Billing Code: 4410-18-P
                         DEPARTMENT OF JUSTICE
                      Office of Justice Programs
                           28 C.F.R. Part 91
                            [OJP No. 1011]
                             RIN 1121-AA25

        Violent Offender Incarceration and Truth in Sentencing

                        Incentive Grant Program
      ___________________________________________________________

     AGENCY:  U.S. Department of Justice, Office of Justice

     Programs (OJP).

     ACTION: Interim Final Rule.


SUMMARY: This Interim Rule implements and requests comments regarding
the Violent Offender Incarceration and Truth in Sentencing Incentive
Grant Program, Subtitle A of Title II of the Violent Crime Control and
Law Enforcement Act of 1994.  The Violent Offender Incarceration and
Truth in Sentencing Grant Program will provide grants to states, and
states organized in multi-state compacts, for assistance to
correctional systems.  These regulations are being issued in
accordance with the mandate in Subtitle A of Title II that rules and
regulations regarding the uses of grant funds under this program be
issued.  While this rule discusses the implementation of the overall
Subtitle A program, fiscal year 1995 funds have only been appropriated
for the construction-related costs of correctional boot camps.

DATES:  Interim rule effective on (insert date of publication in the
FEDERAL REGISTER); comments must be received (insert date 90 days
after date of publication in the FEDERAL REGISTER).

ADDRESS:  Comments may be sent to Marlene Beckman at the Office of
Justice Programs, 633 Indiana Avenue, 13th Floor, NW, Washington, DC
20531.

FOR FURTHER INFORMATION CONTACT:  The Department of Justice Response
Center at 1-800-421-6770 or (202) 307-1480.


                      SUPPLEMENTARY INFORMATION:

     Federal funding is authorized under Subtitle A of Title II of the
Violent Crime Control and Law Enforcement Act of 1994 (Subtitle A),
Public Law 103-322, for grants to states, and states organized in
multi-state compacts, for assistance to adult and juvenile
correctional systems.  The program recognizes that states and local
jurisdictions have experienced substantial increases in jail, prison
and juvenile confinement populations in recent years, resulting in
escalating costs and serious difficulties in managing overcapacity
correctional populations.  Because of these constraints, correctional
systems have often been unable to implement new programs, develop
alternative confinement strategies, or open new facilities.  This
program seeks to provide funds to address the immediate needs of
correctional facilities and programs.

     In particular, the program emphasizes the need to make available
both conventional jail and prison space for the confinement of violent
offenders and to ensure that violent offenders remain incarcerated for
substantial periods of time through the implementation of truth in
sentencing laws. Accordingly, Subtitle A directs the Attorney General
to award grants to construct, develop, expand, modify, operate, or
improve correctional facilities, including boot camp facilities and
other alternative correctional facilities that will free secure prison
space for the confinement of violent offenders.

     Fifty percent of the total amount of funds appropriated each year
will be allocated for Truth in Sentencing Incentive Grants  and the
other 50 percent will be allocated for Violent Offender Incarceration
Grants, 85 percent of which is to be distributed by specified formula
with the remaining 15 percent available for discretionary grant
awards.

     The formula amount available to carry out the grant programs for
any fiscal year will be allocated to each eligible state based on Part
1 violent crime data reported to the Federal Bureau of Investigation
for use in the Uniform Crime Reports (UCR).  If such data is
unavailable, applicants may also utilize figures as reported in
publications by the Bureau of Justice Statistics (BJS).  (See, e.g.,
"Census of State and Local Correctional Facilities, 1990.")

     The statute contemplates the availability of $7.9 billion in
funding over six years, beginning with $175 million authorized in
fiscal year 1995.  It is important to note, however, that Congress
appropriated only $24.5 million for Subtitle A programs for fiscal
year 1995.  Moreover, the Appropriations Act limits these funds to a
discretionary grant program for the construction of correctional boot
camps. Specifically, grant awards in fiscal year 1995 are to develop,
construct, or expand boot camp programs which include coordinated,
intensive aftercare services following release. It is anticipated that
program guidelines and information outlining the application process
for adult and juvenile boot camp fiscal year 1995 grant awards will be
available in January 1995.


