Copyright 1999 Federal Document Clearing House, Inc.
FDCH Political Transcripts
March 16, 1999, Tuesday
TYPE: COMMITTEE HEARING
LENGTH: 15339 words
COMMITTEE:
HOUSE APPROPRIATIONS SUBCOMMITTEE ON COMMERCE, JUSTICE, STATE,
AND
HEADLINE: U.S. REPRESENTATIVE HAROLD ROGERS (R-KY)
HOLDS A HEARING ON FISCAL YEAR 2000 COMMERCE, JUSTICE, STATE, AND JUDICIARY
APPROPRIATIONS
LOCATION: WASHINGTON, D.C.
BODY:
HOUSE COMMITTEE ON APPROPRIATIONS
SUBCOMMITTEE ON COMMERCE,
JUSTICE, STATE AND JUDICIARY HOLDS HEARING ON
FISCAL YEAR 2000 APPROPRIATIONS
MARCH 16, 1999
SPEAKERS:
U.S. REPRESENTATIVE HAROLD ROGERS (R-KY), CHAIRMAN
U.S. REPRESENTATIVE
JIM KOLBE (R-AZ)
U.S. REPRESENTATIVE CHARLES H. TAYLOR (R-NC)
U.S. REPRESENTATIVE RALPH REGULA (R-OH)
U.S. REPRESENTATIVE TOM
LATHAM (R--IA)
U.S. REPRESENTATIVE DAN MILLER (R-FL)
U.S.
REPRESENTATIVE ZACH WAMP (R-TN)
U.S. REPRESENTATIVE JOSE E. SERRANO
(D-NY),
RANKING MEMBER
U.S. REPRESENTATIVE JULIAN C. DIXON
(D-CA)
U.S. REPRESENTATIVE ALAN MOLLOHAN (D-WV)
U.S.
REPRESENTATIVE LUCILLE ROYBAL-ALLARD (D-CA)
WITNESSES: LAURIE
ROBINSON, ASSISTANT ATTORNEY GENERAL
SHAY BILCHIK, ADMINISTRATOR, OFFICE
OF JUVENILE
JUSTICE
JOSEPH BRANN, DIRECTOR, OFFICE OF COMMUNITY-
ORIENTED POLICING
*
ROGERS: We will come to order.
We are pleased to welcome this afternoon Laurie Robinson, the assistant attorney
general for the Office of Justice Program; Shay Bilchik, the administrator of
the Office of Juvenile Justice and Delinquency Prevention; and Joseph Brann, the
director of the Office of Community-Oriented Policing Services, also known as
the COPS Programs.
Your agencies represent the federal government's
primary assistance to state and local law enforcement agencies in their fight
against crime in our communities. You are responsible for administering grants
totaling over $3 billion, an amount that has increased over 100 percent from
fiscal '95 through fiscal '99. And that covers a full arsenal of programs from
adding more police officers, building new prisons, addressing domestic violence
and combating and preventing juvenile crime.
I'm concerned that the
administration proposes cutting important programs with proven records, such as
the state prison grant; local law enforcement block grant; and juvenile
accountability block grant. And initiating other programs without track records.
Obviously, money is not the only answer, because not only has the
federal crime effort substantially increased, but state and local governments
are also spending more and more all for the sake of our struggle to reduce
crime.
We all have ideas about how best to tackle these problems.
And with the limitations on funding that we face, we will have to pool our
knowledge, talent and resources to make sure that we're investing in truly
effective programs. You're the experts. You must look closely at state and local
needs and to recommend strategies for them that work and make a difference.
Your leadership is essential to addressing the crime and drug
problems facing this country, and we expect you to give it everything that you
have.
We will continue to support you as we have over the past years
to the best of our ability, to give you the resources you need to address the
most significant crime problems.
We will include your written
statements in the record. And we will invite you to summarize your statements,
hopefully, within five minutes, please. But we won't bang the gavel.
(LAUGHTER)
And I think ladies first. So, ma'am
(OFF-MIKE) let you (OFF- MIKE).
ROBINSON: Mr. Chairman, thank you so
much for having us here again this year to talk about the important work that
we're doing together to ensure that states and localities have the funding and
the help they need to combat crime and ensure public safety.
And I
want to specifically express my appreciation to you, Mr. Chairman, for this
committee's bipartisan support over a number of years now to OJP.
As
you know, crime rates are down again this year for the sixth year in a row. The
programs we're proposing in the budget are designed to build on this momentum
and on what we've learned about what works in reducing crime. And back to the
earliest days of our program, three decades ago in LEAA, it's clear to me that a
mix is needed of block grant funds, discretionary monies, technical assistance,
research and training.
