Hospitals & Asylums    

 

 

Attorney General Enforcement (AGE)

 

To supplement Chapter 2 Soldiers' and Airmen’s Home §41-70.  Th High Court must publish: 'To insert the word 'prescription' after inspection, and before fumigation, in domestic quarantine statute under 42USC§264 and 42CFR§70.2. National greeting: Hydrocortisone, eucalyptus, lavender or peppermint (HELP) cure coronavirus and Cushing's disease. Epsom salt bath cures methicillin resistant Staphylococcus aureus. Treat influenza with Hall's menthol or prescription Oseltamivir (Tamiflu), Zanamivir (Relenza) and Amantadine (Symmetrel) under 42USC§300u. A Bachelor degree is required for all federal, state and local law enforcement (including mandatory) and corrections officers whereas recidivism, defined as re-arrest within three years of release from prison, is reduced from 66% to 50% with vocational certificates, to 35% with Associate degree to 0% in those who earned a post-conviction Bachelor degree.' Civil action is afforded with the 12.4% OASDI tax on all state employees pursuant to the repeal of Sec. 230 of the Social Security Act under 42USC§430. DOJ FY 2021 Budget request totals $31.7 billion in discretionary outlays, including $29.9 billion for federal programs (net fees) and $1.8 billion for state, local, and tribal assistance programs and excluding much reduced claims of $7.9 billion in mandatory budget authority in FY 2021. Authority for Employment of the FBI and DEA Senior Executive Service must be repealed under 5USC§3151-§3152, US Sentencing Commission and Immigration and Customs Enforcement must be abolished. 20-week tuition for Quantico Federal Police Academy, fees for the Forensic Laboratory and Uniform Crime Reporting, are protected. The DEA drug stockpile must be destroyed and diversion control doctors who don't use the license are advised not to pay the $1,500 biannual fee, and optionally retain an attorney at +/-$200 hourly rate per year that would need to be pre-authorized for UN Controlled Substance prescription fillers offended by the DEA License. 1 police officer per 1,000 residents is considered normal. 1.5 million police officers in a population of 330 million is 4.5 police officers per 1,000 residents. 2.2 million people are behind bars in the United States, the most in the world, with 693 detainees per 100,000 residents, the second most concentrated, in a world with a norm of 144 and arbitrary legal limit of 250 detainees per 100,000 residents. The prison population quintupled from 503,586 detainees (220 per 100,000) in 1980 to a high of 2,307,504 (755 per 100,000) in 2008, before going down to 2,217,947 (696 per 100,000) in 2014. The federal prison population increased to a high of 219,298 in 2013 before decreasing to 183,191 in 2017. Sanchez-Llamas v. Oregon (2006) notes the wrongful execution of prisoners in Lagrand Brothers v. USA Judgment No. 104 on June 27, 2001 and Avena and other Mexican National v. USA Judgment No. 128 on March 31, 2004. ABA Kennedy Commission Report of June 23, 2004 admitted the most prisoners of any nation in the world and measures would need to be taken to redress this problem: Mandatory minimum sentencing and U.S. Sentencing Commission must be abolished pursuant to Blakely v. Washington (2004), decriminalize drugs in United States v. Booker J. & Fanfan (2005) and safely secure the release of disability beneficiaries to resolve prison overcrowding pursuant to Brown, Governor of California, et al v. Marciana & Plata et al (2011).

 

Be it enacted in the House and Senate Assembled

 

Ninth annual ed. 4 July 2010. 13 August 2011, 10^th ed. 5 February 2015, 11^th ed. July 2016, 12^th 18 March 2018, 13^th 19 January 2019, 10 January 2021

 

1. This book supplements Title 24 US Code Chapter 2 §41-70 Soldier’s and Airmen’s Home that has been completely repealed by Pub. L. 101-510, Div. A, Title Xv, Sec. 1532 of Nov. 5, 1990 104 Stat. 1733; Pub. L. 101-189, Div. A, Title Iii, Sec. 347, Nov. 29, 1989, 103 Stat. 1422; Pub. L. 94-454, Sec. 2, Oct. 2, 1976, 90 Stat. 1518 and Aug. 10, 1956, Ch. 1041, Sec. 53, 70a Stat. 641. The Judiciary Act of 1789, ch. 20, sec. 35, 1 Stat. 73, 92-93 (1789) created the Office of the Attorney General. In 1870, after the post-Civil War increase in the amount of litigation involving the United States necessitated the very expensive retention of a large number of private attorneys to handle the workload, a concerned Congress passed the Act to Establish the Department of Justice, ch. 150, 16 Stat. 162 (1870) setting it up as "an executive department of the government of the United States" with the Attorney General as its head. The Act gave DOJ control over all criminal prosecutions and civil suits in which the United States had an interest. In addition, the Act gave the Attorney General and the Department control over federal law enforcement, establishing the Attorney General as the chief law enforcement officer of the Federal Government. Finally, to assist the Attorney General, the Act created the Office of the Solicitor General. DOJ was charged with improving: 1. representation of the federal government in the Courts, 2. representation of the federal government to the State Attorney Generals, 3. representation of state attorney generals to the federal government and 4. counsel to the president by serving as the member of the cabinet who supervises judicial affairs and litigation with the title Attorney General of the United States.  The US Department of Justice is constituted in accordance with Article 3 of the Constitution of the United States, Title 28, Part 2 United States Code and manages its judicial administration in accordance with Title 28 Code of Federal Regulations and the U.S. Attorney’s Manual. The Department of Justice consists of the principal organizational units listed in 28CFR§0.1 as restructured by the Homeland Security Act of 2002 yielding roughly 17 offices, 7 divisions and 2 boards and Bureau of Alcohol, Tobacco and Firearms (AFT) with four immigration and customs related agencies seceding to the Department of Homeland Security. The mission of the Department of Justice is: To enforce the law and defend the interests of the United States according to the law; to ensure public safety against threats foreign and domestic; to provide federal leadership in preventing and controlling crime; to seek just punishment for those guilty of unlawful behavior; and to ensure fair and impartial administration of justice for all Americans.

