< Back to H.R. 3877 (103rd Congress, 1993–1994)

Text of the Two Strikes and In Act of 1994

This bill was introduced on February 23, 1994, in a previous session of Congress, but was not enacted. The text of the bill below is as of Feb 23, 1994 (Introduced).

Source: GPO

HR 3877 IH

103d CONGRESS

2d Session

H. R. 3877

To provide grants to States which comply with certain requirements.

IN THE HOUSE OF REPRESENTATIVES

February 23, 1994

Mrs. BYRNE introduced the following bill; which was referred to the Committee on the Judiciary


A BILL

To provide grants to States which comply with certain requirements.

    Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ‘Two Strikes and In Act of 1994’.

SEC. 2. DEFINITION.

    For purposes of this Act, the term ‘crime of violence’ means a felony offense under Federal or State law that is a crime of violence which may include the following (or a State equivalent of such crime):

      (1) Murder.

      (2) Homicide.

      (3) Kidnapping.

      (4) Assault resulting in a serious bodily injury.

      (5) Assault with intent to commit murder.

      (6) Rape.

      (7) Voluntary manslaughter.

      (8) Criminal sexual assault.

SEC. 3. PRISONS FOR VIOLENT DRUG OFFENDERS.

    (a) ESTABLISHMENT OF GRANT AND TECHNICAL ASSISTANCE PROGRAM-

      (1) IN GENERAL- The Attorney General may make grants to States and to multi-State compact associations for the purposes of--

        (A) developing, constructing, expanding, operating, and improving boot camp prison programs, city or county detention facilities, or low- to medium-security prisons;

        (B) developing, constructing, and operating prisons that house and provide treatment for violent offenders with serious substance abuse problems; and

        (C) assisting in activating existing boot camp or prison facilities that are unutilized or underutilized because of lack of funding.

      (2) TECHNICAL ASSISTANCE- The Attorney General may provide technical assistance to grantees under this section.

      (3) UTILIZATION OF PRIVATE SECTOR- Nothing herein shall prevent the utilization of any grant funds to contract with the private sector to design, construct or provide any services associated with any facilities funded herein.

      (4) UTILIZATION OF COMPONENTS- The Attorney General may utilize any component or components of the Department of Justice in carrying out this section.

    (b) STATE AND MULTI-STATE COMPACT APPLICATIONS-

      (1) IN GENERAL- To request a grant under this section, the chief executive of a State or the co-ordinator of a multi-State compact association shall submit an application to the Attorney General in such form and containing such information as the Attorney General may prescribe by regulation or guidelines. The chief executive of a State or the co-ordinator of a multi-State compact association may designate private sector participants for the design, construction, or provision of services associated with any facilities for which funding is requested.

      (2) CONTENT OF APPLICATION- In accordance with the regulations or guidelines established by the Attorney General, an application for a grant under this section shall--

        (A) provide a description of any construction activities, including cost estimates;

        (B) provide a description of selection criteria for prisoners for various prison programs; and

        (C) certify that such State or States have in effect a law which requires a sentence of life imprisonment for individuals who have been previously convicted of a crime of violence at the State or Federal level.

    (c) QUALIFYING STATE-

      (1) IN GENERAL- To be eligible to receive a grant under this section, a State shall provide a mandatory sentence of life imprisonment without parole for individuals who have been previously convicted of a crime of violence at the State or Federal level.

      (2) DISQUALIFICATION- The Attorney General shall withdraw a State’s status as a qualifying State if the Attorney General finds that the State no longer appropriately provides for the matters described in paragraph (1) or has ceased making substantial progress toward attaining them, in which event the State shall no longer be entitled to the benefits of this section, except to the extent the Attorney General otherwise directs.

      (3) WAIVER- The Attorney General may waive, for no more than one year, any of the requirements of this subsection with respect to a particular State if the Attorney General certifies that, in the Attorney General’s judgment, there are compelling law enforcement reasons for doing so. Any State granted any such waiver shall be treated as a qualifying State for all purposes of this subtitle, unless the Attorney General otherwise directs.

    (d) REVOCATION OR SUSPENSION OF FUNDING- If the Attorney General determines, as a result of the reviews required by subsection (f), or otherwise, that a grant recipient under this section is not in substantial compliance with the terms and requirements of an approved grant application, the Attorney General may revoke or suspend funding of the grant in whole or in part.

    (e) ACCESS TO DOCUMENTS- The Attorney General and the Comptroller General shall have access for the purpose of audit and examination to--

      (1) the pertinent books, documents, papers, or records of a grant recipient under this section; and

      (2) the pertinent books, documents, papers, or records of other persons and entities that are involved in programs for which assistance is provided under this section.

    (f) GENERAL REGULATORY AUTHORITY- The Attorney General may issue regulations and guidelines to carry out this section.

    (g) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated to carry out this section--

      (1) $600,000,000 for fiscal year 1994;

      (2) $600,000,000 for fiscal year 1995;

      (3) $600,000,000 for fiscal year 1996;

      (4) $600,000,000 for fiscal year 1997; and

      (5) $600,000,000 for fiscal year 1998.