It's also clear, however, that physical
choices have to be made by the administration within spending levels available.
I'd like to briefly highlight today five critical areas where we
propose to target OJP funds in the next fiscal year to build on efforts that are
making our communities safer.
First, the important task of ensuring
offender accountability through programs we know have an impact. Our research
has shown over and over the link between drug use and crime. And we know from
that research that coerced treatment -- while we have offenders in the system --
works.
We also know that transition treatment under post-release
supervision is really essential to making those changes in behavior stick. So,
we propose to continue and expand the successful RSAT drug treatment and prison
program, as well as the drug court program.
And we also propose a
new drug testing sanctions and intervention initiative to help primarily local
communities hold drug-involved offenders who are out on probation or parole,
hold them responsible for changing their behavior, getting off drugs and staying
away from offending.
A second important focus for OJP is enhancing
criminal justice technology. Law enforcement professionals tell us today that
they need a solid, technological infrastructure if they're going to fight crime
effectively. They need computer hardware and software for crime mapping. And
they need resources to help reduce the backlog of DNA samples in our nation's
crime labs. They need interoperable wireless communications, and they need
sophisticated technology to improve their forensic science capabilities.
The funding we're seeking today can't bring to scale this technology for
every jurisdiction in the country. But I think it can play a vital role by
providing seed money for pilot projects, demonstration programs, and
importantly, advances in our knowledge.
Third, OJP will also
continue its focus on addressing crime and drug abuse by juveniles. And my
colleague, Mr. Bilchik, will be addressing that in further detail. But I think
it's important that we recognize that despite the statistics showing declines in
juvenile crime, that we know that this remains very much a continuing concern.
So, among other proposals in the budget, we're requesting $20
million for the next fiscal year, a $10 million increase for the drug prevention
demonstration program which you started two years ago, Mr. Chairman. And we're
seeking funding as well for a new youth gun violence initiative, recognizing
that the impact of gun violence on young people remains tragically high.
I was shocked recently, as a mother myself of a 15 year-old boy, to
read that a teenager today is more likely to die of a gunshot wound than of any
disease. So we're proposing in the budget an initiative that builds on a pilot
effort now underway in four cities to aggressively address juveniles' illegal
access to guns.
The fourth area I want to highlight is enhancing
community-based public safety efforts. I view OJP's role here as one of
providing hands-on technical assistance; knowledge and funding support to
empower local communities, to help them identify their many crime problems,
develop a comprehensive strategy to address those specific needs, and then
implement efforts to put those plans into action. We've seen how successful that
approach can be.
For example, through the Weed and Seed program,
which as you know was developed by the last administration, and is now underway
in some 200 communities around the country. And it's been so effective in
reducing crime, in revitalizing neighborhoods and increasing public confidence
in law enforcement.
The final area I'd like to mention this
afternoon is counterterrorism domestic preparedness. And I want to thank you,
Mr. Chairman, and the Congress for your vital support in this area.
OJP is proud to be a key part of the Justice Department's team
that's tackling this issue, working with the FBI and our other federal partners.
And while this may be a new mission for OJP, working in close partnership with
state and local jurisdictions is not. We're now putting this experience to work
to aggressively address the problem of state and local domestic preparedness.
Over the last few months, I've had the chance to visit the five
counterterrorism training centers for first responders that we help support and
to talk to those front line people, the first responders, about their needs in
this critical area. And from those discussions and those visits, it's clear to
me that our budget request for training, technical assistance and equipment
funding can go a long way in helping to provide those needed resources.
In conclusion, Mr. Chairman, I recognize that this budget request may
not be everything that you or I might want it to be. But I pledge my personal
commitment to working with you to ensure that state and local criminal justice
practitioners have the resources they need to protect our nation's communities,
and I look forward to continuing to work with you towards this goal. And, of
course, I'd be happy to answer your questions.
Thank you so much.
ROGERS: Thank you.
Mr. Bilchik.
BILCHIK: Mr.
Chairman, members of the subcommittee, it's my pleasure to be here today to
discuss the activities of the Office of Juvenile Justice and Delinquency
Prevention. I'm able to report to you today that with the support provided by
Congress, the Department of Justice has been able to effectively partner with
communities and state and local jurisdictions in addressing juvenile crime.
