Justice Assistance Act of 1982

(Measure passed Senate, amended, in lieu of S. 2411)

Justice Assistance Act of 1982 - Title I: Amends title I of the Omnibus Crime Control and Safe Streets Act of 1968 (Justice System Improvement) to eliminate the Law Enforcement Assistance Administration, including the Office of Community Anti-Crime Programs and the Office of Justice Assistance, Research, and Statistics. Retains the Bureau of Justice Statistics and the National Institute of Justice. Establishes a new Office of Justice Assistance (OJA), to be headed by an Assistant Attorney General. Places the National Institute of Justice and the Bureau of Justice Statistics within the new Office of Justice Assistance.

Establishes a Justice Assistance Board to: (1) recommend to the Assistant Attorney General for the Office of Justice Assistance funding and program priorities; (2) review and evaluate the activities of the OJA and Federal policies and priorities in justice assistance; and (3) coordinate its activities with the other justice advisory bodies. Authorizes appropriations for the Board.

Replaces the formula grant program with "national priority implementation and replication programs," under which grants are authorized for programs which address critical problems of violent and serious crime and for programs which have been certified to be successful. Enumerates 15 criteria for the awarding of these grants. Limits the amount of grants that may be awarded annually within any State.

Limits the Federal share of the new priority grant programs to a period of four years and includes a cash match requirement.

Eliminates the current national priority grant program.

Retains the discretionary grant program. Limits the purposes of discretionary grants to: (1) educational and training programs for criminal justice personnel; (2) the provision of technical assistance; and (3) national demonstration programs which are likely to be successful but unlikely to be funded.

Retains the training and manpower development programs.

Authorizes a State to apply for emergency Federal law enforcement assistance in the event that a crime problem of serious and epidemic proportions exists.

Requires the Attorney General, in approving or disapproving such application, to consider: (1) the nature and extent of the crime problem; (2) the emergency or extraordinary circumstances; (3) the availability of State and local resources; (4) the need to avoid unnecessary Federal involvement in local concerns; and (5) alternative sources of assistance.

Authorizes appropriations for law enforcement assistance for each of FY 1983 through 1986.

Modifies the judicial districts in West Virginia.

Amends the Federal criminal code to add to current penalties for killing officers and employees of the United States penalties for: (1) attempting to kill; and (2) killing, or attempting to kill, any officer or employee of any department or agency within the Intelligence Community.

Establishes as new offenses the murder, manslaughter, assault, threat against, extortion, or kidnapping of: (1) persons given entry into the United States for permanent residence pursuant to the Central Intelligence Agency Act of 1949; and (2) persons present in the United States under intelligence auspices.

Marihuana Cultivation on Federal Lands Crime Act of 1982 - Makes it unlawful for any person to knowingly plant, grow, or cultivate marihuana on Federal land unless authorized by Federal law. Provides a sentence of not less than one year and not more than fifteen years, and a fine of not less than $10,000 and not more than $15,000,000 for a first offense. Provides additional penalties for subsequent offenses.

Title II: State Justice Institute - State Justice Institute Act of 1982 - Establishes the State Justice Institute as a private nonprofit corporation to further the development of improved judicial administration in State courts in the United States. Permits the Institute to be incorporated in any State or the District of Columbia.

Directs the Institute to: (1) direct a national assistance program to assure persons ready access to a fair and effective system of justice; (2) foster coordination and cooperation with the Federal judiciary; (3) make recommendations concerning the proper allocation of responsibility between the State and Federal court systems; (4) promote recognition of the importance of the separation of powers doctrine to an independent judiciary; and (5) encourage education for State court judges and support personnel.

Authorizes the Institute to award grants and enter into cooperative agreements or contracts to: (1) conduct research, demonstrations, or special projects relating to the purposes of this Act; (2) serve as a clearinghouse of information regarding State judicial systems; (3) participate in joint projects with other agencies, including the Federal Judicial Center; (4) evaluate the impact of programs carried out under this Act upon the quality of criminal, civil, and juvenile justice; (5) encourage judicial education; (6) serve in a consulting capacity to State and local justice systems; and (7) be responsible for the certification of national programs to improve State judicial systems.

Authorizes appropriations for FY 1982 through 1984 to carry out this Act.