                       Statement of the Problem

     State and local prison populations continue to grow. Moreover,
there are a number of states and local jurisdictions under court order
because of overcrowding in their correctional facilities.  The
majority of jurisdictions operate above the total rated capacity for
their correctional facilities.  Those facilities under court order for
overcrowding which have taken steps to control their burgeoning inmate
populations tend to operate at or near capacity in order to remain in
compliance with the court orders.

     Correctional systems faced with rising prison populations and
court-ordered ceilings have responded in various ways. Some have
implemented population management task forces to ensure that violent
criminals are not released as a result of accommodating nonviolent
offenders.  Others have simply released offenders when their
institutions reach a certain population level, without significant
controls over the security classifications of the inmates.  Still
other systems under court order have implemented statutory release
programs.

       The Violent Crime Control and Law Enforcement Act of 1994

     Subtitle A provides for immediate assistance to correctional
systems to contend with this growing inmate population crisis.  Of
primary importance is the recognition that there must be adequate
conventional confinement space for violent offenders, both adults and
juveniles, to serve a substantial portion of their sentences.  This
program, therefore, provides grants to assist correctional systems in
managing a comprehensive approach which will provide for the
confinement of violent offenders; help address the problems associated
with overcapacity in correctional facilities through the improvement,
development, expansion or modification of present facilities and
programs; and support comprehensive programs and treatment that will
assist in reducing recidivism.


                 Federal, State and Local Partnerships

     Because crime is primarily a state and local issue, the Subtitle
A grant program envisions a federal, state, and local collaboration to
address the problems associated with the incarceration and punishment
of violent offenders.  State and local government officials were
involved in the congressional hearings that guided this legislation,
and will continue to be involved as the Department of Justice moves
forward in establishing policy guidance, developing regulations, and
implementing program guidelines.

     In addition, this grant program provides flexibility to states
and local governments in utilizing federal funds to plan, construct,
and operate correctional facilities in ways that best meet their needs
and in the most cost-effective manner.  Built into the program is the
recognition that correctional systems can use grant funds in a variety
of ways to ensure the greatest and most timely impact.

     Under Subtitle A, corrections systems will have the ability to
quickly bring on-line additional bed space in facilities which,
although construction has been completed, are not being utilized due
to funding constraints.  States and local agencies can also activate
prison and jail expansion and juvenile corrections projects that have
been planned, but not launched, due to lack of funds.  The grant
program further provides for the expansion of alternative correctional
options for nonviolent offenders which will free secure bed space for
dangerous offenders to serve their sentences.

     Moreover, corrections systems will have flexibility in using
surplus federal property.  Beds for violent offenders can be made
available in secure facilities through the conversion of closed
military facilities or other appropriate federal facilities to
facilities for housing low-security inmates.

     Subtitle A also recognizes the benefits of regional prisons,
particularly for adjoining localities.  The economies of scale
resulting from a multi-state compact prison are particularly
beneficial for confining specialized groups of offenders, such as
medical/psychiatric inmates, inmates requiring protective custody, and
high security inmates.

     The grant program balances appropriate accountability through
various eligibility criteria, the availability of technical
assistance, and the evaluation of programs implemented with these
funds, with the flexibility states and local governments require and
deserve based on their individual needs and expertise.  Grant
eligibility criteria specifically provide for the involvement of
counties and local governments and the sharing of funds with these
entities.

     Moreover, the federal role provides sufficient structure and
definition in the eligibility criteria to meet the program's goals,
while allowing for judgment by grant recipients to take into account
the states' various unique situations, criminal and juvenile justice
practices, and correctional systems.  The program accounts for the
different needs of the states and local entities, and reflects that
there is no "national standard"  approach that will suit all
jurisdictions.  The grant monies are available for the range of
correctional needs such as system planning and facility development,
as well as the construction, expansion, modification, improvement, and
operation of a variety of correctional facilities.


