CSSA Positions on Federal Legislation - 2008

 1/9/08 Urge Restoration of Funding to Byrne Justice Assistance Grant (JAG) Program.  CSSA expresses our very strong concern with the cuts that have been made to the Byrne Justice Assistance Grants (JAG) and strongly urge that the funding be restored in the pending Emergency Supplemental Appropriations bill.  The cuts represent a 75% drop in funds from $520 million in FY07 to $170.4 million in FY08. This is a severe reduction from what both the House and Senate included in their Commerce, Justice, Science and Related Agencies Appropriations bills just a few months ago. Since FY 2002, funding for Byrne/JAG has fallen dramatically from $900 million to now, $170 million – a cut of more than 80 percent.

 

Byrne JAG has allowed states and local law enforcement an opportunity to partner and innovate in areas such as crime prevention and control, drug courts, information-sharing strategies, gang prevention and suppression and the reduction of homegrown methamphetamine laboratories and their tremendously destructive effects, among many others.

 

A cut to Byrne JAG is a cut to local law enforcement, who are the nation’s first responders. At least three-fourths of every Byrne JAG dollar goes directly to local sheriffs and police departments. The remaining is used to support drug interdiction, substance abuse prevention and treatment, crime victims’ support programs, community corrections, rehabilitation, offender re-entry and juvenile justice programs.  It is also the only source of federal funding for the multi-jurisdictional drug task forces.

CSSA Positions on Federal Legislation - 2007

12/20/07 Support HR 3547 (Schiff) “The Gang Prevention, Intervention and Suppression Act.”
The bill is the House companion measure to S 456, the Feinstein-Hatch Gang Abatement and Prevention Act, which CSSA also supports. It will increase and enhance law enforcement resources committed to investigation and prosecution of violent gangs, would establish new laws and tougher penalties against those who commit gang-related crimes, authorize funding for witness protection programs, and invest in successful community programs to deter young people from joining gangs in the first place.

9/28/07 Support HR 1512 (Sanchez) re SCAAP Reimbursement Criteria. HR 1512 would provide for compensation to States incarcerating undocumented aliens charged with a felony or two or more misdemeanors. The bill would amend the SCAAP reimbursement criteria so that States can be reimbursed for the costs associated with incarcerating both convicted and accused undocumented aliens.

7/31/07 Oppose HR 555 (Rush) “The Family Telephone Connection Protection Act of 2007” which would establish unreasonable and restrictive requirements in order to provide telephone services to inmates.

 

5/21/07 Support S 456 (Feinstein) “The Gang Abatement and Prevention Act of 2007.”  S 456 would provide a comprehensive approach to the problem of violence by criminal street gangs.  The bill establishes new crimes and tougher federal penalties to deter and punish members of illegal street gangs and provides more than $1 billion in funding over five years for gang enforcement, prevention and intervention programs over five years.  The Attorney General would be required to designate certain locations as “High Intensity” Interstate Gang Activity Areas (HIGAA’s) and assistance would be provided in the form of criminal street gang enforcement teams made up of local, state and federal law enforcement authorities to investigate and prosecute criminal street gangs in each high intensity interstate gang activity area.

 

5/21/07 Support re Byrne Justice Assistance Grant (JAG) Program.  Strong support of reauthorization of $1.095 billion for the Edward Byrne Justice Assistance Grant (JAG) program.  The funding would provide the moneys to state and local law enforcement task forces and other agencies each year through FY 2012.  The Byrne-JAG grants program return on investment impact in protecting our communities is considerable.

 3/16/07 Strong Support of State Criminal Alien Assistance Program (SCAAP) – SCAAP provides federal assistance to states and localities that are incurring costs of incarcerating undocumented criminal aliens who have been convicted of state and local offenses and have been incarcerated for a minimum of four consecutive days.

Since 1995, Congress has never fully funded the SCAAP program.  Based on a 2005 GAO report, counties were reimbursed less than 25 percent of costs to incarcerate SCAAP criminal aliens.  CSSA urges that the program be funded at a minimum of $950 million for FY 2008.  Additionally, we strongly support modifying the SCAAP program's reimbursement criteria so that correctional facilities can be reimbursed for the costs associated with incarcerating both convicted and accused undocumented aliens. We believe that such a modification is both judicious and consistent with the legislative intent of SCAAP.

