sentencing Incentive 
Grant Program

AGENCY: Department of Justice, Office of Justice Programs (OJP).

ACTION: Interim final rule.

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SUMMARY: This interim rule implements and requests comments regarding 
the Violent Offender Incarceration and Truth in Sentencing Incentive 
Grant Program, Subtitle A of Title II of the Violent Crime Control and 
Law Enforcement Act of 1994.
    The Violent Offender Incarceration and Truth in Sentencing Grant 
Program will provide grants to states, and states organized in multi-
state compacts, for assistance to correctional systems. These 
regulations are being issued in accordance with the mandate in Subtitle 
A of Title II that rules and regulations regarding the uses of grant 
funds under this program be issued. While this rule discusses the 
implementation of the overall Subtitle A program, fiscal year 1995 
funds have only been appropriated for the construction-related costs of 
correctional boot camps.

DATES: Interim rule effective on December 7, 1994; comments must be 
received March 7, 1995.

ADDRESSES: Comments may be sent to Marlene Beckman at the Office of 
Justice Programs, 633 Indiana Avenue, 13th Floor, NW, Washington, DC 
20531.

FOR FURTHER INFORMATION CONTACT: The Department of Justice Response 
Center at 1-800-421-6770 or (202) 307-1480.

SUPPLEMENTARY INFORMATION: Federal funding is authorized under Subtitle 
A of Title II of the Violent Crime Control and Law Enforcement Act of 
1994 (Subtitle A), Public Law 103-322, for grants to states, and states 
organized in multi-state compacts, for assistance to adult and juvenile 
correctional systems. The program recognizes that states and local 
jurisdictions have experienced substantial increases in jail, prison 
and juvenile confinement populations in recent years, resulting in 
escalating costs and serious difficulties in managing overcapacity 
correctional populations. Because of these constraints, correctional 
systems have often been unable to implement new programs, develop 
alternative confinement strategies, or open new facilities. This 
program seeks to provide funds to address the immediate needs of 
correctional facilities and programs.
    In particular, the program emphasizes the need to make available 
both conventional jail and prison space for the confinement of violent 
offenders and to ensure that violent offenders remain incarcerated for 
substantial periods of time through the implementation of truth in 
sentencing laws. Accordingly, Subtitle A directs the Attorney General 
to award grants to construct, develop, expand, modify, operate, or 
improve correctional facilities, including boot camp facilities and 
other alternative correctional facilities that will free secure prison 
space for the confinement of violent offenders.
    Fifty percent of the total amount of funds appropriated each year 
will be allocated for Truth in Sentencing Incentive Grants and the 
other 50 percent will be allocated for Violent Offender Incarceration 
Grants, 85 percent of which is to be distributed by specified formula 
with the remaining 15 percent available for discretionary grant awards.
    The formula amount available to carry out the grant programs for 
any fiscal year will be allocated to each eligible state based on Part 
1 violent crime data reported to the Federal Bureau of Investigation 
for use in the Uniform Crime Reports (UCR). If such data is 
unavailable, applicants may also utilize figures as reported in 
publications by the Bureau of Justice Statistics (BJS). (See, e.g., 
``Census of State and Local Correctional Facilities, 1990.'')
    The statute contemplates the availability of $7.9 billion in 
funding over six years, beginning with $175 million authorized in 
fiscal year 1995. It is important to note, however, that Congress 
appropriated only $24.5 million for Subtitle A programs for fiscal year 
1995. Moreover, the Appropriations Act limits these funds to a 
discretionary grant program for the construction of correctional boot 
camps. Specifically, grant awards in fiscal year 1995 are to develop, 
construct, or expand boot camp programs which include coordinated, 
intensive aftercare services following release. It is anticipated that 
program guidelines and information outlining the application process 
for adult and juvenile boot camp fiscal year 1995 grant awards will be 
available in January 1995.

Statement of the Problem

    State and local prison populations continue to grow. Moreover, 
there are a number of states and local jurisdictions under court order 
because of overcrowding in their correctional facilities. The majority 
of jurisdictions operate above the total rated capacity for their 
correctional facilities. Those facilities under court order for 
overcrowding which have taken steps to control their burgeoning inmate 
populations tend to operate at or near capacity in order to remain in 
compliance with the court orders.
    Correctional systems faced with rising prison populations and 
court-ordered ceilings have responded in various ways. Some have 
implemented population management task forces to ensure that violent 
criminals are not released as a result of accommodating nonviolent 
offenders. Others have simply released offenders when their 
institutions reach a certain population level, without significant 
controls over the security classifications of the inmates. Still other 
systems under court order have implemented statutory release programs.

The Violent Crime Control and Law Enforcement Act of 1994

    Subtitle A provides for immediate assistance to correctional 
systems to contend with this growing inmate population crisis. Of 
primary importance is the recognition that there must be adequate 
conventional confinement space for violent offenders, both adults and 
juveniles, to serve a substantial portion of their sentences. This 
program, therefore, provides grants to assist correctional systems in 
managing a comprehensive approach which will provide for the 
confinement of violent offenders; help address the problems associated 
with overcapacity in correctional facilities through the improvement, 
development, expansion or modification of present facilities and 
programs; and support comprehensive programs and treatment that will 
assist in reducing recidivism.