It is true that youth crime is still a serious problem. However, as
Ms. Robinson noted, I believe we are making progress, we're moving in the right
direction. After steady increases from 1989 to 1994, the juvenile arrest rate
for Part I violent crimes has dropped for three straight years, falling 23
percent during the time period of 1994 to 1997. Every type of violent crime
index offense has declined significantly. This includes a 43 percent drop in the
juvenile murder arrest rate from 1993 to 1997.
This positive trend
is due in part to a movement towards a balanced approach to attacking juvenile
crime, one that combines prevention programs for at-risk youth with early
intervention and sanctions that hold offenders accountable at every stage of the
juvenile justice system.
Entire communities, with the support that
you have provided, are coming together -- law enforcement, schools, businesses,
youth services and the faith community -- to protect our children, to hold them
accountable and to steer them away from crime and drug abuse.
As a
nation, we can celebrate these achievements, but we cannot rest. Although
juvenile violent crime rates are falling and are now approximately where they
were in 1990, they're still 23 percent above where they were as recently as
1988.
Mr. Chairman, we recognize that juvenile crime is primarily a
state and local issue. Our federal role is to provide assistance and guidance
through support the research, evaluation and statistics, the seeding,
demonstration and replication of effective programs, training and technical
assistance and information sharing.
I can assure you that we will
continue to work with state and local communities toward balanced, comprehensive
and community-wide approaches to preventing and combating juvenile crime.
I would like to highlight some of our recent work and outline our
objectives for the future through this budget.
Since 1993, the
office has promoted a comprehensive strategy for serious, violent and chronic
juvenile offenders, which has served as our foundation for our programming. The
strategy is based on three decades of research on what causes delinquency and
what works to address it, emphasizing six key areas of activity:
Strengthening families;
Supporting core social
institutions;
Promoting prevention as the most cost-effective
approach to reduce delinquency;
Intervening immediately and
effectively at the first sign of high-risk behaviors that can lead to
delinquency;
Establishing a system of graduated sanctions designed
to hold every offender accountable;
Identifying and controlling the
small percentage of serious, violent and chronic juvenile offenders who account
for the great majority of serious and violent juvenile crime in this country.
This type of work, which is taking hold across the country, needs to
be supported by a range of prevention and intervention programs addressing the
most critical issues facing our community today: Violence in our families,
schools and communities; gang activity; drugs; guns in the hands of juveniles;
and juvenile crime in our tribal communities.
The tools we have to
attack these problems include program support for activities that through the
research of OJJDP and other institutes and organizations, we know can work:
Mentoring; strategies that attack gangs; community-based delinquency prevention
programs that mobilize communities around juvenile gun violence reduction;
school and community-based substance abuse reduction efforts; multi-
disciplinary school violence reduction strategies which involve the broad
community; and programs that reduce child abuse and neglect and the
victimization of children and interrupt the cycle of violence we are seeing in
this country.
The president's budget request for OJJDP and the
department seeks support for each of these areas of activity and complements
this support with several other proposed budget increases which provide funding
for community prosecutors, community crime prevention, drug courts and drug
testing of offenders, among others.
Mr. Chairman, we are having
success and we're getting the word out to communities around the country about
how to be successful. In 1998, we distributed over 3.5 million copies of our
publications, a 45 percent increase from 1997. We received over 44,000 requests
from communities and individuals for information about what work, a 14 percent
increase over 1997. And our Web site was visited over 90,000 times in 1998. We
sponsored six national satellite teleconferences, each on average attended by
13,000 people. We also provided support to 136 national and local conferences.
I want to thank the subcommittee for the support it's provided to
OJJDP in the past. And I look forward to working with you, Mr. Chairman, and
members of the subcommittee in the future to continue the progress we have seen
over the past several years. I'd be pleased to respond to any questions that you
may have.
Thank you very much.
ROGERS: Mr. Brann.
BRANN: Mr. Chairman and members of the subcommittee, I'm very
pleased to appear before you once again on behalf of the Office of
Community-Oriented Policing Services.
Today, what I'd like to do is
to update you on the progress of the COPS office and share with you some really
real results that communities are achieving with the help of these grants across
the country, and also to discuss the administration's budget request to continue
the work of the COPS office in fiscal year 2000.
I am pleased to
report today that the COPS office will, this year, achieve its' goal of funding
100,000 additional community policing officers, under budget and ahead of
schedule.
We're seeing results from Bangor, Maine to San Diego,
California, from North Pole, Alaska to Brownsville, Texas. Across this country
COPS grants are funding the hiring and redeployment of over 92,000 community
police officers. And more than 50,000 of these new officers are already on the
beat and fighting crime in their communities.
