SiteMap Menu ItemForms Menu ItemContact Us Menu ItemJobBank Menu Item

Welcome GUEST [Not GUEST ? Sign In]

Login
whats new
Membership - Join Us Menu Item
Conferences and Workshops Menu Item
ACA Bookstore Menu Item
Online Corrections Academy Menu Item
Standards and Accreditation Menu Item
Professional Certification Program Menu Item
Government and Public Affairs Menu Item
Policies & Resolutions
Correctional Facts & Figures

Training Menu Item
Publishing And Periodicals Menu Item
Research and Related Links Menu Item
Advertise With Us Menu Item
Student Opportunities Menu Item
Healthcare Professional Interest Section
 

 
 
 
 

Page Title: Government and Public Affairs

ACA Federal Alert

The "voice of corrections" comes from those working in the field across the nation. ACA's Federal Alerts are designed to provide ACA members and advocates the latest information on federal legislation and other critical developments that impact corrections to allow you to make sure that your voice is heard in policy debates in Washington, D.C.

On this page, you will find background on the issues being discussed in the halls of Congress and within the administration, Calls for Action, and materials to help you respond and ensure that your voice is heard.



ACA Federal Update
January 27, 2005

Summary of items in the issue:

  1. State of the Union Address
  2. Appropriations Outlook – Key Dates
  3. Federal Reauthorizations/Expired Programs
  4. House Government Reform Committee Hearing
  5. Reentry Legislation Update
  6. US Supreme Court Rulings
  7. Report Released on Juveniles Incarcerated in CA
  8. California Announces Corrections Reforms
  9. Nebraska – Hearing on Legislation Designed to Ease Ban on Offender Voting
  10. Virginia – Effort to Repeal Legislation Requiring Courts to Appout Counsel for Juveniles at Initial Detention Hearings
  11. Funding Opportunities

•  2005 State of the Union Address
On February 2, President Bush delivers his annual State of the Union address to a joint session of Congress.

•  Appropriations Outlook

The President is scheduled to unveil his Fiscal Year 2006 (FY 2006) Budget proposal to Congress on Monday, February 7 .

It should be noted that rumors inside the Washington Beltway indicated that the Office of Management and Budget (OMB) has proposed to make the following recommendations to the president for inclusion in his FY06 budget proposal:

•  elimination of the Justice Assistance Grants (JAG) program*

•  it is understood that OJP is appealing this recommendation and requesting $462,975,000 for this program

•  elimination of Police Corps

•  elimination of COPS Office

•  re-allocation of Project Safe Neighborhood funds to ATF, Executive Office of the U.S. Attorneys, and the Criminal Division, U.S. Department of Justice

•  recission of the crime victims fund ($1.2 billion)

It should be noted that it has not been confirmed whether or not all these recommendations were submitted to or accepted by the President.

Following the President's address, the Houses of Congress will begin their work on the FY2006 Budget. Typically, within six weeks of the President's address, Congressional Committees are required to submit their views and budget estimates to the House or Senate Budget Committee. By early March, the House and Senate Budget Committees will have developed their respective Budget Resolutions, which will govern the total levels of spending for the federal government.

By the end of March, Appropriations Subcommittees require all “Member Projects” or “Member Priorities” to be submitted. Member Projects would included any line-item funding requests that the Member is supporting within his/her district. The Federal Fiscal Year begins October 1.

This means is that it is important to begin making contact with your Representatives in both the House and Senate immediately following the President's Budget Address to ensure that your members are supportive of your funding priorities both for the larger federal assistance and grant programs as well as any “member item” which you are seeking.

•  Federal Reauthorizations

Each year, the Congressional Budget Office (CBO) is required to report to the Congress on:

  • All programs and activities funded for the current fiscal year for which authorizations for appropriations have expired, and
  • All programs and activities for which authorizations for appropriations will expire in the current fiscal year.

The report is available at: http://www.cbo.gov/

The programs that have expired or that are up for reauthorization, present opportunities for those interested to request language revisions that would make the programs more efficient and effective. ACA encourages you to review those programs from which you receive federal assistance to determine whether or not any such changes are necessary. Further, if there are other programs which you feel could be expanded to better serve correctional populations, please let us know.