Under guidelines announced in 2003 by the Bureau of Justice Assistance (BJA), counties are no longer able to request reimbursement for undocumented aliens that are never convicted.  Furthermore, the new BJA standard creates a gap in reimbursement if the incarceration period and the conviction do not occur within the same fiscal year.  Under the agency's ruling, jurisdictions lose the right to be reimbursed for all pre-trial incarceration if the undocumented alien is not convicted until the subsequent fiscal year. This simple modification would help cash-strapped counties recover a portion of the costs associated with the burden of incarcerating undocumented immigrants.

3/9/07 Oppose HR 555 (Rush) “The Family Telephone Connection Protection Act of 2007” which would establish unreasonable and restrictive requirements in order to provide telephone services to inmates.

 

CSSA Positions on Federal Legislation - 2006

6/27/06 Concern re criteria and methodology used for determining funding allocations under the Urban Areas Security Initiative (UASI) program. For FY 2006, San Diego and Sacramento were not ranked as high-risk cities by the Department of Homeland Security (DHS), which prompts CSSA’s question of the DHS funding process.

Sacramento is the capital of the most populous state in the nation and home to dozens of critical federal and state government buildings. In addition, much of the state's water, electricity, and telecommunication systems are managed from Sacramento. The San Diego area contains the nation's 7th-largest city adjacent to a heavily trafficked international border, a busy port, tourist attractions, and major military installations.

CSSA is also concerned that homeland security funding for state and local assistance grants has been reduced. California is successfully using these grants to build important capabilities including intelligence gathering and analysis, exercises and training, and interoperable communications. We urge the funding level for these vital areas be restored. It is also very important that the rural areas in our state receive appropriate consideration. Many of these areas are sites of significant water systems, dams and other vital infrastructure for California.

There has been substantial debate with respect to how domestic preparedness dollars should be allocated to state and local governments. While we support the continuing efforts to ensure that the bulk of local homeland security assistance is distributed based on an assessment of risks and vulnerabilities, there must be better collaboration with state, local, and private sectors as the assessment process moves forward. We ask that DHS develop future plans and strategies only after soliciting input and discussion from all involved.

California’s Sheriffs are committed to keeping our communities safe, combating terrorism and preparing for and responding to emergencies. Your support in ensuring we have the necessary resources is critical to this mission and will enhance the safety and security of Californians and all Americans.

6/12/06 Support re Byrne-JAG Program. Urge support to approve $900 million for the FFY 2007 Byrne-JAG program. This $900 million is the same level of funding that was included in this year's congressional budget resolution, which was strongly supported and is very much needed by law enforcement. Information provided by the National Sheriffs’ Association on the national impact of Byrne-JAG grant recipients in just one year reveals that the program's return on investment in protecting our communities is considerable. Below is the most recent data available regarding Byrne-JAG from the U.S. Department of Justice combined with results of an informal survey of all states conducted by the Iowa Governor's Office of Drug Control Policy.

Multi-Jurisdictional Drug Enforcement Task Force Activity:
2,794 Personnel / 221,475 Drug Arrests (79 per FTE)
17,991 Kilograms of Cocaine Seized (6 Kilograms per FTE)
5,452 Kilograms of Methamphetamine Seized (2 Kilograms per FTE)
1,177 Kilograms of Heroin Seized (0.4 Kilograms per FTE)
855,309 Pounds of Processed Marijuana Seized (306 Pounds per FTE)
8,982 Meth Lab Responses (3 Responses per FTE)
54,050 Weapons Seized (19 Weapons per FTE)

Community & Neighborhood Crime Prevention Activity:
6,788,387 Citizens Involved in Crime Prevention Projects
134,966 Juveniles Served by Crime Prevention Projects

Treatment of Drug Offenders & Correctional System Improvements Activity
49,866 Offenders Received Prison, Jail or Detention-Based Treatment
56,186 Offenders Received Community-Based Treatment

3/31/06 Support re Law Enforcement Programs Funding. Urge support as Congress considers the budget for fiscal year 2007. The programs include the Byrne Memorial Justice Assistance Grant (JAG) program, the Community Oriented Policing Program (COPS) and the State Criminal Alien Assistance Program (SCAAP). These are important and effective programs. SCAAP provides federal assistance to states and localities that are incurring costs of incarcerating undocumented criminal aliens who have been accused or convicted of state and local offenses and have been incarcerated for a minimum of four consecutive days. The Byrne discretionary grants provide needed support for drug task forces in California.

3/31/06 Support FY 2007 Funding for the Bureau of Justice Assistance (BJA) State Automated Victim Notification (SAVIN) grant program at $12 million. Statewide automated victim notification programs provides victims the ability to receive up-to-date information about the custody status of their offenders, and the court status of their cases, over the telephone or via the Web.

