U.S. Congress - Text of S.990 as Introduced in Senate Fighting Gangs and Empowering Youth Act of 2007
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S 990 ISCommentsClose CommentsPermalink
To fight criminal gangs.CommentsClose CommentsPermalink
March 26, 2007
Mr. MENENDEZ (for himself and Mr. LAUTENBERG) introduced the following bill; which was read twice and referred to the Committee on the JudiciaryCommentsClose CommentsPermalink
To fight criminal gangs.CommentsClose CommentsPermalink
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,CommentsClose CommentsPermalink
SECTION 1. SHORT TITLE AND TABLE OF CONTENTS.
(a) Short Title- This Act may be cited as the `Fighting Gangs and Empowering Youth Act of 2007'.CommentsClose CommentsPermalink
(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink
Sec. 1. Short title and table of contents.CommentsClose CommentsPermalink
TITLE I--PREVENTION AND ECONOMIC EMPOWERMENT
Subtitle A--Prevention
Sec. 101. Reauthorization of certain after-school programs.CommentsClose CommentsPermalink
Sec. 102. Reauthorization of Safe and Drug-Free Schools and Communities Act.CommentsClose CommentsPermalink
Sec. 103. Public and assisted housing gang elimination.CommentsClose CommentsPermalink
Sec. 104. Demonstration grants to encourage creative approaches to gang activity and after-school programs.CommentsClose CommentsPermalink
Sec. 105. Strategic community planning program.CommentsClose CommentsPermalink
Sec. 106. Reauthorization of the Gang Resistance Education and Training Projects Program and increased funding for the National Youth Gang Survey.CommentsClose CommentsPermalink
Subtitle B--Recidivism Reduction and Reentry Assistance
Sec. 111. Reauthorization of adult and juvenile offender State and local reentry demonstration projects.CommentsClose CommentsPermalink
Sec. 112. Children of incarcerated parents and families.CommentsClose CommentsPermalink
Sec. 113. Encouragement of employment of former prisoners.CommentsClose CommentsPermalink
Sec. 114. National Resource Center for Children and Families of the Incarcerated.CommentsClose CommentsPermalink
Sec. 115. Use of violent offender truth-in-sentencing grant funding for demonstration project activities.CommentsClose CommentsPermalink
Sec. 116. Grants to study parole or post-incarceration supervision violations and revocations.CommentsClose CommentsPermalink
Sec. 117. Improvement of the residential substance abuse treatment for State prisoners program.CommentsClose CommentsPermalink
Sec. 118. Residential drug abuse program in Federal prisons.CommentsClose CommentsPermalink
Sec. 119. Removal of limitation on amount of funds available for corrections education programs under the Adult Education and Family Literacy Act.CommentsClose CommentsPermalink
Sec. 120. Mentoring grants to nonprofit organizations.CommentsClose CommentsPermalink
Sec. 121. Clarification of authority to place prisoner in community corrections.CommentsClose CommentsPermalink
Sec. 122. Grants to States for improved workplace and community transition training for incarcerated youth offenders.CommentsClose CommentsPermalink
Sec. 123. Improved reentry procedures for Federal prisoners.CommentsClose CommentsPermalink
Subtitle C--Economic Empowerment
Sec. 131. Reauthorization of Learn and Serve America.CommentsClose CommentsPermalink
Sec. 132. Job Corps.CommentsClose CommentsPermalink
Sec. 133. Workforce Investment Act youth activities.CommentsClose CommentsPermalink
Sec. 134. Expansion and reauthorization of the mentoring initiative for system involved youth.CommentsClose CommentsPermalink
TITLE II--SUPPRESSION AND COMMUNITY ANTI-GANG INITIATIVES
Subtitle A--Gang Activity Policing Program
Sec. 201. Authority to make gang activity policing grants.CommentsClose CommentsPermalink
Sec. 202. Eligible activities.CommentsClose CommentsPermalink
Sec. 203. Preferential consideration of applications for certain grants.CommentsClose CommentsPermalink
Sec. 204. Use of components.CommentsClose CommentsPermalink
Sec. 205. Minimum amount.CommentsClose CommentsPermalink
Sec. 206. Matching funds.CommentsClose CommentsPermalink
Sec. 207. Authorization of appropriations.CommentsClose CommentsPermalink
Subtitle B--High-Intensity Interstate Gang Activity Areas
Sec. 211. Designation of and assistance for `high-intensity' interstate gang activity areas.CommentsClose CommentsPermalink
Subtitle C--Additional Funding
Sec. 221. Additional resources needed by the Federal Bureau of Investigation to investigate and prosecute violent criminal street gangs.CommentsClose CommentsPermalink
Sec. 222. Grants to prosecutors and law enforcement to combat violent crime and to protect witnesses and victims of crimes.CommentsClose CommentsPermalink
Sec. 223. Enhancement of Project Safe Neighborhoods initiative to improve enforcement of criminal laws against violent gangs.CommentsClose CommentsPermalink
Sec. 224. Providing additional forensic examiners.CommentsClose CommentsPermalink
TITLE III--PUNISHMENT AND IMPROVED CRIME DATA
Subtitle A--Gang Crimes
Sec. 301. Criminal street gangs.CommentsClose CommentsPermalink
Sec. 302. Solicitation or recruitment of persons and violent crimes in furtherance or in aid of criminal street gangs.CommentsClose CommentsPermalink
Sec. 303. Interstate and foreign travel or transportation in aid of racketeering enterprises and criminal street gangs.CommentsClose CommentsPermalink
Sec. 304. Amendments relating to violent crime in areas of exclusive Federal jurisdiction.CommentsClose CommentsPermalink
Sec. 305. Increased penalties for use of interstate commerce facilities in the commission of murder-for-hire and other felony crimes of violence.CommentsClose CommentsPermalink
Sec. 306. Increased penalties for violent crimes in aid of racketeering activity.CommentsClose CommentsPermalink
Sec. 307. Violent crimes committed during and in relation to a drug trafficking crime.CommentsClose CommentsPermalink
Sec. 308. Statute of limitations for violent crime.CommentsClose CommentsPermalink
Sec. 309. Predicate crimes for authorization of interception of wire, oral, and electronic communications.CommentsClose CommentsPermalink
Sec. 310. Clarification to hearsay exception for forfeiture by wrongdoing.CommentsClose CommentsPermalink
Sec. 311. Clarification of venue for retaliation against a witness.CommentsClose CommentsPermalink
Sec. 312. Amendment of sentencing guidelines relating to certain gang and violent crimes.CommentsClose CommentsPermalink
Sec. 313. Study on expanding Federal authority for juvenile offenders.CommentsClose CommentsPermalink
Subtitle B--Firearms Offenses
Sec. 321. Expansion of rebuttable presumption against release of persons charged with firearms offenses.CommentsClose CommentsPermalink
Sec. 322. Increased penalties for use of firearm in crime of violence or drug trafficking crime.CommentsClose CommentsPermalink
Sec. 323. Possession of firearms by dangerous felons.CommentsClose CommentsPermalink
Subtitle C--Crime Data
Sec. 331. Standardization of crime reporting and investigation.CommentsClose CommentsPermalink
Sec. 332. Consolidating and standardizing gang-related crime data.CommentsClose CommentsPermalink
TITLE I--PREVENTION AND ECONOMIC EMPOWERMENT
Subtitle A--Prevention
SEC. 101. REAUTHORIZATION OF CERTAIN AFTER-SCHOOL PROGRAMS.
(a) 21st Century Community Learning Centers- Section 4206 of the Elementary and Secondary Education Act of 1965 (
`SEC. 4206. AUTHORIZATION OF APPROPRIATIONS.
`There is authorized to be appropriated $2,750,000,000 for each of fiscal years 2008 and 2009.'.CommentsClose CommentsPermalink
(b) Carol M. White Physical Education Program- Section 5401 of the Elementary and Secondary Education Act of 1965 (
(1) by striking `There are' and inserting `(a) In General- There are'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(b) Physical Education- In addition to the amounts authorized to be appropriated by subsection (a), there are authorized to be appropriated $100,000,000 for each of fiscal years 2008 and 2009 to carry out subpart 10.'.CommentsClose CommentsPermalink
(c) Federal TRIO Programs- Section 402A(f) of the Higher Education Act of 1965 (
(d) GEARUP- Section 404H of the Higher Education Act of 1965 (
SEC. 102. REAUTHORIZATION OF SAFE AND DRUG-FREE SCHOOLS AND COMMUNITIES ACT.
(a) Safe and Drug-Free Schools and Communities- Section 4003 of the Elementary and Secondary Education Act of 1965 (
(1) in paragraph (1), by striking `$650,000,000 for fiscal year 2002' and inserting `$700,000,000 for fiscal year 2008'; andCommentsClose CommentsPermalink
(2) in paragraph (2), by striking `such sums for fiscal year 2002, and' and inserting `$400,000,000 for fiscal year 2008'.CommentsClose CommentsPermalink
(b) National Coordinator Initiative- Section 4125 of the Elementary and Secondary Education Act of 1965 (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking `From funds made available to carry out this subpart under section 4003(2), the Secretary may provide' and inserting `From amounts made available to carry out this subpart under section 4003(2) for each fiscal year, the Secretary shall reserve not less than $40,000,000 to provide'; andCommentsClose CommentsPermalink
(B) by inserting `, gang prevention,' after `drug prevention'; andCommentsClose CommentsPermalink
(2) in subsection (b)--CommentsClose CommentsPermalink
(A) in the first sentence--CommentsClose CommentsPermalink
(i) by inserting `, gang prevention,' after `serve as drug prevention'; andCommentsClose CommentsPermalink
(ii) by inserting `, gang,' after `significant drug'; andCommentsClose CommentsPermalink
(B) in the second sentence, by inserting `, gang,' after `analyzing assessments of drug'.CommentsClose CommentsPermalink
(c) Mentoring Program- Section 4130(b) of the Elementary and Secondary Education Act of 1965 (
(1) in the matter preceding subparagraph (A) of paragraph (1), by striking `The Secretary may award grants from funds made available to carry out this subpart under section 4003(2)' and inserting `From amounts made available to carry out this subpart under section 4003(2) for each fiscal year, the Secretary shall reserve not less than $50,000,000 to award grants';CommentsClose CommentsPermalink
(2) in paragraph (5)(B)(i), by inserting `elementary school and middle school' after `serves'; andCommentsClose CommentsPermalink
(3) in paragraph (5)(C)(ii)(IV), by striking `4th' and inserting `kindergarten'.CommentsClose CommentsPermalink
(d) Anti-Gang Discretionary Grants- Subpart 2 of part A of title IV of the Elementary and Secondary Education Act of 1965 (
`SEC. 4131. ANTI-GANG DISCRETIONARY GRANTS.
`(a) Authority To Make Grants- From amounts made available to carry out this subpart under section 4003(2) for each fiscal year, the Secretary shall reserve not less than $50,000,000 to award grants, on a competitive basis, to nonprofit organizations to enable the nonprofit organizations to establish programs to assist a public elementary school or middle school in providing an innovative approach--CommentsClose CommentsPermalink
`(1) to combat gang activity in the school and the community surrounding the school; andCommentsClose CommentsPermalink
`(2) to heighten awareness of, and provide tools to reduce, gang violence in the school and the community surrounding the school.CommentsClose CommentsPermalink
`(b) Application- To be eligible to receive a grant under this section, a nonprofit organization shall submit an application to the Secretary that includes a detailed plan to combat gang activity and reduce gang violence in a school and the surrounding community.CommentsClose CommentsPermalink
`(c) Priority Consideration- In awarding grants under this section, the Secretary shall give priority consideration to applications describing programs that target youth living in a community with a crime level above the average crime level of the State in which the community is located.'.CommentsClose CommentsPermalink
SEC. 103. PUBLIC AND ASSISTED HOUSING GANG ELIMINATION.
(a) Public and Assisted Housing- Title V of the Anti-Drug Abuse Act of 1988 (
`Subtitle H--Public and Assisted Housing Gang Elimination
`SEC. 5401. SHORT TITLE.
`This subtitle may be cited as the `Public and Assisted Housing Gang Elimination Act of 2007'.CommentsClose CommentsPermalink
`SEC. 5402. AUTHORITY TO MAKE GRANTS.
`The Secretary of Housing and Urban Development, in accordance with the provisions of this subtitle, may make grants to public housing agencies (including any Indian tribe or other recipient under the Native American Housing Assistance and Self-Determination Act of 1996) and private, for-profit and nonprofit owners of federally assisted low-income housing for use in eliminating gang-related crime.CommentsClose CommentsPermalink
`SEC. 5403. ELIGIBLE ACTIVITIES.
`Grants under this subtitle may be used in public housing or other federally assisted low-income housing projects for--CommentsClose CommentsPermalink
`(1) the employment of security personnel;CommentsClose CommentsPermalink
`(2) reimbursement of local law enforcement agencies for additional security and protective services;CommentsClose CommentsPermalink
`(3) physical improvements which are specifically designed to enhance security;CommentsClose CommentsPermalink
`(4) the employment of 1 or more individuals--CommentsClose CommentsPermalink
`(A) to investigate gang-related crime on or about the real property comprising any public or other federally assisted low-income housing project; andCommentsClose CommentsPermalink
`(B) to provide evidence relating to such crime in any administrative or judicial proceeding;CommentsClose CommentsPermalink
`(5) the provision of training, communications equipment, and other related equipment for use by voluntary tenant patrols acting in cooperation with local law enforcement officials;CommentsClose CommentsPermalink
`(6) programs designed to reduce gang activity in and around public or other federally assisted low-income housing projects, including encouraging teen-driven approaches to gang activity prevention; andCommentsClose CommentsPermalink
`(7) providing funding to nonprofit public housing resident management corporations and resident councils to develop security and gang prevention programs involving site residents.CommentsClose CommentsPermalink
`SEC. 5404. APPLICATIONS.
`(a) Required Submission-CommentsClose CommentsPermalink
`(1) IN GENERAL- To receive a grant under this subtitle, a public housing agency or an owner of federally assisted low-income housing shall submit an application to the Secretary, at such time, in such manner, and accompanied by such additional information as the Secretary may reasonably require.CommentsClose CommentsPermalink
`(2) REQUIRED INCLUSIONS- Any application submitted under paragraph (1) shall include a plan for addressing the problem of gang-related crime on the premises of the housing administered or owned by the applicant for which the application is being submitted.CommentsClose CommentsPermalink
`(b) Criteria- Except as provided by subsections (c) and (d) the Secretary shall approve applications under this subtitle based exclusively on--CommentsClose CommentsPermalink
`(1) the extent of the gang-related crime problem in the public or federally assisted low-income housing project or projects proposed for assistance;CommentsClose CommentsPermalink
`(2) the quality of the plan of the applicant to address the crime problem in the public or federally assisted low-income housing project or projects proposed for assistance, including the extent to which the plan includes initiatives that can be sustained over a period of several years;CommentsClose CommentsPermalink
`(3) the capability of the applicant to carry out the plan; andCommentsClose CommentsPermalink
`(4) the extent to which tenants, the local government, and the local community support and participate in the design and implementation of the activities proposed to be funded under the application.CommentsClose CommentsPermalink
`(c) Federally Assisted Low-Income Housing- In addition to the selection criteria described in subsection (b), the Secretary may establish other criteria for the evaluation of applications submitted by owners of federally assisted low-income housing, except that such additional criteria shall be designed only to reflect--CommentsClose CommentsPermalink
`(1) relevant differences between the financial resources and other characteristics of public housing authorities and owners of federally assisted low-income housing; orCommentsClose CommentsPermalink
`(2) relevant differences between the problem of gang-related crime in public housing and the problem of gang-related crime in federally assisted low-income housing.CommentsClose CommentsPermalink
`(d) High-Intensity Interstate Gang Activity Areas- In evaluating the extent of the gang-related crime problem pursuant to subsection (b), the Secretary may consider whether housing projects proposed for assistance are located in a high-intensity interstate gang activity area designated under section 211 of the Fighting Gangs and Empowering Youth Act of 2007.CommentsClose CommentsPermalink
`SEC. 5405. DEFINITIONS.