I think it's
reasonable to ask why there are not even more COPS- funded officers on the beat.
I do have a chart here that I think may be helpful in explaining this. This
addresses primarily the recruitment and hiring and selection process and
training process. It does not address the local fiscal steps that an agency has
to go through. But in looking at this, what we see typically, it takes seven to
10 months for a recruitment to go through the actual process related to the
outward selection, then bringing those folks in for the various testing programs
that they go through. Once that's completed, we're still looking at six to eight
months on average for a police academy (ph) throughout this country.
So, as you can see, the answer is actually tied to challenges of the
local police hiring practices. And in the course of my career, I did at one time
serve as the commander for personnel and training operations in Santa Ana,
California. I found that my experience is consistent with this. Also,
ultimately, in addition to this, what we've found is about five out of every 100
applicants that begin this process will actually be successful, make it all the
way through the process and actually go out there on the street to function as a
police officer.
My colleagues in law enforcement across this country
tell me that this experience is not unusual. And in my opinion, it should not
be, either. As a former police chief, I can tell you, I can assure you from
personal experience that it is dangerous and foolish to rush unprepared officers
into service prematurely.
As to our second goal with advancing
community policing, the COPS office continues to help local law enforcement
implement innovative and effective community policing strategies. Community
policing has become law enforcement's principal weapon in the fight against
crime. And the reason for this is that community policing works.
I
can attest to this based on nearly 30 years in the law enforcement arena, having
risen through the ranks from that of a patrol officer in Santa Ana, California
to that of a police chief in Hayward, California. I've witnessed and experienced
first hand the benefits and the impact of community policing.
As the
director of the COPS office for the past five years, I've had the privilege of
visiting many communities across this country -- large and small agencies and
urban and rural ones, as well. I've seen how COPS funding has served as a
catalyst for this revolutionary shift that we're seeing, that we're
experiencing, towards community policing.
Community policing and the
COPS program are reducing crime in communities all across the country. In
Boston, violent crime is at a 30-year low. In Mesquite, Texas, they recently
reported that they are experiencing the lowest crime rate they've had in 25
years. In Reno, Nevada, gang crime has plunged 40 percent in the last year
alone. And right across the river here, in Arlington, Virginia, burglaries have
dropped to their lowest level reported in nearly 40 years.
In
addition, there are a number of binders that I have here in the back of the room
that contain just some examples of how COPS funds and community policing are
making a very real difference in the lives of Americans.
Crime has
now dropped for six-and-a-half consecutive years in nearly every region of the
country. In the last six years, violent crime has dropped more than 20 percent
and the murder rate has now fallen to its lowest level in 20 years, I'm sorry,
in 30 years.
Now, I would not sit here and tell you that the COPS
program is solely responsible for this dramatic decrease in crime. I can,
however, tell you that the number of officers in the street is up, and this
increases every day. Police chiefs, sheriffs and criminal justice experts say
that more police doing community policing means less crime.
I'd now
like to turn to the administration's budget request for the COPS office for
fiscal year 2000.
ROGERS: I wonder if we could interrupt your
testimony. We have a vote on the floor, and the time's just about out. We're
going to take about a two-minute recess.
BRANN: OK.
ROGERS: So, hold that thought.
(LAUGHTER)
(RECESS)
BRANN: The COPS office will reach its goal of
funding 100,000 community policing officers in fiscal year '99. And we are proud
of this accomplishment, but I think really now is not the time to sit back and
simply pat ourselves on the back.
Crime is down, but it is still far
too high. In 1997 alone, there were more than 18,000 murders in this country.
And when you think about that in terms of the human impact and social
consequences, that is a truly frightening number. It represents 18,000 of our
family and friends, 18,000 of your constituents, and it's 18,000 too many.
That's one of the reasons that we're requesting a total of $1.27
billion to add more officers to the street, to support measures to engage the
entire community in preventing crime, to fund community prosecutors and to
provide local law enforcement with the technology needed to keep pace with
increasingly sophisticated criminals.
We are requesting $365.7
million to hire or redeploy additional community policing officers. We need to
continue to add officers to the street, especially in those areas that have not
benefited from this historic drop in crime. We also need help in economically
distressed communities to keep their officers on the street. With this in mind,
we are targeting $50 million for a retention program.
This
subcommittee has wisely provided local law enforcement with the funds necessary
to make great strides in the fight against crime. But if we're going to continue
to drive crime rates down, and to keep them down, we must take the logical next
steps in community policing. That is why we are proposing a $125 million
comprehensive community crime prevention program to prevent juvenile crime,
recruit seniors to help police, establish citizen problem-solving academies, and
promote these partnerships with other service providers.
