Violent Crime Control and Law Enforcement Amendments Act of 1995

Violent Crime Control and Law Enforcement Amendments Act of 1995 - Repeals provisions of the Violent Crime Control and Law Enforcement Act of 1994 (VCCLEA) pertaining to: (1) the Ounce of Prevention Council; (2) local crime prevention block grants; (3) model intensive grants; (4) family and community endeavor schools grants; (5) assistance for delinquent and at-risk youth; (6) police recruitment; (7) the Local Partnership Act; (8) national community economic partnership; (9) urban recreation and at-risk youth; (10) community-based justice grants for prosecutors; (11) the family unity demonstration project; (12) residential substance abuse treatment for State prisoners; (13) gang resistance education and training; (14) drug courts; and (15) a presidential summit on violence and a national commission on crime prevention and control.

(Sec. 3) Revises provisions of the VCCLEA to authorize the Attorney General to make grants to individual States and States organized as multi-State compacts to construct, develop, expand, modify, operate, or improve conventional correctional facilities for the confinement of violent offenders, to ensure that prison cell space is available for violent offenders, and to implement truth in sentencing laws for violent offenders. Directs States, to be eligible to receive such grants, to submit an application to the Attorney General that includes assurances that: (1) the States have implemented, or will implement, correctional policies and programs (including truth in sentencing laws that ensure that violent offenders serve a substantial portion of the sentences imposed) that are designed to provide sufficiently severe punishment for violent offenders and that the prison time served is appropriately related to the determination that the inmate is a violent offender and for a period of time determined necessary to protect the public; (2) the States have implemented policies that provide for the recognition of victims' rights and needs; (3) funds received will be used to construct, develop, expand, modify, operate, or improve conventional correctional facilities; and (4) such funds will be used to supplement, not supplant, other Federal, State, and local funds.

Makes half of the funds for grants available for truth in sentencing incentive grants and half for violent offender incarceration grants. Requires a State, to be eligible for a truth in sentencing incentive grant, to demonstrate that it has in effect laws that require that persons convicted of violent crimes serve not less than 85 percent of the sentence imposed. Authorizes appropriations.

(Sec. 4) Repeals specified VCCLEA provisions regarding punishment for young offenders.

(Sec. 5) Amends the Federal criminal code to increase mandatory minimum sentences for using firearms during and in relation to a crime of violence or a drug trafficking crime.

(Sec. 6) Amends the Controlled Substances Act (CSA) to consider minors to be persons age 21 (currently, 18) and younger for purposes of mandatory minimum prison sentences for those who use minors in drug trafficking activities and for persons convicted of distribution of drugs to minors. Makes certain mandatory minimum sentencing provisions inapplicable to offenses involving five grams or less of marijuana.

(Sec. 8) Repeals specified VCCLEA provisions regarding penalties for drug-dealing in drug-free zones. Amends the CSA to increase penalties for distribution of controlled substances in or near schools. Makes mandatory minimum sentencing provisions with respect to such distribution inapplicable to offenses involving five grams or less of marijuana.

(Sec. 9) Amends the Federal criminal code to authorize the court, notwithstanding a mandatory minimum sentence requirement, to impose a sentence in accordance with the code, the sentencing guidelines, and any pertinent policy statement issued by the U.S. Sentencing Commission if specified conditions apply, such as that the offense did not result in death or serious bodily injury and the defendant was not an organizer, leader, manager, or supervisor of others in the offense, did not carry a firearm, and provided truthful information to the Government concerning the offense in a timely matter.

Authorizes the Sentencing Commission to make necessary amendments to harmonize its sentencing guidelines and policy statements with this Act and promulgate policy statements to assist the courts. Requires the Sentencing Commission to amend the sentencing guidelines if necessary to assign to specified offenses under the CSA and Controlled Substances Import and Export Act to which a mandatory minimum term of imprisonment applies, a guidelines level that will result in the imposition of a term of imprisonment at least equal to the mandatory term currently applicable, unless a downward adjustment is authorized under this section.

Repeals specified VCCLEA provisions regarding the applicability of mandatory minimum penalties in certain cases.

(Sec. 10) Provides for mandatory restitution to victims of violent crimes.

Permits a court to order restitution of a person harmed physically or pecuniarily by unlawful conduct of the defendant during a criminal episode or in the course of a scheme, conspiracy, or pattern of unlawful activity related to the offense.

Directs the court to order restitution to a victim in the full amount of the victim's losses without consideration of the economic circumstances of the offender or the fact that a victim has received or is entitled to receive compensation with respect to a loss from insurance or any other source.

Sets forth procedures regarding restitution orders, including provisions regarding: (1) the form of payments; (2) situations where there is more than one offender or more than one victim; (3) setoffs against amounts later recovered as compensatory damages by the victim; (4) a restitution order constituting a lien against the offender's property; (5) compliance with payment schedules and other terms of a restitution order being a condition of probation, parole, or any other form of release; (6) enforcement of restitution orders by the United States and by a victim named in the order; and (7) modification of restitution orders.

Allows the court to order the probation service of the court to obtain information pertaining to the amount of loss sustained by any victim, the financial resources of the defendant, and the financial needs and earning ability of the defendant and the defendant's dependents. Directs such service to include information collected in the report of presentence investigation or in a separate report, as the court directs.

Authorizes the court to refer any issue arising in connection with a proposed restitution order to a magistrate or special master for proposed findings of fact and recommendations as to disposition, subject to a de novo determination of the issue by the court.