`For the purposes of this subtitle, the following definitions shall apply:CommentsClose CommentsPermalink
`(1) SECRETARY- The term `Secretary' means the Secretary of Housing and Urban Development.CommentsClose CommentsPermalink
`(2) FEDERALLY ASSISTED LOW-INCOME HOUSING- The term `federally assisted low-income housing' means housing assisted under--CommentsClose CommentsPermalink
`(A) section 221(d)(3), section 221(d)(4), or 236 of the National Housing Act;CommentsClose CommentsPermalink
`(B) section 101 of the Housing and Urban Development Act of 1965;CommentsClose CommentsPermalink
`(C) section 8 of the United States Housing Act of 1937; orCommentsClose CommentsPermalink
`(D) the Native American Housing Assistance and Self-Determination Act of 1996.CommentsClose CommentsPermalink
`SEC. 5406. IMPLEMENTATION.
`The Secretary shall issue regulations to implement this subtitle within 180 days after the date of enactment of this subtitle.CommentsClose CommentsPermalink
`SEC. 5407. REPORTS.
`The Secretary shall require any recipient of a grant under this subtitle to provide periodic reports that include the obligation and expenditure of grant funds, the progress made by the grantee in implementing the plan described in section 5404(a), and any change in the incidence of gang-related crime in projects assisted under this subtitle.CommentsClose CommentsPermalink
`SEC. 5408. MONITORING.
`The Secretary shall audit and monitor the programs funded under this subtitle to ensure that assistance provided under this subtitle is administered in accordance with the provisions of this subtitle.CommentsClose CommentsPermalink
`SEC. 5409. AUTHORIZATION OF APPROPRIATIONS.
`(a) In General- There is authorized to be appropriated to carry out this subtitle $200,000,000 for each of the fiscal years 2008 through 2012. Any amount appropriated under this section shall remain available until expended.CommentsClose CommentsPermalink
`(b) Set-Aside for Assisted Housing- Of any amount made available in any fiscal year to carry out this subtitle, not more than 6.25 percent of such amount shall be available for grants for federally assisted low-income housing.'.CommentsClose CommentsPermalink
(b) Conforming Amendment- The table of contents in section 5001 of the Anti-Drug Abuse Act of 1988 (
`Subtitle H--Public and Assisted Housing Drug Elimination
`Sec. 5401. Short title.CommentsClose CommentsPermalink
`Sec. 5402. Authority to make grants.CommentsClose CommentsPermalink
`Sec. 5403. Eligible activities.CommentsClose CommentsPermalink
`Sec. 5404. Applications.CommentsClose CommentsPermalink
`Sec. 5405. Definitions.CommentsClose CommentsPermalink
`Sec. 5406. Implementation.CommentsClose CommentsPermalink
`Sec. 5407 Reports.CommentsClose CommentsPermalink
`Sec. 5408. Monitoring.CommentsClose CommentsPermalink
`Sec. 5409. Authorization of appropriations.'.CommentsClose CommentsPermalink
SEC. 104. DEMONSTRATION GRANTS TO ENCOURAGE CREATIVE APPROACHES TO GANG ACTIVITY AND AFTER-SCHOOL PROGRAMS.
(a) In General- The Attorney General may make grants to public or nonprofit private entities (including faith-based organizations) for the purpose of assisting the entities in carrying out projects involving innovative approaches to combat gang activity.CommentsClose CommentsPermalink
(b) Certain Approaches- Approaches under subsection (a) may include the following:CommentsClose CommentsPermalink
(1) Encouraging teen-driven approaches to gang activity prevention.CommentsClose CommentsPermalink
(2) Educating parents to recognize signs of problems and potential gang involvement in their children.CommentsClose CommentsPermalink
(3) Teaching parents the importance of a nurturing family and home environment to keep children out of gangs.CommentsClose CommentsPermalink
(4) Facilitating communication between parents and children, especially programs that have been evaluated and proven effective.CommentsClose CommentsPermalink
(c) Matching Funds-CommentsClose CommentsPermalink
(1) IN GENERAL- The Attorney General may make a grant under this section only if the entity receiving the grant agrees to make available (directly or through donations from public or private entities) non-Federal contributions toward the cost of activities to be performed with that grant in an amount that is not less than 25 percent of such costs.CommentsClose CommentsPermalink
(2) DETERMINATION OF AMOUNT CONTRIBUTED- Non-Federal contributions required under paragraph (1) may be in cash or in kind, fairly evaluated, including facilities, equipment, or services. Amounts provided by the Federal Government, or services assisted or subsidized to any significant extent by the Federal Government, may not be included in determining the amount of such non-Federal contributions.CommentsClose CommentsPermalink
(d) Evaluation of Projects-CommentsClose CommentsPermalink
(1) IN GENERAL- The Attorney General shall establish criteria for the evaluation of projects involving innovative approaches under subsection (a).CommentsClose CommentsPermalink
(2) GRANTEES- A grant may be made under such subsection only if the entity involved--CommentsClose CommentsPermalink
(A) agrees to conduct evaluations of the approach in accordance with such criteria;CommentsClose CommentsPermalink
(B) agrees to submit to the Attorney General reports describing the results of the evaluations, as the Attorney General determines to be appropriate; andCommentsClose CommentsPermalink
(C) submits to the Attorney General, in the application under subsection (e), a plan for conducting the evaluations.CommentsClose CommentsPermalink
(e) Application for Grant- The Attorney General may make a grant under subsection (a) only if an application for the grant is submitted to the Attorney General and the application is in such form, is made in such manner, and contains such agreements, assurances, and information (including the agreements under subsections (c) and (d) and the plan under subsection (d)(2)(C)) as the Attorney General determines to be necessary to carry out this section.CommentsClose CommentsPermalink
(f) Report to Congress- Not later than October 1, 2012, the Attorney General shall submit to Congress a report describing the extent to which the approaches under subsection (a) have been successful in reducing the rate of gang activity in the communities in which the approaches have been carried out. That report shall describe the various approaches used under subsection (a) and the effectiveness of each of the approaches.CommentsClose CommentsPermalink
(g) Authorization of Appropriations- For the purpose of carrying out this section, there are authorized to be appropriated $5,000,000 for each of the fiscal years 2008 through 2012.CommentsClose CommentsPermalink
SEC. 105. STRATEGIC COMMUNITY PLANNING PROGRAM.
The Violent Crime Control and Law Enforcement Act of 1994 (
`Subtitle G--Strategic Community Planning Program
`SEC. 30701. GRANT AUTHORITY.
`(a) Grants-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Attorney General may award grants on a competitive basis to eligible local entities to assist eligible communities in developing and carrying out programs that target at-risk youth and juvenile offenders ages 11 to 19 years, who--CommentsClose CommentsPermalink
`(A) fail to successfully complete secondary school;CommentsClose CommentsPermalink
`(B) have entered the juvenile justice system; orCommentsClose CommentsPermalink
`(C) are at risk of failing to successfully complete secondary school or entering the juvenile justice system.CommentsClose CommentsPermalink
`(2) GRANT AMOUNT- A grant awarded to an eligible local entity under this subtitle shall be for not less than $250,000 for a fiscal year. Amounts made available through such a grant shall remain available until expended.CommentsClose CommentsPermalink
`(b) Program Requirements-CommentsClose CommentsPermalink
`(1) PROGRAMS- An eligible local entity that receives funds under this subtitle shall develop or expand community programs in eligible communities that are designed to target at-risk youths and juvenile offenders through prevention, early intervention, and graduated sanctions.CommentsClose CommentsPermalink
`(2) OPTIONAL ACTIVITIES- An eligible local entity that receives funds under this subtitle may develop a variety of programs to serve the comprehensive needs of at-risk youth and juvenile offenders, including--CommentsClose CommentsPermalink
`(A) homework assistance and after-school programs, including educational, social, and athletic activities;CommentsClose CommentsPermalink
`(B) mentoring programs;CommentsClose CommentsPermalink
`(C) family counseling; andCommentsClose CommentsPermalink
`(D) parental training programs.CommentsClose CommentsPermalink
`(c) Eligible Community Identification- The Attorney General shall establish by regulation the criteria necessary to qualify as an eligible community, which shall include criteria with respect to significant poverty and significant violent crime.CommentsClose CommentsPermalink
`SEC. 30702. APPLICATIONS.
`(a) Application Required- To be eligible to receive a grant under this subtitle, a local entity shall submit an application to the Attorney General at such time, in such manner, and accompanied by such information, as the Attorney General may reasonably require.CommentsClose CommentsPermalink
`(b) Contents of Application- Each application submitted under subsection (a) shall--CommentsClose CommentsPermalink
`(1) contain a comprehensive plan for the program that is designed to improve the academic and social development of at-risk youths and juvenile offenders in the eligible community, which--CommentsClose CommentsPermalink
`(A) identifies an eligible community to be assisted;CommentsClose CommentsPermalink
`(B) describes the community planning process to be used by the local entity that includes--CommentsClose CommentsPermalink
`(i) parents and family members;CommentsClose CommentsPermalink
`(ii) local school officials;CommentsClose CommentsPermalink
`(iii) teachers employed at schools within the eligible community;CommentsClose CommentsPermalink
`(iv) local public officials;CommentsClose CommentsPermalink
`(v) law enforcement officers and officials;CommentsClose CommentsPermalink
`(vi) clergy and faith-based organizations;CommentsClose CommentsPermalink
`(vii) public housing authorities;CommentsClose CommentsPermalink
`(viii) public housing resident organization members, where applicable; andCommentsClose CommentsPermalink
`(ix) public and private nonprofit organizations that provide education, child protective services, or other human services to low-income, at-risk youth and juvenile offenders, and their families; andCommentsClose CommentsPermalink
`(C) develops a concentrated strategy for implementation of the community planning process developed under subparagraph (B) that targets clusters of at-risk youth and juvenile offenders in the eligible community;CommentsClose CommentsPermalink
`(2) provide evidence of support for accomplishing the objectives of such plan from--CommentsClose CommentsPermalink
`(A) community leaders;CommentsClose CommentsPermalink
`(B) a school district;CommentsClose CommentsPermalink
`(C) local officials; andCommentsClose CommentsPermalink
`(D) other organizations that the local entity determines to be appropriate;CommentsClose CommentsPermalink
`(3) provide an assurance that the local entity will use grant funds received under this subsection to implement the program requirements listed in section 30701(b);CommentsClose CommentsPermalink
`(4) include an estimate of the number of at-risk youth and juvenile offenders in the eligible community expected to be served under the program;CommentsClose CommentsPermalink
`(5) provide an assurance that the local entity will prepare and submit to the Attorney General an annual report regarding any program conducted under this subtitle; andCommentsClose CommentsPermalink
`(6) provide an assurance that the local entity will maintain separate accounting records for the program.CommentsClose CommentsPermalink
`(c) Priority- In awarding grants under this subtitle, the Attorney General shall give priority to eligible local entities that identify under subsection (b)(1)(A) an eligible community that, when compared to other eligible communities, has a greater need than such other eligible communities for assistance under this subtitle, as determined by the Attorney General based on the criteria established under section 30701(c).CommentsClose CommentsPermalink
`(d) Federal Share- The Federal share of the costs of a program developed or carried out with a grant under this section shall be not more than 70 percent. The non-Federal share of such costs may be in cash or in kind, fairly evaluated, including personnel, facilities, equipment, and services.CommentsClose CommentsPermalink
`SEC. 30703. DEFINITIONS.
`For purposes of this subtitle--CommentsClose CommentsPermalink
`(1) the term `local entity' means--CommentsClose CommentsPermalink
`(A) a local educational agency; orCommentsClose CommentsPermalink
`(B) a community-based organization, as defined in section 9101 of the Elementary and Secondary Education Act of 1965 (
`(2) the term `eligible community' means an area which meets the criteria established by the Attorney General in accordance with section 30701(c).CommentsClose CommentsPermalink
`SEC. 30704. AUTHORIZATION OF APPROPRIATIONS.
`There are authorized to be appropriated for grants under this subtitle--CommentsClose CommentsPermalink
`(1) $10,000,000 for fiscal year 2008;CommentsClose CommentsPermalink
`(2) $11,000,000 for fiscal year 2009;CommentsClose CommentsPermalink
`(3) $12,000,000 for fiscal year 2010;CommentsClose CommentsPermalink
`(4) $13,000,000 for fiscal year 2011; andCommentsClose CommentsPermalink
`(5) $14,000,000 for fiscal year 2012.'.CommentsClose CommentsPermalink
SEC. 106. REAUTHORIZATION OF THE GANG RESISTANCE EDUCATION AND TRAINING PROJECTS PROGRAM AND INCREASED FUNDING FOR THE NATIONAL YOUTH GANG SURVEY.
Section 32401 of the Violent Crime Control and Law Enforcement Act of 1994 (
(1) in subsection (b)--CommentsClose CommentsPermalink
(A) by inserting `and' at the end of paragraph (2); andCommentsClose CommentsPermalink
(B) by striking paragraphs (3) through (5) and inserting the following:CommentsClose CommentsPermalink
`(3) $21,000,000 for each of the fiscal years 2008 through 2012.'; andCommentsClose CommentsPermalink
(2) by adding at the end the following:CommentsClose CommentsPermalink
`(c) Use of Funds- Not more than $1,000,000 of the funds authorized under this section for a fiscal year shall be used to increase the number of samples collected by the National Youth Gang Center for its annual National Youth Gang Survey.'.CommentsClose CommentsPermalink
Subtitle B--Recidivism Reduction and Reentry Assistance
SEC. 111. REAUTHORIZATION OF ADULT AND JUVENILE OFFENDER STATE AND LOCAL REENTRY DEMONSTRATION PROJECTS.