To build on
the success of community policing, we are also proposing $200 million to help
communities hire community-based prosecutors and establish or expand innovative
community prosecution programs.
I think you would all agree with the
need to make officers on the front line more effective by providing the with the
best available technology. For that reason, we're seeking $350 million for vital
crime-fighting technologies. This technology program will promote
telecommunications and systems compatibility among criminal justice agencies;
foster improvements of the forensic science capabilities of state and local
agencies; and encourage the use of technology to predict and prevent crime.
Finally, for the management and the administration of the COPS
office, we are requesting $36 million from the total program dollars.
Again, I would like to thank you for the opportunity to testify. And I
especially want to acknowledge and thank this subcommittee for your support of
local law enforcement. I look forward to continuing to work with you. On behalf
of the COPS office, I do appreciate your consideration of this budget request,
and I'd be pleased to answer any questions you might have.
ROGERS:
Thank you for your testimony.
Mr. Serrano, do you have any opening
comments you'd like to make?
SERRANO: Mr. Chairman, just to thank
these good folks for appearing before us and apologize for not being here at the
beginning of the testimony. We were caught up in -- where I was and where the
chairman was, and he was where he was supposed to be and I wasn't.
(LAUGHTER)
I apologize for that, and I will have some
questions later because this hearing is of great interest to me and the people
that I represent.
Thank you.
ROGERS: General Robinson,
once again this year, the administration's budget eliminates the local law
enforcement block grant, as you have since time immemorial.
(LAUGHTER)
That puts this committee in the position of
finding additional funds from other programs to continue to support much needed
assistance for local communities' crime efforts.
I would also point
out that the Congress has been fair about supporting the COPS program over the
last three years, even though the administration continues to eliminate the
block grant program, which was the congressional alternative to the COPS
program.
The attorney general told us at her hearing that the
department requested funding for the block grants of OMB. And that the --
obviously, the White House nixed it.
You mentioned in your statement
the need for a balanced mix of programs, both discretionary and formula grants,
to address various crime problems in communities. Do you agree that the block
grant is critical to that balance in order to support local communities' crime-
fighting efforts?
ROBINSON: Mr. Chairman, as you know, because I
have made this statement in prior hearings, we are very proud of the way that
we've implemented the local law enforcement block grant program. We've set up a
new automated system throughout Bureau of Justice Assistance, and we've been
able to move roughly 2,700 grants on a very good schedule out to localities. And
we've seen a lot of good work done with that funding.
As a criminal
justice professional, it is my view that what is needed is a mix, as I indicated
in my statement. A mix of block grants, discretionary, technical assistance,
research statistics and training. I think that the local law enforcement block
grant program -- as you know, the department did request that funding from OMB
-- has been an integral part of the mix of programs that we've offered.
As you also are aware, the administration, looking at spending caps
that were in existence, as well as tough choices among competing priorities,
made a different decision on that and coming back with a mix of programs. But we
do believe that the local law enforcement block grant program has been
implemented well, and has served in many ways as a complementary program to COPS
and other programs within the funding mix.
ROGERS: Well, the local
law enforcement block grant will have provided over $1.1 billion over the last
two years to local communities to fight crime: Hire cops, pay overtime, buy
equipment, technology, for law enforcement officers. Crime prevention programs,
security measures, in and around schools and other places; to enhance the
adjudication of criminals -- that is, courts and prosecutors.
The
department is proposing in place of those very successful block grants, $1.3
billion in new, mostly unauthorized, new programs for things which these block
grant programs can already be used. Why are you proposing a series of new,
piecemeal programs to replace the more successful and flexible block grant
programs?
ROBINSON: Well, first of all, on the issue of the
authorizations, the administration is going to be sending up a piece of
legislation, or several pieces of legislation to address that, as I understand
it, within the coming few weeks, so that authorizations in areas that don't
exist would be available.
Secondly, Mr. Chairman, in a number of the
programs that are proposed -- and I would single out in particular some of the
technology areas -- there is a stronger need with which I agreed, that there are
certain things that can be done with discretionary money which may not be able
to be addressed as well by local block grants. And one example of that that I
would pull out is the DNA samples backlog. There we have potentially up to a
million samples in that backlog as of the year 2000.
And in order to
get those -- that backlog erased, and to get those samples into CODA (ph) so
that we can be running samples against them from offenders who have been
arrested, it really is critical, in our view, to have a targeted investment. In
this case, it's $15 million to address that.
