The Violent Crime Control and Law Enforcement Act ...

Title I: Public Safety and Policing - Public Safety Partnership and Community Policing Act of 1994 - Amends the Omnibus Crime Control and Safe Streets Act of 1968 (Omnibus Act) to authorize the Attorney General to make grants to States, local governments, Indian tribal governments, other public and private entities, and multi-jurisdictional or regional consortia thereof to increase police presence, expand and improve cooperative efforts between law enforcement agencies (LEAs) and community members, and otherwise enhance public safety.

Authorizes such grants to be used for programs, projects, and other activities to: (1) rehire law enforcement officers who have been laid off as a result of State and local budget reductions for deployment in community-oriented policing; (2) hire and train new, additional career law enforcement officers for deployment in community-oriented policing across the Nation; and (3) procure equipment, technology, or support systems, or pay overtime, if the grant applicant demonstrates to the satisfaction of the Attorney General that expenditures for such purposes would result in a specified increase in the number of officers deployed in community-oriented policing.

Sets limits on grants for equipment, technology and support systems. Authorizes grants to hire former members of the armed forces to serve as career law enforcement officers for deployment in community-oriented policing, particularly in communities that are adversely affected by a recent military base closing.

Sets forth provisions regarding: (1) additional authorized grant projects (such as providing specialized training to officers to enhance their conflict resolution, mediation, and other skills and developing new technologies to assist State and local LEAs in reorienting the emphasis of their activities from reacting to crime to preventing crime); (2) preferential consideration of applications for certain grants; (3) technical assistance; (4) matching fund requirements; (5) application requirements (including providing a long-term strategy and detailed implementation plan and demonstrating a specific public safety need); (6) grant renewal; (7) limitation on the use of funds; (8) performance evaluation; (9) revocation or suspension of funding; and (10) access by the Attorney General and Comptroller General for audits and examinations.

Authorizes appropriations.

Title II: Prisons - Subtitle A: Violent Offender Incarceration and Truth in Sentencing Incentive Grants - Authorizes the Attorney General to make grants to individual States and to States organized as multi-State compacts to develop, expand, modify, operate, or improve correctional facilities and programs, including boot camp facilities and programs and other alternative confinement facilities and programs, to free conventional prison space for violent offenders.

Sets forth eligibility requirements. Directs the Attorney General, in making grants, to give consideration to the special burden placed on States which incarcerate a substantial number of inmates who are in the United States illegally.

(Sec. 20102) Requires: (1) 50 percent of the total amount of funds appropriated to carry out this subtitle for FY 1995 through 2000 to be made available for Truth in Sentencing Incentive Grants (to be eligible a State must demonstrate that it requires that persons convicted of violent crimes serve not less than 85 percent of the sentence imposed or meet other specified requirements); and (2) 50 percent to be available for Violent Offender Incarceration Grants.

(Sec. 20104) Sets forth provisions regarding: (1) matching requirements; (2) technical assistance and training; and (3) program evaluation.

(Sec. 20109) Authorizes appropriations.

Subtitle B: Punishment for Young Offenders - Authorizes the Attorney General to make grants to States for the purpose of developing alternatives to traditional forms of incarceration and probation for punishment of young offenders. Requires that such methods ensure certain punishment for young offenders and promote reduced recidivism, crime prevention, and victim assistance.

Sets forth provisions regarding: (1) State and local application requirement; (2) allocation and distribution of funds; and (3) evaluation. Authorizes appropriations.

Subtitle C: Alien Incarceration - Directs the Attorney General, upon written request by the chief executive officer of a State or political subdivision exercising authority regarding the incarceration of an undocumented criminal alien, to: (1) enter into a contractual arrangement which provides for compensation to the State or political subdivision for such incarceration; or (2) take such alien into Federal custody.

Specifies that: (1) such compensation shall be the average cost of incarceration of a prisoner in the relevant State; and (2) the Attorney General shall give priority to the Federal incarceration of undocumented criminal aliens who have committed aggravated felonies.

Requires the Attorney General to ensure that such undocumented criminal aliens are held in Federal facilities which provide a level of security appropriate to their crimes.

Authorizes appropriations.

Subtitle D: Miscellaneous Provisions - Prohibits applying favoritism in designating the place of imprisonment or in making transfers for prisoners of high social or economic status.

(Sec. 20402) Requires that any submission of legislation by the judicial or executive branch which could increase or decrease the number of persons incarcerated or in Federal penal institutions be accompanied by a prison impact statement.

(Sec. 20403) Amends the Federal criminal code to direct the court, in determining a fine, to consider the expected costs to the Government of any imprisonment, supervised release, or probation sentence that is ordered.