(a) Grant Authorization- Section 2976(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (
(b) Adult and Juvenile Offender Demonstration Projects Authorized- Section 2976(b) of the Omnibus Crime Control and Safe Streets Act of 1968 (
`(1) establishing or improving the system or systems under which--CommentsClose CommentsPermalink
`(A) the correctional agency of the State or local government develops and carries out plans to facilitate the reentry into the community of each offender in State or local custody;CommentsClose CommentsPermalink
`(B) the supervision and services provided to offenders in State or local custody are coordinated with the supervision and services provided to offenders after reentry into the community;CommentsClose CommentsPermalink
`(C) the efforts of various public and private entities to provide supervision and services to offenders, and to family members of such offenders, after offenders reenter the community are coordinated; andCommentsClose CommentsPermalink
`(D) offenders awaiting reentry into the community are provided with documents useful in achieving a successful transition from prison, jail, or detention (such as identification papers, referrals to services, medical prescriptions, job training certificates, apprenticeship papers, and information on obtaining public assistance);CommentsClose CommentsPermalink
`(2) carrying out programs and initiatives by units of local government to strengthen reentry services for offenders released from local jails;CommentsClose CommentsPermalink
`(3) enabling prison or jail mentors of offenders to remain in contact with those offenders (including through the use of such technology as videoconferencing) during incarceration and after reentry into the community, and encouraging the involvement of prison or jail mentors in the reentry process;CommentsClose CommentsPermalink
`(4) providing structured post-release housing and transitional housing (including group homes for recovering substance abusers) through which offenders are provided supervision and services immediately following reentry into the community;CommentsClose CommentsPermalink
`(5) assisting offenders in securing permanent housing upon release or following a stay in transitional housing;CommentsClose CommentsPermalink
`(6) providing continuity of health services (including screening, assessment, and aftercare for mental health services, substance abuse treatment and aftercare, and treatment for contagious diseases) to offenders in custody and after reentry into the community;CommentsClose CommentsPermalink
`(7) providing offenders with education, job training, responsible parenting and healthy relationship skills training designed specifically for addressing the needs of incarcerated and transitioning fathers and mothers, English as a second language programs, work experience programs, self-respect and life skills training, and other skills useful in achieving a successful transition from prison or jail;CommentsClose CommentsPermalink
`(8) facilitating collaboration among corrections and community corrections, technical schools, community colleges, and the workforce development and employment service sectors--CommentsClose CommentsPermalink
`(A) to promote the employment of offenders released from prison and jail, as appropriate, through efforts such as educating employers about existing financial incentives;CommentsClose CommentsPermalink
`(B) to facilitate the creation of job opportunities for offenders released from prison or jail, including transitional jobs and time-limited subsidized work experience (as appropriate);CommentsClose CommentsPermalink
`(C) to connect offenders to employment (including supportive employment and employment services) before their release to the community, to provide work supports (including transportation and retention services), as appropriate, and to identify labor market needs to ensure that education and training are appropriate;CommentsClose CommentsPermalink
`(D) to address barriers to employment (such as licensing), that are not directly connected to the crime committed, and to provide case management services as necessary to prepare offenders for jobs that offer the potential for advancement and growth; andCommentsClose CommentsPermalink
`(E) to address the risks that offenders reentering the community present to the community;CommentsClose CommentsPermalink
`(9) assessing the literacy and educational needs of offenders in custody and identifying and providing services appropriate to meet those needs, including follow-up assessments and long-term services;CommentsClose CommentsPermalink
`(10) systems under which family members of offenders are involved in facilitating the successful reentry of those offenders into the community, including removing obstacles to the maintenance of family relationships while the offender is in custody, strengthening the family's capacity to function as a stable living situation during reentry (as appropriate), and involving family members in the planning and implementation of the reentry process;CommentsClose CommentsPermalink
`(11) programs under which victims are included, on a voluntary basis, in the reentry process;CommentsClose CommentsPermalink
`(12) identifying and addressing barriers to collaborating with child welfare agencies in the joint provision of services to offenders in custody and to the children of such offenders;CommentsClose CommentsPermalink
`(13) carrying out programs that support children of incarcerated parents, including those in foster care and those cared for by grandparents or other relatives (commonly referred to as kinship care), including programs for mentoring children of incarcerated offenders;CommentsClose CommentsPermalink
`(14) carrying out programs for the entire family unit, including the coordination of service delivery across agencies;CommentsClose CommentsPermalink
`(15) implementing programs in correctional agencies to--CommentsClose CommentsPermalink
`(A) include the collection of information regarding any dependent children of an incarcerated offender as part of intake procedures, including the number of children, age, and location or jurisdiction; andCommentsClose CommentsPermalink
`(B) connect identified children with services as appropriate and as needed;CommentsClose CommentsPermalink
`(16) addressing barriers to the visitation of children with an incarcerated parent and maintenance of the parent-child relationship (as appropriate to the safety and well-being of the children), such as the location of facilities in remote areas, telephone costs, mail restrictions, and visitation policies;CommentsClose CommentsPermalink
`(17) creating, developing, or enhancing incarcerated offender and family assessments curricula, policies, procedures, or programs (including mentoring programs), in coordination with victim service providers, to help prisoners with a history or identified risk of domestic violence, dating violence, sexual assault, or stalking--CommentsClose CommentsPermalink
`(A) to reconnect with their families and communities (as appropriate or when it is safe to do so), with particular attention paid to the safety of children affected and the confidentiality concerns of victims; andCommentsClose CommentsPermalink
`(B) to become mutually respectful, nonabusive parents or partners;CommentsClose CommentsPermalink
`(18) developing programs and activities that support parent-child relationships, such as--CommentsClose CommentsPermalink
`(A) using telephone conferencing to permit incarcerated parents to participate in parent-teacher conferences;CommentsClose CommentsPermalink
`(B) using videoconferencing to allow virtual visitation when incarcerated offenders are more than 100 miles from their families;CommentsClose CommentsPermalink
`(C) the development of books on tape programs, through which incarcerated parents read a book into a tape to be sent to their children;CommentsClose CommentsPermalink
`(D) the establishment of family days, which provide for longer visitation hours or family activities;CommentsClose CommentsPermalink
`(E) the creation of children's areas in visitation rooms with parent-child activities;CommentsClose CommentsPermalink
`(F) the implementation of programs to help incarcerated parents stay connected to their children and learn responsible parenting and healthy relationship skills; andCommentsClose CommentsPermalink
`(G) programs for mentoring children of incarcerated offenders;CommentsClose CommentsPermalink
`(19) expanding family-based treatment centers that offer family-based comprehensive treatment services for offenders reentering the community and their children as a complete family unit;CommentsClose CommentsPermalink
`(20) conducting studies to determine the types of offenders who are returning to prison or jail, and which of those returning offenders represent the greatest risk to community safety;CommentsClose CommentsPermalink
`(21) developing or adopting procedures to ensure that dangerous felons are not released from prison or jail prematurely;CommentsClose CommentsPermalink
`(22) developing and implementing procedures to assist relevant authorities--CommentsClose CommentsPermalink
`(A) in determining when release is appropriate; andCommentsClose CommentsPermalink
`(B) in the use of data to inform the release decision;CommentsClose CommentsPermalink
`(23) developing and implementing procedures to identify efficiently and effectively those violators of probation, parole, or post-incarceration supervision who should be returned to prison or jail;CommentsClose CommentsPermalink
`(24) utilizing validated assessment tools to assess the risk factors of returning offenders to the community, and prioritizing services based on the risks related to offenders returning to the community;CommentsClose CommentsPermalink
`(25) facilitating and encouraging timely and complete payment of restitution and fines by offenders to victims and the community;CommentsClose CommentsPermalink
`(26) establishing or expanding the use of reentry courts and other programs to--CommentsClose CommentsPermalink
`(A) monitor offenders returning to the community;CommentsClose CommentsPermalink
`(B) provide offenders reentering the community with--CommentsClose CommentsPermalink
`(i) drug and alcohol testing and treatment; andCommentsClose CommentsPermalink
`(ii) mental and medical health assessment and services;CommentsClose CommentsPermalink
`(C) facilitate restorative justice practices and convene family or community impact panels, family impact educational classes, victim impact panels, or victim impact educational classes;CommentsClose CommentsPermalink
`(D) provide and coordinate the delivery of other community services to offenders, including--CommentsClose CommentsPermalink
`(i) housing assistance;CommentsClose CommentsPermalink
`(ii) education;CommentsClose CommentsPermalink
`(iii) employment training;CommentsClose CommentsPermalink
`(iv) children and family support, including responsible parenting and healthy relationship skills training designed specifically to address the needs of incarcerated and transitioning parents;CommentsClose CommentsPermalink
`(v) conflict resolution skills training;CommentsClose CommentsPermalink
`(vi) family violence intervention programs;CommentsClose CommentsPermalink
`(vii) culturally and linguistically competent services, as appropriate; andCommentsClose CommentsPermalink
`(viii) other appropriate services, as determined by the Attorney General; andCommentsClose CommentsPermalink
`(E) establish and implement graduated sanctions and incentives; andCommentsClose CommentsPermalink
`(27) providing technology and other tools to advance post-incarceration supervision.'.CommentsClose CommentsPermalink
(c) Juvenile Offender Demonstration Projects Reauthorized- Section 2976(c) of the Omnibus Crime Control and Safe Streets Act of 1968 (
(d) Applications; Requirements; Priorities; Performance Measurements- Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 (
(1) by redesignating subsection (h) as subsection (p); andCommentsClose CommentsPermalink
(2) by striking subsections (d) through (g) and inserting the following:CommentsClose CommentsPermalink
`(d) Applications- A State, unit of local government, territory, or Indian tribe (or a combination of such jurisdictions) desiring a grant under this section shall submit an application to the Attorney General that--CommentsClose CommentsPermalink
`(1) contains a reentry strategic plan developed under subsection (h) that describes the long-term strategy and a detailed implementation schedule, including the jurisdiction's plans to pay for the program after Federal funding is discontinued;CommentsClose CommentsPermalink
`(2) identifies the local government role in the applicant's offender reentry strategy, as well as the role of governmental agencies and nonprofit organizations that will be coordinated by, and that will collaborate on, such strategy, and certifies the involvement of such agencies and organizations;CommentsClose CommentsPermalink
`(3) describes the methodology and outcome measures that will be used in evaluating the program; andCommentsClose CommentsPermalink
`(4) includes a plan for the use of a State, local, territorial, or tribal reentry task force, as referenced in subsection (i), to carry out the activities funded under the grant.CommentsClose CommentsPermalink
`(e) Requirements- The Attorney General may make a grant to an applicant under this section only if the application--CommentsClose CommentsPermalink
`(1) reflects explicit support of the chief executive officer of the State, unit of local government, territory, or Indian tribe applying for a grant under this section;CommentsClose CommentsPermalink
`(2) provides extensive discussion of the role of State corrections departments, community corrections agencies, juvenile justice systems, or local jail systems, as the case may be, in ensuring successful reentry of offenders into their communities;CommentsClose CommentsPermalink
`(3) provides extensive evidence of collaboration with State and local government agencies overseeing health, housing, child welfare, education, substance abuse, and employment services, and local law enforcement;CommentsClose CommentsPermalink
`(4) provides a plan for analysis of the statutory, regulatory, rules-based, and practice-based hurdles of the applicant to an offender's reentry into the community that--CommentsClose CommentsPermalink
`(A) takes particular note and makes recommendations with respect to laws, regulations, rules, and practices that disqualify offenders from obtaining professional licenses or other requirements necessary for certain types of employment, and that hinder full civic participation;CommentsClose CommentsPermalink
`(B) identifies and makes recommendations with respect to those laws, regulations, rules, or practices that are not directly connected to the crime committed and the risk that the offender presents to the community; andCommentsClose CommentsPermalink
`(C) affords members of the public an opportunity to participate in the process described in this paragraph.CommentsClose CommentsPermalink
`(f) Priority Consideration- The Attorney General shall give priority to grant applications under this section that best--CommentsClose CommentsPermalink
`(1) focus initiative on geographic areas with a high population of offenders reentering the community;CommentsClose CommentsPermalink
`(2) include partnerships with nonprofit organizations;CommentsClose CommentsPermalink
`(3) provide consultations with crime victims and offenders who have reentered the community and their families;CommentsClose CommentsPermalink
`(4) review the process by which the State and local governments adjudicate violations of parole, probation, or post-incarceration supervision, and consider reforms to maximize the use of graduated, community-based sanctions for minor and technical violations of parole, probation, or post-incarceration supervision;CommentsClose CommentsPermalink
`(5) establish prerelease planning procedures for offenders to ensure that an offender's eligibility for Federal or State benefits (including Medicaid, Medicare, Social Security, and veterans benefits) upon release is established prior to release, subject to any limitations in law, and to ensure that offenders are provided with referrals to appropriate social and health services or are linked to appropriate nonprofit organizations; andCommentsClose CommentsPermalink
`(6) target high-risk offenders for reentry programs through validated assessment tools.CommentsClose CommentsPermalink
`(g) Uses of Grant Funds-CommentsClose CommentsPermalink
`(1) FEDERAL SHARE- The Federal share of the costs of a project carried out with a grant under this section shall be not more than 75 percent, unless the Attorney General--CommentsClose CommentsPermalink
`(A) waives, in whole or in part, the requirement of this paragraph; andCommentsClose CommentsPermalink
`(B) publicly delineates the rationale for the waiver.CommentsClose CommentsPermalink
`(2) SUPPLEMENT NOT SUPPLANT- Federal funds received under this section shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for the activities funded under this section.CommentsClose CommentsPermalink
`(h) Reentry Strategic Plan-CommentsClose CommentsPermalink
`(1) IN GENERAL- As a condition of receiving financial assistance under this section, each applicant shall develop a comprehensive strategic reentry plan that contains measurable annual and 5-year performance outcomes. The plan shall have as a goal to reduce the rate of recidivism of offenders served with funds received under this section by 50 percent over a period of 5 years.CommentsClose CommentsPermalink
`(2) COORDINATION- In developing reentry plans under this subsection, applicants shall coordinate with communities and stakeholders, including persons in the fields of public safety, corrections, housing, health, education, substance abuse, children and families, employment, business, and members of nonprofit organizations that provide reentry services.CommentsClose CommentsPermalink
`(3) MEASUREMENTS OF PROGRESS- Each reentry plan developed under this subsection shall include a plan to measure the progress of the applicant toward increasing public safety by reducing rates of recidivism and enabling offenders to transition successfully back into their communities.CommentsClose CommentsPermalink
`(i) Reentry Task Force-CommentsClose CommentsPermalink
`(1) IN GENERAL- As a condition of receiving a grant under this section, each applicant shall establish or empower a Reentry Task Force, or other relevant convening authority, to examine ways to pool resources and funding streams to promote lower recidivism rates for offenders reentering the community and to minimize the harmful effects of incarceration on families and communities by collecting data and best practices in offender reentry from demonstration grantees and other agencies and organizations, and to provide a plan, as described in subsection (e)(4).CommentsClose CommentsPermalink
`(2) MEMBERSHIP- The reentry task force or other authority shall be comprised of relevant--CommentsClose CommentsPermalink
`(A) State, tribal, territorial, or local leaders;CommentsClose CommentsPermalink
