United States. Congress. House. Committee on the J.

Taking Back Our Streets Act of 1995 : hearings before the Subcommittee on Crime of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 3 ... January 19 and 20, 1995 online

. (page 4 of 51)
Online LibraryUnited States. Congress. House. Committee on the JTaking Back Our Streets Act of 1995 : hearings before the Subcommittee on Crime of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 3 ... January 19 and 20, 1995 → online text (page 4 of 51)
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19 "(a) State Distribution. — Except as provided in

20 section 103(d), of the total amounts appropriated for this

21 title for each payment period, the Director shall allocate

22 for units of local government —

23 "(1) 0.25 percent to each State; and

24 "(2) of the total amount of funds remaining

25 after allocation under paragraph (1), an amount

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1 that is equal to the ratio that the number of part

2 1 violent crimes reported by such State to the Fed-

3 eral Bureau of Investigation for 1993, bears to the

4 number of part 1 violent crimes reported by all

5 States to the Federal Bureau of Investigation for

6 1993.

7 "(b) Local Distribution. —

8 "(1) From the amount reserved for each State

9 under subsection (a), the Director shall allocate to

10 each unit of local government an amount which —

11 "(A) bears the ratio that the number of

12 part 1 violent crimes reported by such unit to

13 the Federal Bureau of Investigation for 1993

14 bears to the number of part 1 violent crimes re-

15 ported by all units of local government in the

16 State in which the unit is located to the Federal

17 Bureau of Investigation for 1993 multiplied by

18 the ratio of the population living in all units in

19 the State in which the unit is located that re-

20 ported part 1 violent crimes to the Federal Bu-

21 reau of Investigation for 1993 bears to the pop-

22 ulation of the State; or

23 "(B) if such data are not available for a

24 unit, the ratio that the population of such unit

25 bears to the population of all units of local gov-

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1 emment in the State in which the unit is lo-

2 cated for which data are not available multi-

3 plied by the ratio of the population living in

4 units in the State in which the unit is located

5 for which data are not available bears to the

6 population of the State.

7 "(2) If under paragraph (1) a unit of local gov-

8 ernment is allotted less than $5,000 for the payment
.9 period, the amount allotted shall be transferred to

10 the Governor of the State who shall equitably dis-

11 tribute the allocation to all such units or consortia,

12 as the case may be.

13 "(3) (A) If a unit of local government in a State

14 that has been incorporated since the date of the col-

15 lection of the data used by the Director in making

16 allocations pursuant to this section, the Director

17 shall allocate to this newly incorporated unit of local

18 government, out of the amount allocated to the

19 State under this section, an amount bearing the

20 same ratio to the amount allocated to the State as

21 the population of the newly incorporated local gov-

22 ernment bears to the population of the State.

23 "(B) If a unit of local government in the State

24 has been annexed since the date of the collection of

25 the data used by the Director in making allocations

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1 pursuant to this section, the Director shall pay the

2 amount that would have been allocated to such unit

3 of local government to the unit of local government

4 that annexed it.

5 "(e) Unavailability of Information. — For pur-

6 poses of this section, if data regarding part 1 violent

7 crimes in any State for 1993 is unavailable or substan-

8 tially inaccurate, the Director shall utilize the best avail-

9 able comparable data regarding the number of violent

10 crimes for 1993 for such State for the purposes of alloca-

1 1 tion of any funds under this title.

1 2 "SEC. 105. UTILIZATION OF PRIVATE SECTOR.

13 "Funds or a portion of funds allocated under this

14 title may be utilized to contract with private, nonprofit en-

15 titles or community-based organizations to carry out the

16 purposes specified under section 101(a)(2).

17 "SEC. 106. PUBUC PARTICIPATION.

18 "(a) In General. — ^A unit of local government ex-

19 pending payments under this title shall hold at least one

20 public hearing on the proposed use of the payment from

21 the Director in relation to its entire budget.