Federal, State and Local Partnerships

    Because crime is primarily a state and local issue, the Subtitle A 
grant program envisions a federal, state, and local collaboration to 
address the problems associated with the incarceration and punishment 
of violent offenders. State and local government officials were 
involved in the congressional hearings that guided this legislation, 
and will continue to be involved as the Department of Justice moves 
forward in establishing policy guidance, developing regulations, and 
implementing program guidelines.
    In addition, this grant program provides flexibility to states and 
local governments in utilizing federal funds to plan, construct, and 
operate correctional facilities in ways that best meet their needs and 
in the most cost-effective manner. Built into the program is the 
recognition that correctional systems can use grant funds in a variety 
of ways to ensure the greatest and most timely impact.
    Under Subtitle A, corrections systems will have the ability to 
quickly bring on-line additional bed space in facilities which, 
although construction has been completed, are not being utilized due to 
funding constraints. States and local agencies can also activate prison 
and jail expansion and juvenile corrections projects that have been 
planned, but not launched, due to lack of funds. The grant program 
further provides for the expansion of alternative correctional options 
for nonviolent offenders which will free secure bed space for dangerous 
offenders to serve their sentences.
    Moreover, corrections systems will have flexibility in using 
surplus federal property. Beds for violent offenders can be made 
available in secure facilities through the conversion of closed 
military facilities or other appropriate federal facilities to 
facilities for housing low-security inmates.
    Subtitle A also recognizes the benefits of regional prisons, 
particularly for adjoining localities. The economies of scale resulting 
from a multi-state compact prison are particularly beneficial for 
confining specialized groups of offenders, such as medical/psychiatric 
inmates, inmates requiring protective custody, and high security 
inmates.
    The grant program balances appropriate accountability through 
various eligibility criteria, the availability of technical assistance, 
and the evaluation of programs implemented with these funds, with the 
flexibility states and local governments require and deserve based on 
their individual needs and expertise. Grant eligibility criteria 
specifically provide for the involvement of counties and local 
governments and the sharing of funds with these entities.
    Moreover, the federal role provides sufficient structure and 
definition in the eligibility criteria to meet the program's goals, 
while allowing for judgment by grant recipients to take into account 
the states' various unique situations, criminal and juvenile justice 
practices, and correctional systems. The program accounts for the 
different needs of the states and local entities, and reflects that 
there is no ``national standard'' approach that will suit all 
jurisdictions. The grant monies are available for the range of 
correctional needs such as system planning and facility development, as 
well as the construction, expansion, modification, improvement, and 
operation of a variety of correctional facilities.

Violent Juvenile Crime

    Concern also continues nationwide over the escalation in violent 
juvenile crime. According to the FBI's Uniform Crime Reports, juvenile 
arrests for violent offenses increased dramatically over the five-year 
period from 1988 to 1992--47 percent--while adult violent crime arrests 
increased 19 percent. The estimated 129,600 Violent Crime Index arrests 
of juveniles in 1992 was the highest in our history, with 3,300 arrests 
for murder, 6,300 for forcible rape, 45,700 for robbery and 74,400 for 
aggravated assault. Moreover, during the past few years, there has been 
a marked escalation of homicides by juvenile offenders. Teenage 
homicides have more than doubled since 1984, and juvenile homicides 
involving firearms have increased 175 percent since 1983. Of particular 
importance is that the size of the current 14-17 year-old population, 
which has been responsible for much of the recent youth violence, will 
increase by about 20 percent in the next decade.
    The ``Comprehensive Strategy for Serious, Violent and Chronic 
Juvenile Offenders,'' developed by the Department's Office of Juvenile 
Justice and Delinquency Prevention, is the centerpiece of the 
Department's response to growing juvenile crime. The Subtitle A grant 
program is an integral part of the comprehensive strategy's 
intervention component. The program is based on the recognition that an 
effective model for the treatment and rehabilitation of delinquent 
offenders must combine accountability and sanctions with increasingly 
intensive treatment and rehabilitative efforts at every stage of the 
continuum.
    The intervention component calls for establishing a range of 
graduated sanctions that includes both immediate interventions and 
intermediate sanctions, including both nonresidential and residential 
placements and programming. Boot camps offer an intermediate sanction 
for nonviolent juvenile offenders. These programs should be short-term 
and include a formal aftercare phase, actively involving the family and 
the community in supporting and reintegrating the juvenile into the 
community.
    While the strategy encourages the use of non-residential community-
based programs and intensive supervision programs for many juvenile 
offenders, it recognizes that the criminal behavior of some serious, 
violent and chronic offenders requires the use of secure detention and 
corrections facilities to protect the community and provide a 
structured treatment environment. This grant program will facilitate 
jurisdictions in meeting the challenge of placing juvenile offenders in 
need of confinement in secure facilities.

