[Congressional Bills 118th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2931 Introduced in House (IH)]
<DOC>
118th CONGRESS
1st Session
H. R. 2931
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
provide incentives for States to implement policy changes to reduce
prison populations, and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 27, 2023
Mr. Cardenas (for himself, Mr. Payne, Ms. Schakowsky, Mrs. Watson
Coleman, and Mr. McGovern) introduced the following bill; which was
referred to the Committee on the Judiciary
_______________________________________________________________________
A BILL
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to
provide incentives for States to implement policy changes to reduce
prison populations, and for other purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Smart Sentencing Adjustments Act''.
SEC. 2. GRANT PROGRAM.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Street Act of 1968 (34 U.S.C. 10101 et seq.) is amended by adding at
the end the following:
``PART PP--STATE PRISON POPULATION REDUCTION GRANT PROGRAM.
``SEC. 3061. DEFINITIONS.
``In this part:
``(1) Implementation grant.--The term `implementation
grant' means a grant awarded to a State for the purpose of
reducing the prison population of the State by not less than 20
percent, based on the average total prison population of the
State for the 3-year period preceding the date on which the
State applies for the implementation grant under section
3062(d).
``(2) Planning grant.--The term `planning grant' means a
grant awarded to a State for the purpose of--
``(A) analyzing criminal justice trends and factors
to better understand excessive and unnecessary prison
incarceration; and
``(B) exploring the feasibility of developing,
adopting, and implementing policy changes to ameliorate
criminal justice trends and factors causing excessive
and unnecessary prison incarceration.
``(3) Prison.--The term `prison' means a publicly or
privately operated institution of a State for the confinement
of an individual convicted of a criminal offense with a
sentence of not less than 1 year.
``(4) State.--The term `State' has the meaning given the
term in section 901.
``SEC. 3062. GRANT PROGRAM.
``(a) In General.--Not later than 1 year after the date of
enactment of the Smart Sentencing Adjustments Act, the Attorney General
shall award planning grants and implementation grants to States, on a
competitive basis, in accordance with this section.
``(b) Planning Grants.--
``(1) Applications.--A State seeking a planning grant under
this section shall submit to the Attorney General an
application at such time and in such manner as the Attorney
General may require, which shall include--
``(A) a description of the State's need for a
planning grant; and
``(B) a description of the activities the State
will carry out with the planning grant.
``(2) Use of funds.--A State that receives a planning grant
under this section shall use the grant solely for the purpose
of developing plans for the policy changes that would be
required to carry out subsection (c)(3).
``(3) Planning grant report.--Not later than 60 days after
the end of the period of the planning grant of a State, the
State shall submit to the Attorney General a report that
describes--
``(A) the projects to be undertaken by the State
using amounts made available under the planning grant;
and
``(B) any additional information determined
appropriate by the Attorney General.
``(c) Implementation Grants.--
``(1) Eligibility.--In order to be eligible to apply for an
implementation grant under paragraph (2), a State shall apply
for, receive, and fully execute a planning grant under
subsection (b).
``(2) Applications.--A State seeking an implementation
grant under this section shall submit to the Attorney General
an application at such time and in such manner as the Attorney
General may require, which shall include--
``(A) the total prison population of the State,
including racial, ethnic, gender, and socioeconomic
information of the population and information relating
to the income, education, and housing status of the
population;
``(B) the rate of prison population growth of the
State in relative and absolute estimates during the 25
year-period preceding the date of the application; and
``(C) a comprehensive and coherent plan detailing
the proposals of the State to use amounts from the
implementation grant that--
``(i) is based upon the activities the
State performed with a planning grant received
under this section; and
``(ii) describes the policy changes planned
to carry out paragraph (3) to achieve the
purpose of the implementation grant.
