THE CRIME CONTROL &
LAW ENFORCEMENT ACT OF 1994 —
WHAT'S IN IT FOR MUNICIPALITIES?*

By BRIAN D. SCHWARTZ, Legislative Associate, Illinois Municipal League

In early September, President Clinton signed into law the most comprehensive crime initiative to ever be passed by Congress. Included in this legislation are substantive crime fighting measures as well as $30.2 billion in grants and other aid to states and units of local government. Most substantive provisions of this law are now in effect, while funding becomes available starting October 1, 1994.

The good news for municipalities is that this legislation will provide the largest infusion of federal money into local governments since the Carter urban policy. Attorney General Janet Reno estimates that under the new policy, 20 percent of the entire federal budget will go to state and local government in Fiscal Year 1995. This represents an increase of 14 percent over the current fiscal year. In fact, by the year 2000, this legislation will increase the local share of the federal budget to roughly 40 percent.

The bad news is that money has only been allocated for the next fiscal year, and all programs are only authorized through Fiscal Year 2000. This means that local governments could end up footing the total bill if these programs are not reauthorized after their 6 year life span. However, speculation as to funding in Fiscal Year 2001 and beyond is premature and units of local government should be encouraged by the federal government's current commitment.

The remainder of this article will summarize the major substantive and appropriation provisions of the crime bill, paying particular attention to those funding sources that will aid municipalities.

Substantive Provisions of the Crime Bill:

The following paragraphs list the most encompassing substantive provisions of the crime bill, as reported by U.S. Mayor.

• The Death Penalty: The death penalty is extended to 60 federal crimes, among, them fatal drive-by shootings, carjackings, hostage takings or kidnappings. It also can be used as punishment for civil rights murders, murder of federal, state and local law enforcement officials, rape and child molestation murders, sexual abuse resulting in death, gun murders during federal crimes of violence and drug trafficking crimes, and homicides and attempted homicides involving firearms in federal facilities. The statute also establishes procedures for implementing a sentence of death.

• Mandatory Life Imprisonment for Persons Convicted of Certain Felonies: Persons convicted of a serious violent felony shall be sentenced to life imprisonment if that person has been convicted on separate prior occasions of two or more serious violent felonies or one or more serious violent felony and one or more serious drug offense. The statute specifically defines what constitutes a serious violent felony.

• Limitation on Applicability of Mandatory Minimum Penalties in Certain Cases: The bill provides for the early release of those prisoners serving time for a conviction of simple possession of a controlled substance, and who the U.S. Attorney certifies and the court determines meet a variety of criteria, including that the defendant would otherwise suffer a miscarriage of justice.

• Sexual Predators and Evidence: Sexual predators (violent sexual offenders released from prison who suffer from mental abnormalities that make them likely to repeat the offense) must register quarterly for the rest of their life with law enforcement agencies. Law enforcement may notify the community in which the offender resides when that offender is released to the community.

Evidence of prior sex offenses by a defendant may be admitted in federal criminal trials of sex offenders. These new rules take effect ten months after the bill's enactment, unless Congress enacts legislation otherwise.

HIV testing is required of defendants in rape trials, if requested by the victim. The results would be disclosed only to the victim, the defendant and others deemed appropriate by the court. Those to whom the victim may reveal the results are specified as well.

Imprisonment for repeat offenders in cases involving aggravated sexual abuse, sexual abuse or abusive sexual contact can be increased up to twice that authorized.

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• Violence Against Women: Gender-based crimes of violence are established as a violation of the victim's civil rights. The offender is liable to the injured party for compensatory and punitive damages, instinctive and declaratory relief and other relief deemed appropriate by the court.

Federal penalties are established for interstate stalking and spouse abuse.

• Crimes Involving Juveniles: Federal prosecutions of minor children 13 and older as adults is allowed for specific violent crimes, or if the juvenile possessed a firearm during the offense. The statute specifies procedures for such prosecutions.

• Increased Penalties for Drug-Related Crimes: Penalties for employing children to distribute drugs near schools and play grounds are increased. They are also increased for drug trafficking in prisons, drug-dealing in drug-free zones, illegal drug use in federal prisons and for smuggling drugs into federal prisons. Penalties are also increased for street gang activities.

• Increased Penalties for Firearm-Related Crimes: Penalties are increased for use of a semiautomatic firearm during a crime of violence or a drug trafficking crime, a second offense of using an explosive to commit a felony, knowingly making a false, material statement in connection with the acquisition of a firearm from a licensed dealer, firearms possession by violent felons, and serious drug offenders and for interstate gun trafficking.

• Increased Penalties for Other Federal Crimes: Penalties are increased for a variety of federal crimes, including assault, manslaughter, civil rights violations, trafficking in counterfeit goods and services, conspiracy to commit murder for hire, arson, and drug trafficking near public housing.

• Expedited Deportation of Criminal Aliens: Deportations of aliens convicted of committing aggravated felonies and of those denied asylum would be expedited.

• Assault Weapons Ban: Bans the manufacture of 19 military-style assault weapons with specific features like ammunition magazines with more than 10 rounds.

Grants Available to Units of Local Government:

Grants are available to local governments under a variety of programs, which are, unless otherwise indicated, administered by the Federal Justice Department. Listed below are all grant programs which have funds appropriated for local governments in Fiscal Year 1995. Also included are some of the larger grant programs that will make money available to local units of government between FY 1996 and FY 2000.

Note, that as of this date, the criteria for applying for and receiving grants has yet to be established, with the exception of grants available under the Public Safety and Community Policing program. As more information on how to apply for grants becomes accessible, The Municipal Review will make that information available.