Grants for Correctional Facilities

    The Subtitle A authorization provides for two different grant 
programs: (1) Violent Offender Incarceration Grants, and (2) Truth in 
Sentencing Incentive Grants. Of the total federal funding authorized to 
Subtitle A grant programs each year, 50 percent is allocated for each 
of these two grant initiatives. With the exception of a limited 
discretionary grant program, this funding will be distributed to states 
based on the formula specified in Subtitle A. Although the statute 
provides for states and multi-state compacts as the only eligible grant 
recipients, Subtitle A requires that states involve counties and other 
units of local government and share funds received under this program 
with them.
    To be eligible to receive funding under either of the Subtitle A 
programs, states must comply with a series of assurances involving 
sentencing policies and practices and other guarantees of sound 
correctional systems to ensure that violent offenders are sufficiently 
incapacitated and that the public is protected.
    Included in the assurances are requirements that the state: (1) 
Implement sentencing reforms that ensure violent offenders receive 
sufficiently severe punishments, (2) recognize the rights and needs of 
crime victims, and (3) develop a comprehensive correctional management 
plan that includes diversion programs, particularly drug diversion 
programs, community corrections programs, systems designed to 
accurately evaluate and classify inmates within the system, and 
programs and treatment designed to assist in reducing recidivism, 
including rehabilitation and treatment programs and job skills. 
Emphasis will be placed on a corrections system's ability to plan for 
and implement these basic components of a comprehensive and coordinated 
approach to correctional policy.

Comprehensive Correctional Planning

    By definition, a comprehensive system involves state and local 
governments; thus, the development of a comprehensive plan necessitates 
a partnership and collaboration among state and local entities. Because 
the flow of offenders begins at the local level, both local and state 
governments play key roles in the punishment of offenders through 
alternative sanctions and incarceration in correctional facilities. The 
input of county and municipal juvenile and criminal justice officials 
will be considered essential to creating an effective overall state 
strategy to meet the goals of this grant program. Both local and state 
governments also have a strong interest in any change in the capacity 
of any component of the corrections system. The statutory assurances 
are clear in their intent that states are expected to share funds with 
local units of government in support of effective implementation of the 
comprehensive plan.
    Participants in the comprehensive plan development should represent 
a broad mix of interested and involved organizations and officials from 
varying perspectives. Every effort should be made by the state to 
include mayors, city and county officials, police departments, 
sheriffs, judges, prosecutors, community corrections administrators, 
representatives from the treatment and education communities and 
indigent defense, concerned citizens, and victims' advocates, as well 
as the juvenile justice system. Applicants should also take an active 
role in involving state and juvenile justice administrative agencies 
and advisory boards. The manner in which criminal and juvenile justice 
functions are structured in various states and their relationships with 
other justice agencies will affect the roles played in the development 
of an effective correctional plan.
    The comprehensive correctional plan must address how the state has 
involved local jurisdictions and the plan for sharing funds with local 
facilities, truth in sentencing and victims' rights issues, and the 
continuum of correctional options required for adult and juvenile 
offenders. It must meet the overall goal of incarcerating violent 
offenders, and must convey the options for nonviolent offenders that 
will free up traditional bed space to accomplish that goal.

Victims' Rights and Needs

    To be eligible to receive grants, states must provide assurances 
that they have implemented policies that provide for the recognition of 
the rights and needs of crime victims. No specific requirements for 
complying with this condition are prescribed by this interim rule in 
relation to fiscal year 1995 funding because of the need for 
comprehensive review of the status of victims' rights measures in state 
systems. State applications for fiscal year 1995 funding should include 
information on measures which are in effect or under consideration in 
the state to protect the rights and interests of crime victims.
    More definitive guidance will be provided concerning compliance 
with this condition in a final rule or related guidelines for funding 
in fiscal year 1996 and thereafter. Areas that have been identified as 
implicating important rights and needs of crime victims include: (1) 
Providing notice to victims concerning case and offender status, (2) 
providing an opportunity for victims to be present at public court 
proceedings, (3) providing victims the opportunity to be heard at 
sentencing and parole hearings, (4) providing for restitution and other 
compensation to victims, and (5) establishing administrative mechanisms 
or other mechanisms to effectuate these rights.
    States that expect to seek funding under this program in fiscal 
year 1996 or thereafter are encouraged to review the status of victim 
rights measures in their systems, particularly with reference to the 
five areas identified above. Federal law incorporates significant 
measures in each of these areas for federal cases. The provisions of 
federal law governing these issues may be useful for states as a 
possible model for reform, if they have not already adopted similar 
measures in their own systems. See 42 U.S.C. 10606(b)(3), (7), 10607(c) 
(notice concerning case and offender status); 42 U.S.C. 10606(b)(4) 
(right to be present at public court proceedings); Rule 32 of the 
Federal Rules of Criminal Procedure, as amended effective December 1, 
1994 (right of allocution in sentencing for victims); 18 U.S.C. 3663, 
3553(c) (general restitution provisions for federal cases); 42 U.S.C. 
10607(a) and (b), 10607(c)(5) (assignment of responsibility for victim-
related functions).