``(3) Use of funds.--A State that receives an
implementation grant under this section shall use amounts from
the grant to--
``(A) reduce the prison population of the State
by--
``(i) establishing or supporting programs
that divert individuals from incarceration;
``(ii) eliminating policies, with a
retroactive effect, that drive excessive and
unnecessarily lengthy terms of imprisonment,
including by--
``(I) repealing mandatory minimum
penalties for certain offenses;
``(II) repealing sentencing
enhancements for certain offenses; and
``(III) downgrading certain
criminal offenses, such as reducing
felony offenses to misdemeanor
offenses;
``(iii) implementing policies, with a
retroactive effect, that help promote
proportionality and fairness in sentencing,
including by--
``(I) capping sentences; and
``(II) reviewing and modifying
sentences automatically after 15 years;
``(iv) implementing policies, with a
retroactive effect, that increase opportunities
for early release, including by--
``(I) expanding opportunities and
incentives for incarcerated individuals
to earn time off of their custodial
sentence;
``(II) repealing policies that
restrict or reduce parole eligibility,
such as truth in sentencing laws; and
``(III) eliminating policies that
delay initial parole eligibility beyond
10 years;
``(v) reducing or eliminating the use of
incarceration as a sanction for non-criminal
rule violations of community supervision, such
as technical parole and probation violations,
including missing drug treatment classes;
``(vi) improving the executive functions of
the State that can promote early release by--
``(I) establishing or expanding the
use of mechanisms providing for the
early release of incarcerated
individuals based on specific criteria,
such as advanced age and terminal
illness, by--
``(aa) convening or
staffing boards of experts to
advise officials of the State
with the authority to
promulgate sentencing policy on
the exercise of the State's
compassionate, medical, and
geriatric release power;
``(bb) broadening
eligibility criteria for
release;
``(cc) streamlining and
clarifying application for
release review protocols; and
``(dd) increasing the
number of compassionate,
medical, and geriatric
releases; and
``(II) improving clemency
processes, including by--
``(aa) convening or
staffing boards of experts to
advise officials of the State
with the authority to
promulgate sentencing policy on
the exercise of the State's
clemency power;
``(bb) broadening
eligibility for clemency;
``(cc) streamlining and
clarifying clemency application
review protocols; and
``(dd) increasing the
number of clemency grants;
``(vii) improving prosecutorial functions
to correct extreme, disproportionate, unjust,
or wrongful criminal convictions and custodial
sentences by--
``(I) establishing or expanding
conviction integrity units or
conviction review units within
prosecutorial offices that work to
prevent, identify, and remedy false
convictions; or
``(II) establishing or expanding
sentencing review units within
prosecutorial offices to address
overcrowding, racial inequities, and
lengthy prison sentences that are
considered extreme or disproportionate;
and
``(viii) improving the quality of indigent
defense; or
``(B) reduce the recurrence of recidivism after a
term of incarceration and reduce the collateral
consequences experienced by individuals with criminal
records by--
``(i) expanding programming for
incarcerated populations within prisons that
enables those populations to successfully
transition back into society;
``(ii) improving access for expungement and
record sealing processes;
``(iii) adopting laws prohibiting employers
from asking applicants about their criminal
history on applications for employment or prior
to tendering an employment offer;
``(iv) eliminating fees imposed on a
defendant by--
``(I) discharging any fine or fee
debt for individuals who are
incarcerated or exiting prison; or
``(II) developing policies and
programs to assess fines and fees based
on an individual's ability to pay;
``(v) establishing or supporting wrap-
around or community-based services for
individuals reentering their communities after
incarceration, including services relating to
housing, disability, employment, education,
healthcare, behavior and mental health,
substance abuse, and childcare; or
``(vi) supporting community-based crime
prevention programs that work directly with
formerly incarcerated individuals or in
communities that have a higher prevalence of
individuals with criminal records, such as--
``(I) programs involving violence
prevention;
``(II) housing and supportive
housing;
``(III) jobs and job placement;
``(IV) substance abuse or mental
health treatment; and
``(V) other wrap-around support
services aiming to build pathways to
life stabilizing opportunities.
``(4) Implementation grant report.--Not later than 1 year
after the date on which a State receives an implementation
grant under this section, and annually thereafter, the State
shall submit to the Attorney General a report, at such time, in
such manner, and containing such information as the Attorney
General may require, that--
``(A) identifies the programs and policies funded
with the grant;
``(B) assesses racial, ethnic, gender, age, and
socioeconomic impacts of the programs and policies
funded with the grant with independent researchers or a
consortium of independent researchers, such as research
or academic institutions; and
``(C) includes an evaluation of increases or
decreases in a State's prison population by assessing
changes in--
``(i) pretrial detention;
``(ii) sentencing;
``(iii) incarceration;
``(iv) probation;
``(v) parole;
``(vi) clemency; and
``(vii) compassionate, medical, or
geriatric release.