 

Justice Department, Total Outlays and Budget Authority FY 16 – FY 19

(thousands)

 

Source: Justice Department Summary of Budget Authority by Appropriation FY18 - FY 21

 

2. The DOJ FY 2021 Budget request totals $31.7 billion in discretionary outlays, including $29.9 billion for federal programs (net fees) and $1.8 billion for state, local, and tribal assistance programs and excluding claims of $7.9 billion in mandatory budget authority in FY 2021. Justice is the only Department budget believed to accurately distinguish discretionary outlays and mandatory revenue funded operations. The summary of budget authority by appropriation is only a few thousand dollars off after mandatory budget authority FY 21. Once again, the FY 21 Budget Summary does not even attempt to justify termination of the Community Relations Service, Community Oriented Policing Service (COPS) or Office of Violence against Women (OVW) they threaten with total abolition. The total FY 20 supplement is $460 million for the OVW FY 20 to redress COVID-19 quarantine related domestic violence, bringing total FY 20 discretionary budget authority from $32.4 billion to $32.9 billion FY 20. The total FY 21 supplement is $550 million outlays for the OVW, $17 million for the Community Relations Service and $250 million for COPS, a total supplement of $817 million FY 21 in addition to the $31.7 billion total discretionary outlays already requested, for total discretionary budget authority of $32.5 billion FY 21. The hypothetical depletion of the Crime Victim Fund (CVF) from the accurate number of -$7,783 million FY 19 to $5,695 million FY 20 to $0 FY 21, by means of large Victims Compensation Fund FY 21 and extremely low deposits, should be interpreted as a request for $5.7 billion FY 20, too much money, after losing ability to account for ultra-high deposits FY 14 and FY 17, and it is advised that deposits should moderate at a slightly higher rate than the $2,300 million FY 21 disbursement cap, $2,500 million FY 20 and FY 21, to afford CVF disbursement and reasonable transfers to victim compensation fund pursuant to the Anti-Deficiency Act of 1982 under 31USC§1515.

Justice Department, Budget Authority FY 16 – FY 21

(thousands)

 