`(B) agencies;CommentsClose CommentsPermalink
`(C) service providers;CommentsClose CommentsPermalink
`(D) nonprofit organizations; andCommentsClose CommentsPermalink
`(E) stakeholders.CommentsClose CommentsPermalink
`(j) Strategic Performance Outcomes-CommentsClose CommentsPermalink
`(1) IN GENERAL- Each applicant shall identify in the reentry strategic plan of that applicant developed under subsection (h) specific performance outcomes related to the long-term goals of increasing public safety and reducing recidivism.CommentsClose CommentsPermalink
`(2) PERFORMANCE OUTCOMES- The performance outcomes identified under paragraph (1) shall include, with respect to offenders reentering the community--CommentsClose CommentsPermalink
`(A) reduction in recidivism rates;CommentsClose CommentsPermalink
`(B) reduction in crime;CommentsClose CommentsPermalink
`(C) increased employment and education opportunities;CommentsClose CommentsPermalink
`(D) reduction in violations of conditions of supervised release;CommentsClose CommentsPermalink
`(E) increased payment of child support;CommentsClose CommentsPermalink
`(F) increased housing opportunities;CommentsClose CommentsPermalink
`(G) reduction in drug and alcohol abuse; andCommentsClose CommentsPermalink
`(H) increased participation in substance abuse and mental health services.CommentsClose CommentsPermalink
`(3) OTHER OUTCOMES- States may include in their reentry strategic plan other performance outcomes that increase the success rates of offenders reentering the community.CommentsClose CommentsPermalink
`(4) COORDINATION- Applicants shall coordinate with communities and stakeholders about the selection of performance outcomes identified by the applicant, and shall consult with the Department of Justice for assistance with data collection and measurement activities.CommentsClose CommentsPermalink
`(k) Report- Each grantee under this section shall submit an annual report to the Attorney General that--CommentsClose CommentsPermalink
`(1) identifies the progress of that grantee toward achieving its strategic performance outcomes identified under subsection (j); andCommentsClose CommentsPermalink
`(2) describes other activities conducted by the grantee to increase the success rates of the reentry population, such as programs that foster effective risk management and treatment programming, offender accountability, and community and victim participation.CommentsClose CommentsPermalink
`(l) Performance Measurement-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Attorney General, in consultation with the grantees, shall--CommentsClose CommentsPermalink
`(A) identify primary and secondary sources of information to support the measurement of the strategic performance outcomes identified under subsection (j);CommentsClose CommentsPermalink
`(B) identify sources and methods of data collection in support of performance measurement required under this section;CommentsClose CommentsPermalink
`(C) provide to all grantees technical assistance and training on performance measures and data collection for purposes of this section; andCommentsClose CommentsPermalink
`(D) coordinate with the Substance Abuse and Mental Health Services Administration on strategic performance outcome measures and data collection for purposes of this section relating to substance abuse and mental health.CommentsClose CommentsPermalink
`(2) COORDINATION- The Attorney General shall coordinate with other Federal agencies to identify national and other sources of information to support grantee's performance measurement.CommentsClose CommentsPermalink
`(3) STANDARDS FOR ANALYSIS- Any statistical analysis of population data conducted under this section shall be conducted in accordance with the Federal Register Notice dated October 30, 1997, relating to classification standards.CommentsClose CommentsPermalink
`(m) National Adult and Juvenile Offender Reentry Resource Center-CommentsClose CommentsPermalink
`(1) AUTHORITY- The Attorney General may, using amounts made available to carry out this section, make a grant to an eligible organization to provide for the establishment of a National Adult and Juvenile Offender Reentry Resource Center.CommentsClose CommentsPermalink
`(2) ELIGIBLE ORGANIZATION- An organization eligible for the grant under paragraph (1) is any national nonprofit organization that--CommentsClose CommentsPermalink
`(A) is approved by the Federal task force established under subsection (o); andCommentsClose CommentsPermalink
`(B) provides technical assistance and training to, and has special expertise and broad, national-level experience in, offender reentry programs, training, and research.CommentsClose CommentsPermalink
`(3) USE OF FUNDS- The organization receiving the grant under paragraph (1) shall establish a National Adult and Juvenile Offender Reentry Resource Center to--CommentsClose CommentsPermalink
`(A) provide education, training, and technical assistance to States, units of local governments, territories, tribes, service providers, nonprofit organizations, and corrections institutions;CommentsClose CommentsPermalink
`(B) collect data and best practices in offender reentry from demonstration grantees and others agencies and organizations;CommentsClose CommentsPermalink
`(C) develop and disseminate evaluation tools, mechanisms, and measures to better assess and document coalition performance measures and outcomes;CommentsClose CommentsPermalink
`(D) disseminate knowledge to States and other relevant entities about reentry, including best practices, policy standards, and research findings;CommentsClose CommentsPermalink
`(E) develop and implement procedures to assist relevant authorities in--CommentsClose CommentsPermalink
`(i) determining when release is appropriate; andCommentsClose CommentsPermalink
`(ii) the use of data to inform the release decision;CommentsClose CommentsPermalink
`(F) develop and implement procedures to identify efficiently and effectively those violators of probation, parole, or post-incarceration supervision who should be returned to prison or jail and those who should receive other penalties based on defined, graduated sanctions;CommentsClose CommentsPermalink
`(G) collaborate with the Federal task force established under subsection (o) and the Federal Resource Center for Children of Prisoners;CommentsClose CommentsPermalink
`(H) develop a national reentry research agenda; andCommentsClose CommentsPermalink
`(I) bridge the gap between reentry research and practice by translating knowledge from reentry research into practical information.CommentsClose CommentsPermalink
`(4) LIMIT- Of amounts made available to carry out this section, not more than 4 percent shall be available to carry out this subsection.CommentsClose CommentsPermalink
`(n) Administration- Of amounts made available to carry out this section--CommentsClose CommentsPermalink
`(1) not more than 2 percent shall be available for administrative expenses in carrying out this section; andCommentsClose CommentsPermalink
`(2) not more than 2 percent shall be made available to the National Institute of Justice to evaluate the effectiveness of the demonstration projects funded under this section in reducing recidivism and increasing public safety.CommentsClose CommentsPermalink
`(o) Task Force on Federal Programs and Activities Relating to Reentry of Offenders-CommentsClose CommentsPermalink
`(1) TASK FORCE REQUIRED- The Attorney General, in consultation with the Secretary of Housing and Urban Development, the Secretary of Labor, the Secretary of Education, the Secretary of Health and Human Services, the Secretary of Veterans Affairs, the Secretary of Agriculture, and the heads of such other elements of the Federal Government as the Attorney General considers appropriate, and in collaboration with States, units of local government, territories, tribes, stakeholders, service providers, and nonprofit organizations, shall establish an interagency task force on Federal programs and activities relating to the reentry of offenders into the community.CommentsClose CommentsPermalink
`(2) DUTIES- The task force established under paragraph (1) shall--CommentsClose CommentsPermalink
`(A) identify any reentry program or activity that may be resulting in overlapping or duplication of reentry services, the scope of such overlapping or duplication, and the relationship of such overlapping and duplication to public safety, public health, and effectiveness and efficiency;CommentsClose CommentsPermalink
`(B) identify methods to improve collaboration and coordination of such programs and activities;CommentsClose CommentsPermalink
`(C) identify areas of responsibility in which improved collaboration and coordination of such programs and activities would result in increased effectiveness or efficiency;CommentsClose CommentsPermalink
`(D) develop innovative interagency or intergovernmental programs, activities, or procedures that would improve outcomes of offenders reentering the community and the children of offenders;CommentsClose CommentsPermalink
`(E) develop methods for increasing regular communication that would increase interagency program effectiveness;CommentsClose CommentsPermalink
`(F) identify areas of research that can be coordinated across agencies with an emphasis on applying science-based practices to support, treatment, and intervention programs for offenders reentering the community;CommentsClose CommentsPermalink
`(G) identify funding areas that should be coordinated across agencies, and any gaps in funding for reentry services; andCommentsClose CommentsPermalink
`(H) in collaboration with the National Adult and Juvenile Offender Reentry Resources Center established under subsection (m), identify successful reentry programs and collect best practices in offender reentry from demonstration grantees and other agencies and organizations, determine the extent to which such programs and practices can be replicated, and make information on such programs and practices available to States, localities, nonprofit organizations, and others.CommentsClose CommentsPermalink
`(3) REPORT-CommentsClose CommentsPermalink
`(A) IN GENERAL- Not later than 1 year after the date of enactment of the Fighting Gangs and Empowering Youth Act of 2007, the task force established under paragraph (1) shall submit to Congress a report on barriers to reentry, including recommendations to overcome such barriers. The task force shall provide for public input in preparing the report.CommentsClose CommentsPermalink
`(B) CONTENTS- The report required by subparagraph (A) shall identify Federal and other barriers to successful reentry of offenders into the community and analyze the effects of such barriers on offenders and on children and other family members of offenders, including barriers relating to--CommentsClose CommentsPermalink
`(i) child support obligations and procedures;CommentsClose CommentsPermalink
`(ii) Social Security benefits (including barriers in timely restoration of suspended disability benefits immediately upon release), veterans benefits, food stamps, and other forms of Federal public assistance;CommentsClose CommentsPermalink
`(iii) Medicaid and Medicare laws, regulations, guidelines or procedures (including barriers in timely restoration of benefits caused by delay in reinstatement of suspended Social Security disability benefits);CommentsClose CommentsPermalink
`(iv) education programs, financial assistance, and full civic participation;CommentsClose CommentsPermalink
`(v) TANF program funding criteria and other welfare benefits;CommentsClose CommentsPermalink
`(vi) sustainable employment and career advancement, including barriers that are not directly connected to the crime committed and the risk that the offender presents to the community;CommentsClose CommentsPermalink
`(vii) laws, regulations, rules, and practices that restrict Federal employment licensure and participation in Federal contracting programs;CommentsClose CommentsPermalink
`(viii) admissions to and evictions from Federal housing programs, including--CommentsClose CommentsPermalink
`(I) examining the number and characteristics of offenders who are evicted from or denied eligibility for Federal housing programs;CommentsClose CommentsPermalink
`(II) the effect of eligibility denials and evictions on homelessness, family stability, and family reunification;CommentsClose CommentsPermalink
`(III) the extent to which arrest records are the basis for denying applications;CommentsClose CommentsPermalink
`(IV) the implications of considering misdemeanor convictions that occurred more than 5 years before the date of an application and felony convictions that occurred more than 10 years before the date of an application, and the appropriateness of taking into account rehabilitation and other mitigating factors; andCommentsClose CommentsPermalink
`(V) the feasibility of using probationary or conditional eligibility based on participation in a supervised rehabilitation program or other appropriate social services;CommentsClose CommentsPermalink
`(ix) reentry procedures, case planning, and transitions of offenders from the custody of the Bureau of Prisons to a Federal parole or probation program, or to community corrections;CommentsClose CommentsPermalink
`(x) laws, regulations, rules, and practices that may require a parolee to return to the same county that the parolee was living in prior to being arrested, and the potential for changing such laws, regulations, rules, and practices; andCommentsClose CommentsPermalink
`(xi) prerelease planning procedures for offenders to ensure that the eligibility of an offender for Federal or State benefits (including Medicaid, Medicare, Social Security and veterans benefits) upon release is established prior to release, subject to any limitations in law, and to ensure that offenders are provided with referrals to appropriate social and health services or are linked to appropriate nonprofit organizations.CommentsClose CommentsPermalink
`(4) ANNUAL REPORTS- On an annual basis, the task force established under paragraph (1) shall submit to Congress a report on the activities of the task force, including specific recommendations of the task force on matters referred to in paragraph (2).CommentsClose CommentsPermalink
`(5) STANDARDS FOR ANALYSIS- Any statistical analysis of population data under this section shall be conducted in accordance with the Federal Register Notice dated October 30, 1997, relating to classification standards.'.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- Section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 (
SEC. 112. CHILDREN OF INCARCERATED PARENTS AND FAMILIES.
The Secretary of Health and Human Services may--CommentsClose CommentsPermalink
(1) prepare and make available to States a report on any recommendations regarding the role of State child protective services at the time of the arrest of an individual; andCommentsClose CommentsPermalink
(2) by regulation, establish such services as the Secretary determines necessary for the preservation of families that have been impacted by the incarceration of a family member, with special attention given to the impact on children.CommentsClose CommentsPermalink
SEC. 113. ENCOURAGEMENT OF EMPLOYMENT OF FORMER PRISONERS.
The Secretary of Labor shall take such steps as are necessary to implement a program, including a program carried out through the Employment and Training Administration, to educate employers, and to educate one-stop partners and one-stop operators (as such terms are defined in section 101 of the Workforce Investment Act of 1998 (
SEC. 114. NATIONAL RESOURCE CENTER FOR CHILDREN AND FAMILIES OF THE INCARCERATED.
There are authorized to be appropriated to the Secretary of Health and Human Services for fiscal years 2008 and 2009, such sums as may be necessary for the continuing activities of the National Resource Center for Children and Families of the Incarcerated, including conducting a review of the policies and practices of State and Federal corrections agencies to support parent-child relationships.CommentsClose CommentsPermalink
SEC. 115. USE OF VIOLENT OFFENDER TRUTH-IN-SENTENCING GRANT FUNDING FOR DEMONSTRATION PROJECT ACTIVITIES.
Section 20102(a) of the Violent Crime Control and Law Enforcement Act of 1994 (
(1) in paragraph (2), by striking `and' at the end;CommentsClose CommentsPermalink
(2) in paragraph (3), by striking the period at the end and inserting `; and'; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(4) to carry out any activity described in subsection (b) or (c) of section 2976 of the Omnibus Crime Control and Safe Streets Act of 1968 (
SEC. 116. GRANTS TO STUDY PAROLE OR POST-INCARCERATION SUPERVISION VIOLATIONS AND REVOCATIONS.
(a) Grants Authorized- The Attorney General may award grants to States to study and to improve the collection of data with respect to--CommentsClose CommentsPermalink
(1) offenders whose parole or post-incarceration supervision is revoked; andCommentsClose CommentsPermalink
(2) which such offenders represent the greatest risk to community safety.CommentsClose CommentsPermalink
(b) Requirements- As a condition of receiving a grant under this section, the Governor or other chief executive officer of a State shall--CommentsClose CommentsPermalink
(1) certify that the State has, or intends to establish, a program that collects comprehensive and reliable data with respect to individuals described in subsection (a)(1), including data on--CommentsClose CommentsPermalink
(A) the number and type of parole or post-incarceration supervision violations that occur within that State;CommentsClose CommentsPermalink
(B) the reasons for parole or post-incarceration supervision revocation;CommentsClose CommentsPermalink
(C) the underlying behavior that led to the revocations; andCommentsClose CommentsPermalink
(D) the terms of imprisonment or other penalties that are imposed for the violations; andCommentsClose CommentsPermalink
(2) provide the data described in paragraph (1) to the Bureau of Justice Statistics, in a form prescribed by the Bureau.CommentsClose CommentsPermalink
(c) Standards of Analysis- Any statistical analysis of population data conducted under this section shall be conducted in accordance with the Federal Register Notice dated October 30, 1997, relating to classification standards.CommentsClose CommentsPermalink
(d) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $1,000,000 for each fiscal years 2008 and 2009.CommentsClose CommentsPermalink
SEC. 117. IMPROVEMENT OF THE RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS PROGRAM.
Section 1904(d) of the Omnibus Crime Control and Safe Streets Act of 1968 (
`(d) Residential Substance Abuse Treatment- In this part, the term `residential substance abuse treatment'--CommentsClose CommentsPermalink
`(1) means a course of individual and group activities and treatment, lasting at least 6 months, in residential treatment facilities set apart from the general prison population; andCommentsClose CommentsPermalink
`(2) may include the use of pharmacotherapies where appropriate, that may extend beyond the 6-month period.'.CommentsClose CommentsPermalink
SEC. 118. RESIDENTIAL DRUG ABUSE PROGRAM IN FEDERAL PRISONS.
