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United States · Bill · HR

H.R. 667 (104th)

Violent Criminal Incarceration Act of 1995

openUnited States· United States Congress· EN

Introduced

25 January 1995

Last action

—

Status

Committee on Judiciary. Hearings held.

Sponsors

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Subjects

Discovery layer

Source updated

10 August 2026

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Summary

TABLE OF CONTENTS: Title I: Truth in Sentencing Title II: Stopping Abusive Prisoner Lawsuits Title III: Stop Turning Out Prisoners Violent Criminal Incarceration Act of 1995 - Title I: Truth in Sentencing - Revises the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) to authorize the Attorney General to provide grants to eligible States and to eligible States organized as a regional compact (eligible States) to build, expand, and operate: (1) space in correctional facilities in order to increase the prison bed capacity in such facilities for the confinement of persons convicted of a serious violent felony; and (2) temporary to permanent correctional facilities, including facilities on military bases, for the confinement of convicted nonviolent offenders and criminal aliens for the purpose of freeing suitable existing prison space for the confinement of persons convicted of a serious violent felony. Limits eligible States to receiving either a general grant or a truth-in- sentencing incentive grant. Requires a State, to be eligible to receive general grant funds, to submit an application to the Attorney General that provides assurances (general grant requirements) that such State since 1993 has increased: (1) the percentage of convicted violent offenders sentenced to prison; (2) the average prison time actually to be served in prison by such offenders; and (3) the percentage of sentence to be actually served in prison by violent offenders sentenced to prison. Requires a State, to be eligible to receive truth-in-sentencing incentive grants, to submit an application to the Attorney General that provides assurances that the State has enacted laws and regulations which include: (1) truth-in-sentencing laws which either currently require or within three years will require that persons convicted of a serious violent felony serve not less than 85 percent of the sentence imposed or 85 percent of the court-ordered maximum sentence for States that practice indeterminate sentencing; and (2) laws requiring that the sentencing or releasing authorities notify and allow the victims of the defendant or the family of such victims the opportunity to be heard regarding the issue of sentencing and any postconviction release. Makes a State eligible for grants under this Act notwithstanding the general grant requirements if the State practices indeterminant sentencing and the average times served in such State for murder, rape, robbery, and assault exceed, by ten percent or greater, the national average of times served for such offenses. Specifies that such requirements shall apply except that a State may provide that the Governor of the State may allow for the release of a prisoner over age 70 after a public hearing in which representatives of the public and the prisoner's victims have an opportunity to be heard regarding a proposed release. Sets forth provisions regarding: (1) the formula for determining the amount of funds that each State may receive; (2) accounting, audit, and reporting requirements; and (3) limitations on funds. Authorizes appropriations. Title II: Stopping Abusive Prisoner Lawsuits - Amends the Civil Rights of Institutionalized Persons Act to prohibit any civil action for deprivation of rights from being brought by an adult convicted of a crime confined in any correctional facility until available plain, speedy, and effective administrative remedies are exhausted. (Sec. 202) Requires the court to dismiss any such action if satisfied that the action fails to state a claim upon which relief can be granted or is frivolous or malicious. (Sec. 203) Repeals a provision requiring that the minimum standards provide for an advisory role for employees and inmates in the formulation, implementation, and operation of the system. (Sec. 204) Amends the Federal judicial code to authorize the court to request an attorney to represent a person financially unable to employ counsel (current law) at any time. Requires (current law authorizes) the court to dismiss the case if the allegation of poverty is untrue, or if satisfied that the action is frivolous or malicious. Requires: (1) a prisoner in a correctional institution who files an affidavit of indigence to include a statement of all assets such prisoner possesses; and (2) the court to make inquiry of the institution for information relating to the extent of the prisoner's assets and to require full or partial payment of filing fees according to the prisoner's ability to pay. Title III: Stop Turning Out Prisoners - Revises provisions of the VCCLEA regarding judicial remedies with respect to prison conditions. Specifies that prospective relief in a civil action with respect to prison conditions shall extend no further than necessary to remove the conditions that are causing the deprivation of the Federal rights of individual plaintiffs in that action. Prohibits the court from granting or approving any prospective relief unless it finds that the relief is narrowly drawn and the least intrusive means to remedy the violation of the Federal right. Directs the court, in determining the intrusiveness of the relief, to give substantial weight to any adverse impact on public safety or the operation of a criminal justice system caused by the relief. Prohibits the court, in any such action, from granting or approving any relief the purpose or effect of which is to reduce or limit the prison population unless the plaintiff proves that crowding is the primary cause of the deprivation of the Federal right and no other relief will remedy that deprivation. Sets forth provisions regarding: (1) termination of relief (including provision for the automatic termination of prospective relief after a two-year period); (2) procedure for motions affecting prospective relief; (3) standing (grants standing to specified Federal, State, or local officials to oppose the imposition or continuation in effect of relief the purpose or effect of which is to reduce or limit the prison population and to intervene in any proceeding relating to that relief); (4) special masters; and (5) attorney's fees.

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10 official files

Referred in Senate (text)

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