Appropriation	FY 16	FY 17	FY 18	FY 19	FY 20	FY 21
DOJ Direct Discretionary Outlays	27,506,922	27,877,467	27,780,426	30,005,462	32,387,263	31,656,515
Mandatory and Other Accounts	12,552,090	6,720,173	5,324,174	6,425,644	7,339,040	7,947,520
Total BA Department of Justice, with Offset	40,308,374	34,847,500	33,379,248	36,708,951	40,013,197	39,907,939
General Administration total	142,500	145,124	144,138	145,000	148,615	155,833
General Administration	111,500	114,124	113,349	113,000	114,740	121,769
Justice Information Sharing Technology	31,000	31,000	30,789	32,000	33,875	34,064
Executive Office for Immigratio n Review BA	420,283	440,000	437,012	563,407	672,966	882,872
Executive Office for Immigration Review outlays	416,283	436,000	433,012	559,407	668,966	878,872
Transfer from Immigration Fees Account	4,000	4,000	4,000	4,000	4,000	4,000
Office of the Inspector General BA	93,709	95,583	94,934	101,000	115,000	107,211
Office of the Inspector General	93,709	95,583	94,934	101,000	105,000	107,211
Transfer from Crime Victim Fund	0	0	0	0	10,000	0
Working Capital Fund (Rescissions)	-69,000	-300,000	-218,000	-151,000	-107,000	-75,000
Transfer to FBI Construction	0	-181,000	-181,000	0	0	0
U.S. Parole Commission	13,308	13,308	13,218	13,000	13,308	13,539
National Security Division	95,000	96,000	95,348	101,369	110,000	117,451
General Legal Activities total	899,508	897,500	891,406	905,000	920,000	971,429
Solicitor General	11,885	11,885	11,804	11,828	12,250	13,585
Tax Division	106,979	106,979	106,253	105,925	112,831	113,502
Criminal Division	181,745	181,745	180,511	193,715	195,617	195,754
Civil Division	292,214	292,214	290,230	289,334	295,084	327,207
Environmental & Natural Resource Division	110,512	110,512	109,762	109,423	109,423	114,254
Legal Counsel	7,989	7,989	7,935	7,951	8,114	9,393
Civil Rights Division	148,239	148,239	147,232	148,239	148,239	157,332
Interpol	33,437	33,441	33,214	34,111	33,676	35,592
Pardon Attorney	6,508	4,496	4,465	4,474	4,766	4,810
Vaccine Injury Compensation Trust Fund	[10,000]	[10,000]	[10,000]	[10,000]	[13,000]	[19,000]
Antitrust	164,977	169,101	173,328	164,977	166,755	188,524
U.S. Attorneys	2,000,000	2,035,000	2,021,180	2,212,000	2,254,541	2,378,418
U.S. Trustees	225,908	225,908	224,374	226,000	227,229	234,464
Foreign Claims Settlement Commission	2,374	2,374	2,358	2,409	2,335	2,366
U.S. Marshall's Service total outlays	2,489,575	2,673,954	2,655,795	2,925,397	3,312,461	3,669,682
Salaries & Expenses	1,230,581	1,249,040	1,240,558	1,358,000	1,430,000	1,608,073
Construction	15,000	10,000	9,932	15,000	15,000	15,000
Federal Prisoner Detention	1,454,414	1,454,414	1,420,700	1,552,397	1,867,461	2,046,609
Rescission of Prior Year Balances	-195,974	-24,000	0	0	0	0
Community Relations Service	14,446	15,500	15,395	15,500	16,000	0
Assets Forfeiture Fund outlays	14,673	15,039	15,415	20,514	20,514	20,514
Interagency Crime and Drug Enforcement	512,000	517,000	513,489	560,000	550,458	585,145
Federal Bureau of Investigation total outlays and BA	8,718,001	8,995,779	8,933,388	9,452,811	9,880,928	9,570,724
Salaries & Expenses	8,489,786	8,767,201	8,707,663	9,192,137	9,467,902	9,748,829
Rescission of prior year balance Direct and CJIS Balances	-80,767	-140,000	-191,600	-124,326	-71,974	-80,000
Rescission FBI S & E	0	-51,600	0	0	0	0
Construction	308,982	420,178	417,325	385,000	485,000	51,895
Transfer from WCF	0	[181,000]	0	0	0	0
Rescission	0	0	0	0	0	-150,000
Drug Enforcement Administration	2,080,000	2,090,884	2,086,617	2,267,000	2,269,153	2,652,805
Salaries & Expenses	2,080,000	2,102,976	2,086,617	2,267,000	2,279,153	2,398,805
Rescission of Prior year Balances DEA	0	-12,092	0	0	-10,000	0
High Intensity Drug Trafficking Areas Program	0	0	0	0	0	254,000
Bureau Alcohol, Tobacco, Firearms & Explosives outlays and BA	1,240,000	1,258,600	1,250,053	1,316,678	1,400,000	1,666,259
Salaries & Expenses	1,240,000	1,258,600	1,250,053	1,316,678	1,400,000	1,637,574
Construction	0	0	0	0	0	28,685
Federal Prison System total outlays and BA	7,478,500	7,135,400	7,086,943	7,514,000	7,778,000	7,205,579
Salaries & Expense	6,948,500	7,008,800	6,961,203	7,250,000	7,470,000	7,611,126
Building & Facilities	530,000	130,000	125,740	264,000	308,000	99,453
Rescission of prior year balance B & F	0	-3,400	0	0	0	-505,000
Federal Prison Industries limitation on Administrative expenses	2,700	2,700	2,682	2,700	2,700	2,700
Subtotal, w/o State and Local	26,538,462	26,343,754	26,258,073	28,357,762	29,753,963	30,350,515
Grants Programs
Office of Justice Programs	1,770,960	1,582,800	1,598,371	2,044,800	2,245,800	1,765,000