SEC. 119. REMOVAL OF LIMITATION ON AMOUNT OF FUNDS AVAILABLE FOR CORRECTIONS EDUCATION PROGRAMS UNDER THE ADULT EDUCATION AND FAMILY LITERACY ACT.
(a) In General- Section 222(a)(1) of the Adult Education and Family Literacy Act (
(b) Report- Not later than 180 days after the date of the enactment of this Act, the Secretary of Education shall submit to Congress a report--CommentsClose CommentsPermalink
(1) on the use of literacy funds provided under the Adult Education and Family Literacy Act (
(2) that specifies the amount of literacy funds that are provided to each category of correctional institution in each State, and identify whether funds are being sufficiently allocated among the various types of institutions.CommentsClose CommentsPermalink
SEC. 120. MENTORING GRANTS TO NONPROFIT ORGANIZATIONS.
(a) Authority To Make Grants- From amounts made available to carry out this section, the Attorney General shall make grants, in consultation with the Secretary of Labor and the Secretary of Housing and Urban Development, to nonprofit organizations for the purpose of providing mentoring and other transitional services essential to the reentry of offenders into the community.CommentsClose CommentsPermalink
(b) Use of Funds- A grant under subsection (a) may be used for--CommentsClose CommentsPermalink
(1) mentoring adult and juvenile offenders during incarceration, during transition back to the community, and post-incarceration; andCommentsClose CommentsPermalink
(2) transitional services to assist in the reentry of offenders into the community.CommentsClose CommentsPermalink
(c) Application; Priority Consideration-CommentsClose CommentsPermalink
(1) IN GENERAL- To be eligible to receive a grant under this section, a nonprofit organization shall submit an application to the Attorney General based on criteria developed by the Attorney General, in consultation with the Secretary of Labor and the Secretary of Housing and Urban Development.CommentsClose CommentsPermalink
(2) PRIORITY- The Attorney General shall give priority consideration to applications that--CommentsClose CommentsPermalink
(A) include a plan to implement activities that have been demonstrated to be effective in facilitating the successful reentry of offenders into the community; andCommentsClose CommentsPermalink
(B) provide for an independent evaluation.CommentsClose CommentsPermalink
(d) Strategic Performance Outcomes- The Attorney General shall require each applicant under this section to identify specific performance outcomes related to the long-term goal of stabilizing communities by reducing recidivism and reintegrating offenders into the community.CommentsClose CommentsPermalink
(e) Authorization of Appropriations- There are authorized to be appropriated to the Attorney General to carry out this section $25,000,000 for each of fiscal years 2008 and 2009.CommentsClose CommentsPermalink
SEC. 121. CLARIFICATION OF AUTHORITY TO PLACE PRISONER IN COMMUNITY CORRECTIONS.
`(c) Prerelease Custody-CommentsClose CommentsPermalink
`(1) IN GENERAL- The Bureau of Prisons shall, to the extent practicable, assure that a prisoner serving a term of imprisonment spends 20 percent of the final portion of such term, not to exceed 12 months, under conditions that will afford the prisoner a reasonable opportunity to adjust to and prepare for reentry into the community. Such conditions may include a community correctional facility.CommentsClose CommentsPermalink
`(2) AUTHORITY- The Bureau of Prisons is authorized to place a prisoner in home confinement for the final portion of the term of imprisonment of that prisoner, not to exceed the shorter of 10 percent of that term of imprisonment or 6 months.CommentsClose CommentsPermalink
`(3) ASSISTANCE- The United States Probation System shall, to the extent practicable, offer assistance to a prisoner during any prerelease custody under this subsection.CommentsClose CommentsPermalink
`(4) NO LIMITATIONS- Nothing in this subsection shall be construed to limit or restrict the authority of the Bureau of Prisons granted under section 3621 of this title.'.CommentsClose CommentsPermalink
SEC. 122. GRANTS TO STATES FOR IMPROVED WORKPLACE AND COMMUNITY TRANSITION TRAINING FOR INCARCERATED YOUTH OFFENDERS.
Section 821 of the Higher Education Amendments of 1998 (
`SEC. 821. GRANTS TO STATES FOR IMPROVED WORKPLACE AND COMMUNITY TRANSITION TRAINING FOR INCARCERATED YOUTH OFFENDERS.
`(a) Definition- For purposes of this section, the term `youth offender' means a male or female offender under the age of 35, who is incarcerated in a State prison, including a prerelease facility.CommentsClose CommentsPermalink
`(b) Grant Program- The Secretary of Education (in this section referred to as the `Secretary')--CommentsClose CommentsPermalink
`(1) shall establish a program in accordance with this section to provide grants to the State correctional education agencies in the States, from allocations for the States under subsection (h), to assist and encourage youth offenders to acquire functional literacy, life, and job skills, through--CommentsClose CommentsPermalink
`(A) the pursuit of a postsecondary education certificate, or an associate or bachelor's degree while in prison; andCommentsClose CommentsPermalink
`(B) employment counseling and other related services which start during incarceration and end not later than 1 year after release from confinement; andCommentsClose CommentsPermalink
`(2) may establish such performance objectives and reporting requirements for State correctional education agencies receiving grants under this section as the Secretary determines are necessary to assess the effectiveness of the program under this section.CommentsClose CommentsPermalink
`(c) Application- To be eligible for a grant under this section, a State correctional education agency shall submit to the Secretary a proposal for a youth offender program that--CommentsClose CommentsPermalink
`(1) identifies the scope of the problem, including the number of youth offenders in need of postsecondary education and career and technical education;CommentsClose CommentsPermalink
`(2) lists the accredited public or private educational institution or institutions that will provide postsecondary educational services;CommentsClose CommentsPermalink
`(3) lists the cooperating agencies, public and private, or businesses that will provide related services, such as counseling in the areas of career development, substance abuse, health, and parenting skills;CommentsClose CommentsPermalink
`(4) describes specific performance objectives and evaluation methods (in addition to, and consistent with, any objectives established by the Secretary under subsection (b)(2)) that the State correctional education agency will use in carrying out its proposal, including--CommentsClose CommentsPermalink
`(A) specific and quantified student outcome measures that are compared with outcomes for non-program participants with similar demographic characteristics; andCommentsClose CommentsPermalink
`(B) measures, consistent with the data elements and definitions described in subsection (d)(1)(A), of--CommentsClose CommentsPermalink
`(i) program completion, including an explicit definition of what constitutes a program completion within the proposal;CommentsClose CommentsPermalink
`(ii) knowledge and skill attainment, including specification of instruments that will measure knowledge and skill attainment;CommentsClose CommentsPermalink
`(iii) attainment of employment both before and after release;CommentsClose CommentsPermalink
`(iv) success in employment indicated by job retention and advancement; andCommentsClose CommentsPermalink
`(v) recidivism, including such subindicators as time before subsequent offense and severity of subsequent offense;CommentsClose CommentsPermalink
`(5) describes how the proposed programs are to be integrated with existing State correctional education programs (such as adult education, graduate education degree programs, and career and technical education) and State industry programs;CommentsClose CommentsPermalink
`(6) describes how the proposed programs will utilize technology to deliver the services under this section; andCommentsClose CommentsPermalink
`(7) describes how students will be selected so that only youth offenders eligible under subsection (e) will be enrolled in a program receiving a grant under this section.CommentsClose CommentsPermalink
`(d) Program Requirements- Each State correctional education agency receiving a grant under this section shall--CommentsClose CommentsPermalink
`(1) annually report to the Secretary regarding--CommentsClose CommentsPermalink
`(A) the results of the evaluations conducted using data elements and definitions provided by the Secretary for the use of State correctional education programs;CommentsClose CommentsPermalink
`(B) any objectives or requirements established by the Secretary pursuant to subsection (b)(2); andCommentsClose CommentsPermalink
`(C) the additional performance objectives and evaluation methods contained in the proposal described in subsection (c)(4), as necessary to document the attainment of project performance objectives; andCommentsClose CommentsPermalink
`(2) expend on each participating eligible student for an academic year, not more than the maximum Federal Pell Grant appropriated under section 401 of the Higher Education Act of 1965 for such academic year, which shall be used for--CommentsClose CommentsPermalink
`(A) tuition, books, and essential materials; andCommentsClose CommentsPermalink
`(B) related services such as career development, substance abuse counseling, parenting skills training, and health education.CommentsClose CommentsPermalink
`(e) Student Eligibility- A youth offender shall be eligible for participation in a program receiving a grant under this section if the youth offender--CommentsClose CommentsPermalink
`(1) is eligible to be released within 5 years (including a youth offender who is eligible for parole within such time); andCommentsClose CommentsPermalink
`(2) is 35 years of age or younger.CommentsClose CommentsPermalink
`(f) Length of Participation- A State correctional education agency receiving a grant under this section shall provide educational and related services to each participating youth offender for a period not to exceed 5 years, 1 year of which may be devoted to study in a graduate education degree program or to remedial education services for students who have obtained a secondary school diploma or its recognized equivalent. Educational and related services shall start during the period of incarceration in prison or prerelease, and the related services may continue for not more than 1 year after release from confinement.CommentsClose CommentsPermalink
`(g) Education Delivery Systems- State correctional education agencies and cooperating institutions shall, to the extent practicable, use high-tech applications in developing programs to meet the requirements and goals of this section.CommentsClose CommentsPermalink
`(h) Allocation of Funds- From the funds appropriated pursuant to subsection (i) for each fiscal year, the Secretary shall allot to each State an amount that bears the same relationship to such funds as the total number of youth offenders eligible under subsection (e) in such State bears to the total number of such youth offenders in all States.CommentsClose CommentsPermalink
`(i) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $30,000,000 for fiscal years 2008 and 2009.'.CommentsClose CommentsPermalink
SEC. 123. IMPROVED REENTRY PROCEDURES FOR FEDERAL PRISONERS.
(a) General Reentry Procedures- The Attorney General shall take such steps as are necessary to modify existing procedures and policies to enhance case planning and to improve the transition of offenders from the custody of the Bureau of Prisons to the community, including placement of such individuals in community corrections facilities.CommentsClose CommentsPermalink
(b) Procedures Regarding Benefits-CommentsClose CommentsPermalink
(1) IN GENERAL- The Bureau of Prisons shall establish reentry planning procedures within the Release Preparation Program that include providing Federal offenders with information in the following areas:CommentsClose CommentsPermalink
(A) Health and nutrition.CommentsClose CommentsPermalink
(B) Employment.CommentsClose CommentsPermalink
(C) Personal finance and consumer skills.CommentsClose CommentsPermalink
(D) Information and community resources.CommentsClose CommentsPermalink
(E) Release requirements and procedures.CommentsClose CommentsPermalink
(F) Personal growth and development.CommentsClose CommentsPermalink
(2) FORMAT- Any written information that the Bureau of Prisons provides to offenders for reentry planning purposes shall use common terminology and language. The Bureau of Prisons shall provide the United States Probation and Pretrial Services System with relevant information on the medical care needs and the mental health treatment needs of offenders scheduled for release and reentry into the community. The United States Probation and Pretrial Services System shall take this information into account when developing supervision plans in an effort to address the medical care and mental health care needs of such offenders. The Bureau of Prisons shall provide offenders with a sufficient amount of all necessary medications upon release from custody.CommentsClose CommentsPermalink
Subtitle C--Economic Empowerment
SEC. 131. REAUTHORIZATION OF LEARN AND SERVE AMERICA.
Section 501(a)(1)(A) of the National and Community Service Act of 1990 (
SEC. 132. JOB CORPS.
Section 161 of the Workforce Investment Act of 1998 (
SEC. 133. WORKFORCE INVESTMENT ACT YOUTH ACTIVITIES.
Section 137(a) of the Workforce Investment Act of 1998 (
SEC. 134. EXPANSION AND REAUTHORIZATION OF THE MENTORING INITIATIVE FOR SYSTEM INVOLVED YOUTH.
(a) Expansion- Section 261(a) of the Juvenile Justice and Delinquency Prevention Act of 1974 (
(b) Reauthorization- Section 299 of the Juvenile Justice and Delinquency Prevention Act of 1974 (
`(c) Authorization of Appropriations for Part E- There are authorized to be appropriated to carry out part E $4,800,000 for each of the fiscal years 2008, 2009, 2010, 2011, and 2012.'.CommentsClose CommentsPermalink
TITLE II--SUPPRESSION AND COMMUNITY ANTI-GANG INITIATIVES
Subtitle A--Gang Activity Policing Program
SEC. 201. AUTHORITY TO MAKE GANG ACTIVITY POLICING GRANTS.
The Attorney General may make grants to States, units of local government, Indian tribes, other public and private entities, and multi-jurisdictional or regional consortia thereof to increase police presence, to expand and improve cooperative efforts between law enforcement agencies and members of the community to address gang activity problems, and to otherwise enhance public safety.CommentsClose CommentsPermalink
SEC. 202. ELIGIBLE ACTIVITIES.
Grants made under this subtitle may include programs, projects, and other activities to--CommentsClose CommentsPermalink
(1) rehire law enforcement officers who have been laid off as a result of State and local budget reductions for deployment to reduce gang activity;CommentsClose CommentsPermalink
(2) hire and train additional career law enforcement officers for deployment to reduce gang activity;CommentsClose CommentsPermalink
(3) procure equipment, technology, or support systems, or pay overtime, to increase the number of officers deployed in gang activity policing;CommentsClose CommentsPermalink
(4) hire officers to perform intelligence activities to reduce gang activity;CommentsClose CommentsPermalink
(5) increase the number of law enforcement officers involved in activities that are focused on interaction with members of the community or on proactive gang control and prevention by redeploying officers to such activities;CommentsClose CommentsPermalink
(6) establish and implement innovative programs to increase and enhance proactive crime control and gang prevention programs involving law enforcement officers and young persons in the community;CommentsClose CommentsPermalink
(7) establish school-based partnerships between local law enforcement agencies and local school systems by using school resource officers who operate in and around elementary and secondary schools to combat gangs;CommentsClose CommentsPermalink
(8) develop new technologies, including interoperable communications technologies, modernized criminal record technology, and forensic technology, to assist State and local law enforcement agencies in reducing gang activity and to train law enforcement officers to use such technologies; andCommentsClose CommentsPermalink
(9) support the purchase by law enforcement agencies of not more than 1 service weapon per officer, upon hiring for deployment in gang activity policing or, if necessary, upon the initial redeployment of an officer to gang activity policing.CommentsClose CommentsPermalink
SEC. 203. PREFERENTIAL CONSIDERATION OF APPLICATIONS FOR CERTAIN GRANTS.
In awarding grants under this subtitle, the Attorney General may give preferential consideration to applicants--CommentsClose CommentsPermalink
(1) for hiring and rehiring additional career law enforcement officers that involve a non-Federal contribution exceeding the 25 percent minimum under this subtitle; andCommentsClose CommentsPermalink
(2) that are located in a high-intensity interstate gang activity area designated under section 211.CommentsClose CommentsPermalink
SEC. 204. USE OF COMPONENTS.
The Attorney General may use any component of the Department of Justice in carrying out this subtitle.CommentsClose CommentsPermalink
SEC. 205. MINIMUM AMOUNT.