``(5) Subgrants.--
``(A) In general.--A State receiving an
implementation grant under this section shall use not
less than 20 percent of the amount of the grant to
award subgrants to nonprofit organizations that meet
the criteria described in subparagraph (B), which shall
assist in the implementation of the policy changes
described in subsection (c)(2).
``(B) Criteria.--In selecting nonprofit
organizations to receive subgrants under paragraph (1),
a State shall give priority to nonprofit organizations
that--
``(i) have a demonstrated track record of
providing services to reintegrate individuals
released from prison into society with a goal
of reducing the recurrence of recidivism;
``(ii) are based in geographic areas with a
higher prevalence of individuals with criminal
records;
``(iii) are led by or employ individuals
who have been incarcerated or have family
members who are or have been incarcerated; or
``(iv) primarily serve individuals who--
``(I) have been arrested or
convicted of a criminal offense; or
``(II) have spent time in jail,
prison, or on probation or parole.
``(6) Renewal.--A State that receives an implementation
grant under this section may apply for an additional
implementation grant at the end of the term of the
implementation grant if the State has reduced the prison
population of the State by not less than 20 percent, based on
the average total prison population of the State during the 3-
year period preceding the date of the application for the
implementation grant under paragraph (2).
``(d) Terms and Conditions.--
``(1) Duration.--
``(A) Planning grant.--A planning grant under this
section shall be awarded for a period of 2 fiscal
years.
``(B) Implementation grant.--An implementation
grant under this section shall be awarded for a period
of 3 fiscal years.
``(2) Amount.--
``(A) Planning grant.--The amount of each planning
grant awarded under this section shall not exceed
$700,000 for the duration of the grant.
``(B) Implementation grant.--The amount of each
implementation grant awarded under this section shall
not exceed $70,000,000 for the duration of the grant.
``(3) Number of grant awards.--
``(A) Planning grants.--The Attorney General may
award planning grants under this section to not more
than 25 States during each fiscal year.
``(B) Implementation grants.--The Attorney General
may award implementation grants under this section to
no more than 25 States during each fiscal year.
``(4) Prohibitions.--
``(A) Inmate transfers.--During any grant term
under this Act, a State may not transfer an individual
convicted of a criminal offense with a sentence of not
less than 1 year from a prison of the State to any
penitentiary, jail, or other institution or facility
for the confinement of individuals convicted of
criminal offenses with sentences of less than 1 year
for the purpose of carrying out subsection (c)(3).
``(B) Policies.--During the term of any grant
awarded under this section, a State that receives the
grant may not establish or amend any--
``(i) sentence enhancement or law that
would increase the punishment of an individual
previously convicted of a criminal offense;
``(ii) habitual offender law or law that
imposes longer sentences on individuals who
have been convicted of a certain number of
criminal offenses;
``(iii) truth in sentencing law or law that
aims to reduce the difference between sentences
imposed and the actual time that individuals
serve in prison;
``(iv) mandatory minimum sentencing law or
law that requires judges to sentence offenders
to a specified minimum prison term for specific
offenses to increase the minimum prison
sentence; or
``(v) policies that would result in
increased incarceration.
``(C) Prohibitions.--A State receiving any grant
under this part may not use amounts from the grant to--
``(i) build or maintain any prison, jail,
or other facility designed for the confinement
of individuals convicted of criminal offenses;
``(ii) enter into a contract with a for-
profit company to build or manage prisons,
jails, or other correctional facilities;
``(iii) hire, train, or maintain sworn law
enforcement officers;
``(iv) purchase law enforcement equipment;
or
``(v) create or fund programs that would
increase incarceration.
``(5) Penalty.--If the Attorney General determines that a
State receiving a grant under this section violates a provision
of this part, the Attorney General shall--
``(A) require the State to repay 10 percent of the
amount of the grant; and
``(B) prohibit the State from receiving any other
grant under this part for not less than 3 years.
``(6) Maximums.--The Attorney General may award a State
under this section--
``(A) not more than 1 planning grant; and
``(B) not more than 2 consecutive implementation
grants.
``(e) Reservation.--The Attorney General shall reserve not more
than 5 percent of the amount appropriated to carry out this part for
administration, oversight, and technical assistance activities through
the Office of Justice Programs.''.
(b) Authorization of Appropriations.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C.
10261(a)) is amended by adding at the end the following:
``(29) There are authorized to be appropriated to carry out part PP
$2,000,000,000 for each of fiscal years 2024 through 2034.''.
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