Research, Evaluation and Statistics	116,000	89,000	123,189	80,000	79,000	86,500
OJP Salaries and Expenses	[214,617]	[220,717]	[219,218]	[225,000]	[235,000]	[286,338]
Juvenile Justice Programs	270,160	247,000	245,375	287,000	320,000	227,500
State and Local Law Enforcement Assistance	1,408,500	1,280,500	1,263,618	1,723,000	1,892,000	1,511,200
Public Safety Officers Benefits	16,300	16,300	16,189	24,800	24,800	24,800
OJP wide rescissions of prior year balance	-40,000	-50,000	-50,000	-70,000	-70,000	-85,000
Community Policing (Includes OJP programs)	202,000	206,500	160,403	287,000	330,000	0
Community Policing	212,000	221,500	175,403	303,500	343,000	0
COPS Salaries and Expenses	[37,374]	[37,374]	[37,120]	[32,101]	[30,678]	0
Rescission of prior year balance	-10,000	-15,000	-15,000	-16,500	-13,000	0
Office of Violence against Women total	465,000	471,500	465,318	487,500	502,500	-10,000
Office of Violence against Women	480,000	481,500	475,318	487,500	67,500	-10,000
OVF Funding within CVF	0	[326,000]	[326,000]	[497,500]	435,000	[498,500]
OVW Salaries and Expenses	[19,912]	[19,912]	[19,777]	[24,211]	[24,772]	[23,578]
Rescission of Prior Year Balances	-15,000	-10,000	-10,000	-10,000	0	-10,000
Discretionary Grants Programs	2,437,960	2,260,800	2,224,092	2,819,300	3,078,300	1,755,000
Subtotal Discretionary w/o scorekeeping credits	28,976,422	28,604,554	28,482,165	31,176,062	32,832,263	32,105,515
Fees Collections	-265,500	-269,087	-397,739	-496,600	-445,000	-449,000
Antitrust Offset	-103,500	-106,087	-108,739	-136,000	-136,000	-136,000
U.S. Trustee Fees and Interest on US Securities	-162,000	-163,000	-289,000	-360,000	-309,000	-313,000
Subtotal Discretionary w/Fees	28,710,922	28,335,467	28,084,426	30,679,462	32,387,263	31,656,515
Scorekeeping Credits
Crime Victims Fund	[-9,479,000]	[-11,379,000]	[-11,020,000]	[-7,783,000]	[5,696,000]	0
Crime Victim Fund Rescission	0	0	[-1,310,000]	0	0	0
Assets Forfeiture Fund	-458,000	-458,000	-304,000	0	0	0
Assets Forfeiture Fund (Permanently Cancelled)	-746,000	0	0	-674,000	0	0
Subtotal Discretionary w/Fees	28,710,922	28,335,467	28,084,426	30,679,462	32,387,263	31,656,515
Subtotal Scorekeeping Credits	-1,204,000	-458,000	-304,000	-674,000	0	0
Subtotal DOJ Direct Discretionary	27,506,922	27,877,467	27,780,426	30,005,462	32,387,263	31,656,515
Mandatory and Other Accounts	12,552,090	6,720,173	5,324,174	6,425,644	7,339,040	7,947,520
Fees and Expenses of Witnesses (Mand.)	270,000	270,000	270,000	270,000	270,000	270,000
Witnesses Sequester Cut	0	-18,630	-17,820	-16,740	-15,930	0
Witnesses Rescission of Prior Year Balance	0	0	0	0	0	-150,000
Independent Counsel (Permanent Indefinite)	500	3,872	10,400	4,760	500	500
Sequester Cut	0	-267	-686	-295	-30	0
Radiation Exposure Compensation Trust Fund (Mand.)	65,000	65,000	50,000	45,000	65,000	70,000
Public Safety Officers Death Benefits (Mand.)	72,000	73,000	73,000	129,000	117,000	117,000
Sequester Cut	0	0	0	-744	-576	0
Assets Forfeiture Fund (Permanent Budget Authority)	1,975,275	1,465,668	1,585,363	1,704,719	2,410,188	1,296,124
Sequester cuts	0	0	0	-135,273	-86,582	0
Antitrust Pre-Merger Filing Fee Collections	103,500	106,087	108,739	136,600	136,000	136,000
US Trustees Fee Collection	162,000	163,000	289,000	360,000	309,000	313,000
Diversion Control Fees	371,515	382,662	419,574	420,703	450,046	460,499
Sequester Cut	0	0	0	-26,586	-26,553	0
9/11 Victim Compensation Fund	2,565,300	818,195	0	5,932	0	0
Sequester cut	0	0	0	-184	0	0
Victim Compensation Fund	4,600,000	0	0	0	897,051	2,958,397
Sequester Cut	0	0	0	0	-2,425	0
Domestic Victims of Trafficking	6,000	6,000	6,000	6,000	6,000	6,000
Sequester Cut	0	-414	-396	-62	-59	0
Crime Victims Fund	2,361,000	2,361,000	2,361,000	3,353,000	2,641,000	2,300,000
Office of Violence Against Women	0	0	0	[-497,500]	[-435,000]	[-498,500]
Office of Inspector General	0	0	0	0	[-10,000]	0
Victim of State Sponsored Terrorism	0	1,025,000	170,000	170,000	170,000	170,000
Sequester cut	0	0	0	-186	-590	0
Total BA Mandatory and Discretionary	40,059,012	34,597,640	33,104,600	36,431,106	39,726,303	39,604,035
Healthcare Fraud Reimbursements subtotal	249,362	249,860	274,648	277,845	286,894	303,904
HCFAC Mandatory Reimbursement	58,579	58,045	59,447	61,120	62,471	67,308
FBI-Health Care Fraud mandatory	130,303	131,335	134,525	138,344	141,423	153,596
HCFAC Discretionary Reimbursement	60,480	73,800	73,800	78,381	83,000	83,000
Total BA Department of Justice, with Offset	40,308,374	34,847,500	33,379,248	36,708,951	40,013,197	39,907,939

