Last year, the House of Representatives proposed major changes in the 1994 Crime Act, including a $10 billion block grant measure (H.R. 728) that would give counties and cities flexibility to fund and design local criminal justice and prevention programs.
Although NACo supports the concept of flexible block grant funding, the association strongly opposed the block grant formula, which was unfavorable to a large number of counties.
In late December, President Clinton vetoed the bill. In his veto message, the president criticized the abandonment of the act’s prevention initiatives and made clear that he would “not sign any version of this bill that does not fund the COPS initiative as a freestanding discretionary program, as authorized.” Without sufficient votes to override the veto, the legislation now goes back to conference, where little progress is expected until after the November elections.
Presently, a continuing resolution funds the criminal justice activities until March 15 at reduced FY95 levels, including programs that the now-vetoed block grant bill had targeted for elimination in FY96 — the COPS Program, drug courts and Ounce of Prevention Program. The continuing resolution (P.L. 104-99) provides funding for these programs at 75 percent of FY95 levels.
Under current law, federal funds can be spent only on the construction or expansion of correctional facilities. Current law is also silent on how much funds states must share with counties, although it does require each state to submit “comprehensive” correctional plans to the U.S. attorney general for approval. The state is required to specify the role of local government in the overall plan.
In recent testimony, NACo has called on the Senate Judiciary Committee to develop legislation that would recognize counties as full partners with states in managing correctional systems. This would be consistent with a growing number of state and county partnership programs that are being developed throughout the nation.
To promote state-county partnership programs, NACo has urged the adoption of a mandatory pass-through of corrections funds based on the relative corrections expenditures of state and county governments.
The Juvenile Justice and Delinquency Prevention Act is up for reauthorization this year. Several years ago, NACo was successful in implementing a major new title dedicated to prevention at the local level (Title V). The title was funded at $13 million in FY94 and $20 million in FY95.
In a related action, Senator Nancy Landon Kassebaum’s (R-Kan.) Youth Development Community Block Grant (S. 673/H.R. 2807) was recently reported out of the Senate Labor and Human Resources Committee.
The legislation, with an authorization level of $900 million for FY96, builds on Title V. It creates youth development boards at the county level and directs funding to these county-wide structures based on a formula that gives equal weight to the size of the youth population, the proportion of the youth population living below the poverty line, and increases in the rate of serious juvenile crime.
The legislation represents a major breakthrough in collaborative decision making at the local level. The appointment of the local board reflects this collaborative process with input by the chief executive officer of the county; a mayor; and representatives from the local youth development, school and the drug abuse prevention communities.
The legislation, which NACo supports, establishes a community-driven, coordinated network that is accountable to the community. Its focus is prevention rather than crisis intervention. All block grant-funded programs must address community youth development priorities as defined by the local board.
(Prepared by Donald Murray, associate legislative director.)
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