Among programs that are expired or due to expire are (this list is not exhaustive, but merely an example of the types of programs that are either expired and still funded or set to expire):

P.L. 107-0273 21st Century Department of Justice Appropriations Authorization Act

•  Department of Justice: general administration; narrowband communications; counterterrorism fund; administrative review and appeals; Detention Trustee; Office of Inspector General (including additional funding increased audit and reviews); identification system integration

FY 2003 Appropriations Authorized: 1,985,616,000
Unauthorized FY 2005 Appropriations: 1,377,872,000

•  Drug Enforcement Administration

FY 2003 Appropriations Authorized: 1,582,044,000
Unauthorized FY 2005 Appropriations: 1,653,265,000

•  Federal Prison System (including National Institute of Corrections)

FY 2003 Appropriations Authorized: 4,605,068,000
Unauthorized FY 2005 Appropriations: 4,627,696,000

•  Office of Justice Programs

FY 2003 Appropriations Authorized: 215,811,000
Unauthorized FY 2005 Appropriations: 219,900,000

P.L. 106-0546 DNA Analysis Backlog Elimination Act of 2000

•  Justice grants to states for analyses and indexing of convicted individuals

FY 2003 Appropriations Authorized: 15,000,000
Unauthorized FY 2005 Appropriations: Not Available

•  Justice grants to states for analyses of samples from crime scenes and to increase capabilities of state and local labs

FY 2004 Appropriations Authorized: 25,000,000
Unauthorized FY 2005 Appropriations: Not Available

P.L. 106-0515 America 's Law Enforcement and Mental Health Project of 2000

•  Grants to establish mental health courts

FY 2004 Appropriations Authorized: 10,000,000
Unauthorized FY 2005 Appropriations: 400,000

P.L. 103-0322 Violent Crime Control and Law Enforcement Act of 1994

•  Violent offender incarceration and truth-in-sentencing incentive grants; Certain punishment for young offenders: Undocumented criminal alien incarceration (Title II, as modified by P.L. 104-134)

FY 2000 Appropriations Authorized: 3,133,100,000
Unauthorized FY 2005 Appropriations: 305,000,000

•  Crime Prevention programs - Ounce of Prevention Council; Local crime prevention block grant; Model intensive grants; Family and community endeavor schools grants; Assistance for delinquent and at-risk youth; Police recruitment grants; Urban recreation and at-risk youth; Community-based justice grants for prosecutors; Family unity demonstration projects; Substance abuse treatment in federal prisons; Residential substance abuse treatment in state prisons; Tuberculosis in correctional institutions; Gang resistance education and training (Title III )

FY 2000 Appropriations Authorized: 586,510,000
Unauthorized FY 2005 Appropriations: Not Available

•  State and local law enforcement: Family support for law enforcement personnel; DNA identification grants; DNA quality assurance methods; Improved training and technical automation grants (excluding facilities improvement at Quantico ); Federal assistance to state courts to ease burdens resulting from this Act (Title XXI)

FY 2000 Appropriations Authorized: 91,000,000
Unauthorized FY 2005 Appropriations: 2,000,000

•  Marketing scams targeting senior citizens: Additional funding for FBI investigations, US Attorneys and Justice prosecutions, and Justice training (Title XXV)

FY 2000 Appropriations Authorized: 5,100,000
Unauthorized FY 2005 Appropriations: 2,000,000

•  Extension of Byrne Grant funding (Title XXI)

FY 2000 Appropriations Authorized: Indefinite
Unauthorized FY 2005 Appropriations: 634,000,000

P.L. 105-0220 Workforce Investment Act of 1998

•  Workforce Investment programs: Youth activities; Adult employment and training activities; dislocated worker employment and training activities

FY 2003 Appropriations Authorized: Indefinite
Unauthorized FY 2005 Appropriations: 2,150,192,000

•  Job Corps programs

FY 2003 Appropriations Authorized: Indefinite
Unauthorized FY 2005 Appropriations: Not Available

•  National workforce investment programs: native american programs; migrant and seasonal farmworker programs; veterans workforce investment programs; technical assistance; demonstration and pilot projects; evaluations ; incentive grants

FY 2003 Appropriations Authorized: Indefinite
Unauthorized FY 2005 Appropriations: 249,679,000

•  Adult education and literacy programs (automatically extended one fiscal year from date shown pursuant to P.L. 103-382)

FY 2003 Appropriations Authorized: Indefinite
Unauthorized FY 2005 Appropriations: 38,382,000

•  Confronting Recidivism: Prisoner Reentry Programs and A Just Future for All Americans

House Government Reform Committee, Full Committee Hearing

House Government Reform Committee (Chairman Davis, R-Va.) will hold a hearing titled
"Confronting Recidivism: Prisoner Reentry Programs and A Just Future for All Americans."