(Sec. 20404) Provides that, in the case of a prisoner convicted of an offense committed prior to November 1, 1987, a reference under the code to supervised release shall be deemed to be a reference to probation or parole.

(Sec. 20405) Amends the Federal criminal code to repeal the requirement that credit toward service of sentence for satisfactory behavior ("good time") be granted to a prisoner serving a term of imprisonment of more than one year for a crime of violence. Allows a prisoner serving such a sentence, at the discretion of the Bureau of Prisons, to receive such credit if the prisoner has displayed exemplary compliance with institutional disciplinary regulations.

(Sec. 20406) Requires the Director of the National Institute of Corrections to establish a task force on prison construction standardization techniques and cost-cutting new building materials and technologies.

Directs the task force: (1) to work to promote the implementation of cost-saving efforts at the Federal, State, and local levels; (2) to advise on the results and effectiveness of adopted efforts; and (3) to certify the effectiveness of such efforts.

(Sec. 20407) Requires the Attorney General, in administering each grant program funded pursuant to this Act, to encourage: (1) innovative methods for the low-cost construction and operation of facilities and the reduction of administrative cost and overhead expenses; and (2) the use of surplus Federal property.

Authorizes the Attorney General to assess the cost efficiency and utility of using modular, prefabricated, precast, and pre-engineered construction components and designs for housing nonviolent criminals.

(Sec. 20408) Amends the National Literacy Act of 1991 to authorize the Secretary of Education to convene and consult with a panel of experts in correctional education to: (1) develop measures for evaluating the effectiveness of the literacy programs funded; and (2) evaluate the effectiveness of such programs.

(Sec. 20409) Amends the Federal criminal code to prohibit a Federal court from holding prison or jail crowding unconstitutional under the Eighth Amendment except to the extent that an individual plaintiff inmate proves that the crowding causes the infliction of cruel and unusual punishment of that inmate. Specifies that, in such cases, the relief shall extend no further than necessary to remove the conditions that are causing the cruel and unusual punishment of the plaintiff inmate.

Prohibits a Federal court from placing a ceiling on the inmate population of any Federal, State, or local detention facility as an equitable remedial measure for conditions that violate the Eighth Amendment unless crowding is inflicting cruel and unusual punishment on particular identified prisoners. Leaves intact Federal judicial power to issue other equitable relief where appropriate, including the requirement of improved medical or health care and the imposition of civil contempt fines or damages.

Requires that each Federal court order or consent decree seeking to remedy an Eighth Amendment violation be reopened at the behest of a defendant for recommended modification at a minimum of two-year intervals.

(Sec. 20410) Prohibits expanding the existing prison facilities and complex at the District of Columbia Corrections Facility at Lorton, Virginia, without congressional approval. Directs the Senate Appropriations Committee's Subcommittee on the District of Columbia to conduct hearings regarding expansion of the prison complex in Lorton prior to any such approval, permitting interested parties (including appropriate Fairfax County officials) to testify.

(Sec. 20411) Amends the Higher Education Act of 1965 to prohibit awards of Pell Grants to any individual incarcerated in a Federal or State penal institution.

(Sec. 20412) Revises early release requirements under the Federal criminal code to provide that credit toward a prisoner's service of sentence shall not vest unless the prisoner has earned or is making satisfactory progress toward a high school diploma or an equivalent degree. Directs the Attorney General to ensure that the Bureau of Prisons has in effect an optional General Educational Development (GED) program for inmates who have not earned a high school diploma or its equivalent (but permits exemptions to the GED requirement as deemed appropriate by the Director of the Bureau).

(Sec. 20413) Requires the Secretary of Defense and the Attorney General: (1) to jointly study the suitability of military installations selected before this Act's enactment to be closed pursuant to a base closure law for conversion into Federal prison facilities.

Directs the Attorney General, in determining where to locate any new Federal prison facility and in accordance with the Department of Justice's (DOJ) duty to review and identify a use for any portion of an installation closed pursuant to specified provisions of the Defense Authorization Amendments and Base Closure and Realignment Act and the Defense Base Closure and Realignment Act of 1990, to consider whether: (1) using any portion of such an installation provides a cost-effective alternative to the purchase of real property or construction of new prison facilities; (2) such use is consistent with a reutilization and redevelopment plan; and (3) the closure of any installation located in a rural area will have a substantial adverse impact on the economy of the local communities and on the ability of the communities to sustain an economic recovery from such closure. Sets forth reporting requirements.

(Sec. 20414) Requires the Director of the Administrative Office of the U.S. Courts (Administrative Office) to establish a program of drug testing of Federal offenders on post-conviction release.