                        Violent Juvenile Crime

     Concern also continues nationwide over the escalation in violent
juvenile crime.  According to the FBI's Uniform Crime Reports,
juvenile arrests for violent offenses increased dramatically over the
five-year period from 1988 to 1992 -- 47 percent -- while adult
violent crime arrests increased 19 percent.  The estimated 129,600
Violent Crime Index arrests of juveniles in 1992 was the highest in
our history, with 3,300 arrests for murder, 6,300 for forcible rape,
45,700 for robbery and 74,400 for aggravated assault.  Moreover,
during the past few years, there has been a marked escalation of
homicides by juvenile offenders.  Teenage homicides have more than
doubled since 1984, and juvenile homicides involving firearms have
increased 175 percent since 1983.  Of particular importance is that
the size of the current 14-17 year-old population, which has been
responsible for much of the recent youth violence, will increase by
about 20 percent in the next decade.

     The "Comprehensive Strategy for Serious, Violent and Chronic
Juvenile Offenders," developed by the Department's Office of Juvenile
Justice and Delinquency Prevention, is the centerpiece of the
Department's response to growing juvenile crime.  The Subtitle A grant
program is an integral part of the comprehensive strategy's
intervention component.  The program is based on the recognition that
an effective model for the treatment and rehabilitation of delinquent
offenders must combine accountability and sanctions with increasingly
intensive treatment and rehabilitative efforts at every stage of the
continuum.

     The intervention component calls for establishing a range of
graduated sanctions that includes both immediate interventions and
intermediate sanctions, including both nonresidential and residential
placements and programming. Boot camps offer an intermediate sanction
for nonviolent juvenile offenders.  These programs should be short-
term and include a formal aftercare phase, actively involving the
family and the community in supporting and reintegrating the juvenile
into the community.

     While the strategy encourages the use of non-residential
community-based programs and intensive supervision programs for many
juvenile offenders, it recognizes that the criminal behavior of some
serious, violent and chronic offenders requires the use of secure
detention and corrections facilities to protect the community and
provide a structured treatment environment.  This grant program will
facilitate jurisdictions in meeting the challenge of placing juvenile
offenders in need of confinement in secure facilities.


                  Grants for Correctional Facilities

     The Subtitle A authorization provides for two different grant
programs:  (l) Violent Offender Incarceration Grants, and (2) Truth in
Sentencing Incentive Grants.  Of the total federal funding authorized
to Subtitle A grant programs each year, 50 percent is allocated for
each of these two grant initiatives.  With the exception of a limited
discretionary grant program, this funding will be distributed to
states based on the formula specified in Subtitle A.  Although the
statute provides for states and multi-state compacts as the only
eligible grant recipients, Subtitle A requires that states involve
counties and other units of local government and share funds received
under this program with them.

     To be eligible to receive funding under either of the Subtitle A
programs, states must comply with a series of assurances involving
sentencing policies and practices and other guarantees of sound
correctional systems to ensure that violent offenders are sufficiently
incapacitated and that the public is protected.

     Included in the assurances are requirements that the state: (1)
implement sentencing reforms that ensure violent offenders receive
sufficiently severe punishments, (2) recognize the rights and needs of
crime victims, and (3) develop a comprehensive correctional management
plan that includes diversion programs, particularly drug diversion
programs, community corrections programs, systems designed to
accurately evaluate and classify inmates within the system, and
programs and treatment designed to assist in reducing recidivism,
including rehabilitation and treatment programs and job skills.
Emphasis will be placed on a corrections system's ability to plan for
and implement these basic components of a comprehensive and
coordinated approach to correctional policy.


                  Comprehensive Correctional Planning

     By definition, a comprehensive system involves state and local
governments; thus, the development of a comprehensive plan
necessitates a partnership and collaboration among state and local
entities.  Because the flow of offenders begins at the local level,
both local and state governments play key roles in the punishment of
offenders through alternative sanctions and incarceration in
correctional facilities.  The input of county and municipal juvenile
and criminal justice officials will be considered essential to
creating an effective overall state strategy to meet the goals of this
grant program.  Both local and state governments also have a strong
interest in any change in the capacity of any component of the
corrections system.  The statutory assurances are clear in their
intent that states are expected to share funds with local units of
government in support of effective implementation of the comprehensive
plan.