Thursday, February 3, 2005 ; 12:00 PM
2247 Rayburn House Office Building
Contact: 202/225-5074

While a full list of those testifying is not yet available, ACA has confirmed that a former prisoner who participated in a Prison Fellowship reentry program while incarcerated and his mentor will be testifying.

Note: This hearing is not focused on any specific legislative proposals, but is an effort to examine the plethora of issues surrounding reentry.

•  Reentry Legislation

ACA joined 48 other national advocacy organizations in sending a letter to President Bush asking that he reaffirm his commitment to reentry as the first step toward enacting meaningful reentry legislation during the 109 th Congress.

Leaders in both Houses of Congress are preparing legislation on prisoner reentry, expected to be introduced within the next few weeks. Lead sponsors of the legislation are expected to be Rep. Rob Portman (R-OH), Rep. Danny Davis (D-IL), Sen. Sam Brownback (R-KS), and Sen. Joseph Biden (D-DE). Congressman Portman hopes to get as many as 150 cosponsors for the reintroduced Second Chance Act. Portman's office has repeatedly stressed the importance of individuals back home sending letters and calling their Members in support of the bill, especially in the districts of key Members.

House and Senate staffers have been working on language for the revised bill. The House sponsors (Portman and Davis) are in general agreement on the final bill language (the language will be circulated by ACA as soon as it is released). The House bill will likely have new provisions regarding families, kinship care, cultural competence, and public participation. It is generally understood that there is more room in the Senate to more substantially modify the bill from last year's legislation.

The House sponsors plan to reintroduce the legislation next week prior to a February 3 rd hearing on recidivism being held by the House Government Reform Committee.

Important to the legislation moving in the House, is securing key Members as sponsors of the bill, particularly Representative Conyers, the ranking Democratic on the Judiciary Committee. ACA encourages those with ties to Michigan to contact Congressman Conyers urging him to sponsor the Second Chance Act. Other targets include members of the House and Senate Judiciary Committees.

ACA can provide draft letters of support and contact information for your Members of Congress upon request.

•  Supreme Court Ruling on Federal Sentencing Guidelines

The Supreme Court ruled on Jan. 12 that a key component of the federal criminal sentencing guidelines is unconstitutional, pushing a broad overhaul of the criminal code to the top of an already crowded congressional agenda. The court ruled 5-4 in a pair of cases, United States v. Booker and United States v. Fanfan that judges cannot use facts not considered by juries nor admitted by defendants when making sentencing decisions. Both cases arose from federal drug trafficking cases in which the defendant was sentenced by a judge based in part on such findings.

From the Washington Post:

The guidelines were established in the 1980s as part of a bipartisan effort to ensure that the same crime would receive about the same punishment nationwide. But since then, they have become the source of intense controversy in the federal courts, subject to criticism across the ideological spectrum. Conservatives and prosecutors have said that some judges have tried to coddle criminals by eluding the guidelines. Defense lawyers and some judges have said they have resulted in excessive sentences for some defendants.

The divided outcome emerged from unusual twin majority opinions in United States v. Booker, No. 04-104, and United States v. Fanfan, No. 04-105. One group of five justices said the current administration of the guidelines violates defendants' right to a jury trial because judges impose sentences under them based on facts that a jury did not find beyond a reasonable doubt.

Another group of five justices explained why the guidelines must nevertheless continue to shape sentencing decisions even if judges are no longer legally bound to follow them.

•  Congressional Report Highlights Detention of Mentally Ill Youths in California

On January 24, Rep. Henry A. Waxman (D-CA) released a report documenting what happens to California youth with mental illnesses when treatment is not available. It finds that hundreds of California youth are inappropriately incarcerated every day to wait for community mental health services.