Truth in Sentencing Incentive Grants

    To be eligible to receive funding under the Truth in Sentencing 
Grant Program, in addition to meeting the assurances listed in Subtitle 
A, states must also meet certain sentencing requirements. In 
particular, to qualify for this part of the grant program, states must 
have in effect sentencing laws that either provide for violent 
offenders to (1) serve not less than 85 percent of their sentences, or 
(2) meet other requirements that ensure that violent offenders, and 
especially repeat violent offenders, remain incarcerated for 
substantially greater percentages of their imposed sentences.
    The Office of Justice Programs is aware that the vast majority of 
states will at present have difficulty in meeting the condition that 
violent offenders serve at least 85 percent of the sentence imposed. No 
specific guidance for complying with this assurance is prescribed at 
this time both because funding for this program is not available in FY 
'95, and also because of the need for further review of state 
compliance issues. Moreover, we are particularly interested in comments 
from the field on compliance issues and on the definition of ``violent 
offender'' for purposes of truth in sentencing grant awards.

FY 1995 Correctional Boot Camp Initiative

    The availability of funds each year is, of course, limited by the 
appropriations process. In fiscal year 1995, Congress has allocated 
$24.5 million to Subtitle A grant programs and has imposed additional 
limitations on the uses of these grant funds.
    Consistent with congressional intent, grant awards in fiscal year 
1995 will be for construction-related costs of correctional boot camps 
and will be allocated through the discretionary grant component of the 
Violent Offender Incarceration Grant Program. Construction-related 
costs are broadly interpreted to include costs associated with both the 
planning and development of the facility. OJP is expressly precluded, 
however, from funding operating expenses.
    Specifically, grant funds can be used to plan, develop, construct, 
or expand adult and juvenile boot camp programs which must include 
coordinated, intensive aftercare services for inmates following 
release. Pursuant to the requirements specified in Subtitle A, boot 
camps are correctional programs of no longer than six-months 
incarceration and must: (1) Exclude offenders who have at any time been 
convicted of a violent felony or similarly adjudicated juveniles, (2) 
adhere to a regimented schedule, (3) provide for inmate participation 
in education, job training and substance abuse counseling or treatment, 
and (4) coordinate intensive aftercare services with the services 
provided during the period of confinement.
    The program emphasis in fiscal year 1995 will be on the 
construction, renovation and expansion of correctional boot camp 
facilities that will free conventional prison, jail and juvenile 
correctional space for the confinement of violent offenders so they can 
serve a substantial amount of their imposed sentences. To receive 
funds, correctional systems will have to demonstrate, through a 
comprehensive correctional plan and prisoner screening and security 
classification system, that (1) there is a need for additional secure 
confinement space for violent offenders, and (2) this need will be met 
through the construction of a boot camp facility that provides housing 
otherwise unavailable for nonviolent offenders.
    With regard to juvenile facilities, priority will be given to 
juvenile boot camps that are designed to prevent juvenile offenders at 
risk from becoming violent offenders. This desired outcome will most 
likely be accomplished if the jurisdiction engages in efforts that 
maximize the likelihood that juvenile boot camp participants would 
otherwise be incarcerated in traditional secure facilities (e.g., 
participation limited to those youths who have been adjudicated 
delinquents and who have been sentenced to the juvenile state 
correctional agency). Among this population, juvenile offenders whose 
escalating patterns of delinquent behavior indicate that an 
authoritative boot camp intervention is likely to suppress or abate 
emerging tendencies towards chronic or violent delinquent behavior 
should be considered prime candidates for boot camp participation.
    To be eligible to receive grants for correctional boot camp 
construction, states must meet the eligibility criteria outlined for 
the Violent Offender Incarceration Grant Program, including the 
assurances specified in Section 20101(b) of Subtitle A.
    Detailed program guidelines and application material for the fiscal 
year 1995 correctional boot camp initiative will be available in 
January 1995.

Technical Assistance and Training/Evaluation

    In keeping with the intent of Congress to assist states in meeting 
these assurances, the Department proposes to designate up to 10 percent 
of the funds available in this program to provide technical assistance 
and training to states that presently do not meet the required general 
assurances or want to expand and improve on current efforts in these 
areas. Specifically, the Department will provide training and 
assistance to states with the comprehensive corrections planning 
process, the development of truth in sentencing statutes, and in 
otherwise moving toward compliance with the required conditions. States 
which meet the general assurances in fiscal year 1995, or are working 
toward compliance, will be in a better position to receive grant monies 
under these programs over the next several years.
    Further, it is the intent of the Department that selected federal 
initiatives under the new anti-crime law be evaluated. To accomplish 
this goal, a portion of the overall funds authorized under this 
Subtitle will be set aside for purposes of implementing a national 
evaluation strategy. Recipients of funds must agree to cooperate with 
federally-sponsored evaluations of their projects and to conduct 
evaluations as required by the national evaluation strategy. In 
addition, recipients of program funds will be required to conduct a 
local assessment and report on program implementation.

