[Code of Federal Regulations]
[Title 28, Volume 2]
[Revised as of July 1, 2003]
From the U.S. Government Printing Office via GPO Access
[CITE: 28CFR91.10]

[Page 395-396]
 
                    TITLE 28--JUDICIAL ADMINISTRATION
 
              CHAPTER I--DEPARTMENT OF JUSTICE (Continued)
 
PART 91--GRANTS FOR CORRECTIONAL FACILITIES--Table of Contents
 
           Subpart B--FY 95 Correctional Boot Camp Initiative
 
Sec. 91.10  General.


    (a) Scope of boot camp program. Funding is appropriated in fiscal 
year 1995 to provide grants to states and multi-state compacts to plan, 
develop, construct and expand correctional boot camps for adults and 
juveniles.

[[Page 396]]

    (b) Adult and juvenile boot camps, referred to as ``correctional 
boot camps,'' are programs that ``provide a structured environment for 
delivering non-traditional corrections programs to criminal offenders.''
    (c) With respect to this program, the mandates of the Juvenile 
Justice and Delinquency Prevention Act (42 U.S.C. 5601 et seq.) shall 
apply.
    (d) Eligibility. (1) Funding is available for both adult and 
juvenile boot camps. To be eligible for the funding of boot camps, 
states must comply with the general assurances in Sec. 91.3(b) or 
demonstrate steps taken toward compliance. While the majority of 
assurances are applicable to the adult correctional system, those states 
applying for grants for juvenile boot camps must include the juvenile 
system in the state comprehensive correctional plan and demonstrate how 
construction of the boot camp will make secure space available to house 
violent juvenile offenders.
    (2) For purposes of the FY '95 boot camp program, a ``violent 
felony'' means any crime punishable by imprisonment for a term exceeding 
one year, or an act of juvenile delinquency that would be punishable by 
imprisonment for such term if committed by an adult, that:
    (i) Involves the use or attempted use of a firearm or other 
dangerous weapon against another person, or
    (ii) Results in death or serious bodily injury to another person.
    (3) States must document that the boot camp program does not involve 
more than six-months confinement (not including confinement prior to 
assignment to the boot camp) and includes:
    (i) Assignment for participation in the program, in conformity with 
state law, by prisoners other than prisoners who have been convicted at 
any time of a violent felony;
    (ii) Adherence by inmates to a highly regimented schedule that 
involves strict discipline, physical training and work;
    (iii) Participation by inmates in appropriate education, job 
training, and substance abuse counseling or treatment; and
    (iv) Post-incarceration aftercare services for participants that are 
coordinated with the program carried out during the period of 
imprisonment.
    (4) States must provide assurances that boot camp construction will 
free up secure institutional bed space for violent offenders.
    (e) Evaluation. (1) Recipients will be required to cooperate with a 
national evaluation team throughout the planning and implementation 
process. Recipients are also strongly encouraged to provide for an 
independent evaluation of the impact and effectiveness of the funded 
program.
    (2) Jurisdictions are strongly encouraged to engage in systematic 
planning activities and to develop and evaluate boot camps as part of a 
comprehensive and integrated correctional plan.
    (f) Limitation on funds. Grant funds cannot be used for operating 
costs. States will be required to show how operating expenses will be 
provided.
    (g) Matching requirement. The federal share of a grant received may 
not exceed 75 percent of the costs of the proposed boot camp program 
described in the appoved application. The matching requirement can only 
be met through a hard cash match, and must be satisfied by the end of 
the project period; facility operating expenses may not be used to meet 
the match requirement for the construction project supported. Match may 
be made through grantee contribution of construction-related costs. A 
certification to that effect will be required of each recipient of grant 
funds.
    (h) Innovative boot camp programs. Jurisdictions are encouraged to 
explore the development of ``innovative'' boot camp programs which 
incorporate principles based on the accumulation of research and 
practical experience, and reflect sound and effective correctional 
practice.