Unless all applications submitted by any qualifying State and grantee within that State under this subtitle have been funded, each qualifying State, together with grantees within that State, shall receive in each fiscal year under this subtitle an amount equal to not less than 0.5 percent of the total amount appropriated in that fiscal year for grants under this subtitle. In this section, `qualifying State' means any State that has submitted an application for a grant, or in which a unit of local government, Indian tribe, other public or private entity, or multijurisdictional or regional consortia thereof has submitted an application for a grant, that meets the requirements established by the Attorney General under this subtitle.CommentsClose CommentsPermalink
SEC. 206. MATCHING FUNDS.
(a) In General- The Federal share of the costs of a program, project, or activity carried out with a grant under this subtitle shall be not more than 75 percent, unless the Attorney General waives, wholly or in part, the requirement under this section of a non-Federal contribution to the costs of a program, project, or activity.CommentsClose CommentsPermalink
(b) Hiring- For a grant for a period exceeding 1 year for hiring or rehiring career law enforcement officers, the Federal share shall decrease each year for up to 5 years, by an amount determined by the Attorney General, with a goal of the continuation of the increased hiring level using State or local sources of funding following the conclusion of Federal support.CommentsClose CommentsPermalink
SEC. 207. AUTHORIZATION OF APPROPRIATIONS.
There are authorized to be appropriated to carry out this subtitle $700,000,000 for each of the fiscal years 2008 through 2012. Any amount appropriated under this section shall remain available until expended.CommentsClose CommentsPermalink
Subtitle B--High-Intensity Interstate Gang Activity Areas
SEC. 211. DESIGNATION OF AND ASSISTANCE FOR `HIGH-INTENSITY' INTERSTATE GANG ACTIVITY AREAS.
(a) Definitions- In this section the following definitions shall apply:CommentsClose CommentsPermalink
(1) GOVERNOR- The term `Governor' means a Governor or other chief executive officer of a State, or the Mayor of the District of Columbia.CommentsClose CommentsPermalink
(2) HIGH-INTENSITY INTERSTATE GANG ACTIVITY AREA- The term `high-intensity interstate gang activity area' means an area within a State that is designated as a high-intensity interstate gang activity area under subsection (b)(1).CommentsClose CommentsPermalink
(3) STATE- The term `State'--CommentsClose CommentsPermalink
(A) means a State of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States; andCommentsClose CommentsPermalink
(B) includes an `Indian tribe', as that term is defined in section 102 of the Federally Recognized Indian Tribe List Act of 1994 (
(b) High-Intensity Interstate Gang Activity Areas-CommentsClose CommentsPermalink
(1) DESIGNATION- The Attorney General, after consultation with the Governor of any appropriate State, may designate as high-intensity interstate gang activity areas, a specific area that is located within 1 or more States, based on the criteria under paragraph (4). To the extent that the goals of a high-intensity interstate gang activity area overlap with the goals of a high-intensity drug trafficking area designed under section 707 of the Office of National Drug Control Policy Reauthorization Act of 1988 (
(2) ASSISTANCE- In order to provide Federal assistance to high-intensity interstate gang activity areas, the Attorney General shall--CommentsClose CommentsPermalink
(A) establish criminal street gang enforcement teams, consisting of Federal, State, and local law enforcement authorities, for the coordinated investigation, disruption, apprehension, and prosecution of criminal street gangs and offenders in each high-intensity interstate gang activity area;CommentsClose CommentsPermalink
(B) direct the reassignment or detailing from any Federal department or agency (subject to the approval of the head of that department or agency, in the case of a department or agency other than the Department of Justice) of personnel to each criminal street gang enforcement team established under subparagraph (A); andCommentsClose CommentsPermalink
(C) provide all necessary funding for the operation of such criminal street gang enforcement teams in each high-intensity interstate gang activity area.CommentsClose CommentsPermalink
(3) COMPOSITION OF CRIMINAL STREET GANG ENFORCEMENT TEAM- Each team established under paragraph (2)(A) shall consist of agents and officers, where feasible, from--CommentsClose CommentsPermalink
(A) the Bureau of Alcohol, Tobacco, Firearms, and Explosives;CommentsClose CommentsPermalink
(B) the Department of Homeland Security;CommentsClose CommentsPermalink
(C) the Department of Housing and Urban Development;CommentsClose CommentsPermalink
(D) the Drug Enforcement Administration;CommentsClose CommentsPermalink
(E) the Internal Revenue Service;CommentsClose CommentsPermalink
(F) the Federal Bureau of Investigation;CommentsClose CommentsPermalink
(G) the United States Marshals Service;CommentsClose CommentsPermalink
(H) the United States Postal Service;CommentsClose CommentsPermalink
(I) State and local law enforcement; andCommentsClose CommentsPermalink
(J) Federal, State, and local prosecutors.CommentsClose CommentsPermalink
(4) CRITERIA FOR DESIGNATION- In considering an area for designation as a high-intensity interstate gang activity area under this section, the Attorney General shall consider--CommentsClose CommentsPermalink
(A) the current and predicted levels of gang crime activity in that area;CommentsClose CommentsPermalink
(B) the extent to which violent crime in that area appears to be related to criminal street gang activity, such as drug trafficking, murder, robbery, assaults, carjacking, arson, kidnapping, extortion, and other criminal activity;CommentsClose CommentsPermalink
(C) the extent to which State and local law enforcement agencies have committed resources to--CommentsClose CommentsPermalink
(i) respond to the gang crime problem in that area; andCommentsClose CommentsPermalink
(ii) participate in a gang enforcement team;CommentsClose CommentsPermalink
(D) the extent to which a significant increase in the allocation of Federal resources would enhance local response to the gang crime activities in that area; andCommentsClose CommentsPermalink
(E) any other criteria that the Attorney General considers to be appropriate.CommentsClose CommentsPermalink
(c) Authorization of Appropriations-CommentsClose CommentsPermalink
(1) IN GENERAL- There are authorized to be appropriated $100,000,000 for each of fiscal years 2008 to 2012 to carry out this section.CommentsClose CommentsPermalink
(2) USE OF FUNDS- Of amounts made available under paragraph (1) in each fiscal year--CommentsClose CommentsPermalink
(A) 50 percent shall be used to carry out subsection (b)(2); andCommentsClose CommentsPermalink
(B) 50 percent shall be used to make grants available for community-based programs to provide crime prevention, research, and intervention services that are designed for gang members and at-risk youth in a high-intensity interstate gang activity area.CommentsClose CommentsPermalink
(3) REPORTING REQUIREMENTS- Not later than February 1 of each year, the Attorney General shall provide a report to Congress which describes, for each high-intensity interstate gang activity area--CommentsClose CommentsPermalink
(A) the specific long-term and short-term goals and objectives;CommentsClose CommentsPermalink
(B) the measurements used to evaluate the performance of the high-intensity interstate gang activity area in achieving the long-term and short-term goals;CommentsClose CommentsPermalink
(C) the age, composition, and membership of gangs in that high-intensity interstate gang activity area;CommentsClose CommentsPermalink
(D) the number and nature of crimes committed by gangs in that high-intensity interstate gang activity area; andCommentsClose CommentsPermalink
(E) the definition of the term `gang' used to compile that report.CommentsClose CommentsPermalink
Subtitle C--Additional Funding
SEC. 221. ADDITIONAL RESOURCES NEEDED BY THE FEDERAL BUREAU OF INVESTIGATION TO INVESTIGATE AND PROSECUTE VIOLENT CRIMINAL STREET GANGS.
(a) Responsibilities of the Director of the FBI- The Director of the Federal Bureau of Investigation shall use any funds made available under this section to carry out the Safe Streets Program and to support the criminal street gang enforcement teams, established under section 211(b)(2), in high-intensity interstate gang activity areas designated under section 211(b)(1).CommentsClose CommentsPermalink
(b) Authorization of Appropriations- In addition to amounts otherwise authorized, there are authorized to be appropriated $10,000,000 for each of fiscal years 2008 through 2012 to carry out this section, to remain available until expended.CommentsClose CommentsPermalink
SEC. 222. GRANTS TO PROSECUTORS AND LAW ENFORCEMENT TO COMBAT VIOLENT CRIME AND TO PROTECT WITNESSES AND VICTIMS OF CRIMES.
(a) In General- Section 31702 of the Violent Crime Control and Law Enforcement Act of 1994 (
(1) in paragraph (3), by striking `and' at the end;CommentsClose CommentsPermalink
(2) in paragraph (4), by striking the period at the end and inserting a semicolon; andCommentsClose CommentsPermalink
(3) by adding at the end the following:CommentsClose CommentsPermalink
`(5) to hire additional prosecutors to--CommentsClose CommentsPermalink
`(A) allow more cases to be prosecuted; andCommentsClose CommentsPermalink
`(B) reduce backlogs;CommentsClose CommentsPermalink
`(6) to fund technology, equipment, and training for prosecutors and law enforcement in order to increase accurate identification of gang members and violent offenders, and to maintain databases with such information to facilitate coordination among law enforcement and prosecutors; andCommentsClose CommentsPermalink
`(7) to create and expand witness and victim protection programs to prevent threats, intimidation, and retaliation against victims of, and witnesses to, violent crimes.'.CommentsClose CommentsPermalink
(b) Authorization of Appropriations- Section 31707 of the Violent Crime Control and Law Enforcement Act of 1994 (
`SEC. 31707. AUTHORIZATION OF APPROPRIATIONS.
`(a) In General- There are authorized to be appropriated $32,000,000 for each of fiscal years 2008 through 2012 to carry out this subtitle.CommentsClose CommentsPermalink
`(b) Use of Funds- Of the amounts made available under subsection (a) in each fiscal year, $12,000,000 shall be used to carry out section 31702(7).'.CommentsClose CommentsPermalink
SEC. 223. ENHANCEMENT OF PROJECT SAFE NEIGHBORHOODS INITIATIVE TO IMPROVE ENFORCEMENT OF CRIMINAL LAWS AGAINST VIOLENT GANGS.
(a) In General- The Attorney General is authorized to expand the Project Safe Neighborhoods program to require each United States attorney to--CommentsClose CommentsPermalink
(1) identify, investigate, and prosecute significant criminal street gangs operating within the district of that United States attorney;CommentsClose CommentsPermalink
(2) coordinate the identification, investigation, and prosecution of criminal street gangs among Federal, State, and local law enforcement agencies; andCommentsClose CommentsPermalink
(3) coordinate and establish criminal street gang enforcement teams, established under section 211(b)(2), in high-intensity interstate gang activity areas designated under section 211(b)(1) within the district of that United States attorney.CommentsClose CommentsPermalink
(b) Additional Staff for Project Safe Neighborhoods-CommentsClose CommentsPermalink
(1) IN GENERAL- The Attorney General may hire assistant United States attorneys, non-attorney coordinators, or paralegals to carry out this section.CommentsClose CommentsPermalink
(2) AUTHORIZATION OF APPROPRIATIONS- There are authorized to be appropriated $20,000,000 for each of fiscal years 2008 through 2012 to carry out this section.CommentsClose CommentsPermalink
SEC. 224. PROVIDING ADDITIONAL FORENSIC EXAMINERS.
Section 816 of the USA PATRIOT Act (
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) in paragraph (4), by striking `and' at the end;CommentsClose CommentsPermalink
(B) by redesignating paragraph (5) as (6); andCommentsClose CommentsPermalink
(C) by inserting after paragraph (4) the following:CommentsClose CommentsPermalink
`(5) to hire additional forensic examiners to help with forensic work and to fight gang activity; and'; andCommentsClose CommentsPermalink
(2) in subsection (b), by amending paragraph (1) to read as follows:CommentsClose CommentsPermalink
`(1) AUTHORIZATION OF APPROPRIATIONS- There is authorized to be appropriated $55,000,000 for each fiscal year to carry out this section.'.CommentsClose CommentsPermalink
TITLE III--PUNISHMENT AND IMPROVED CRIME DATA
Subtitle A--Gang Crimes
SEC. 301. CRIMINAL STREET GANGS.