Request for Comments

    In submitting comments, please be cognizant of the above-described 
statutory limitations. In administering the Subtitle A, Correctional 
Facilities Grant Program, OJP seeks to fulfill congressional intent by 
ensuring that the statutory limitations are applied appropriately to 
all recipients.
    Comments are particularly encouraged with respect to the following 
definitions and implementation policy issues:
    (1) Definition of ``Violent Offender'' [Sec. 91.2(a), Sec. 91.4(b)] 
(This interim rule reserves the issue for now, but the Department will 
issue a final rule based on comments received, in advance of the 
implementation of Subtitle A in fiscal year 1996);
    (2) Definition of ``Serious Drug Offense'' [Sec. 91.4(b)];
    (3) How a state can demonstrate compliance with the assurance that 
it has implemented, or will implement, correctional policies and 
programs, including ``truth in sentencing laws that: (a) ``ensure that 
violent offenders serve a substantial portion of the sentences 
imposed,'' (b) ``are designed to provide sufficiently severe punishment 
for violent offenders, including violent juvenile offenders,'' and (c) 
``the prison time served is appropriately related to the determination 
that the inmate is a violent offender and for a period of time deemed 
necessary to protect the public.'' [Sec. 91.2(i), Sec. 91.3(b)(1)];
    (4) How a state can demonstrate compliance with the condition to 
``provide for the recognition of the rights and needs of crime 
victims'' [Sec. 91.3(b)(2)];
    (5) How a state can demonstrate that, as a result of the funds 
received under this section, secure space will be made available for 
the confinement of violent offenders [Sec. 91.3(b)(3)];
    (6) How to ensure that states have met the condition to involve and 
share funds received with counties and other units of local government 
[Sec. 91.3(b)(5)];
    (7) How to define the scope of the Comprehensive Correctional Plan 
[Sec. 91.3(d)]; and
    (8) How a state can demonstrate compliance with the condition for 
receiving Truth in Sentencing Incentive Grants, i.e., ``persons 
convicted of violent crimes serve not less than 85% of the sentence 
imposed'' [Sec. 91.4(b)].
    In soliciting comments on the above definitions and key policy 
implementation issues, OJP hopes to forge a productive federal/state/
local partnership in addressing the challenge of providing an effective 
criminal justice system response to the increased numbers of violent 
offenders.
    The final rule will address all comments submitted and substantive 
differences incorporated will be explained.

Administrative Requirements

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, section 1(b), Principles of Regulation. This 
rule is a ``significant regulatory action'' under Executive Order 
12866, section 3(f), Regulatory Planning and Review, and accordingly 
this rule has been reviewed by the Office of Management and Budget.
    The Assistant Attorney General for the Office of Justice Programs 
in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)) has 
reviewed this regulation and by approving it certifies that this 
regulation will not have a significant economic impact on a substantial 
number of small entities.
    No information collection requirements are contained in this rule. 
Any information collection requirements contained in future application 
notices for programs authorized by this rule will be reviewed by the 
Office of Management and Budget (OMB), as is required by the provisions 
of the Paperwork Reduction Act, 91 U.S.C. 3504(h).
    This regulation is being published as an interim final rule, 
without prior publication of notice and comment, and is made effective 
immediately, for good cause as explained below. Under 5 U.S.C. 
553(a)(2), matters relating to grants are exempted from notice and 
comment requirements. Moreover, in this case, advance notice and 
comment would be impractical and contrary to the public interest. Title 
II, Subtitle A of the Violent Crime Control and Law Enforcement Act of 
1994 requires the publication of regulations implementing the grant 
program within 90 days of enactment of the Act.
    In order to satisfy congressional requirements and intentions of 
expeditious implementation, these regulations are effective immediately 
so that eligible states may apply for the boot camp discretionary 
program. Publishing a notice of proposed rulemaking and awaiting 
receipt of comments would significantly delay the implementation of the 
FY '95 boot camp grant program. Such delay would be contrary to the 
public interest and would contradict the congressional intent to 
provide immediate grant assistance.
    Although OJP will proceed expeditiously with regard to the 
promulgation of guidelines for the fiscal year 1995 boot camp program, 
we are very interested in receiving public comment on the overall 
program and will consider all comments in preparing the final rule.

List of Subjects

    Grant programs, Judicial administration.

    For the reasons set out in the preamble, Title 28, Chapter I, of 
the Code of Federal Regulations is amended by adding a new part 91 as 
set forth below.

PART 91--GRANTS FOR CORRECTIONAL FACILITIES

Subpart A--General

Sec.
91.1  Purpose.
91.2  Definitions.
91.3  General eligibility requirements.
91.4  Truth in Sentencing Incentive Grants.
91.5  Violent Offender Incarceration Grants.
91.6  Matching Requirement.

Subpart B--FY 95 Correctional Boot Camp Initiative

91.10  General.

    Authority: Section 20105 of Subtitle A, Title II of the Violent 
Crime Control and Law Enforcement Act of 1994.

Subpart A--General


Sec. 91.1  Purpose.

    The Attorney General, through the Assistant Attorney General for 
the Office of Justice Programs, will make grants to states and to 
states organized as multi-state compacts to construct, develop, expand, 
operate or improve correctional facilities, including boot camp 
facilities and other alternative correctional facilities that can free 
conventional space for the confinement of violent offenders, to:
    (a) Ensure that prison space is available for the confinement of 
violent offenders; and
    (b) Implement truth in sentencing laws for sentencing violent 
offenders.


Sec. 91.2  Definitions.