22 "(b) Views. — ^At the hearing, persons shall be given

23 an opportunity to provide written and oral views to the

24 unit of local government authority responsible for enacting

25 the budget and to ask questions about the entire budget

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1 and the relation of the payment from the Director to the

2 entire budget.

3 "(c) Time and Place. — The unit of local govem-

4 ment shall hold the hearing at a time and place that allows

5 and encourages public attendance and participation.

6 "SEC. 107. ADRHNISTRATIVE PROVISIONS.

7 "The administrative provisions of part H of the Om-

8 nibus Crime Control and Safe Streets Act of 1968, shall

9 apply to this title.

10 "SEC. 108. DEFINITIONS.

1 1 "For the purposes of this title:

12 "(1) The term 'unit of local government'

13 means —

14 "(A) a county, township, city, or political

15 subdivision of a county, township, or city, that

16 is a unit of local government as determined by

17 the Secretary of Commerce for general statis-

18 tical purposes; and

19 "(B) the District of Columbia and the rec-

20 ognized governing body of an Indian tribe or

21 Alaskan Native village that carries out substan-

22 tial governmental duties and powers.

23 "(2) The term 'payment period' means each

24 one-year period beginning on October 1 of any year

25 in which a grant under this title is awarded.

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1 "(3) The term 'State' means any State of the

2 United States, the District of Columbia, the Com-

3 monwealth of Puerto Rico, the Virgin Islands, Amer-

4 iean Samoa, Guam, and the Northern Mariana Is-

5 lands, except that American Samoa, Guam, and the

6 Northern Mariana Islands shall be considered as one

7 State and that, for purposes of section 104(a), 33

8 percent of the amounts allocated shall be allocated

9 to American Samoa, 50 percent to Guam, and 17

10 percent to the Northern Mariana Islands.

11 "(4) The term 'Juvenile' means an individual

12 who is 17 years of age or younger.

13 "(5) The term 'part 1 violent crimes' means

14 murder and nonnegligent manslaughter, forcible

15 rape, robbery, and aggravated assault as reported to

16 the Federal Bureau of Investigation for purposes of

17 the Uniform Crime Reports.

18 "(6) The term 'Director' means the Director of

19 the Bureau of Justice Assistance.".

20 SEC. 402. CONFORMING AMENDMENT.

21 The amendments made to the Omnibus Crime Con-

22 trol and Safe Streets Act of 1968, as added by title I of

23 the Violent Crime Control and Law Enforcement Act of

24 1994, are repealed.



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1 TITLE V— TRUTH IN

2 SENTENCING GRANTS

3 SEC. 501. TRUTH IN SENTENCING GRANT PROGRAM.

4 Title V of the Violent Crime Control and Law En-

5 foreement Act of 1994 is amended to read as follows:

6 "TITLE V— TRUTH IN

7 SENTENCING GRANTS

8 "SEC. 501. AUTHORIZATION OF GRANTS.

9 "(a) In General. — The Attorney General is author-

10 ized to provide grants to eligible States and to eligible

11 States organized as a regional compact to build, expand,

12 and operate space in correctional facilities in order to in-

13 crease the prison bed capacity in such facilities for the

14 confinement of persons convicted of a serious violent fel-

15 ony and to build, expand, and operate temporary or per-

16 manent correctional facilities, including facilities on mili-

17 tary bases, for the confinement of convicted nonviolent of-

1 8 fenders and criminal aliens for the purpose of freeing suit-

19 able existing prison space for the confinement of persons

20 convicted of a serious violent felony.

21 "(b) Limitation. — ^An eligible State or eligible

22 States organized as a regional compact may receive either

23 a general grant under section 502 or a truth-in-sentencing

24 incentive grant under section 503.



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Online LibraryUnited States. Congress. House. Committee on the JTaking Back Our Streets Act of 1995 : hearings before the Subcommittee on Crime of the Committee on the Judiciary, House of Representatives, One Hundred Fourth Congress, first session, on H.R. 3 ... January 19 and 20, 1995 → online text (page 4 of 51)