Similarly, the
community prosecution program is something that we feel is a natural next step
in the progression, past community policing. Something that can really take us
to ensuring that there are convictions, that there is partnership with the
community, and that we take the lessons learned out of community policing and
take that, in effect, to the next step.
ROGERS: Well, block grant
funding has been used by localities to hire police officers. Can you tell me how
many were hired with that funding in fiscal '97 and '98? And, if those were in
localities that couldn't afford the COPS program?
ROBINSON: About 11
percent of the funding last year -- there was $523 million that you all had
appropriated -- 11 percent was spent on hiring. I don't have the exact figure,
but we can get that to you. But I think, equally important, money was also spent
on overtime and on the equipment and technology areas that, again, were
complements to hiring that was available under COPS.
ROGERS: And
again, pointing out, those block grants are 100 percent money. And many towns,
communities, counties that can't afford the 25, 50, 75 percent local share for
the COPS program, could go to the block grant program and get 100 percent. Can
you tell me how many communities that could not afford the COPS program took
advantage of the block grant program (OFF-MIKE)?
ROBINSON: Mr.
Chairman, I don't have that figure with me. We'd be happy to get that to you.
But we do know that a number of communities have done that. I think that the --
one of the challenges faced is that the funding is spread over so many
communities. In many cases, we've now given -- it is quite small. So, the
question would be whether in addition to that, they might also be going in for
COPS funding.
ROGERS: Well, if we were to begin funding a $200
million community prosecutor program, what level of commitment would we be
taking on? How much money for how many years?
ROBINSON: In other
words, into the future -- is that your question?
ROGERS: Yes.
ROBINSON: The thought here would be that at least for several years,
and the authorization decisions have not been finally made in the crime bill
that will be sent to Congress shortly. But our thinking at this point is that it
would be an authorization to go three or four years into the future.
ROGERS: Now your proposal also includes $35 million for a new
juvenile gun courts program. The juvenile accountability block grant, which you
propose to eliminate, can already be used for juvenile gun courts, plus juvenile
drug courts, community prosecutors, juvenile detention facilities, technology,
the things that you're proposing to do another way.
What evidence do
we have that the juvenile crime block grant will not meet the needs that you say
we have?
ROBINSON: If I could defer to my colleague.
BILCHIK: I don't think we have any evidence that it would not meet
the needs, Mr. Chairman. I think that the two years of funding on the juvenile
accountability incentive block grant, which is really just beginning to hit the
first set of communities, I think our records indicate that the first 10 states
have made the sub-grant (ph) awards in the past several months, and that indeed
the first year of funding is still in the pipeline, let alone the second-year
funding.
So I don't think we have a record yet, but we have no
reason to doubt that it may meet those needs. What I think we're trying to do
here is to focus on what we're hearing from the field is a very specific need,
in particular the juvenile gun problem.
As I've testified in the
prior hearing about the increase in juvenile homicides, when we chart out the
increase in juvenile violent crime, in particular homicides, the entire increase
in juvenile homicides is attributable to juvenile firearm deaths. And the
decrease -- the entire decrease we've had in the past four years, has been
attributable to a decrease in the juvenile firearm deaths also.
So
this is a..
ROGERS: Well...
BILCHIK: I'm sorry.
ROGERS: Go ahead, please.
BILCHICK: I'll..
ROGERS: Well, as you know, we pumped zillions of dollars in the last
couple of years into juvenile crime prevention and treatment.
ROGERS: And most of it through block grants that allow community
responsibility, they can use it for whatever they think is best for their
community rather than us up here trying to force a one-size- fits-all on the
variety of communities in this country.
Juvenile crime is entirely
the responsibility of the states. And aren't they in the best position to decide
the particular programs that would best the juvenile crime issues in their
communities rather than us telling them how to spend the money?
BILCHIK: I think you're right. And I think a lot of the support we
still would be providing to local and state communities is through a formula
approach. With the formula program that the OJJDP has, through the Title V
prevention program, the (OFF MIKE) children's program, these are all monies that
go out in the formula fashion.
This was really an attempt, as I've
said, to focus on one issue we've heard universally needs to be addressed and
then try to help replicate a couple of the program locations where we've seen
some effectiveness in the juvenile gun court. I would equate this in a very
similar way, Mr. Chairman, to where we were on drug courts 10, 15 years ago. A
couple of communities experimenting with them, showing very, very good results
in reducing juvenile gun violence. And us having the opportunity with an
investment of this $35 million to help replicate that across the country. And
then, hopefully, it would catch fire. And then, indeed, there would be much
knowledge about it that the formula program could support it.