     Participants in the comprehensive plan development should
represent a broad mix of interested and involved organizations and
officials from varying perspectives.  Every effort should be made by
the state to include mayors, city and county officials, police
departments, sheriffs, judges, prosecutors, community corrections
administrators, representatives from the treatment and education
communities and indigent defense, concerned citizens, and victims'
advocates, as well as the juvenile justice system.  Applicants should
also take an active role in involving state and juvenile justice
administrative agencies and advisory boards.  The manner in which
criminal and juvenile justice functions are structured in various
states and their relationships with other justice agencies will affect
the roles played in the development of an effective correctional plan.

     The comprehensive correctional plan must address how the state
has involved local jurisdictions and the plan for sharing funds with
local facilities, truth in sentencing and victims' rights issues, and
the continuum of correctional options required for adult and juvenile
offenders.  It must meet the overall goal of incarcerating violent
offenders, and must convey the options for nonviolent offenders that
will free up traditional bed space to accomplish that goal.


                       Victims' Rights and Needs

     To be eligible to receive grants, states must provide assurances
that they have implemented policies that provide for the recognition
of the rights and needs of crime victims. No specific requirements for
complying with this condition are prescribed by this interim rule in
relation to fiscal year 1995 funding because of the need for
comprehensive review of the status of victims' rights measures in
state systems. State applications for fiscal year 1995 funding should
include information on measures which are in effect or under
consideration in the state to protect the rights and interests of
crime victims.

     More definitive guidance will be provided concerning compliance
with this condition in a final rule or related guidelines for funding
in fiscal year 1996 and thereafter. Areas that have been identified as
implicating important rights and needs of crime victims include: (1)
providing notice to victims concerning case and offender status,  (2)
providing an opportunity for victims to be present at public court
proceedings, (3) providing victims the opportunity to be heard at
sentencing and parole hearings, (4) providing for restitution and
other compensation to victims, and (5) establishing administrative
mechanisms or other mechanisms to effectuate these rights.

     States that expect to seek funding under this program in fiscal
year 1996 or thereafter are encouraged to review the status of victim
rights measures in their systems, particularly with reference to the
five areas identified above.  Federal law incorporates significant
measures in each of these areas for federal cases.  The provisions of
federal law governing these issues may be useful for states as a
possible model for reform, if they have not already adopted similar
measures in their own systems.  See 42 U.S.C. 10606(b)(3), (7),
10607(c) (notice concerning case and offender status); 42 U.S.C.
10606(b)(4) (right to be present at public court proceedings); Rule 32
of the Federal Rules of Criminal Procedure, as amended effective
December 1, 1994 (right of allocution in sentencing for victims); 18
U.S.C. 3663, 3553(c) (general restitution provisions for federal
cases); 42 U.S.C. 10607(a) and (b), 10607(c)(5) (assignment of
responsibility for victim-related functions).


                 Truth in Sentencing Incentive Grants

     To be eligible to receive funding under the Truth in Sentencing
Grant Program, in addition to meeting the assurances listed in
Subtitle A,  states must also meet certain sentencing requirements.
In particular, to qualify for this part of the grant program, states
must have in effect sentencing laws that either provide for violent
offenders to (1) serve not less than 85 percent of their sentences, or
(2) meet other requirements that ensure that violent offenders, and
especially repeat violent offenders, remain incarcerated for
substantially greater percentages of their imposed sentences.

     The Office of Justice Programs is aware that the vast majority of
states will at present have difficulty in meeting the condition that
violent offenders serve at least 85 percent of the sentence imposed.
No specific guidance for complying with this assurance is prescribed
at this time both because funding for this program is not available in
FY '95, and also because of the need for further review of state
compliance issues.  Moreover, we are particularly interested in
comments from the field on compliance issues and on the definition of
"violent offender" for purposes of truth in sentencing grant awards.