In July 2004, Rep. Henry A. Waxman and Sen. Susan Collins (R-ME) released the results of a national survey of juvenile detention facilities that assessed the inappropriate detention of youth with mental illness. The survey found that without access to treatment, some youth with serious mental disorders are placed in detention even if they do not have any criminal charges pending against them. In other cases, youth with serious mental disorders are ready to be released for treatment but must remain incarcerated for extended periods because no inpatient bed, residential placement, or outpatient appointment is available. The survey found that two-thirds of the nation's juvenile detention centers in 49 states needlessly incarcerate thousands of youth.

ACA strongly supports the efforts of Rep. Waxman and Sen. Collins on this issue. Copies of the full report as well as the recently released report on California are available by contacting the Joe Weedon at the American Correctional Association or by visiting www.democrats.reform.house.gov .

The California report's findings include:

•  Over the six-month period of the study, 799 youths spent time in juvenile detention in California while they waited for mental health help. On average, 281 youths were in detention waiting for mental health services every night.

•  Youths who are waiting for mental health treatment stay in California detention facilities longer than other detainees. They average 64.2 days in detention, compared with an average of 30.8 days for all detainees.

•  One detention facility reported holding an 8-year-old child who was awaiting mental health treatment, while 17 facilities were holding children 12 years old and younger.

•  California detention facilities spend over $10 million each year to house youths who are waiting for community health services.

•  Many facilities holding youths who are waiting for mental health treatment report suicide attempts or aggressive behavior by the youths.

•  California Announces Corrections Reforms

California Governor Arnold Schwarzenegger used his State of the State address to propose sweeping reforms to radically restructure state government. Included in the Governor's proposals is an effort to dramatically overhaul the state's Youth and Adult Corrections Agency, which spends over $6 billion annually and has 54,000 employees.

The Governor's proposals implement virtually all of the reforms suggested by the “Corrections Independent Review Panel” which was chaired by former Governor George Deukmejian. The panel found that California 's prisons were plagued by:

•  out-of-control costs;

•  a recidivism rate exceeding that of any other state;

•  reported abuse of inmates by correctional officers;

•  an employee disciplinary system that fails to punish wrongdoers;

•  the failure of correctional institutions to provide wards and inmates with mandated health care and other services.

As a part of the reforms, the California Department of Corrections will be renamed the “Department of Corrections and Rehabilitation,” making California  only the second state to include Rehabilitation in the name of its prison agency.

Among the areas targeted for reform are:

•  Changing the correctional culture, eliminating the ‘code of silence', and reinforcing strong ethical behavior;

•  Ensuring that the best employment candidates are recruited and that all employees are properly trained;

•  Establishing discipline and use-of-force policies that are fair and equitable to the employees, the department, inmates and wards, and the public, and

•  Changing the way we manage inmates and wards so that they are better prepared to reenter the community as productive members of society.

•  Nebraska – Hearing on Legislation Designed to Ease Ban on Offender Voting

The State of Nebraska Committee on Government, Military and Veterans' Affairs held a hearing on Legislative Bill 53 on January 20. The legislation would restore voting rights after completion of sentence, including parole (a position consistent with ACA's Policy on the issue adopted in Phoenix ). Nebraska is one of several states that currently bars ex-felons from voting. The legislation follows from a recommendation by a state task force on voter participation. The chair of the committee is Sen. Dianna Schimek, who is a supporter of the legislation.

•  Virginia – Effort to Repeal Legislation Requiring Courts to Appout Counsel for Juveniles at Initial Detention Hearings

Last year, the Virginia General Assembly passed legislation requiring courts to appoint counsel for juveniles at their initial detention hearing. The bill also requires that juveniles consult an attorney before waiving their right to counsel.  The legislation, HB 600, is to take effect on July 1, 2005 ; however, a report by Virginia 's Office of the Executive Secretary of the Supreme Court of Virginia identifying a costly fiscal impact (dollar amounts which are currently being repudiated) has led to the introduction of a bill this legislative session to repeal HB 600.

ACA believes that Virginia has a tremendous opportunity to lead the nation in ameliorating processes in juvenile detention. And we urge you to oppose efforts to repeal this legislation.

•  Funding Opportunities:

Grants.gov is a single, comprehensive Web site that will contain information about finding and applying for all federal grant programs. For more information about Grants.gov is available at http://www.grants.gov .


The text of any legislation referenced above can be found at: http://thomas.loc.gov . For questions or to request more information, please contact Joe Weedon, ACA Director of Government Affairs at joew@aca.org or 301/918-1885.