(a) Criminal Street Gang Prosecutions-
`Sec. 521. Criminal street gang prosecutions
`(a) Definitions- As used in this chapter:CommentsClose CommentsPermalink
`(1) CRIMINAL STREET GANG- The term `criminal street gang' means a formal or informal group, club, organization, or association of 5 or more individuals--CommentsClose CommentsPermalink
`(A) who individually, jointly, or in combination, have committed or attempted to commit for the direct or indirect benefit of, at the direction of, in furtherance of, or in association with the group, club organization, or association at least 2 separate acts, each of which is a predicate gang crime--CommentsClose CommentsPermalink
`(i) 1 of which occurs after the date of enactment of the Fighting Gangs and Empowering Youth Act of 2007;CommentsClose CommentsPermalink
`(ii) the last of which occurs not later than 5 years after the commission of a prior predicate gang crime (excluding any period of imprisonment); andCommentsClose CommentsPermalink
`(iii) 1 of which is a crime of violence or involves manufacturing, importing, distributing, possessing with intent to distribute, or otherwise dealing in a controlled substance or listed chemical (as those terms are defined in section 102 of the Controlled Substances Act (
`(B) whose activities affect interstate or foreign commerce, or involve the use of any facility of, or travel in, interstate or foreign commerce.CommentsClose CommentsPermalink
`(2) PREDICATE GANG CRIME- The term `predicate gang crime' means--CommentsClose CommentsPermalink
`(A) any act, threat, conspiracy, or attempted act, which is chargeable under Federal or State law and punishable by imprisonment for more than 1 year involving--CommentsClose CommentsPermalink
`(i) murder;CommentsClose CommentsPermalink
`(ii) manslaughter;CommentsClose CommentsPermalink
`(iii) maiming;CommentsClose CommentsPermalink
`(iv) assault with a dangerous weapon;CommentsClose CommentsPermalink
`(v) assault resulting in serious bodily injury;CommentsClose CommentsPermalink
`(vi) gambling;CommentsClose CommentsPermalink
`(vii) kidnapping;CommentsClose CommentsPermalink
`(viii) robbery;CommentsClose CommentsPermalink
`(ix) extortion;CommentsClose CommentsPermalink
`(x) arson;CommentsClose CommentsPermalink
`(xi) obstruction of justice;CommentsClose CommentsPermalink
`(xii) tampering with or retaliating against a witness, victim, or informant;CommentsClose CommentsPermalink
`(xiii) burglary;CommentsClose CommentsPermalink
`(xiv) sexual assault;CommentsClose CommentsPermalink
`(xv) carjacking; orCommentsClose CommentsPermalink
`(xvi) manufacturing, importing, distributing, possessing with intent to distribute, or otherwise dealing in a controlled substance or listed chemicals (as those terms are defined in section 102 of the Controlled Substances Act (
`(B) any act punishable by imprisonment for more than 1 year under--CommentsClose CommentsPermalink
`(i) section 844 (relating to explosive materials);CommentsClose CommentsPermalink
`(ii) section 922(g)(1) (where the underlying conviction is a violent felony (as defined in section 924(e)(2)(B) of this title) or is a serious drug offense (as defined in section 924(e)(2)(A) of this title));CommentsClose CommentsPermalink
`(iii) subsection (a)(2), (b), (c), (g), or (h) of section 924 (relating to receipt, possession, and transfer of firearms);CommentsClose CommentsPermalink
`(iv) sections 1028 and 1029 (relating to fraud and related activity in connection with identification documents or access devices);CommentsClose CommentsPermalink
`(v) section 1503 (relating to obstruction of justice);CommentsClose CommentsPermalink
`(vi) section 1510 (relating to obstruction of criminal investigations);CommentsClose CommentsPermalink
`(vii) section 1512 (relating to tampering with a witness, victim, or informant) or section 1513 (relating to retaliating against a witness, victim, or informant);CommentsClose CommentsPermalink
`(viii) section 1708 (relating to theft of stolen mail matter);CommentsClose CommentsPermalink
`(ix) section 1951 (relating to interference with commerce, robbery or extortion);CommentsClose CommentsPermalink
`(x) section 1952 (relating to racketeering);CommentsClose CommentsPermalink
`(xi) section 1956 (relating to the laundering of monetary instruments);CommentsClose CommentsPermalink
`(xii) section 1957 (relating to engaging in monetary transactions in property derived from specified unlawful activity);CommentsClose CommentsPermalink
`(xiii) section 1958 (relating to use of interstate commerce facilities in the commission of murder-for-hire); orCommentsClose CommentsPermalink
`(xiv) sections 2312 through 2315 (relating to interstate transportation of stolen motor vehicles or stolen property); orCommentsClose CommentsPermalink
`(C) any violation of section 274 (relating to bringing in and harboring certain aliens), section 277 (relating to aiding or assisting certain aliens to enter the United States), or section 278 (relating to importation of alien for immoral purpose) of the Immigration and Nationality Act (
`(3) SEXUAL ASSAULT- The term `sexual assault' means any offense that involves conduct that would violate chapter 109A if the conduct occurred in the special maritime and territorial jurisdiction of the United States.CommentsClose CommentsPermalink
`(4) STATE- The term `State' means each of the several States of the United States, the District of Columbia, and any commonwealth, territory, or possession of the United States.CommentsClose CommentsPermalink
`(b) Participation in Criminal Street Gangs- It shall be unlawful--CommentsClose CommentsPermalink
`(1) to commit, or conspire or attempt to commit a predicate gang crime--CommentsClose CommentsPermalink
`(A) in furtherance or in aid of the activities of a criminal street gang;CommentsClose CommentsPermalink
`(B) for the purpose of gaining entrance to or maintaining or increasing position in such a gang; orCommentsClose CommentsPermalink
`(C) for the direct or indirect benefit of the criminal street gang, or in association with the criminal street gang; orCommentsClose CommentsPermalink
`(2) to employ, use, command, counsel, persuade, induce, entice, or coerce any individual to commit, cause to commit, or facilitate the commission of, a predicate gang crime--CommentsClose CommentsPermalink
`(A) in furtherance or in aid of the activities of a criminal street gang;CommentsClose CommentsPermalink
`(B) for the purpose of gaining entrance to or maintaining or increasing position in such a gang; orCommentsClose CommentsPermalink
`(C) for the direct or indirect benefit of the criminal street gang, or in association with the criminal street gang.CommentsClose CommentsPermalink
`(c) Penalties- Whoever violates subsection (b)--CommentsClose CommentsPermalink
`(1) shall be fined under this title, imprisoned for not more than 30 years, or both; andCommentsClose CommentsPermalink
`(2) if the violation is based on a predicate gang crime for which the maximum penalty includes life imprisonment, shall be fined under this title, imprisoned for any term of years or for life, or both.CommentsClose CommentsPermalink
`(d) Forfeiture-CommentsClose CommentsPermalink
`(1) IN GENERAL- The court, in imposing sentence on a person who is convicted of an offense under this section, shall order that the defendant forfeit to the United States--CommentsClose CommentsPermalink
`(A) any property, real or personal, constituting or traceable to gross proceeds obtained from that offense; andCommentsClose CommentsPermalink
`(B) any property used or intended to be used, in any manner or part, to commit or to facilitate the commission of that offense.CommentsClose CommentsPermalink
`(2) CRIMINAL PROCEDURES- The procedures under section 413 of the Controlled Substances Act (
`(3) CIVIL PROCEDURES- Property subject to forfeiture under paragraph (1) may be forfeited in a civil case under the procedures set forth in chapter 46 of this title.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 26 of title 18, United States Code, is amended by striking the item relating to section 521 and inserting the following:CommentsClose CommentsPermalink
`521. Criminal street gang prosecutions.'.CommentsClose CommentsPermalink
SEC. 302. SOLICITATION OR RECRUITMENT OF PERSONS AND VIOLENT CRIMES IN FURTHERANCE OR IN AID OF CRIMINAL STREET GANGS.
(a) Solicitation or Recruitment of Persons in Criminal Street Gang Activity- Chapter 26 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
`Sec. 522. Recruitment of persons to participate in a criminal street gang
`(a) Prohibited Acts- It shall be unlawful for any person to recruit, employ, solicit, induce, command, or cause another person to be or remain as a member of a criminal street gang, or conspire to do so, with the intent to cause that person to participate in a predicate gang crime.CommentsClose CommentsPermalink
`(b) Definition of Minor- In this section, the term `minor' means a person who is less than 18 years of age.CommentsClose CommentsPermalink
`(c) Penalties- Any person who violates subsection (a) shall--CommentsClose CommentsPermalink
`(1) be imprisoned not more than 10 years, fined under this title, or both; orCommentsClose CommentsPermalink
`(2) if the person recruited, solicited, induced, commanded, or caused to participate or remain in a criminal street gang is under the age of 18--CommentsClose CommentsPermalink
`(A) be imprisoned for not more than 20 years, fined under this title, or both; andCommentsClose CommentsPermalink
`(B) at the discretion of the sentencing judge, be liable for any costs incurred by the Federal Government, or by any State or local government, for housing, maintaining, and treating the person until the person attains the age of 18 years.'.CommentsClose CommentsPermalink
(b) Violent Crimes and Criminal Street Gang Recruitment- Chapter 26 of title 18, United States Code, as amended by this Act, is amended by adding at the end the following:CommentsClose CommentsPermalink
`Sec. 523. Violent crimes in furtherance or in aid of a criminal street gang
`Any person who, for the purpose of gaining entrance to or maintaining or increasing position in, or in furtherance or in aid of, or for the direct or indirect benefit of, or in association with a criminal street gang, or as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value to or from a criminal street gang, murders, kidnaps, sexually assaults, maims, assaults with a dangerous weapon, commits assault resulting in serious bodily injury upon, commits any other crime of violence or threatens to commit a crime of violence against any individual, or attempts or conspires to do so, shall be punished, in addition and consecutive to the punishment provided for any other violation of this chapter--CommentsClose CommentsPermalink
`(1) for murder, by imprisonment for any term of years or for life, a fine under this title, or both;CommentsClose CommentsPermalink
`(2) for kidnapping or sexual assault, by imprisonment for any term of years or for life, a fine under this title, or both;CommentsClose CommentsPermalink
`(3) for maiming, by imprisonment for any term of years or for life, a fine under this title, or both;CommentsClose CommentsPermalink
`(4) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than 30 years, a fine under this title, or both;CommentsClose CommentsPermalink
`(5) for any other crime of violence, by imprisonment for not more than 20 years, a fine under this title, or both;CommentsClose CommentsPermalink
`(6) for threatening to commit a crime of violence specified in paragraphs (1) through (4), by imprisonment for not more than 10 years, a fine under this title, or both;CommentsClose CommentsPermalink
`(7) for attempting or conspiring to commit murder, kidnapping, maiming, or sexual assault, by imprisonment for not more than 30 years, a fine under this title, or both; andCommentsClose CommentsPermalink
`(8) for attempting or conspiring to commit a crime involving assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than 20 years, a fine under this title, or both.'.CommentsClose CommentsPermalink
(c) Clerical Amendment- The table of sections at the beginning of chapter 26 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
`522. Recruitment of persons to participate in a criminal street gang.CommentsClose CommentsPermalink
`523. Violent crimes in furtherance of a criminal street gang.'.CommentsClose CommentsPermalink
SEC. 303. INTERSTATE AND FOREIGN TRAVEL OR TRANSPORTATION IN AID OF RACKETEERING ENTERPRISES AND CRIMINAL STREET GANGS.
(1) in subsection (a)--CommentsClose CommentsPermalink
(A) by striking `and thereafter performs or attempts to perform' and inserting `and thereafter performs, or attempts or conspires to perform'; andCommentsClose CommentsPermalink
(B) by striking `5 years' and inserting `10 years';CommentsClose CommentsPermalink
(2) by redesignating subsections (b) and (c) as subsections (c) and (d), respectively;CommentsClose CommentsPermalink
(3) by inserting after subsection (a) the following:CommentsClose CommentsPermalink
`(b) Whoever travels in interstate or foreign commerce or uses the mail or any facility in interstate or foreign commerce, with the intent to kill, assault, bribe, force, intimidate, or threaten any person, to delay or influence the testimony of, or prevent from testifying, a witness in a State criminal proceeding and thereafter performs, or attempts or conspires to perform, an act described in this subsection, shall--CommentsClose CommentsPermalink
`(1) be fined under this title, imprisoned for any term of years, or both; andCommentsClose CommentsPermalink
`(2) if death results, imprisoned for any term of years or for life.'; andCommentsClose CommentsPermalink
(4) in subsection (c)(2), as redesignated under subparagraph (B), by inserting `intimidation of, or retaliation against, a witness, victim, juror, or informant,' after `extortion, bribery,'.CommentsClose CommentsPermalink
SEC. 304. AMENDMENTS RELATING TO VIOLENT CRIME IN AREAS OF EXCLUSIVE FEDERAL JURISDICTION.
(a) Assault Within Maritime and Territorial Jurisdiction of United States-
(b) Manslaughter-
(1) striking `ten years' and inserting `20 years'; andCommentsClose CommentsPermalink
(2) striking `six years' and inserting `10 years'.CommentsClose CommentsPermalink
(c) Offenses Committed Within Indian Country-
(d) Racketeer Influenced and Corrupt Organizations-
(e) Carjacking-
(f) Clarification of Prohibition on Firearm Transfer to Commit Crime of Violence or Drug Trafficking Crime-
(1) by inserting `, or will be possessed in furtherance of,' after `commit'; andCommentsClose CommentsPermalink
(2) by striking `10 years' and inserting `20 years'.CommentsClose CommentsPermalink
(g) Amendment of Special Sentencing Provision-
(1) by striking `chapter 95 (racketeering) or 96 (racketeer influenced and corrupt organizations) of this title' and inserting `section 521 (criminal street gangs) or 523 (violent crimes in furtherance or in aid of criminal street gangs), in chapter 95 (racketeering) or 96 (racketeer influenced and corrupt organizations),'; andCommentsClose CommentsPermalink
(2) by inserting `a criminal street gang or' before `an illegal enterprise'.CommentsClose CommentsPermalink
(h) Conforming Amendment Relating to Orders for Restitution-
(i) Special Provision for Indian Country- No person subject to the criminal jurisdiction of an Indian tribal government shall be subject to
SEC. 305. INCREASED PENALTIES FOR USE OF INTERSTATE COMMERCE FACILITIES IN THE COMMISSION OF MURDER-FOR-HIRE AND OTHER FELONY CRIMES OF VIOLENCE.
(a) In General-
(1) by striking the heading and inserting the following:CommentsClose CommentsPermalink
`Sec. 1958. Use of interstate commerce facilities in the commission of murder-for-hire and other felony crimes of violence';
(2) in subsection (a), by striking `Whoever' and all that follows through `conspires to do so' and inserting the following: `Any person who travels in or causes another (including the intended victim) to travel in interstate or foreign commerce, or uses or causes another (including the intended victim) to use the mail or any facility in interstate or foreign commerce, with intent that a murder or other felony crime of violence be committed in violation of the laws of any State or the United States as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value, or who conspires to do so'.CommentsClose CommentsPermalink
(3) striking `ten years' and inserting `20 years'; andCommentsClose CommentsPermalink
(4) by striking `twenty years' and inserting `30 years'.CommentsClose CommentsPermalink
(b) Technical and Conforming Amendment- The table of sections at the beginning of chapter 95 of title 18, United States Code, is amended by striking the item relating to section 1958 and inserting the following:CommentsClose CommentsPermalink
`1958. Use of interstate commerce facilities in the Commission at murder-for-hire and other felony crimes of violence.'.CommentsClose CommentsPermalink
SEC. 306. INCREASED PENALTIES FOR VIOLENT CRIMES IN AID OF RACKETEERING ACTIVITY.
(1) by striking `Whoever' and all that follows through `punished' and inserting the following: `Any person who, as consideration for the receipt of, or as consideration for a promise or agreement to pay, anything of pecuniary value from an enterprise engaged in racketeering activity, or for the purpose of gaining entrance to or maintaining or increasing position in an enterprise engaged in racketeering activity, or in furtherance or in aid of an enterprise engaged in racketeering activity, murders, kidnaps, sexually assaults (as that term is defined in section 521), maims, assaults with a dangerous weapon, commits assault resulting in serious bodily injury upon, or threatens to commit a crime of violence against any individual in violation of the laws of any State or the United States, or attempts or conspires to do so, shall be punished, in addition and consecutive to the punishment provided for any other violation of this chapter'; andCommentsClose CommentsPermalink
(2) by striking paragraphs (2) through (6) and inserting the following:CommentsClose CommentsPermalink
`(2) for kidnapping or sexual assault, by imprisonment for any term of years or for life, a fine under this title, or both;CommentsClose CommentsPermalink
`(3) for maiming, by imprisonment for any term of years or for life, a fine under this title, or both;CommentsClose CommentsPermalink
`(4) for assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than 30 years, a fine under this title, or both;CommentsClose CommentsPermalink
`(5) for threatening to commit a crime of violence, by imprisonment for not more than 10 years, a fine under this title, or both;CommentsClose CommentsPermalink
`(6) for attempting or conspiring to commit murder, kidnapping, maiming, or sexual assault, by imprisonment for not more than 30 years, a fine under this title, or both; andCommentsClose CommentsPermalink
`(7) for attempting or conspiring to commit assault with a dangerous weapon or assault which would result in serious bodily injury, by imprisonment for not more than 20 years, a fine under this title, or both.'.CommentsClose CommentsPermalink
SEC. 307. VIOLENT CRIMES COMMITTED DURING AND IN RELATION TO A DRUG TRAFFICKING CRIME.