ROGERS: If we were to begin funding a new $35 million juvenile gun
court program, what level of commitment would we be taking on, and how much
money would that mean per year over the next several years?
ROBINSON: Again, I think the crime legislation that will be sent to
Congress will clarify that. But my recollection is it would be for a three to
four-year period.
ROGERS: Now, you also propose to eliminate except
for a few earmarks, the $720 million state prison grant program. Your own Bureau
of Justice Statistics concluded that the average time served by violent
offenders has increased as a result of states changing their laws to meet the
requirements of the state prison grant program.
That is, state
prison grants have resulted in keeping violent criminals off the streets for
longer periods of time. Wouldn't you agree that the state prison grant program
has been a very effective program?
ROBINSON: Mr. Chairman, we now do
have, as I think you know, 28 states that have qualified for the
truth-in-sentencing funding. And we know of three additional states that are
likely to come in this year. So, it clearly has had a real impact in states
changing their laws to ensure that violent offenders spend a longer proportion
of their sentence behind bars.
The original 1994 Crime Act
contemplated the funding would end in the year 2000. The authorization ended at
that point. And the states have been aware that this was not support over the
long term. As they've had the funding support to build prison cells, they've had
to bear the costs of operations. So, it's been a joint venture, if you will, as
they proceeded. But to date, we do think that the program has had substantial
impact.
ROGERS: But yet you propose to eliminate it. Why?
ROBINSON: Mr. Chairman, as I indicated before, these were tough
decisions made by OMB among competing priorities and limited amounts of money.
ROGERS: Well, I don't know why we don't have the OMB up here to
testify all the time. Every time we hear from anybody, well, we asked for it,
but OMB denied it. I don't know why we just don't cut to the chase and subpoena
them up here and put them under oath, on the grill and...
UNKNOWN:
You'd need a larger room for that.
(LAUGHTER)
ROGERS:
You're right about that.
Well, the state prison grant program is not
only truth-in- sentencing funds. Fifty percent of the funds are available for
state detention needs, without the truth-in-sentencing requirements. If we're
going to -- if you were to eliminate those grants now, I think we would be
reneging on our commitment to the states that we made a few years ago.
Mr. Serrano.
SERRANO: Thank you, Mr. Chairman. Ms.
Robinson, a few weeks ago, this subcommittee had a hearing with the
Legal Services Corporation. One topic of discussion at that
hearing was the LSC's request for direct funding in their own budget,
specifically associated with domestic violence, even though several grantees are
receiving funding through your Justice Department programs.
Would
you comment on this whole issue? And in your -- is the funding you're requesting
under the Justice Department enough to cover these needs at this point?
ROBINSON: The request for $23 million, which is an increase from the
$12 million this year in the program that Mr. Rogers started last year, actually
only begins to meet the needs out there in many ways. For the $12 million
program this past year, we had $80 million of requests that came in. So, I think
the needs are great.
I think in many ways what we do is a little bit
different than what LSC is contemplating. For example, under our grant program,
applicants have to come in and show that they have a collaboration with a local
domestic violence/victim advocates group to do training, to do support.
We provide funding, for example, to bar associations to train pro
bono lawyers to provide this assistance free of charge. We provide support to
legal services clinics. They have student help to assist in addressing these
needs. So it's a little bit different than, I think, what LSC has specifically
requested.
In addition to that, our figures show that about $7
million of the $12 million from last year went to legal services providers at
the local level. So, while we certainly don't give money directly to LSC, many
of their local affiliates in effect are recipients of this funding. And it meets
a critical need.
SERRANO: No doubt that it does meet a critical
need. My concern is that I wonder if there's more that legal aid offices could
be doing in this area to complement your programs and what you could be doing to
assist them in some more coordination.
It just seems at times -- and
I'm one who supports innovative and different programs that could be replicated
throughout the nation. But it seems at times that they just, the programs
crisscross each other, and you wonder how much coordination takes place.
I'm wondering if there's something you could tell us as to how best
you can help them and what you would demand from them if you had your way to
help you.
ROBINSON: Coordination is always a challenge in
government. But we have taken a number of steps to try to meet that. When we
first had the funding proposed for this program, about a year and a half ago, we
sat down and met with LSC to make sure that if the appropriations came through
that our efforts would be coordinated. We've had several meetings since that
time. And I think as or maybe even more importantly, we're trying to ensure that
localities are having that kind of collaboration and coordination as well.