The Consolidated Appropriations Act of 2004

This past weekend, Congress adopted the Consolidated Appropriations Act of 2004 (HR4818 ; H.Rept. 108-792 ). Full details on the bill which includes funding for Agriculture, Commerce/Justice/State, Energy & Water, Foreign Operations, Interior, Labor/ HHS /Education, Legislative Branch, Transportation/Treasury, & VA/HUD can be found at http://thomas.loc.gov/home/approp/app05.html .

This report includes highlights of the programmatic funding for major state and local law enforcement programs within the Justice Department. Also included are some highlights of programmatic funding in other areas of the omnibus bill from which corrections may be eligible. As further details become available, they will be shared.

Summary of items in the issue:

    Appropriations Recap
      Commerce, Justice, State Highlights
      Labour Department (Offender Reentry) Highlights
      Housing (Section 8 & McKinney-Vento Homeless Assistance Grants)
      Justice Funding Charts

Please see attached for full details.

FY 2005 Appropriations Update

Appropriations

The Senate Appropriations Committee unanimously passed legislation on September 15 th to fund programs within the Justice Department ( S.Rept. 108-344 ). The measure will be sent to the full Senate for consideration. The House passed similar legislation on June 15 th ( H.Rept. 108-576 ). Funding levels for major programs in the Department of Justice budget from both reports and the Presidential Request, along with a comparison to previous year's funding levels, are included below.

It remains highly doubtful the appropriations process will be completed in time for the beginning of the new fiscal year on October 1st. Thus, Congress will have to pass stopgap spending measures until the process is completed. Possible strategies being considered include passing a continuing resolution which will fund the government at current levels through the election; final passage of a few appropriations bills with action on the remainder after the election; or a continuing resolution which will fund the government at current levels until the beginning of the next congressional session and presidential term in January.

Outside of the CJS appropriations bill, ACA continues to monitor and advocate for components of the President's Reentry initiative, announced during the 2004 State of the Union Address, to be included in other budget areas.

Specifically, the Senate version of the Labour- HHS bill would fund a $40 million White House prisoner re-entry program that would allow faith-based groups to receive funds to help convicts make the transition back into society. The House bill included no funding for the program, preferring to wait for authorizing legislation. The House bill does not include similar provisions.

A detailed overview of the relevant provisions from the Labour- HHS bill is included below.

Reentry Legislation Update:

Senate:

Senators Brownback and Santorum introduced a Senate version of the Second Chance Act (S 2789) on Friday, September 10. The bill is the companion to HR 4676, introduced by Reps. Rob Portman, Danny Davis and others earlier this summer.

Senator Joseph Biden also plans to introduce a Reentry bill prior to the end of the 108 th Congress. His legislation will incorporate many of the same elements as the Second Chance Act, but is broader in scale and scope.

Senator Mary Landrieu is also working on reentry legislation and has a particular interest in voting rights for ex-offenders.

House:

The sponsors of the Second Chance Act continue to maintain that it will be possible to move the legislation this year. Meetings with staff at on the Judiciary Committee have been fruitful and both Chairman Sensenbrenner and Chairman Coble have indicated that they would like to see the legislation enacted. The major obstacle remains the limited time left on the House Calendar. Potential issues with Education and Workforce Committee jurisdiction have reportedly been resolved satisfactorily. Discussions are underway regarding a joint Coble/Scott Dear Colleague letter.

Lobbying efforts from the community remain essential to the successful adoption of this bill this year.

Prison Industries Issues – Update from National Correctional Industries Association

The 2005 Transportation and Treasury Appropriations Bill contains the following language: [page 161, lines 7 through 17]  " SEC . 636. None of the funds made available under this or any other Act for fiscal year 2005 and each fiscal year thereafter shall be expended for the purchase of a product or service offered by Federal Prison Industries, Inc. unless the agency making such purchase determines that such offered product or service provides the best value to the buying agency pursuant to governmentwide procurement regulations, issued pursuant to section 25(c)(1) of the Office of Federal Procurement Act (41 U.S.C. 421(c)(1)) that impose procedures, standards, and limitations of section 2410n of title 10, United States Code."

The language of Sec. 636 constitutes a violation of the prohibition against loading changes to existing law in a general appropriations bill.  In particular, Sec. 636 contains the language “or any other Act” which clearly changes existing law, and includes a proviso relating to a specific determination by the agency which also changes substantive law.  Further, Sec. 636 not only applies to fiscal year 2005, but each fiscal year thereafter.

