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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 Authority for Employment of the FBI and DEA Senior Executive Service must be repealed under 5USC§3151-§3152, US Sentencing Commission and Immigration and Customs Enforcement must be abolished. 20-week tuition for Quantico Federal Police Academy,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, 10th ed. 5 February 2015, 11th ed. July 2016, 12th 18 March 2018, 13th 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)

 

FY 16

FY 17

FY 18

FY 19

FY 20

FY 21

On-budget

28,887,368

28,498,085

28,436,418

28,328,621

29,101,860

31,656,515

Off-budget

19,476,140

12,900,647

10,885,427

10,321,065

10,765,363

8,251,424

Congressional Budget Authority

48,363,508

41,398,732

39,321,845

38,649,686

39,867,223

39,907,939

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)

 

Fiscal Year

1985

1986

1987

1988

1989

1990

1991

1992

1993

1994

1995

Deposits

68.3

62.5

77.5

93.6

133.5

146.2

128

221.6

144.7

185.1

233.9

Deposit Cap

110

110

110

110

125

125

150

150

-

-

-

Disbursements

68.3

62.5

77.5

93.6

124.2

127.2

128

128

144.7

185.1

233.9

Fiscal Year

1996

1997

1998

1999

2000

2001

2002

2003

2004

2005

2006

Deposits

528.9

362.9

324

985.2

777

544.4

519.5

361.3

833.7

668.3

641.8

Deposit Cap

-

-

-

Disbursements

528.9

362.9

324

500

537.5

550

600

617.6

671.3

620

625

Disbursement Cap

-

-

-

-

500

537.5

550

600

621.3

620

625

Fund Balance Year End

485.2

785.2

792

718.9

822.1

1,307.4

1,333.5

Fiscal Year

2007

2008

2009

2010

2011

2012

2013

2014

2015

2016

2017

Deposits

1,081

896.3

1,746

2,362

1,998

2,796

1,489

3,600

1,564

1,604

6,600

Disbursement

625

590

635

705

705

705

730

730

2,361

2,361

2,361

Fund Balance at Year End

1,784

2,084

3,147

8,186

6,100

8,186

8,954

11,824

11,027

10,270

14,509

Fiscal Year

2018

2019

2020

2021

2022

2023

2024

2025

2026

2027

2028

Deposits

445

495

2,500

2,500

Disbursement

4,400

3,266

3,538

5,258

Fund Balance at End of Year

10,554

7,783

6,745

3,987

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

 

1980

24,640

0

1999

133,689

+11,373

1981

26,313

+1,673

2000

145,125

+11,436

1982

30,531

+4,218

2001

156,572

+11,447

1983

33,216

+2,685

2002

163,436

+6,864

1984

35,795

+2,579

2003

172,499

+9,063

1985

40,330

+4,535

2004

179,895

+7,396

1986

46,055

+5,725

2005

187,394

+7,499

1987

49,378

+3,323

2006

192,584

+5,190

1988

50,513

+1,135

2007

200,020

+7,436

1989

57,762

+7,249

2008

201,668

+1,648

1990

64,936

+7,174

2009

208,759

+7,091

1991

71,508

+6,572

2010

210,227

+1,468

1992

79,678

+8,170

2011

217,768

+7,541

1993

88,565

+8,887

2012

218,687

+919

1994

95,162

+6,597

2013

219,298

+611

1995

100,958

+5,796

2014

214,149

-5,149

1996

105,443

+4,485

2015

205,723

-8,426

1997

112,289

+6,846

2016

192,170

-13,553

1998

122,316

+10,027

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

 

Jurisdiction

1999 In prison or jail

1999 rate per 100,000 of all ages

2005 In prison or jail

2005 rate per 100,000 of all ages

2013 In

prison

or jail

2013

rate per

100,000

adults

2013

rate per

100,000

of all ages

State

1,714,931

666

2,007,434

679

2,012,400

830

636

Federal

173,059

58

179,220

58

215,100

90

68

U.S. total

1,887,990

724

2,193,798

737

2,227,500

910

704

Alabama

33,157

757

40,561

890

46,000

1,230

951

Alaska

2,837

459

4,678

705

5,100

940

691

Arizona

36,412

761

47,974

808

55,200

1,090

831

Arkansas

15,022

588

18,693

673

22,800

1,010

770

California

239,206

721

246,317

682

218,800

750

569

Colorado

21,043

520

33,955

728

32,100

790

608

Connecticut

16,776

511

19,087

544

17,600

620

488

Delaware

5,958

792

6,916

820

7,000

960

756

District of Columbia

8,226

1,594

3,552

645

2,400

450

369

Florida

119,679

790

148,521

835

154,500

990

788

Georgia

74,500

956

92,647

1,021

91,600

1,220

916

Hawaii

3,479

291

5,705

447

5,600

510

397

Idaho

6,634

531

11,206

784

10,200

860

632

Illinois

61,235

506

64,735

507

69,300

700

537

Indiana

30,025

506

39,959

637

45,400

910

690

Iowa

10,229

356