3/31/06 Oppose HR 4466 (Rush) “The Family Telephone Connection Protection Act of 2005” which would establish unreasonable and restrictive requirements in order to provide telephone services to inmates.

1/30/06 Support the Violence Against Children Act (VACA) (Boxer). The bill would provide a comprehensive approach to combating violent crimes against children. It creates a new federal crime for willfully injuring or attempting to injure a child, punishable by up to 10 years in prison. If the crime is kidnapping, aggravated sexual abuse or murder, the maximum penalty will be life in prison. The Act will also provide law enforcement with resources necessary to combat these crimes to include specialized training and funding for creating law enforcement units dedicated to handling crimes against children. The bill addresses violence against children on a number of important levels, providing areas of training, enforcement and investigation, prosecution and sentencing as well as recognizing the importance of the medical and psychological needs of crime victims and their families.

1/30/06 Support HR 3900 (Drier), the Peace Officer Justice Act. The legislation would make it a federal crime to murder any peace officer in the line of duty and flee to another state or foreign country to escape prosecution. The bill would enhance the punishment for cop-killers and those who aid them, providing priority to state/local prosecutors in such cases and clarifying that state/local jurisdiction is not superseded. Further, it urges renegotiation of the U.S. - Mexico Extradition Treaty to resolve the death penalty/life imprisonment roadblock.

1/30/06 Support S 1789 (Specter), the “Personal Data Privacy and Security Act of 2005.” The bill addresses prevention and mitigation of identify theft.

1/30/06 Support of the federal “DNA Fingerprint Act,” which has been incorporated in Section 1001 of S 1197 (Biden). This measure will extend California’s Proposition 69 initiative to the national level by expanding the National DNA Index to include arrestee and legally obtained samples.

CSSA Positions on Federal Legislation - 2005

9/29/05 Support Amendment to HR 3057 (Deal) the FY 2006 Foreign Operations Appropriations bill, which would prohibit funding assisance to countries that refuse to extradite cop killers back to the United States .

9/26/05 Support of HCR 85 (Filner) which would express the sense of Congress that a postage stamp be issued to honor law enforcement officers killed in the line of duty and that the Citizens’ Stamp Advisory Committee recommend to the Postmaster General that such a stamp be issued.

9/16/05 Support of HR 1751 (Gohmert) “Secure Access to Justice and Court Protection Act of 2005,” as amended to delete Section 20 of the bill . The bill strengthens protections for the American judicial system by increasing penalties for threats against judges and courtroom personnel. CSSA notes the deletion of Section 20 of the bill, which would have altered the selection and appointment process of United States Marshals by moving it to the Attorney General and limiting appointment to only those working in the Federal Civil Service System. CSSA believes it important that the current law stay in place, which provides that United States Marshals are appointed by the President, by and with the advice and consent of the Senate.

9/7/05 Urge Restoration of Funding for Key State And Local Law Enforcement Assistance Programs as contained in the FY 2006 Commerce-Justice-State Appropriations bill (HR 2862) . These programs include the Byrne Memorial Justice Assistance Grant (JAG) program, the Community Oriented Policing Program (COPS) and the State Criminal Alien Assistance Program (SCAAP). Under HR 2862, funding for all three of these programs, as well as a number of other important crime fighting initiatives, is significantly decreased from 2005 levels, or in some cases, is eliminated altogether. CSSA urges restoring and continuing funding for these critical resources.

7/25/05 Oppose Merging or Transfer of Department of Justice functions, specifically the Office of Domestic Preparedness (ODP), to the Federal Emergency Management Administration (FEMA). (HR 1817) . This subject has been considered for several years. CSSA strongly believes that the role and authority of law enforcement be maintained as currently structured. ODP must be maintained as a separate and distinct entity focused on its mission of being the lead federal agency responsible for the preparedness of the United States .

7/25/05 Support HR 1602 “G rants for DNA Backlog Prosecutions Act.” The legislation will direct the Attorney General to make grants to train and employ personnel to help prosecute cases cleared through the use of funds provided for DNA backlog elimination. It will authorize an appropriation of $100 million for each of fiscal years 2006 through 2010 to carry out its provisions.

7/11/05 Support – Identity Theft Legislation.