Action: Please contact your Senators to request that they vote to strike Sec. 636 from the 2005 Transportation and Treasury Appropriations Bill when the bill comes up for debate on the Senate floor. 

Similar language was previously removed from the House companion bill.

Department of Justice

FY 2004

PROPOSED FY 2005

PROPOSED FY 2005

 

PROPOSED FY 2005

 

State & Local Law Enforcement
Assistance Budget

[In thousands of dollars]

Omnibus Approp.
H.R. 2673
H. Rept.
108-401

 

Presidential Request

 

 

H.R. 4754
H.Rept.
108-576

 

S.Rept.
108-344

Byrne Memorial Justice Assistance Grant

--

508,937

634000

--

(Boys and Girls Club)

--

(60,000)

(80,000)

--

( USA Freedom Corps)

--

--

(5,000)

--

(National Institute of Justice)

--

(19,956)

(15,000)

--

(Tribal Courts)

--

(5,921)

--

--

Edward Byrne Memorial Grant Program

 

 

 

 

Formula

494,739

--

--

500,000

Discretionary

--

--

--

117,969

Byrne Discretionary Grants

157,443

--

110,000

--

Local Law Enforcement Block Grant

222,633

--

--

150,000

(Boys and Girls Club)

(79,158)

--

--

(85,000)

( USA Freedom Corps)

(2,968)

--

--

-0-

(National Institute of Justice)

(9,895)

--

--

(10,000)

State Criminal Alien Assistance

296,843

--

325,000

250,000

(Southwest Border Prosecutor Initiative)

 

 

 

(30,000)

Cooperative Agreement Program

1,979

--

--

-0-

Indian Assistance

14,842

4,240

15,000

18,000

(Tribal Prison Construction Program)

(1,979)

--

(2,000)

(2,000)

(Indian Tribal Courts Program)

(7,916)

--

(8,000)

(8,000)

(Alcohol and Substance Abuse)

(4,947)

(4,240)

(5,000)

(5,000)

USA Freedom Corps

--

15,381

-0-

-0-

Victims of Trafficking Grants

9,894

--

10,000

-0-

State Prison Drug Treatment (RSAT)

--

74,669

35,000

25,000

Drug Courts

38,095

67,463

50,000

40,000

Prescription Drug Monitoring

6,926

--

10,000

-0-

Prison Rape Prevention and Prosecution

36,784

7,654

52,175

-0-

Safe Return Program

 

 

 

850

Law Enforcement Family Support Programs

 

 

 

2,000

Motor Vehicle Theft Prevention

 

 

 

100

 

Other Crime Control Programs:

 

 

 

5,950

Intell. State and Local Training

--

10,654

10,000

11,000

Hate Crimes Training

989

1,000

1,000

 

Missing Alzheimer's Patients

883

--

883

 

Senior Citizens vs. Marketing Scams

1,979

--

1,979

2,000

Miscellaneous

51,942

--

--

 

 

 

 

 

 

Rescission

--

(53,471)

--

 

Total, State and Local Assistance

1,335,971

--

1,255,037

1,117,919

 

 

 

 

 

Weed & Seed Program Fund

57,926

 

51,169

62,000

 

 

 

 

 

Community Oriented Policing Services

* Within the Presidential Request and the House – passed version of the bill, many of the COPS programs are funded outside of the COPS Heading

 

 

 

 

Methamphetamine Hot Spots

-*-

20,000

60,000

-*-

Law Enforcement Technologies

-*-

-0-

180,000

-*-

DNA Initiative

-*-

177,000

175,000

-*-

Southwest Border Prosecutors

-*-

48,000

40,000

-*-

Project Safe Neighborhoods

-*-

49,000

80,000

-*-

COPS Enhancement Grants

-*-

-*-

113,000

-*-

 

 

 

 

 