Establishes the Presidential Commission on the Bicentennial of the United States Constitution. Requires the Commission to: (1) plan and develop appropriate activities to commemorate the bicentennial of the Constitution; (2) encourage private organizations, and State and local governments to organize and participate in bicentennial activities; (3) coordinate activities throughout all the States; and (4) serve as a clearinghouse for the collection and dissemination of bicentennial information. Directs the Commission to seek assistance from private and governmental agencies and organizations.

Requires the Commission to submit a report of its recommendations to the President, Congress and the Judicial Conference within two years of enactment of this Act and annually until its termination. Terminates the Commission on December 31, 1989.

Authorizes appropriations for FY 1983 and such sums as necessary through FY 1989.

Establishes penalties for any person who robs any pharmacy of any controlled substance.

Title III: Federal Anti-Tampering Act - Makes it a Federal offense to maliciously cause or attempt to cause injury or death to any person, or injury to any business's reputation, by adulterating a food, drug, device or cosmetic.

Establishes a separate offense of willfully or maliciously conveying false information concerning an attempt at such adulteration.

Title IV: Armed Career Criminal Act of 1982 - Establishes a mandatory sentence of 15 years to life for "armed career criminals."

Applies such penalties to any person with two prior convictions who commits or conspires or attempts to commit a robbery or burglary while he or any other participant in the offense is in possession of a firearm or imitation.

Allows the Federal government to bring prosecutions under this Act, if such action is consented to or requested by the local prosecuting authorities.

Title V: Contract Services for Drug Dependent Federal Offenders Act Amendments of 1981 - Amends the Contract Services for Drug Dependent Federal Offenders Act of 1978 to extend the authorization of appropriations for contracts with public or private agencies for the supervision of released drug offenders.

Violent Crime and Drug Enforcement Improvements Act of 1982 - Title VI: Bail Reform - Bail Reform Act of 1982 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures.

Retains execution of a money bond as a condition for pretrial release.

Authorizes a judicial officer to consider the safety of any person or the community when making a pretrial release determination.

Establishes as a mandatory release condition that the person not commit a Federal, State, or local crime during release. Expands the discretionary release conditions to include that the defendant: (1) maintain employment or an educational program; (2) avoid contact with an alleged victim or potential witness; (3) report to a law enforcement or pretrial service agency; (4) comply with a curfew; (5) refrain from possessing a firearm or using alcohol or narcotic drugs; (6) undergo medical treatment; (7) agree to forfeit designated property, including money, upon failure to appear; and (8) return to custody at specified hours.

Prohibits a judicial officer from imposing financial conditions that result in the pretrial detention of a person.

Authorizes a judicial officer to order the detention for up to ten days of a person who is presently on pretrial release for a felony under Federal, State, or local law or on probation or parole or release pending sentencing or appeal for any offense, upon a determination that such person may flee or pose a danger to any person or the community, or for deportation or exclusion purposes.

Requires that a detention hearing be held in any case involving: (1) a crime of violence; (2) any offense punishable by life imprisonment or death; (3) a narcotics offense punishable by at least ten years' imprisonment; (4) a serious risk of flight or obstruction of justice; (5) any felony committed after the person has been convicted of two or more offenses for which a hearing is mandated; or (6) upon motion of the government attorney or upon the judges own motion, a serious risk that the person will flee, obstruct justice, or intimidate or threaten a prospective juror or witness.

Authorizes a judicial officer after such a hearing to order the pretrial detention of a person upon finding that no condition will reasonably assure such person's appearance and the safety of any other person and the community. Creates certain rebuttable presumptions with regard to absence of such conditions.

Enumerates additional factors to be considered by the judicial officer in making a release determination, including the defendant's past conduct, history of drug or alcohol abuse, criminal history, and the nature and seriousness of the danger to the community or any person.

Requires the detention of a person who has appealed his conviction unless the judicial officer finds by clear and convincing evidence that: (1) such person is not likely to flee or pose a danger to another person or property; and (2) the appeal raises a substantial question of law or fact. Requires the detention of a person awaiting sentencing unless the officer finds by clear and convincing evidence that the person is not likely to flee or pose a danger to any other person or the community.