Source: Justice Department Summary of Budget Authority by Appropriation FY21

 

3. Other than the following DOJ budget request is not contested. Community Relations Service requires at least $17 million for 12% growth from FY 17 plus any arrears for 3% growth they wish to file for pursuant to Sec, 1004 of the Civil Rights Act of 1964 and 18USC§246. Although COPS are genuinely a civil riot/terrorism finance suspect, they have not been accused, they are accused of hyper-inflation, rising from $225 million FY 17 to $340 million FY 20 after being cut FY 18 and receiving generous compensation in excess of $300 million FY 19, 3% inflation from FY 17 is fair, $250 million FY 21, 3% inflation thereafter. Nor does it explain how the Office of Violence against Women (OVW) is going to pimp DOJ -$10 million from their 3% inflation negligent compensation for wrongful termination of outlays from the Crime Victim Fund settlement since FY 17. OVW outlays are again threatened to be cut incidental to some unexplained replenishment of the Crime Victim Fund FY 20. OVW is due an estimated $540 million federal outlays FY 21, 12.5% growth from FY 16. The current federal outlay cut threat is $67.5 million FY 20, down from $487.5 million FY 19, that must be redressed with $528 million FY 20 in outlays are advised for 10% growth from FY 16, plus 2.5% increase in outlays. Furthermore, Crime Victim Trust Fund spending for OVW battered women shelters and medical treatment should be anticipated to increase 3% annually, from the previous year, to compete with inflation. DOJ has paid a high price by attempting to force OVW to live on the Crime Victim Fund and with continuing outlay cut threats, must continue to pay both federal outlays for the OVW agency and Crime Victim Fund payments for the shelter and medical treatment of female domestic violence victims they have begun to count since $326 million FY 17, $326 million FY 18, $497 million FY 19, $435 million FY 20 replenishment, and $498.5 million FY 21. The Attorney General’s heart fails by the end of General Legal activities. The Antitrust division 10% increase in offsetting receipts from $109 million FY 18 to FY 19 comes after 3 years of federal outlays between $61.5 million FY 16 and $64.6 billion FY 18. Unable to get from $60 to $70 million in less than 42 months, Antitrust outlays took the cowardly way and charged the public more to back down from the persecution of the number of the beast by the appropriations committee, and try again with more momentum. Federal outlays declined -55% from $64 million FY 19 to $29 million FY 19 before rapidly increasing to $31 million FY 20 and 52.5 million FY 21. Total budget authority initially declined -5% from $173 million to $165 million and is now rapidly increasing. Antitrust must sue the public regarding their hypersensitivity, to limit the persecution of 666 to less than 42 months, and hopefully skip right over the antichrist reference ultra vires (Revelation 13:10). Antitrust could settle for $70 million outlays plus 3% growth in outlays and reduce the antitrust merger filing fee by 10% -15% FY 22. 10.8% hyperinflation FY 20-FY 21 US Marshal Service total, 12.5% hyperinflation in salaries and expense and 9.6% in federal prisoner detention seems excessive under 31USC§1517(a)(2) and §1514(a)(2). The US Marshall must begin to warrant their rapid spending growth by seizure of FBI, DEA, Interagency Crime and Drug Enforcement and ICE budget authority. It has long been held that the FBI, DEA and Inter-agency drug and crime enforcement are speed freaks who need to be completely abolished to end slavery of the innocent and random acts of violence by ignorant people they torture equally. Having destroyed food and drugs seized by the police, all that remains is Uniform Crime Reports, National Forensic Laboratory and FBI Police Academy at Quantico Bay.

 

Victim Compensation Deposits, Disbursements and Balance FY 85 – FY 21

(in millions)

 

Source: Sacco, Lisa N. The Crime Victims Fund: Federal Support for Victims of Crime. Analyst in Illicit Drug and Crime Policy. Congressional Research Service. October 27, 2015. FY21 Performance Budget Office of Justice Programs. Pgs. 116-117

 