COPS Enhancement Grants

-0-

--

--

-0-

Hiring

118,737

-0-

--

200,000

Training & Technical Assistance

-0-

17,600

--

-0-

Bullet Proof Vests

24,737

-*-

--

25,000

Tribal Law Enforcement

24,737

-*-

--

20,000

Meth Hot Spots

53,482

-*-

--

55,000

Police Corps

14,842

--

--

15,000

COPS Technology

156,740

--

--

110,969

Interoperable Communications

84,106

--

--

100,000

Criminal Records Upgrade

29,684

--

--

-0-

DNA Backlog/Crime Lab

98,948

-*-

--

100,000

Paul Coverdell Forensics Science

9,894

-0-

--

20,000

Crime Identification Technology

23,971

-0-

--

35,000

Gun Violence Reduction

29,684

--

--

15,000

Southwest Border Prosecutors

-0-

-*-

--

-0-

Offender Reentry

4,948

-*-

--

5,000

Safe Schools Initiative

4,552

-0-

--

5,000

Police Integrity Grants

9,894

10,000

--

15,000

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Note that brackets ($$$) indicate that the funding is an earmark under a larger program

Juvenile Justice Budget

On Wednesday, September 15, the Senate Committee on Appropriations rejected the Administration's proposed 40% cut in funding for juvenile justice. The overall funding level for juvenile justice is essentially the same in FY 2005 as it was for FY2004. This means that the Senate Appropriations Committee has joined the House in refusing to agree with the Administration's proposal that would have devastated federal support for juvenile justice and delinquency prevention efforts.

There are some differences in individual program levels which are listed below.

Continued advocacy efforts will focus largely on lobbying efforts to get the final JABG level back up to $60 million, as it is in the House markup. We will also work to reduce the earmarks in Title V in the Senate version to the House level.

Department of Justice

FY 2004

PROPOSED FY 2005

PROPOSED FY 2005

 

PROPOSED FY 2005

 

State & Local Law Enforcement
Assistance Budget

[In thousands of dollars]

Omnibus Approp.
H.R. 2673
H. Rept.
108-401

 

Presidential Request

 

 

H.R. 4754
H.Rept.
108-576

 

S.Rept.
108-344

Formula Grants (Part B)

84,000

90,000

84,000

85,000

Discretionary Grants (Part C)

-0-

39,000

-0-

5,000

Research, Evaluation, TA & Training (Part D)

2,500

7,000

-0-

10,000

Developing New Initiatives (Part E)

79,000

6,600

70,000

80,000

Juvenile Mentoring Program (JUMP) (Part G)

-0-

-0-

-0-

15,000

At Risk Children Program (Title V)

80,000

37,335

80,000

87,000

Tribal Youth

(9,895)

(12,500)

(10,000)

(10,000)

Big Brother/Big Sister

--

--

--

(7,000)

Enforcing Underage Drinking Laws

(24,737)

-0-

(25,000)

(25,000)

Gang Prevention

(19,800)

-0-

(20,000)

(25,000)

Project Sentry

14,842

19,131

10,650

15,000

Secure Our Schools Act

9,895

-0-

20,000

10,000

Project Childsafe

5,000

33,750

10,000

5,000

Victims of Child Abuse Act

12,865

11,231

14,000

15,000

Juvenile Accountability Block Grant Program

60,000

-0-

60,000

30,000

 

 

 

 

 

Note that brackets ($$$) indicate that the funding is an earmark under a larger program

DEPARTMENTS OF LABOR, HEALTH AND HUMAN SERVICES, AND EDUCATION, AND RELATED AGENCIES APPROPRIATION BILL , 2005

Senate Report 108-345 - To accompany S. 2810

Responsible Reintegration of Youthful Offenders .

The Committee recommendation includes $50,000,000, the same as the budget request, to continue funding for the current Reintegration of Youthful Offenders Program. The Reintegration of Youthful Offenders Program targets critical funding to help prepare and assist young offenders to return to their communities. The program also provides support, opportunities, education and training to youth who are court-involved and on probation, in aftercare, on parole, or who would benefit from alternatives to incarceration or diversion from formal judicial proceedings. The recommendation also includes the $40,000,000 budget request for the prisoner re-entry initiative, to extend assistance to a broader population of ex-offenders.

Mentoring Children of Prisoners

     The Committee recommends $50,000,000 for fiscal year 2005 for mentoring children of prisoners. The comparable funding level for fiscal year 2004 is $49,701,000 and the budget request includes $50,000,000 for this program.

     The mentoring children of prisoners program was authorized in 2001 under section 439 of the Social Security Act. The purpose of this program is to help children while their parents are imprisoned and includes activities that keep children connected to a parent in prison in order to increase the chances that the family will come together successfully when the parent is released. As a group, children of prisoners are less likely than their peers to succeed in school and more likely to become engaged in delinquent behavior.