• S 29 – t he “Social Security Number Misuse Prevention Act.” The bill would regulate the use of Social Security numbers by government agencies and private companies by prohibiting the sale or display of the numbers to the general public, and by requiring Social Security numbers to be taken off of public records published on the Internet.
• S 116 – the “Privacy Act of 2005,” The bill would set national standard for protecting personal information such as Social Security numbers, driver's licenses, and medical and financial data including information collected both online and offline. We note that the bill is modeled on California ’s financial privacy law and would require companies to let consumers “opt in” before their most sensitive information such as Social Security numbers, driver’s licenses, and health and financial records is shared. The legislation would also give consumers the choice to “opt out” when less sensitive information such as names and addresses is exchanged.
• S 751 – the “Notification of Risk to Personal Data Act.” The bill would require Federal agencies and persons engaged in interstate commerce in possession of data containing personal information to disclose any unauthorized acquisition of such information.
  
  

4/8/05 Support – S 2464, the “Ryan Haight Internet Pharmacy Consumer Protection Act.” S 2464 address the growing problem of sales of prescription drugs over the Internet without valid prescriptions. The bill sets needed requirements for Internet pharmacies by (1) setting new disclosure standards for the sites; (2) barring Internet sites from selling or dispensing prescription drugs to consumers who are provided a prescription solely on the basis of an online questionnaire; and (3) allowing State Attorneys General to go to federal court to shut down rogue sites. S 2464 provides states with new enforcement authority modeled after the Federal Telemarketing Sales Act that will allow a state attorney general to shut down a rogue site across the country, rather than only bar sales to consumers of his or her state.

4/8/05 Support – S 155, the “Gang Prevention and Effective Deterrence Act of 2005 .” S 155 is a comprehensive criminal bill to increase gang prosecution and prevention efforts. S 155 authorizes $400 million over the next five years to support Federal, State and local law enforcement efforts against violent gangs, including witness protection programs and an additional $350 million over the next five years for intervention and prevention programs for at-risk youth. The bill provides for increased funding for federal prosecutors and FBI agents to increase coordinated enforcement efforts against violent gangs and creates a new, RICO-like anti-gang section to penalize those who commit or conspire to commit crimes in furtherance of a criminal gang. S 155 c reates a new High Intensity Interstate Gang Activity Area program to facilitate cooperation between local, state and federal law enforcement in identifying, targeting, and eliminating violent gangs in areas where gang activity is particularly prevalent and enacts a limited reform of the juvenile justice system with judicial oversight to facilitate federal prosecution of 16 and 17 year old gang members who commit serious acts of violence.

4/8/05 Support – S 103, the “ Combat Meth Act.” S 103 addresses the tremendous problem of production of methamphetamine by moving pseudoephedrine, the primary ingredient to make meth, behind the pharmacy counter.

S 103 includes some important features that will help law enforcement:

• Provides an additional $15,000,000 under the COPS program to train state and local law enforcement to investigate and lock-up methamphetamine offenders and expands the methamphetamine "hot spots" program to include personnel and equipment for enforcement, prosecution and environmental clean-up.
• Provides $5,000,000 to hire additional federal prosecutors and train local prosecutors in state and federal meth laws and cross-designates them as Special Assistant U.S. Attorneys, allowing them to bring legal action against cooks and traffickers in federal courts under tougher guidelines.
• Provides $5,000,000 in grant funding for Drug Endangered Children rapid response teams to promote collaboration among federal, state, and local agencies to assist and educate children that have been affected by the production of methamphetamine.
• Authorizes the creation of a Methamphetamine Research, Training and Technical Assistance Center , which will research effective treatments for meth abuse and disseminate information and technical assistance to states and private entities on how to improve current treatment methods.
  
  

4/7/05 Support - State Criminal Alien Assistance Program (SCAAP) Funding . CSSA support s preserving the funding for the State Criminal Alien Assistance Program (SCAAP) and to reinstate reimbursements to state and local governments for illegal aliens accused of qualifying crimes.

4/7/05 Oppose - Cuts to the High Intensity Drug Trafficking Area (HIDTA) program fun ding and proposed elimination of all Byrne discretionary grants that help support other drug task forces in the state . CSSA is opposed and deeply concerned with the President’s FY 2006 National Drug Control budget proposal. This proposal includes a $128 million reduction in the High Intensity Drug Trafficking Area (HIDTA) program funding from $228 million in FY 2005 to $100 million in FY 2006. Only select, big city HIDTA programs will receive funds following this severe funding reduction. Another area of concern for California Sheriffs is the proposed elimination of all Byrne discretionary grants that help support other drug task forces in the state. This funding is used to offset the high costs of this critical public safety function. These proposals will severely weaken the federal, state and local partnerships that have developed over the years in combating California ’s drug problems and the successes achieved.

 

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