    (a) Violent Offender--[Reserved]
    (b) Serious Drug Offense means an offense involving manufacturing, 
distributing, or possessing with intent to manufacture or distribute, a 
controlled substance [as defined in Section 102 of the Controlled 
Substances Act (21 U.S.C. 802)], for which a maximum term of 
imprisonment of 10 years or more is prescribed by state law.
    (c) Part 1 Violent Crimes means murder and non-negligent 
manslaughter, forcible rape, robbery, and aggravated assault as 
reported to the Federal Bureau of Investigation for purposes of the 
Uniform Crime Reports. If such data is unavailable, Bureau of Justice 
Statistics (BJS) publications may be utilized. See, e.g., ``Census of 
State and Federal Correctional Facilities, 1990.'' (''Part 1 Violent 
Crimes'' are defined here solely as the statutorily prescribed basis 
for the formula allocation of funding.)
    (d) Recipient means individual states or multi-state compacts 
awarded funds under this Part.
    (e) State means a State, the District of Columbia, the Commonwealth 
of Puerto Rico, the United States Virgin Islands, American Samoa, Guam 
and the Northern Mariana Islands.
    (f) Comprehensive Correctional Plan means a plan which represents 
an integrated approach to the management and operation of adult and 
juvenile correctional facilities and programs and which includes 
diversion programs, particularly drug diversion programs, community 
corrections programs, a prisoner screening and security classification 
system, appropriate professional training for corrections officers in 
dealing with violent offenders, prisoner rehabilitation and treatment 
programs, prisoner work activities (including to the extent 
practicable, activities relating to the development, expansion, 
modification, or improvement of correctional facilities) and job skills 
programs, educational programs, a pre-release prisoner assessment to 
provide risk reduction management, post-release assistance and an 
assessment of recidivism rates.
    (g) Correctional facilities includes boot camps and other 
alternative correctional facilities for adults or juveniles that can 
free conventional bed space for the confinement of violent offenders.
    (h) Boot camp means a corrections program for adult or juvenile 
offenders of not more than six-months confinement (not including time 
in confinement prior to assignment to the boot camp) involving:
    (1) Assignment for participation in the program, in conformity with 
state law, by prisoners other than prisoners who have been convicted at 
any time for a violent felony;
    (2) Adherence by inmates to a highly regimented schedule that 
involves strict discipline, physical training, and work;
    (3) Participation by inmates in appropriate education, job 
training, and substance abuse counseling or treatment; and
    (4) Post-incarceration aftercare services for participants that are 
coordinated with the program carried out during the period of 
imprisonment.
    (i) Truth in sentencing laws means laws that:
    (1) Ensure that violent offenders serve a substantial portion of 
sentences imposed;
    (2) Are designed to provide sufficiently severe punishment for 
violent offenders, including violent juvenile offenders; and
    (3) The prison time served is appropriately related to the 
determination that the inmate is a violent offender and for a period of 
time deemed necessary to protect the public.


Sec. 91.3  General Eligibility Requirements.