4. The FY 2021 President’s Budget requests an annual obligation limitation of $2.3 billion for the Crime Victims Fund (CVF), a decrease of $341.0 million from the FY 2020 Enacted level. The CVF was established by the Victims of Crime Act of 1984 (“1984 Act”). It is financed by collections of fines, penalty assessments, and bond forfeitures from defendants convicted of federal crimes. Most collections stem from large corporate cases rather than individual offenders. The CVF is administered by the Office for Victims of Crime (OVC). Programs supported by the CVF focus on providing compensation to victims of crime and survivors, supporting appropriate victims’ service programs and victimization intervention strategies, and building capacity to improve response to crime victims’ needs and increase offender accountability. The CVF was established to address the continuing need to expand victims’ services programs and assist federal, state, local, and tribal agencies and organizations in providing appropriate services to their communities. In FY 2017, the CVF received a historic level of receipts deposited to the Fund—$6.6 billion, nearly double the previous record-setting level of receipts ($3.6 billion in FY 2014). As of 2018, the Fund balance was over $12 billion and includes deposits from federal criminal fines, forfeited bail bonds, penalties, and special assessments collected by U.S. Attorneys' Offices, federal courts, and the Federal Bureau of Prisons. Conversely, in both FY 2018 and FY 2019 the CVF received near-historically low levels of receipts ($445 million in FY 2018; $495 million in FY 2019). This volatility has created difficulty in creating an accurate predictive model for CVF receipts. Despite these lower receipt levels, spending out of the CVF hit a historic high in FY 2018 at $4.4 billion, before falling to $3.4 billion in FY 2019. The low levels of receipts in these years combined with historically high spending levels have significantly decreased the balance of the Fund itself, and raised significant questions regarding the viability of the Fund itself absent reform. The FY 2021 request therefore continues to seek CVF reform through an authorizing proposal that would amend the 1984 Act and establish a $2.3 billion obligation cap for the CVF. Of this amount, $498.5 million would be provided to the Office on Violence Against Women (OVW) and the remaining $1.8 billion would be administered by OVC.

 

Federal Prison Population 1980-2016

 

Source: BOP

 

5. The federal prison population increased to a high of 219,298 in 2013 before decreasing to 183,191 in 2017.  154,934 inmates, 84%, are confined in BOP-operated facilities, 18,056 inmates, 10%, are confined in privately managed facilities, primarily responsible for the special needs of criminal aliens, and 10,201 inmates, 6%, are confined in other facilities.  From 1995 to 2003, inmates in federal prison for drug offenses have accounted for 49% of total prison population growth. As a result of Federal law enforcement efforts, corrupting the FBI with drugs in 1982 under 28CFR§0.85(a), and new legislation that dramatically altered sentencing in the Federal criminal justice system, the 1980s brought a significant increase in the number of Federal inmates. The Sentencing Reform Act of 1984 established determinate sentencing, abolished parole, and reduced good time; additionally, several mandatory minimum sentencing provisions were enacted in 1986, 1988, and 1990. From 1980 to 1989, the inmate population more than doubled, from just over 24,000 to almost 58,000. During the 1990s, the population more than doubled again, reaching approximately 136,000 at the end of 1999 as efforts to combat illegal drugs and illegal immigration contributed to significantly increased conviction rates. At yearend 2012, 414,065 persons were under some form of federal correctional control, 256,720 were in confinement 62% and 157,345 were under supervision in the community, 38%Fifteen percent of federal prisoners released in 2010 were returned to federal prison within 3 years. Over half (54%) were returned for supervision violations.  In 2012, five federal judicial districts along the U.S.-Mexico border accounted for 60% of federal arrests, 53% of suspects investigated, and 41% of offenders sentenced to prison.  In 2012, 3,171 suspects were arrested for a sex offense. Defendants convicted of a felony sex offense were the most likely (97%) to receive a prison sentence following conviction.  During 2012, 172,248 suspects were booked by the U.S. Marshals Service, a 2% decline from 179,034 booked in 2010. The number of federally sentenced prisoners in the Federal Bureau of Prisons (BOP) increased 84% between fiscal year (FY) 1998 and 2012, and the number of drug offenders in federal prison grew 63% during this time.  At fiscal yearend 2012, offenders whose most serious offense (as defined by the BOP) was a drug offense accounted for about half (52%) of the federally sentenced prison population.  To redress the 50% false imprisonment rate Congress has proposed to reduce mandatory minimum sentencing for drug offenses and is encouraged by zero fatalities to legalize marijuana.

 

State by State Detention 1999, 2005, 2013

 

Source: World Prison Brief 2000 & 2005 Wikipedia 2013

 

6. 2.2 million people are behind bars in the United States, the most in the world, with 693 detainees per 100,000 residents, the second most concentrated, in a world with a norm of 144 and arbitrary legal limit of 250 detainees per 100,000 residents. The prison population quintupled from 503,586 detainees (220 per 100,000) in 1980 to a high of 2,307,504 (755 per 100,000) in 2008, before going down to 2,217,947 (696 per 100,000) in 2014. The detainee population must go down to the international norm of less than 250 per 100,000. US Prison population quintupled from 503,586 detainees (220 per 100,000) in 1980 to a high of 2,307,504 (755 per 100,000) in 2008 before quietly going down to 2,217,947 (696 per 100,000). A considerable amount of the increase is the result of the sentencing for drug crimes. From 1995 to 2003, inmates in federal prison for drug offenses have accounted for 49% of total prison population growth. Mid-year 2014 there were 744,592 people detained in local jails, and 1,473,355 in state or federal prisons at year-end. The prison population rate was 693 detainees per 100,000 residents at year-end 2014 based on an estimated national population of 320.1 million at end of 2014. In 2013 20.4% of people behind bars were pre-trial detainees. 9.3% were female. 0.3% were juveniles. 5.5% were foreign prisoners. There are estimated to be a total of 4,575 penal institutions - 3,283 local jails at 2006, 1,190 state confinement facilities at 2005, 102 federal confinement facilities at 2005. The official capacity of the penal system was 2,157,769 with a occupancy level of 102.7% (2013).  Since 2010 most states have seen a reduction in their penal population or at least in their rate of incarceration per 100,000 residents. In 2014, the United States of America, detained 2.2 million prisoners, China was second with 1.7 million, 118 per 100,000 and Russia third with 607,000, 451 per 100,000. Since the dissolution of the Union of Soviet Socialist Republics (USSR) in 1990 the United States detains more prisoners than any other country and has the highest rate of incarceration of any landlocked country.  It is absolutely essential that the United States will continue reduce their prison population and accelerate the release of non-violent offenders serving time in state and federal prison. 