House Report 108-636 - To accompany H.R. 5006

Responsible Reintegration of Youthful Offenders :

The Committee does not include funding for the Responsible Reintegration of Youthful Offenders program. The fiscal year 2004 level was $49,705,000 and the budget request is $50,000,000.

The Committee has not included separate funding for new programs requested by the Administration. The Administration requested $50,000,000 for Personal Reemployment Accounts and $40,000,000 for the Prisoner Re - entry Initiative . The Committee has deferred action on these two new programs until after the passage of authorizing legislation. In addition, the Administration requested $250,000,000 for the Community College Initiative. The Committee has provided up to $50,000,000 of National Reserve funds for this purpose.

ACTION: Contact your Representatives in Congress urging them to adopt the provisions of the SENATE Departments of Labor, Health and Human Services, and Education and Related Agencies Appropriations bill as it relates to the Responsible Reintegration of Youthful Offenders and Mentoring Children of Prisoners.

DEPARTMENTS OF VETERANS AFFAIRS AND HOUSING AND URBAN DEVELOPMENT, AND INDEPENDENT AGENCIES APPROPRIATIONS BILL , 2005

House Report 108-674 - To accompany H.R. 5041  

HOMELESS ASSISTANCE GRANTS -

   The homeless assistance grants account provides funding for the following homeless programs under title IV of the McKinney Act: (1) the emergency shelter grants program; (2) the supportive housing program; (3) the section 8 moderate rehabilitation (single room occupancy) program; and (4) the shelter plus care program. This account also supports activities eligible under the innovative homeless initiatives demonstration program.

Within this account, funding is not provided for a new Prisoner Reentry initiative, which was proposed at $25 million in the budget request.

ACTION: Contact your Representatives in Congress urging them to support the PRESIDENT'S REQUEST for funding for a new Prisoner Reentry Initiative that would provide housing for individuals released from prison.

 


MENTALLY ILL OFFENDER TREATMENT AND CRIME REDUCTION ACT OF 2004
(House Report 108-732)

S 1194 was reported out of the US House of Representatives on Oct. 5, 2004. The measure will go back to the Senate for final adoption, then (assuming the Senate agrees to the House changes) will be sent to the president. Details on the bill can be obtained at http://thomas.loc.gov (then enter the bill or report number).

The bill is designed to promote public safety and community health by facilitating collaboration among the criminal justice, juvenile justice, mental health treatment, and substance abuse systems in diverting individuals with mental illness from the criminal and juvenile justice systems and in treating such individuals within those systems.

ALERT – The bill authorizes $50 million for the current fiscal year 2005, and such sums as shall be necessary for fiscal years 2006 through 2009. All authorized amounts are subject to appropriations of the authorized amounts, and the costs for this fiscal year and the five following fiscal years will be the amounts that Congress appropriates pursuant to these authorizations.

The FY2005 appropriations bills that have begun moving through Congress do NOT currently contain funding for the provisions of this legislation. ACA encourages you to contact your representatives in Congress, particularly those on the Appropriations Committees and request that this program is fully funded for FY 2005.

Federal Offender Reentry

House Judiciary Committee — Subcommittee on Crime, Terrorism and Homeland Security Chairman Howard Coble held an oversight hearing on Federal Offender Reentry and Protecting Children from Criminal Recidivists, on October 7, 2004. Witnesses testifying at the hearing were <http://www.house.gov/judiciary/crime100704.htm Honorable Rob Portman> (R-OH), Honorable Katherine Harris (R-FL), Ashbel T. Wall, II (Director, Rhode Island Department of Corrections), and Makika Saar (Executive Director, Rebecca Project for Human Rights).

While Chairman Coble indicated that legislation on reentry is not likely to be moved through the House this session, he emphasized the importance of the issue and called for those working on the issue to work together to pass comprehensive legislation early in the coming Congress. Statements of the witnesses and a webcast of the hearing is available at: http://www.house.gov/judiciary/crime.htm.


Printable Version
 


 
 

American Correctional Association   206 N. Washington Street - Alexandria, VA 22314   Phone: (703) 224-0000 - Fax: (703) 224-0179

Terms and Conditions - Privacy Policy

                   Follow ACAinfo on Twitter