(Sec. 20415) Amends the Internal Revenue Code to require every clerk of a Federal or State criminal court who receives more than $10,000 in cash as bail for any individual charged with a Federal criminal offense involving a controlled substance, racketeering, money laundering, and any substantially similar State criminal offense to make a return with respect to the receipt of such bail.

(Sec. 20416) Amends the Civil Rights of Institutionalized Persons Act to increase the period for exhaustion of administrative remedies to up to 180 days (currently, 90 days) and to require exhaustion where such remedies are fair and effective (currently, where such remedies are in substantial compliance with specified minimum acceptable standards).

(Sec. 20417) Requires notification to State and local law enforcement authorities (by the Director of the Bureau of Prisons, in the case of notice prior to release, and by the probation officer responsible for the supervision of the released prisoner, or in a manner specified by the Director of the Administrative Office for notice concerning a change of residence following release) concerning the release or relocation to their areas of Federal offenders under post-release supervision with respect to prisoners convicted of drug trafficking and violent crimes. Permits the use of such notice solely for law enforcement purposes.

(Sec. 20418) Directs the Attorney General to establish within DOJ an Office of Correctional Job Training and Placement.

Title III: Crime Prevention - Subtitle A: Ounce of Prevention Council - Establishes an Ounce of Prevention Council which: (1) for any program authorized under this Act, only at the request of the Council member with jurisdiction over that program, may coordinate that program through the Council; and (2) shall be responsible for such functions as coordinated planning, development of a comprehensive crime prevention program catalogue, provision of assistance to communities and community-based organization seeking information regarding crime prevention programs and integrated program service delivery, and development of strategies for program integration and grant simplification.

(Sec. 30102) Authorizes the Council to make grants for: (1) summer and after-school (including weekend and holiday) education and recreation programs; (2) mentoring, tutoring, and other programs involving participation by adult role models; (3) programs assisting and promoting employability and job placement; and (4) prevention and treatment programs to reduce substance abuse, child abuse, and adolescent pregnancy, including outreach programs for at-risk families.

Sets forth provisions regarding: (1) application requirements; (2) priorities in making grants; (3) the Federal share; and (4) program evaluation.

(Sec. 30104) Authorizes appropriations.

Subtitle B: Local Crime Prevention Block Grant Program - Directs the Attorney General to make specified payments to qualifying local governments for purposes including: (1) education, training, research, prevention, diversion, treatment, and rehabilitation programs to prevent juvenile violence, juvenile gangs, and the use and sale of illegal drugs by juveniles; (2) programs to prevent crimes against the elderly based on the concepts of the Triad model; (3) programs that prevent young children from becoming gang involved; (4) saturation jobs programs that provide employment opportunities leading to permanent unsubsidized employment for disadvantaged young adults age 16 through 25; and (5) midnight sports league programs that require each player to attend employment counseling, job training, and other education classes.

(Sec. 30202) Authorizes appropriations.

(Sec. 30203) Directs the Attorney General to issue regulations establishing procedures under which eligible local governments are required to provide notice of the proposed use of such assistance. Lists qualification requirements for payment (including that the government will establish a trust fund, use amounts in the trust fund during a reasonable period, and use specified accounting, audit, and fiscal procedures).

Sets forth provisions regarding: (1) review by governors; (2) sanctions for noncompliance; (3) allocation and distribution of funds; (4) utilization of the private sector; and (5) public hearings.

Chapter 2: Emerging Community Development Corporations - Establishes a program for emerging CDCs. Directs the Secretary to award skill enhancement grants and operating grants to CDCs.

(Sec. 31122) Authorizes the Secretary to award grants to emerging CDCs to enable them to establish, maintain, or expand revolving loan funds, to make or guarantee loans, or to make capital investments in new or expanding local businesses.

Chapter 3: Miscellaneous Provisions - Authorizes appropriations for: (1) the community economic partnership investment funds program; and (2) the emerging CDCs program.

For black people

Known as a “direct descendant of lynching,” the death penalty has always targeted and terrorized black and Latinx communities. The death penalty is more likely to be recommended when the victim of the crime is white rather than black, despite the fact that black men are the most likely victims of homicide.

If this directive survives litigation, it is expected to worsen racial disparities in the application of the death penalty, as black people are far more likely than white people to be arrested, charged, convicted, and incarcerated for drug crimes—even though they use and sell drugs at similar rates.

For other racial minority groups

The crime bill implemented a rash of new three-strikes laws—laws that impose automatic life sentences for people convicted of certain felony offenses if they already have two convictions on their record.

Imposing life sentences simply because an individual has a criminal record disproportionately targets people of color, who are more likely to have a record in the first place because of unequal contact with police and the justice system. Harsh collateral consequences limit employment opportunities for returning people, especially people of color, and increase the likelihood of recidivism.