Authorizes a U.S. attorney or the defendant to appeal a release order.

Makes a person guilty of an offense for failing to appear after having been released. Provides increased penalties for persons charged with more serious offenses. Makes it an affirmative defense to such crime that uncontrollable circumstances prevented the person from appearing.

Establishes mandatory additional penalties for commission of an offense while on pretrial release.

Subjects a person who has been conditionally released and violates a condition of release to revocation of release and prosecution for contempt of court.

Authorizes a surety to arrest a person charged with an offense who is released upon execution of an appearance bond with such surety. Requires such person to be delivered promptly to a judicial officer for a revocation determination.

Grants new authority to law enforcement officers to arrest a person who violates pretrial release conditions.

Title VII: Witness-Victim Protection - Witness Victim Protection Act of 1982 - Amends rule 32 of the Federal Rules of Criminal Procedure to require that presentence reports contain information assessing the impact upon and cost to any person who was the victim of the offense. Amends the Federal criminal code to establish as offenses "tampering with a witness, victim, or an informant" and "retaliating against a witness or an informant." Provides for an additional penalty for an offense committed while on pretrial release.

Grants general authority to the Attorney General to relocate or protect government witnesses. Allows for reimbursement of expenses to the United States by a State or local government.

Authorizes the Attorney General to initiate civil proceedings to restrain intimidation of a witness or victim.

Allows a court to order a defendant to make appropriate restitution. Requires the court to state reasons for not ordering restitution.

Grants exclusive jurisdiction to the Federal courts over civil claims against the United States for damages caused by dangerous offenders who are released or escape from the lawful custody of a U.S. employee as a result of such employee's gross negligence.

Title VIII: Controlled Substance Penalties - Penalties Amendments Act of 1982 - Increases the fine levels for drug trafficking. Increases the penalties for trafficking in large amounts of controlled substances.

Amends the Federal Food, Drug, and Cosmetic Act to prohibit the manufacture and distribution of any imitation controlled substance.

National Narcotics Act of 1982 - Establishes in the executive branch the Office of the Coordinator of Narcotics Policy charged with: (1) developing and enforcing Government policy with regard to illegal drugs; (2) coordinating efforts to halt the importation and sale of illegal drugs in the United States; (3) approving funding allocations; (4) coordinating information; and (5) directing the temporary reassignment of Govenment personnel with regard to U.S. illegal drug policy.

Amends the Federal Aviation Act of 1958 to make it a Federal offense to use an aircraft to transport or distribute a controlled substance.

Title IX: Sentencing Reform - Sentencing Reform Act of 1982 - Sets forth a new sentencing structure applicable to a defendant who is found guilty of an offense under any Federal statute. Permits an individual to be sentenced to a term of imprisonment or probation and a fine, and to receive additional sanctions, including: (1) forfeiture for certain racketeering crimes and drug-related offenses; (2) an order of notice to victims of crimes in cases involving fraud or deceptive practices; or (3) an order of restitution in cases involving bodily injury or property damage. Permits an organization to receive these penalties, with the exception of imprisonment.

Creates the United States Sentencing Commission. Specifies factors to be considered by a sentencing court, including the guidelines and policy statements issued by the United States Sentencing Commission.

Requires the court to impose a sentence within the range set forth by the Commission unless aggravating or mitigating circumstances exist that were not adequately considered by the Commission in formulating the guidelines. Requires the court to state in open court at the time of sentencing the reason for imposing a sentence at a point within the prescribed range, or the specific reason for imposing a sentence outside of such range.

Authorizes the imposition of a term of probation, unless specifically prohibited, for all but the most serious class of felonies. Requires as a mandatory condition of probation that a defendant not commit another crime. Enumerates 20 discretionary conditions.

Sets forth a fine schedule for the categories of offenses generally at higher levels than current law. Includes higher maximums for organizational defendants. Directs the court to consider the defendant's financial status in determining the amount of a fine and the method of payment.

Sets maximum terms of imprisonment for five classes of felonies (A to F), three classes of misdemeanors (A to C), and an infraction (five day maximum). Allows the court, in imposing a sentence of imprisonment for a felony or misdemeanor, to include a term of supervised release after imprisonment.

