Violent Crime Control Act of 1981

Violent Crime Control Act of 1981 - Title I: Mandatory Sentences For Use of Firearms in Felonies - Amends the Omnibus Crime Control Act of 1970 to revise and increase the mandatory penalties for using or carrying a firearm during commission of a Federal felony.

Makes the additional penalties inapplicable to offenses consisting solely of possessing, transporting, or selling a firearm.

Increases the additional penalty to two years' imprisonment for a first offense (currently, one to ten years) and to five years for a second or subsequent offense (currently, two to 25 years).

Extends to first offenders the stipulations, currently applicable only to second or subsequent offenders, that the court not suspend any sentence, grant probation, or impose concurrent sentences.

Prohibits the granting of parole to any offender. Prohibits the Government attorney from plea bargaining with respect to this offense.

Title II: Assassination-Related Killings - Amends the Federal criminal code to extend the current offense of killing designated Federal employees to include any Federal public servant engaged in the performance of, or on account of, his or her duties.

Replaces the current crimes of Presidential and Congressional assassination with new offenses covering the assassination, assault, kidnapping, or conspiracy to kill or kidnap "United States officials." Includes Cabinet heads and Federal judges within such definition, in addition to the President, Vice President, and Members of Congress. Makes it a Federal crime to kill any civilian in the course of an assassination of a U.S. official.

Authorizes the Attorney General to offer a reward of up to $100,000 for information and services concerning these offenses. Makes it the duty of any Federal agency to assist the Attorney General in the investigation and prosecution of violations.

Title III: Bail Reform - Bail Reform Act of 1981 - Repeals the Bail Reform Act of 1966 and sets forth new bail procedures.

Authorizes a judicial officer to consider the safety of any person of 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. Authorizes pretrial release upon execution of an unsecured appearance bond. Expands the number of discretionary release conditions.

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 if no conditions will assure his appearance and the safety of the community and any other person.

Authorizes a judicial officer to order the pretrial detention of a person upon finding that: (1) no condition will reasonably assure such person's appearance and the safety of any other person and the community; and (2) there is a substantial probability that the person committed the offense.

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; or (3) a narcotics offense punishable by at least ten years' imprisonment. Permits the Government or the court to move for a detention hearing in any other case involving a serious risk of flight or obstruction of justice or any offense committed after the person has been convicted of two or more offenses for which a hearing is mandated.

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 to appeal a release order.

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.

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

Title IV: Insanity Defense Modifications - Amends Rule 12 of the Federal Rules of Criminal Procedure to authorize a new plea of "guilty but insane" for any criminal defendant whose actions constitute all necessary elements of the offense charged but who lacks the requisite state of mind as a result of mental disease or defect.

Permits the jury or the court in a non-jury trial to find a defendant guilty but insane. Requires the court in any such case to hold a hearing to determine the present mental condition of the convicted person. Directs the court to commit such person to the custody of the Attorney General upon a finding by a preponderance of the evidence that the person is presently suffering from a mental disease or defect as a result of which release would create a substantial danger to himself or to the person or property of another.

Directs the Attorney General to release such person to a State which will assume responsibility for his custody and treatment or otherwise to hospitalize such person in a suitable facility.

Requires the court to hold a hearing upon the certification by the director of the facility that such person's release will no longer create a substantial danger to himself or the person or property of another. Directs the court to order the discharge of a person who is found to have recovered.

Provides for the hospitalization of persons found guilty, imprisoned persons, and persons due for release who are found to suffer from mental disease or defect.

Title V: Modification of the Exclusionary Rule - Declares that evidence obtained in violation of the fourth amendment shall not be excluded in a criminal proceeding if the Government attorney shows by a preponderance of the evidence that the law enforcement officer acted with a reasonable, good faith belief that the search or seizure conformed with fourth amendment requirements. States that evidence obtained in accordance with a warrant is prima facie evidence of good faith belief.

Makes the United States liable for damages resulting from a search or seizure conducted by a law enforcement officer acting within the scope of employment in violation of the fourth amendment, unless the Government attorney shows the officer's reasonable good faith belief of constitutional compliance.

Permits recovery of actual and punitive damages not exceeding $50,000. Authorizes the court to award reasonable attorney fees.

Limits recovery of a person convicted of an offense for which evidence was illegally seized to actual physical personal injury and property damage.

Authorizes a Federal agency to discipline an officer who conducts an illegal search or seizure upon a determination, after notice and hearing, that the officer lacked a good faith belief that the action was constitutional.

Title VI: Sentencing Reform - Establishes as an independent body in the judicial branch the United States Sentencing Commission to set forth sentencing policies and practices for the Federal criminal justice system.

Directs the Commission to promulgate: (1) sentencing guidelines, including appropriate fines and terms of probation and imprisonment; and (2) general policy statements regarding application of the guidelines.

Requires the court to consider the Commission's guidelines and policy statements in imposing sentences in a criminal case. 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.

Provides that in the case of a felony or misdemeanor carrying a maximum imprisonment term of one year, a defendant may appeal a sentence greater than the maximum allowed under the Commission's guidelines which are found by the sentencing court to be applicable, unless contrary to a plea agreement. Permits the Government, with the personal approval of the Attorney General or the Solicitor General, to appeal a sentence less than the applicable minimum.

Title VII: Habeas Corpus Changes - Prohibits Federal magistrates from conducting evidentiary hearings in habeas corpus actions brought by State prisoners, except upon consent of the parties.

Prohibits the consideration in a habeas corpus proceeding of a Federal question which was not properly presented under State law at trial and on appeal unless the petitioner establishes that the alleged violation of the Federal right was prejudicial and that: (1) the Federal right did not exist at time of trial and has been determined to be retroactive; (2) the State procedures precluded assertion of the right; (3) evidence was suppressed which prevented raising of the claim; or (4) material and controlling facts upon which the claim is based were unknown and could not have been ascertained by reasonable diligence.

Establishes a three-year statute of limitations for habeas corpus actions brought by State prisoners.

Prohibits a Federal evidentiary hearing from being conducted where State court records demonstrate that the factual issue was litigated and determined, unless the petitioner establishes the existence of at least one of six circumstances (currently, the State findings are presumed to be correct unless the petitioner establishes the existence of a circumstance). Requires the Federal court to view the State court record in the light most favorable to the prosecution.

Title VIII: Corrections Construction and Development - Corrections Construction and Program Development Act of 1981 - Authorizes the Attorney General to make grants to States for up to 75 percent of the cost of projects to: (1) construct, expand, and repair correctional facilities; and (2) improve correctional programs and practices. Authorizes appropriations through fiscal year 1985.

Amends the Federal Property and Administrative Services Act of 1949 to authorize the Administrator of the General Services Administration to donate surplus property to States for correctional purposes.