Violent Offender Incarceration and Truth in Sentencing Incentive Grant Program

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]

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