               FY 1995 Correctional Boot Camp Initiative

     The availability of funds each year is, of course, limited by the
appropriations process.  In fiscal year 1995, Congress has allocated
$24.5 million to Subtitle A grant programs and has imposed additional
limitations on the uses of these grant funds.

     Consistent with congressional intent, grant awards in fiscal year
1995 will be for construction-related costs of correctional boot camps
and will be allocated through the discretionary grant component of the
Violent Offender Incarceration Grant Program.  Construction-related
costs are broadly interpreted to include costs associated with both
the planning and development of the facility.  OJP is expressly
precluded, however, from funding operating expenses.

     Specifically, grant funds can be used to plan, develop,
construct, or expand adult and juvenile boot camp programs which must
include coordinated, intensive aftercare services for inmates
following release.  Pursuant to the requirements specified in Subtitle
A, boot camps are correctional programs of no longer than six-months
incarceration and must: (1) exclude offenders who have at any time
been convicted of a violent felony or similarly adjudicated juveniles,
(2) adhere to a regimented schedule, (3) provide for inmate
participation in education, job training and substance abuse
counseling or treatment, and (4) coordinate intensive aftercare
services with the services provided during the period of confinement.

     The program emphasis in fiscal year 1995 will be on the
construction, renovation and expansion of correctional boot camp
facilities that will free conventional prison, jail and juvenile
correctional space for the confinement of violent offenders so they
can serve a substantial amount of their imposed sentences.  To receive
funds, correctional systems will have to demonstrate, through a
comprehensive correctional plan and prisoner screening and security
classification system, that (1) there is a need for additional secure
confinement space for violent offenders, and (2) this need will be met
through the  construction of a boot camp facility that provides
housing otherwise unavailable for nonviolent offenders.

     With regard to juvenile facilities, priority will be given to
juvenile boot camps that are designed to prevent juvenile offenders at
risk from becoming violent offenders. This desired outcome will most
likely be accomplished if the jurisdiction engages in efforts that
maximize the likelihood that juvenile boot camp participants would
otherwise be incarcerated in traditional secure facilities (e.g.,
participation limited to those youths who have been adjudicated
delinquents and who have been sentenced to the juvenile state
correctional agency).  Among this population, juvenile offenders whose
escalating patterns of delinquent behavior indicate that an
authoritative boot camp intervention is likely to suppress or abate
emerging tendencies towards chronic or violent delinquent behavior
should be considered prime candidates for boot camp participation.

     To be eligible to receive grants for correctional boot camp
construction, states must meet the eligibility criteria outlined for
the Violent Offender Incarceration Grant Program, including the
assurances specified in Section 20101(b) of Subtitle A.

     Detailed program guidelines and application material for the
fiscal year 1995 correctional boot camp initiative will be available
in January 1995.


             Technical Assistance and Training/Evaluation

      In keeping with the intent of Congress to assist states in
meeting these assurances, the Department proposes to designate up to
10 percent of the funds available in this program to provide technical
assistance and training to states that presently do not meet the
required general assurances or want to expand and improve on current
efforts in these areas. Specifically, the Department will provide
training and assistance to states with the comprehensive corrections
planning process, the development of truth in sentencing statutes, and
in otherwise moving toward compliance with the required conditions.
States which meet the general assurances in fiscal year 1995, or are
working toward compliance, will be in a better position to receive
grant monies under these programs over the next several years.

     Further, it is the intent of the Department that selected federal
initiatives under the new anti-crime law be evaluated.  To accomplish
this goal, a portion of the overall funds authorized under this
Subtitle will be set aside for purposes of implementing a national
evaluation strategy. Recipients of funds must agree to cooperate with
federally-sponsored evaluations of their projects and to conduct
evaluations as required by the national evaluation strategy.  In
addition, recipients of program funds will be required to conduct a
local assessment and report on program implementation.


                         Request for Comments

     In submitting comments, please be cognizant of the above-
described statutory limitations.  In administering the Subtitle A,
Correctional Facilities Grant Program, OJP seeks to fulfill
congressional intent by ensuring that the statutory limitation.