Crime Bill Grant Programs Available To Local Governments In FY 95, With Appropriations

• Public Safety & Community Policing Grants: This is the largest of the grant programs, and is designed to put 100,000 more police officers on the street in community-oriented policing programs. Funds are available to all state and local governments on a semi-competitive basis, with at least .5 percent of funds going to each state or

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local entities within the state. This program has $1.3 billion appropriated for FY 1995, with an additional $7.5 billion authorized for FY 1996 through FY 2000. Illinois communities should expect to receive roughly $366 million in grants over the next six years. States and local governments are required to match those funds applied for, though the Attorney General has the authority to waive this matching requirement.

As of the date this article was published, this is the only program that has a tentative application process and disbursement schedule. The Department of Justice hopes to have application guidelines established by the end of October, 1994, and begin taking applications in December. Awards will start being announced and funds disbursed in January of 1995.

• Brady Bill - Criminal Records Upgrade: This program is designed to aid states and local governments in upgrading their criminal record keeping systems. $100 million has been authorized in FY 1995, and grants are to be awarded through the Department of Justice in accordance to a competitive application formula.

• Byrne Program: Under this program states will be awarded grants, on a competitive basis, to assist in a variety of law enforcement purposes. States must pass a portion of these funds on to local governments through a distribution formula. $580 million has been authorized for FY 1995.

• Violent Repeat Offender Incarceration: This program is designed to support the construction, expansion, and modification of correctional facilities, including military style boot camps. Grants are to be awarded to states, with state disbursements to units of local government. $175 million has been authorized for FY 1995. One-half of the funds will be awarded to all eligible states on a part formula, part competitive basis. The other one-half will be awarded in accordance to a similar formula to those states that have adopted the federal "truth in sentencing" guidelines. These guidelines require second time violent criminals to serve at least 85 percent of their sentence.

• Alien Incarceration: This pogram is set up to compensate states and local governments for incarcerating undocumented criminal aliens. $130 million has been appropriated for FY 1995, and will be disbursed according to a formula established by the Justice Department.

• Ounce of Prevention Council Grants: These grants are to be approved and disbursed through a council headed by the Attorney General. Funds are to be used for programs such as: summer and after-school education and recreation; employment and job training; substance abuse and drug education; and child abuse and adolescent pregnancy prevention. $1.5 million has been appropriated for FY 1995, though these grants may only be used to fund 75% of the above programs. Grants are to be available on a competitive basis.

• Gang Resistance Education & Training Grants: This program grants funds to states and local governments with the hope of establishing 50 additional Gang Resistance Education & Training (GREAT) projects across the country. Appropriations for FY 1995 are $9 million, and the program is to be administered by the Department of the Treasury. Grants are available on a competitive basis.

• Grants to Combat Violence Against Women: Under this program funds are available to local governments, via states, and are to be used to develop and strengthen programs to combat crimes against women. $26 million has been appropriated for FY 1995, though the federal share of the above programs may not exceed 75 percent. Grants are to be based on both formula and competitive criteria.

• Drug Courts: This program is intended to provide continuing judicial supervision of non-violent offenders. In FY 1995, $29 million has been appropriated; however, federal funds may not pay for more than 75 percent of total program costs. Grants are to be distributed on a competitive basis.

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City Governments Can Apply Directly To The Federal Government For The Following Crime Bill Grant Programs: Community Policing Grants Community-Based Justice Grants for Prosecutions Drug Trafficking in Rural Areas Federal Assistance to Ease the Increased Burdens on State Court Systems Resulting from Enactment of this Act Local Partnership Act Local Crime Prevention Block Grant Model Intensive Grant Program Ounce of Prevention Council Assistance for Delinquent and At-Risk Youth Urban Recreation and At-Risk Youth Prevention, Diagnosis and Treatment of Tuberculoses in Correctional Institutions Gang Resistance Education and Training Grants for Capital Improvements to Prevent Crime in Public Transportation Rural Domestic Violence and Child Abuse Enforcement National Stalker and Domestic Violence Reduction Drug Courts Alien Incarceration

• Local Crime Prevention Block Grants: Grants are to be awarded solely to local governments, and can be used for a variety of law enforcement and crime prevention programs. The grants are available for FY 1996 through FY 2000, with funds of around $75.94 million authorized for each year. In order to receive grants, local governments must apply to the Department of Justice, detailing exactly how the money is to be used. Each state is allotted .25 percent of the total funding available, the rest will be disbursed according to a need based competitive formula.

• The Local Partnership Act: This program is administered through the Department of Housing and Urban Development. Funds are to be used for drug awareness education, substance abuse prevention, or job programs that prevent crime. The program has $270 million authorized for FY 1996, with roughly $1.6 billion authorized for FY 1997 through FY 2000. Illinois municipalities should receive around $65 million in the program's first year.

• Urban Recreation & At-Risk Youth: Administered through the Department of the Interior, this program makes grants available to improve and increase recreation facilities in high crime urban areas. No more than 25 percent of the $2.7 million authorized for FY 1996 may be used for program support.

• Rural Domestic Violence & Child Abuse Enforcement: This program provides grants to local governments: investigate and prosecute incidents of child abuse, provide treatment and counseling to victims of violence and child abuse, and develop prevention and education strategies to fight child abuse. $7 million has been authorized for this program in FY 1996.

City Governments Can Apply To States For Funding From The Following Crime Bill Grant Programs: Police Corps Law Enforcement Scholarship Assistance The Byrne Program Family Unity Demonstration Project Residential Substance Abuse Treatment for State Prisoners Violent Offender Incarceration and Truth in Sentencing Incentive Grants Certain Punishment for Young Offenders Grants to Combat Violent Crimes Against Women Grants for Capital Improvements to Prevent Crime in Public Parks Education and Prevention Grants to Reduce Sexual Assaults Against Women

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