 

7. There are an estimated 1.5 million law enforcement officers employed in the United States. The Bureau of Justices Statistics reported that in 2000 the federal department of justice employed 88,496 full-time law enforcement officers authorized to make arrests and carry fire arms. 17,784 state and local law enforcement agencies employed 708,022 full time officers. 12,666 local police agencies employed 440,920 full time officers. 3,070 county sheriffs employed 164,711 deputies. 49 primary state agencies employed 56,348 officers. 1,376 special jurisdictions employed 43,413 officers. 623 Texas constable offices employed 2,630 law enforcement officers. In 2016 the Department of Homeland Security employed 37,211 law enforcement officers authorized to make arrests and carry fire arms. US Customs and Border Protection 16,388. US Immigration and Customs Enforcement 7,942. US Coast Guard 10,673. US Secret Service 2,208. Although the Bureau of Labor Statistics only estimates that there are 880,000 police officers and detectives, 1.5 million is a good estimate of the number of full-time civilian law enforcement officers employed in the United States, plus another 470,000 corrections officers, for a grand total of 2 million employees authorized to make arrests and carry a firearm in the United States. 1 police officer per 1,000 residents is considered normal. 1.5 million police officers in a social security area population of 330 million is 4.5 police officers per 1,000 residents, justified by the three full-time shifts and part-time employees it takes to operate 24 hours a day.  Conduct and good discipline require a Bachelor degree for all law enforcement, civil foreign and internal revenue services officers, because several state studies have shown that no one with a Bachelor degree was a recidivist under 34USC§60501. Recidivism, defined as re-incarceration within 3 years of release from prison, occurs in 66% of state offenders, 50% in those who earned vocational certificates, 35% in those with an Associate degree and 0% in those who earned a post-conviction Bachelor degree. Several state studies have shown that people who earn a post-conviction Bachelor degree are 100% free of recidivism. Law enforcement officers, with a minimum of high school plus 4-20 week police or correctional academy, do not necessarily possess the Bachelor degree, several state studies have shown is needed to prevent recidivism and stop offending civil society, 100% of the time. The principal finding is that to reduce unacceptably high rates of unauthorized use of force, false arrest, torture and wrongful death, a Bachelor degree, including the first year of law school, plus police academy, must be required of all law enforcement officers employed in the United States. Secondarily, it is advised that law schools include police and correctional academy as a mandatory part of their curriculum, and law enforcement agencies employ law students and graduates, especially, under 34USC§12577.

 

8. There are about 1,000 police shootings each year in the United States. In 2016 there were 515 deaths categorized as being the result of legal intervention ICD-10 Y35, Y89. Between 2005 and April 2017, 80 officers had been arrested on murder or manslaughter charges for on-duty shootings. During that 12-year span, 35% were convicted, while the rest were pending or not convicted. With 515 justified homicides from legal intervention in 2016, the homicide rate of 1.5 million police officers is 38.6 per 100,000, seven times more than normal, 5.3 per 100,000 or five time more than 8 per 100,000 for ex-cons without gun rights. With due regard to their personal safety an average of 15 law enforcement officers per 100,000 are killed in the line of duty, five times the normal civilian work force rate of 3 per 100,000, but safer than farming or ranching 20 per 100,000. The justifiable homicide rate incidental to conventional legal intervention is 38.6 per 100,000, seven times the normal homicide rate of <5.0 per 100,000 since 2010, with a low of 4.5 per 100,000 in 2013, and new spike to 5.3 per 100,000 in 2017. The justifiable homicide rate of 38.6 per 100,000 law enforcement officers is more than twice as much as 15 per 100,000 homicides by prisoners, that runs about three times normal. Among the special procedures of the Human Rights Council, the United Nations Special Rapporteur on Extrajudicial, Summary or Arbitrary Executions holds unlawful killings by the police may occur in situations where the police are not pursuing law enforcement objectives, such as attempts at extortion that may escalate into extra- judicial killings; engaging in “social cleansing” operations and intentionally killing criminals or members of marginalized groups; or in even more extreme situations, where police are operating as a militia or death squad. Consistent with the high degree of responsibility required by Prosecutors with appropriate education and training who make them aware of the ideals and ethical duties of their office, of the constitutional and statutory protections for the rights of the suspect and the victim, and of human rights and fundamental freedoms recognized by national and international law. It is held, that all law enforcement officers employed in any jurisdiction in the United States should possess at least a Bachelor degree, with credit for first year law school constitutional law, plus 4-20 week police or correctional academy training, that is of itself inadequate to reliably redress recidivism of organized crime. To raise the bar, it is advised that law schools include police and correctional academy as a mandatory part of their curriculum, and law enforcement agencies preferentially employ law students and graduates, especially.