Eliminates the special sentencing provisions under current law for dangerous special offenders, youth offenders, young adult offenders, and drug addicts, but provides for these categories of offenders under the proposed sentencing guidelines. Defines "career criminals" and provides maximum sentences for them.

Excludes capital punishment as an authorized penalty, but leaves unaffected the current death penalty and procedures for aircraft hijacking.

Eliminates the parole system. Permits a defendant to petition for a sentence reduction upon a showing of extraordinary and compelling reasons. Limits this motion for defendants who are sentenced to six or more years of imprisonment.

Allows the defendant or the government to file a notice of appeal in the district court for review of a final sentence.

Provides for congressional review of the operation of the sentencing system after receipt of a study by the General Accounting Office.

Title X: Criminal Forfeiture - Comprehensive Criminal Forfeiture Act of 1982 - Amends the Racketeer Influenced and Corrupt Organizations Act (RICO) to specify that property subject to forfeiture for racketeering activity includes: (1) all proceeds obtained directly or indirectly from racketeering activity; (2) real and tangible and intangible personal property; and (3) positions, offices, appointments, and benefits obtained through illegal activity.

Makes property forfeitable to the United States upon the commission of the act giving rise to forfeiture. Permits the forfeiture of property which has been transferred to a third party, but includes a provision protecting innocent bona fide purchasers.

Authorizes a court to order the forfeiture of substitute assets of the defendant where the original property cannot be located or traced.

Authorizes a court to take appropriate action preserving the availability of property during the pre-indictment period effective for up to 90 days. Specifies the circumstances under which a temporary restraining order may be issued without notice to the affected party.

Authorizes the Attorney General to grant petitions for remission or mitigation of forfeiture. Directs the Attorney General to establish regulations governing the restitution and disposition of forfeited property.

Amends the Comprehensive Drug Abuse Prevention and Control Act of 1970 to establish general criminal forfeiture provisions for felony violations under titles II and III. Includes provisions similar to the RICO amendments of this Act, relating to property subject to forfeiture, third party transfers, asset substitution, pre-indictment orders, and remission.

Authorizes a court to issue a warrant authorizing the seizure of property subject to forfeiture in the same manner provided for a search warrant, if other injunctive relief would not assure the availability of the property.

Provides that a criminal forfeiture proceeding shall stay any civil forfeiture proceeding with respect to the same property.

Establishes in the Treasury of the United States, the "Drug Assets Forfeiture Fund" and the "Customs Forfeiture Fund." Transfers the proceeds from the sale or other disposition of the forfeited property into these accounts. Grants law enforcement authority to customs agents.

Title XI: Surplus Federal Property Amendments - Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to transfer to any State or local government surplus property determined by the Attorney General to be required for correctional facility use.

Requires the Administrator to report annually to Congress on the acquisition cost of all donated personal property and real property disposed of during the preceding fiscal year.

Title XII: Miscellaneous Criminal Justice Improvements - Makes it a Federal offense to use interstate commerce facilities in the commission of murder-for-hire. Increases penalties for violent crimes committed in aid of racketeering activities.

Provides for waiver to adult court for a juvenile with a prior conviction who is charged with a violent or drug-related offense.

Extends kidnapping jurisdiction to protect certain Federal officials if the crime is committed while the victim is engaged in his official duties.

Extends Federal jurisdiction over the robbery of a pharmacy.

Increases the penalties for distributing controlled substances in or on or within 1,000 feet of, an elementary or secondary school.

Revises the provisions relating to offenses against families of Federal officials, currency and foreign transactions, truck theft, felony-murder, the Federal juvenile justice system, and emergency electronic surveillance.

Urges the President to promote a declaration by the United Nations of an International Year Against Drug Abuse.

Provides a mandatory five year prison term for a person at least 21 who distributes certain controlled substances to persons under age 18.

Provides a mandatory minimum sentence of 5 years for using or carrying a handgun loaded with armour-piercing ammunition during the commission of a crime of violence.

Establishes a Federal offense relating to the damaging of property of an energy facility.

Raises the mandatory minimum sentence for a crime committed with a firearm to 2 years (5 years for a second offense).

Prohibits the distribution of material involving the sexual exploitation of minors even if the material is not found to be "obscene."