    (a) Recipients must be individual states, or states organized as 
multi-state compacts.
    (b) Application Requirements. To be eligible to receive either a 
formula or a discretionary grant under Subtitle A, an applicant must 
submit an application which includes:
    (1) Assurances that the state(s) have implemented, or will 
implement, correctional policies and programs, including truth in 
sentencing laws. No specific requirements for complying with this 
condition are prescribed by this interim rule for fiscal 1995 funding 
because of the need for further review of the status of truth in 
sentencing laws and the impact and needs requirements relating to 
reform in state systems.
    (2) Assurances that the state(s) have implemented or will implement 
policies that provide for the recognition of the rights and needs of 
crime victims.
    States are not required to adopt any specific set of victims rights 
measures for compliance, but the adoption by a state of measures which 
are comparable to or exceed those applied in federal proceedings will 
be deemed sufficient compliance for eligibility for funding. If the 
state has not adopted victims rights measures which are comparable to 
or exceed federal law, the adequacy of compliance will be determined on 
a case-by-case basis. States will be afforded a reasonable amount of 
time to achieve compliance. States may comply with this condition by 
providing recognition of the rights and needs of crime victims in the 
following areas:
     (i) providing notice to victims concerning case and offender 
status;
     (ii) providing an opportunity for victims to be present at public 
court proceedings in their cases;
     (iii) providing victims the opportunity to be heard at sentencing 
and parole hearings;
     (iv) providing for restitution to victims; and
     (v) establishing administrative or other mechanisms to effectuate 
these rights.
    (3) Assurances that funds received under this section will be used 
to construct, develop, expand, operate or improve correctional 
facilities to ensure that secure space is available for the confinement 
of violent offenders.
    (4) Assurances that the state(s) has a comprehensive correctional 
plan in accordance with the definition elements in Sec. 91.2. If the 
state(s) does not have an adequate comprehensive correctional plan, 
technical assistance will be available for compliance. States will be 
afforded a reasonable amount of time to develop their plans.
    (5) Assurances that the state(s) has involved 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 violent 
offenders and that the state(s) will share funds received with counties 
and other units of local government, taking into account the burden 
placed on these units of government when they are required to confine 
sentenced prisoners because of overcrowding in state prison facilities.
    (6) Assurances that funds received under this section will be used 
to supplement, not supplant, other federal, state, and local funds.
    (7) Assurances that the state(s) has implemented, or will implement 
within 18 months after the date of the enactment of the Violent Crime 
Control and Law Enforcement Act of 1994 (September 13, 1994), policies 
to determine the veteran status of inmates and to ensure that 
incarcerated veterans receive the veterans benefits to which they are 
entitled.
    (8) Assurances that correctional facilities will be made accessible 
to persons conducting investigations under the Civil Rights of 
Institutionalized Persons Act (CRIPA), 42 U.S.C. 1997.
    (9) If applicable, documentation of the multi-state compact 
agreement that specifies the construction, development, expansion, 
modification, operation, or improvement of correctional facilities.
    (10) If applicable, a description of the eligibility criteria for 
participation in any boot camp that is to be funded.
    (c) States, and states organized as multi-state compacts, which can 
demonstrate affirmative responses to the assurances outlined above will 
be eligible to receive funds.
    (d) Each state application for such funds must be accompanied by a 
comprehensive correctional plan. The plan shall be developed in 
consultation with representatives of appropriate state and local units 
of government, shall include both the adult and juvenile correctional 
systems, and shall provide an assessment of the state and local 
correctional needs, and a long-range implementation strategy for 
addressing those needs.
    (e) Local units of government, i.e., any city, county, town, 
township, borough, parish, village or other general purpose subdivision 
of a state, or Indian tribe which performs law enforcement functions as 
determined by the secretary of the Interior, are in turn eligible to 
receive subgrants from a participating state(s). Such subgrants shall 
be made for the purpose(s) of carrying out the implementation strategy, 
consistent with state(s) comprehensive correctional plan.
    (f) In awarding grants, consideration shall be given to the special 
burden placed on states which incarcerate a substantial number of 
inmates who are in the United States illegally. States will not be 
required to submit additional information on numbers of criminal 
aliens. The Bureau of Justice Assistance (BJA) and the Immigration and 
Naturalization Service (INS) are currently working together to 
implement the State Criminal Alien Assistance Program (SCAAP) to assist 
the states with the costs of incarcerating criminal aliens. The Office 
of Justice Programs will coordinate with the SCAAP program to obtain 
the relevant information.


Sec. 91.4.  Truth in Sentencing Incentive Grants.

    (a) Half of the total amount of funds appropriated to carry out 
Subtitle A for each of the fiscal years 1996, 1997, 1998, 1999 and 2000 
will be made available for Truth in Sentencing Incentive Grants.
    (b) Eligibility. To be eligible to receive such a grant, a state, 
or states organized as multi-state compacts, must meet the requirements 
of Sec. 91.3 and must demonstrate that the state(s)--
    (1) has in effect laws which require that persons convicted of 
violent crimes serve not less than 85% of the sentence imposed; or
    (2) Since 1993--
    (i) has increased the percentage of convicted violent offenders 
sentenced to prison;
    (ii) has increased the average prison time which will be served in 
prison by convicted violent offenders sentenced to prison;
    (iii) has increased the percentage of sentence which will be served 
in prison by violent offenders sentenced to prison; and
    (iv) has in effect at the time of application laws requiring that a 
person who is convicted of a violent crime shall serve not less than 
85% of the sentence imposed if--
    (A) the person has been convicted on 1 or more prior occasions in a 
court of the United States or of a state of a violent crime or a 
serious drug offense; and
    (B) each violent crime or serious drug offense was committed after 
the defendant's conviction of the preceding violent crime or serious 
drug offense.
    (c) Formula Allocation. The amount available to carry out this 
section for any fiscal year will be allocated to each eligible state in 
the ratio that the number of Part 1 violent crimes reported by such 
state to the Federal Bureau of Investigation for 1993 bears to the 
number of Part 1 violent crimes reported by all states to the Federal 
Bureau of Investigation for 1993.
    (d) Transfer of Unused Funds. On September 30 of each fiscal years 
1996, 1998, 1999 and 2000, the Attorney General will transfer to the 
funds to be allocated under the Violent Offender Incarceration Grant 
formula allocation (section 91.5) any funds made available to carry out 
this section that are not allocated to an eligible state under 
paragraph (b) of this section.


Sec. 91.5  Violent Offender Incarceration Grants.