 

9. Regulation of the news media is usually limited under Art. 20 of the International Covenant on Civil and Political Rights that states: (1) Any propaganda for war shall be prohibited by law (2) Any advocacy of national, racial or religious hatred that constitutes incitement to discrimination, hostility or violence shall be prohibited by law. The United States must better protect journalistic, commercial and government sources against the $10,000 per day fine for rejecting the Communication Assistance for Law Enforcement Act, that needs to be repealed to protect commerce against corrupt police investigation under 18USC§2522. Civil action against state officials under 18USC§2707 is afforded with mandatory minimum 12.4% OASDI payroll tax on state employees in Title I of the Social Security Act and requiring a Bachelor degree for employment. Civil action against the federal government under 18USC§2712 must require a Bachelor degree and exclude marijuana from drug testing for federal employment to repeal, abolish, overturn or otherwise overrule the Authority for Employment of the Federal Bureau of Investigation (FBI) and Drug Enforcement Administration (DEA) Senior Executive Service under 5USC§3151-3152, Office of Special Counsel, Interagency Drug and Crime Enforcement, National Office of Drug Control Policy, International Narcotic Control and Law Enforcement, and Immigration and Customs Enforcement.  In the Federal Government, layoffs are called reduction in force (RIF) actions under 5 CFR Part 351. The spirit and intent of these regulations is guided by the principle of non-use of force. When an agency must abolish positions, the RIF regulations determine whether an employee keeps his or her present position, or whether the employee has a right to a different position. A reduction in force includes the elimination or modification of a position due to a reorganization, due to a lack of funds or curtailment of work, or due to any other factor under 5USC§3595(d). Unacceptable performance means performance of an employee which fails to meet established performance standards in one or more critical elements of such employee’s position under 5USC§4301(3). Error with much greater than 30% frequency is unacceptable under 5USC§3504(b).

 

10. It is estimated that 50% of arrests are false.  The Body of Principles for the Protection of All Persons under Any Form of Detention or Imprisonment (1988) provides the legal system with several legal principles to redress false arrests. Principle 2 only under the law, holds prosecutors accountable for the accuracy of their legal citation. Principle 21 Prohibition of Corrupt Police Investigation. Principle 27 Inadmissibility of Evidence Improperly Acquired. Non-compliance with these principles in obtaining evidence shall be taken into account in determining the admissibility of such evidence against a detained or imprisoned person.  The Guidelines on the Role of Prosecutors (1990) provides. Guideline 16. When prosecutors come into possession of evidence against suspects that they know or believe on reasonable grounds was obtained through recourse to unlawful methods, which constitute a grave violation of the suspect's human rights, especially involving torture or cruel, inhuman or degrading treatment or punishment, or other abuses of human rights, they shall refuse to use such evidence against anyone other than those who used such methods, or inform the Court accordingly, and shall take all necessary steps to ensure that those responsible for using such methods are brought to justice. Law colleges have advised the public to retain a lawyer to have the prosecutor drop the charges instead of being invariably arrested responding to a request to come to the police station for questioning. Victims of false imprisonment and torture have a right to compensation under the Fourteenth Amendment to the US Constitution. When a person has by a final decision been convicted of a criminal offense and when subsequently his conviction has been reversed or he has been pardoned on the ground that a new or newly discovered fact shows conclusively that there has been a miscarriage of justice, the person who has suffered punishment as a result of such conviction shall be compensated according to law, unless it is proved that the non-disclosure of the unknown fact in time is wholly or partly attributable to him under Art. 14(6) of the International Covenant on Civil and Political Rights (1976). The State shall ensure in its legal system that the victim of an act of torture obtains redress and has an enforceable right to fair and adequate compensation, including the means for as full rehabilitation as possible. In the event of the death of the victim as a result of an act of torture, his dependents shall be entitled to compensation under Art. 14 of the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (1987). By reason of attitude not in accordance with the Geneva Conventions the government is under obligation to make good to consequence of injury.  Thus, every wrong creates a right for the court to rectify pursuant to the Case Concerning the Factory of Chorzow Permanent Court of Justice A. No. 9 (1927).

 

Sanders, Tony J. Book 2: Attorney General Enforcement. 14^th Ed. Hospitals & Asylums HA-10-1-21 272 pgs. www.title24uscode.org/AGE.pdf