(a) In General- Part D of the Controlled Substances Act (
`VIOLENT CRIMES COMMITTED DURING AND IN RELATION TO A DRUG TRAFFICKING CRIME
`Sec. 424. (a) In General- Any person who, during and in relation to any drug trafficking crime, murders, kidnaps, sexually assaults, maims, assaults with a dangerous weapon, commits assault resulting in serious bodily injury upon, commits any other crime of violence or threatens to commit a crime of violence against, any individual, or attempts or conspires to do so, shall be punished, in addition and consecutive to the punishment provided for the drug trafficking crime--CommentsClose CommentsPermalink
`(1) in the case of murder, by imprisonment for any term of years or for life, a fine under title 18, United States Code, or both;CommentsClose CommentsPermalink
`(2) in the case of kidnapping or sexual assault by imprisonment for any term of years or for life, a fine under such title 18, or both;CommentsClose CommentsPermalink
`(3) in the case of maiming, by imprisonment for any term of years or for life, a fine under such title 18, or both;CommentsClose CommentsPermalink
`(4) in the case of assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment not more than 30 years, a fine under such title 18, or both;CommentsClose CommentsPermalink
`(5) in the case of committing any other crime of violence, by imprisonment for not more than 20 years, a fine under such title 18, or both;CommentsClose CommentsPermalink
`(6) in the case of threatening to commit a crime of violence specified in paragraphs (1) through (4), by imprisonment for not more than 10 years, a fine under such title 18, or both;CommentsClose CommentsPermalink
`(7) in the case of attempting or conspiring to commit murder, kidnapping, maiming, or sexual assault, by imprisonment for not more than 30 years, a fine under such title 18, or both; andCommentsClose CommentsPermalink
`(8) in the case of attempting or conspiring to commit a crime involving assault with a dangerous weapon or assault resulting in serious bodily injury, by imprisonment for not more than 20 years, a fine under such title 18, or both.CommentsClose CommentsPermalink
`(b) Venue- A prosecution for a violation of this section may be brought in--CommentsClose CommentsPermalink
`(1) the judicial district in which the murder or other crime of violence occurred; orCommentsClose CommentsPermalink
`(2) any judicial district in which the drug trafficking crime may be prosecuted.CommentsClose CommentsPermalink
`(c) Definitions- As used in this section--CommentsClose CommentsPermalink
`(1) the term `crime of violence' has the meaning given that term in
`(2) the term `drug trafficking crime' has the meaning given that term in
`(3) the term `sexually assault' has the meaning given that term in
(b) Clerical Amendment- The table of contents for the Controlled Substances Act is amended by inserting after the item relating to section 423, the following:CommentsClose CommentsPermalink
`Sec. 424. Violent crimes committed during and in relation to a drug trafficking crime.'.CommentsClose CommentsPermalink
SEC. 308. STATUTE OF LIMITATIONS FOR VIOLENT CRIME.
(a) In General- Chapter 213 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
`Sec. 3299A. Violent crime offenses
`Except as otherwise expressly provided by law, no person shall be prosecuted, tried, or punished for any noncapital felony, crime of violence (as defined in section 16), including any racketeering activity or gang crime which involves any violent crime, unless the indictment is found or the information is instituted by the later of--CommentsClose CommentsPermalink
`(1) 10 years after the date on which the alleged violation occurred;CommentsClose CommentsPermalink
`(2) 10 years after the date on which the continuing offense was completed; orCommentsClose CommentsPermalink
`(3) 8 years after the date on which the alleged violation was first discovered.'.CommentsClose CommentsPermalink
(b) Clerical Amendment- The table of sections at the beginning of chapter 213 of title 18, United States Code, is amended by adding at the end the following:CommentsClose CommentsPermalink
`3299A. Violent crime offenses.'.CommentsClose CommentsPermalink
SEC. 309. PREDICATE CRIMES FOR AUTHORIZATION OF INTERCEPTION OF WIRE, ORAL, AND ELECTRONIC COMMUNICATIONS.
(1) in paragraph (q), by striking `or'.';CommentsClose CommentsPermalink
(2) by redesignating paragraph (s) as paragraph (u); andCommentsClose CommentsPermalink
(3) by inserting after paragraph (r) the following:CommentsClose CommentsPermalink
`(s) any violation of section 424 of the Controlled Substances Act (relating to murder and other violent crimes in furtherance of a drug trafficking crime);CommentsClose CommentsPermalink
`(t) any violation of section 521, 522, or 523 (relating to criminal street gangs); or'.CommentsClose CommentsPermalink
SEC. 310. CLARIFICATION TO HEARSAY EXCEPTION FOR FORFEITURE BY WRONGDOING.
Rule 804(b)(6) of the Federal Rules of Evidence is amended by striking `A statement' and all that follows and inserting: `A statement offered against a party that has engaged, acquiesced, or conspired, in wrongdoing that was intended to, and did, procure the unavailability of the declarant as a witness.'.CommentsClose CommentsPermalink
SEC. 311. CLARIFICATION OF VENUE FOR RETALIATION AGAINST A WITNESS.
(1) redesignating subsection (e) beginning with `Whoever conspires' as subsection (f); andCommentsClose CommentsPermalink
(2) adding at the end the following:CommentsClose CommentsPermalink
`(g) A prosecution under this section may be brought in the district in which the official proceeding (whether or not pending, about to be instituted, or completed) was intended to be affected or was completed, or in which the conduct constituting the alleged offense occurred.'.CommentsClose CommentsPermalink
SEC. 312. AMENDMENT OF SENTENCING GUIDELINES RELATING TO CERTAIN GANG AND VIOLENT CRIMES.
(a) Directive to the United States Sentencing Commission- Pursuant to its authority under
(b) Requirements- In carrying out this section, the Sentencing Commission shall--CommentsClose CommentsPermalink
(1) establish new guidelines and policy statements, as warranted, in order to implement new or revised criminal offenses created under this title;CommentsClose CommentsPermalink
(2) ensure that the sentencing guidelines and policy statements reflect the serious nature of the offenses and the penalties set forth in this title, the growing incidence of serious gang and violent crimes, and the need to modify the sentencing guidelines and policy statements to deter, prevent, and punish such offenses;CommentsClose CommentsPermalink
(3) consider the extent to which the guidelines and policy statements adequately address--CommentsClose CommentsPermalink
(A) whether the guideline offense levels and enhancements for gang and violent crimes--CommentsClose CommentsPermalink
(i) are sufficient to deter and punish such offenses; andCommentsClose CommentsPermalink
(ii) are adequate in view of the statutory increases in penalties contained in the amendments made by this title; andCommentsClose CommentsPermalink
(B) whether any existing or new specific offense characteristics should be added to reflect congressional intent to increase gang and violent crime penalties, punish offenders, and deter gang and violent crime;CommentsClose CommentsPermalink
(4) assure reasonable consistency with other relevant directives and with other sentencing guidelines;CommentsClose CommentsPermalink
(5) account for any additional aggravating or mitigating circumstances that might justify exceptions to the generally applicable sentencing ranges;CommentsClose CommentsPermalink
(6) make any necessary conforming changes to the sentencing guidelines; andCommentsClose CommentsPermalink
(7) assure that the guidelines adequately meet the purposes of sentencing under
SEC. 313. STUDY ON EXPANDING FEDERAL AUTHORITY FOR JUVENILE OFFENDERS.
(a) In General- Not later than 9 months after the date of enactment of this Act, the Comptroller General of the United States shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report on the costs and benefits associated with expanding Federal authority to prosecute offenders under the age of 18 years who are gang members who commit criminal offenses.CommentsClose CommentsPermalink
(b) Contents- The report submitted under subsection (a) shall--CommentsClose CommentsPermalink
(1) examine the ability of the judicial systems of the States to respond effectively to juveniles who are members of criminal street gangs, as that term is defined in
(2) examine the extent to which offenders who are 16 and 17 years old are members of criminal street gangs, and are accused of committing violent crimes and prosecuted in the adult criminal justice systems of the individual States;CommentsClose CommentsPermalink
(3) determine the percentage of crimes committed by members of criminal street gangs that are committed by offenders who are 16 and 17 years old;CommentsClose CommentsPermalink
(4) examine the extent to which United States attorneys bring criminal indictments and prosecute offenders under the age of 18 years, and the extent to which United States Attorneys' offices include prosecutors with experience prosecuting juveniles for adult criminal violations;CommentsClose CommentsPermalink
(5) examine the extent to which the Bureau of Prisons houses offenders under the age of 18 years, and has the ability and experience to meet the needs of young offenders;CommentsClose CommentsPermalink
(6) estimate the cost to the Federal Government of prosecuting and incarcerating members of criminal street gangs who are 16 or 17 years old and are accused of violent crimes; andCommentsClose CommentsPermalink
(7) detail any benefits for Federal prosecutions that would be realized by expanding Federal authority to bring charges against members of criminal street gangs who are 16 or 17 years old and are accused of violent crimes.CommentsClose CommentsPermalink
Subtitle B--Firearms Offenses
SEC. 321. EXPANSION OF REBUTTABLE PRESUMPTION AGAINST RELEASE OF PERSONS CHARGED WITH FIREARMS OFFENSES.
(1) in subsection (e), in the matter following paragraph (3)--CommentsClose CommentsPermalink
(A) by inserting `an offense under section 922(g)(1) where the underlying conviction is a serious drug offense (as that term is defined in section 924(e)(2)(A) of this title) for which a period of not more than 10 years has elapsed since the date of the conviction or the release of the person from imprisonment, whichever is later, or is a serious violent felony (as that term is defined in section 3559(c)(2)(F) of this title),' after `that the person committed'; andCommentsClose CommentsPermalink
(B) by inserting a comma before `or an offense involving a minor'; andCommentsClose CommentsPermalink
(2) in subsection (f)(1)--CommentsClose CommentsPermalink
(A) in subparagraph (D), by striking `or' at the end; andCommentsClose CommentsPermalink
(B) by adding at the end the following:CommentsClose CommentsPermalink
`(F) an offense under section 922(g); or'.CommentsClose CommentsPermalink
SEC. 322. INCREASED PENALTIES FOR USE OF FIREARM IN CRIME OF VIOLENCE OR DRUG TRAFFICKING CRIME.
(a) In General-
(1) by striking `shall' and inserting `or conspires to use, carry, or possess a firearm during and in relation to any such crime shall, for each instance in which the firearm is so used, carried, or possessed';CommentsClose CommentsPermalink
(2) in clause (i)--CommentsClose CommentsPermalink
(A) by striking `5 years' and inserting `7 years'; andCommentsClose CommentsPermalink
(B) by adding `or' at the end;CommentsClose CommentsPermalink
(3) by striking clause (ii); andCommentsClose CommentsPermalink
(4) by redesignating clause (iii) as clause (ii).CommentsClose CommentsPermalink
(b) Conforming Amendments-
(1) in subsection (c)--CommentsClose CommentsPermalink
(A) by striking paragraph (4); andCommentsClose CommentsPermalink
(B) by redesignating paragraph (5) as paragraph (4); andCommentsClose CommentsPermalink
(2) by striking subsection (o).CommentsClose CommentsPermalink
SEC. 323. POSSESSION OF FIREARMS BY DANGEROUS FELONS.
(a) In General-
`(e)(1)(A) Whoever violates section 922(g), previously having been convicted by any court of a violent felony or a serious drug offense--CommentsClose CommentsPermalink
`(i) if the person has 1 such prior conviction, and not more than 10 years has elapsed since the date of that prior conviction or the release of the person from imprisonment for that prior conviction, shall be imprisoned not more than 15 years, fined under this title, or both;CommentsClose CommentsPermalink
`(ii) if the person has 2 such prior convictions, committed on occasions different from one another, of any combination of such crimes and not more than 10 years has elapsed since the date of either of the prior convictions or of the release of the person from imprisonment for either of the prior convictions, shall be imprisoned not more than 20 years, fined under this title, or both; orCommentsClose CommentsPermalink
`(iii) if the person has 3 such prior convictions, committed on occasions different from one another, of any combination of such crimes, shall be imprisoned not less than 15 years and fined under this title.CommentsClose CommentsPermalink
`(B) Notwithstanding any other provision of law, the court shall not suspend the sentence of, or grant a probationary sentence to, the person referred to in subparagraph (A) of this paragraph with respect to the conviction under section 922(g).'.CommentsClose CommentsPermalink
(b) Amendment to Sentencing Guidelines- Pursuant to its authority under
(c) Conforming Amendment-
Subtitle C--Crime Data
SEC. 331. STANDARDIZATION OF CRIME REPORTING AND INVESTIGATION.
(a) Expanding Uniform Crime Reporting- Section 7332(c) of the Uniform Federal Crime Reporting Act of 1988 (
`(4) JUVENILE CRIME- The Attorney General shall create a separate category in the Uniform Crime Reports to distinguish criminal offenses committed by juveniles.CommentsClose CommentsPermalink
`(5) REPORTING BY STATES AND LOCAL GOVERNMENTS-CommentsClose CommentsPermalink
`(A) IN GENERAL- For each fiscal year beginning after the date of enactment of the Fighting Gangs and Empowering Youth Act of 2007, all departments and agencies within a State or unit of local government which routinely investigate complaints of criminal activity, shall meet the requirements of paragraph (2).CommentsClose CommentsPermalink
`(B) INELIGIBILITY FOR FUNDS- For any fiscal year beginning after the date of enactment of the Fighting Gangs and Empowering Youth Act of 2007, a State or unit of local government that fails to comply with subparagraph (A) shall not be eligible to receive any of the funds that would otherwise be allocated for that fiscal year to the State or unit of local government under subtitle A of title II of such Act.CommentsClose CommentsPermalink
`(C) REALLOCATION- Amounts not allocated to a State or unit of local government under the subtitle referred to in subparagraph (B) for failure to fully comply with subparagraph (A) shall be reallocated under that subtitle to States and units of local government that have not failed to comply with such subparagraph.CommentsClose CommentsPermalink
`(D) WAIVER- The Attorney General shall waive the requirements of subparagraph (A) if compliance with such subparagraph by a State or unit of local government would be unconstitutional under the constitution of the applicable State.'.CommentsClose CommentsPermalink
(b) National Strategy for Investigation Coordination- Section 7332 of the Uniform Federal Crime Reporting Act of 1988 (
`(h) National Strategy for Investigation Coordination-CommentsClose CommentsPermalink
`(1) COORDINATION- The Attorney General shall develop a national strategy to coordinate, consolidate, and standardize all investigations by Federal law enforcement agencies of crimes that are included in the Uniform Crime Reports.CommentsClose CommentsPermalink
`(2) REPORT- Not later than January 1, 2009, the Attorney General shall submit a report to the President and Congress--CommentsClose CommentsPermalink
`(A) outlining the strategy developed under paragraph (1); andCommentsClose CommentsPermalink
`(B) describing the efforts and strategy of the Department of Justice in consolidating and standardizing data on all crimes that are included in the Uniform Crime Reports.'.CommentsClose CommentsPermalink
SEC. 332. CONSOLIDATING AND STANDARDIZING GANG-RELATED CRIME DATA.
Section 150008 of the Violent Crime Control and law Enforcement Act of 1994 (
(1) in subsection (a), by inserting `, consolidate, and standardize all' after `strategy to coordinate';CommentsClose CommentsPermalink
(2) in subsection (b), by striking `acquire and collect' and inserting `acquire, collect, consolidate, and standardize all';CommentsClose CommentsPermalink
(3) by amending subsection (c) to read as follows:CommentsClose CommentsPermalink
`(c) Report- Not later than January 1, 2009, the Attorney General shall submit a report to the President and Congress--CommentsClose CommentsPermalink
`(1) outlining the strategy developed under subsection (a); andCommentsClose CommentsPermalink
`(2) describing the efforts and strategy of the Department of Justice in consolidating and standardizing data on national gang offenses.'; andCommentsClose CommentsPermalink
(4) in subsection (d), by striking `$1,000,000 for fiscal year 1996' and inserting `$2,000,000 for fiscal year 2008'.CommentsClose CommentsPermalink
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