    (a) Half of the total amount of funds appropriated to carry out 
this subtitle for each of fiscal years 1996, 1997, 1998, 1999 and 2000 
will be made available for Violent Offender Incarceration Grants.
    (b) Eligibility. To be eligible to receive such a grant, a state, 
or states organized as multi-state compacts, must meet the requirements 
of section 91.3(b).
    (c) Allocation of Violent Offender Incarceration Funds--
    (1) Formula Allocation. 85% of the sum of the amount available for 
grants under this section for any fiscal year and any amount 
transferred as described in section 91.4(c) for that fiscal year will 
be allocated as follows:
    (i) 0.25% will be allocated to each eligible state except that the 
United States Virgin Islands, American Samoa, Guam and the Northern 
Mariana Islands shall each be allocated 0.05%.
    (ii) The amount remaining after application of paragraph (c)(1)(i) 
of this section will be allocated to each eligible state in the ratio 
that the number of Part 1 violent crimes reported by such state to the 
Federal Bureau of Investigation for 1993 bears to the number of Part 1 
violent crimes reported by all states to the Federal Bureau of 
Investigation for 1993.
    (2) Discretionary Allocation. Fifteen percent of the sum of the 
amount available for Violent Offender Incarceration Grants for any 
fiscal year under this subsection and any amount transferred as 
described in Sec. 91.4(c) for that fiscal year will be allocated at the 
discretion of the Assistant Attorney General for OJP to states that 
have demonstrated:
    (i) the greatest need for such grants, and
    (ii) the ability to best utilize the funds to meet the objectives 
of the grant program and ensure that secure cell space is available for 
the confinement of violent offenders.
    (d) Transfer of Unused Funds. On September 30 of each fiscal years 
1996, 1997, 1998, 1999 and 2000, the Assistant Attorney General will 
transfer to the discretionary program under paragraph (c)(2) of this 
section any funds made available under paragraph (c)(1) of this section 
that are not allocated to an eligible state under paragraph (c)(1) of 
this section.


Sec. 91.6  Matching Requirement.

    (a) The federal share of a grant received under this subtitle may 
not exceed 75 percent of the costs of a proposal described in an 
application approved under this subtitle. The matching requirement can 
only be met through a hard cash match, and must be satisfied by the end 
of the project period. A certification to that effect will be required 
of each recipient of grant funds and must be submitted to the Office of 
Justice Programs with the application.

Subpart B--FY 95 Correctional Boot Camp Initiative


Sec. 91.10  General.

    (a) Scope of Boot Camp Program. Funding is appropriated in fiscal 
year 1995 to provide grants to states and multi-state compacts to plan, 
develop, construct and expand correctional boot camps for adults and 
juveniles.
    (b) Adult and juvenile boot camps, referred to as ``correctional 
boot camps,'' are programs that ``provide a structured environment for 
delivering non-traditional corrections programs to criminal 
offenders.''
    (c) With respect to this program, the mandates of the Juvenile 
Justice and Delinquency Prevention Act (42 U.S.C. Sec. 5601 et seq.) 
shall apply.
    (d) Eligibility. (1) Funding is available for both adult and 
juvenile boot camps. To be eligible for the funding of boot camps, 
states must comply with the general assurances in Sec. 91.3(b) or 
demonstrate steps taken toward compliance. While the majority of 
assurances are applicable to the adult correctional system, those 
states applying for grants for juvenile boot camps must include the 
juvenile system in the state comprehensive correctional plan and 
demonstrate how construction of the boot camp will make secure space 
available to house violent juvenile offenders.
    (2) For purposes of the FY '95 boot camp program, a ``violent 
felony'' means any crime punishable by imprisonment for a term 
exceeding one year, or an act of juvenile delinquency that would be 
punishable by imprisonment for such term if committed by an adult, 
that:
    (i) involves the use or attempted use of a firearm or other 
dangerous weapon against another person, or
    (ii) results in death or serious bodily injury to another person.
    (3) States must document that the boot camp program does not 
involve more than six-months confinement (not including confinement 
prior to assignment to the boot camp) and includes:
    (i) assignment for participation in the program, in conformity with 
state law, by prisoners other than prisoners who have been convicted at 
any time of a violent felony;
    (ii) adherence by inmates to a highly regimented schedule that 
involves strict discipline, physical training and work;
    (iii) participation by inmates in appropriate education, job 
training, and substance abuse counseling or treatment; and
    (iv) post-incarceration aftercare services for participants that 
are coordinated with the program carried out during the period of 
imprisonment.
    (4) States must provide assurances that boot camp construction will 
free up secure institutional bed space for violent offenders.
    (e) Evaluation. (1) Recipients will be required to cooperate with a 
national evaluation team throughout the planning and implementation 
process. Recipients are also strongly encouraged to provide for an 
independent evaluation of the impact and effectiveness of the funded 
program.
    (2) Jurisdictions are strongly encouraged to engage in systematic 
planning activities and to develop and evaluate boot camps as part of a 
comprehensive and integrated correctional plan.
    (f) Limitation on funds. Grant funds cannot be used for operating 
costs. States will be required to show how operating expenses will be 
provided.
    (g) Matching Requirement. The federal share of a grant received may 
not exceed 75 percent of the costs of the proposed boot camp program 
described in the appoved application. The matching requirement can only 
be met through a hard cash match, and must be satisfied by the end of 
the project period; facility operating expenses may not be used to meet 
the match requirement for the construction project supported. Match may 
be made through grantee contribution of construction-related costs. A 
certification to that effect will be required of each recipient of 
grant funds.
    (h) Innovative Boot Camp Programs. Jurisdictions are encouraged to 
explore the development of ``innovative'' boot camp programs which 
incorporate principles based on the accumulation of research and 
practical experience, and reflect sound and effective correctional 
practice.
Laurie Robinson,
Assistant Attorney General, Office of Justice Programs
[FR Doc. 94-29963 Filed 12-6-94; 8:45 am]
BILLING CODE 4410-18-P