In almost every instance, with successful applicants who came in
under the $12 million program, they showed a collaboration between the number of
people at the local level, with victim services, domestic violence advocates,
law schools frequently, bar associations and local legal services providers. And
it seems to me that that kind of collaboration is essential as we move ahead.
SERRANO: You know, there was a press article recently that indicated
that the focus of funding on violence against women has led to a reduction in
deaths associated with these crimes.
The interesting part of the
article is that it says that the reduction in the deaths of men killed in acts
of desperation by the women they have abused. Which then leads to an obvious
question. First of all, could you comment on this phenomenon? And secondly, are
we limiting our limited resources in the right way? I mean, I don't want to seem
to be in favor of men getting killed.
(LAUGHTER)
But it
seems to me that the victims are the children and the women, and we seem to be
almost celebrating the fact that something else has happened. Is that still
targeting -- is this the result of the right of actions being take? And does
that mean that we're definitely then providing through these programs more
support for women and children?
ROBINSON: I think these programs are
taking us in the right direction. I am a little familiar with that research at
Carnegie Mellon, I happened to be out there last year when they were presenting
the initial findings from this. And the explanation, if you will, behind the
research is that many of these collaborative, community- based programs have
assisted women in being able to leave before the violence has escalated to the
point where, in an act of revenge, perhaps while their husband is sleeping, they
kill him. That's the explanation the researchers gave.
But I think
we need to look behind that and see that in many jurisdictions -- Quincy,
Massachusetts is one that is often cited. Over 10 years, there's only been one
death of a woman who was court- involved with one of the victim services,
violence against women programs, and that kind of Quincy mode -- one of our
staff said to me recently, there are now many, many Quincys across the country.
We're seeing that kind of collaboration. We're seeing law enforcement involved,
the courts, prosecutors, in an effective kind of collaboration that is actually
protecting victims' safety and holding offenders accountable. So yes, I think
we're very much moving in the right direction here.
SERRANO: Well,
I'm glad to hear that. And certainly stand assured that we support you in that
effort. And I know that this is a bipartisan effort to deal with this most
cowardly of all crimes in this society and to protect women and children in that
situation. So please, you know, whatever it is that we need to do, remind us, so
that we can deal with it.
On the policing issue, sir, as you know on
February 4th, 1999 in my congressional district an unarmed West African
immigrant with no criminal record was killed through the morning hours about
four New York City police officers who fired 41 shots at him in the doorway of
his Bronx apartment building. It is unclear why the police officers opened fire.
The man, Admidublilo (ph), was 23 years old. He came here to America more than
two years ago from New Guinea and worked as a street peddler in Manhattan, and
he died at the scene.
The Bronx district attorney's office is
investigating the shooting, the details of which are still murky. But there are
some in New York who have suggested that federal funds should be withheld from
local police departments until issues of police brutality and misconduct are
sorted out and properly addressed. While I don't, at this time, support that
kind of action to achieve an accountability, could you discuss with us other
ways to hold local police departments accountable in return for federal dollars?
And is there a way or can you devise a way to impose training and
diversity requirements on grantees for COPS funding? Let me, before you answer,
just tell you that, you know, I've said it over the last couple of weeks, and
every time it comes up will have to repeat it. You know, in the 25 years that
I've been an elected official, I've never seen the outcry in my community, in
New York, that this issue of the police. And the best way to explain it to you
is that for years in my ethnic community, the Puerto Rican community, there was
a division as to the feelings about the police.
Older Puerto Ricans
telling younger Puerto Ricans, they're our friends, they're the people who
protect us. Don't gripe so much about them, stay out of trouble and so on. Now,
these older folks, most of them retired, are on the picket lines, are in the
demonstrations saying we don't feel safe, we don't feel safe for our children,
and we don't feel safe for our grandchildren.
I've been quoted as
saying, and it wasn't on my part irresponsible, that I know how to avoid the
local mugger in my South Bronx district. I don't know how to avoid the arrogance
of many police officers.
And while we celebrate that numbers have
gone down in crime, we somehow are being told that some people that in the war
against crime there are victims, and that these are the victims.
You
know, at what point do you get involved, at what point do other people get
involved? We have starting May 26 a federal Civil Rights Commission
investigation. And we have other things happening. But I tell you, and let me
close with this. When the people who support the police department throughout
this country the most begin to complain, it should be a message to government
that something is terribly wrong.
If -- I give the example, if I
step out on the street, and I see three individuals who've spent 25 years
criticizing my legislative work, and they curse me out, I know where it's coming
from. But if I step in the street and I see three people who I know have been my
supporters for 25 years, tell me I'm not doing the right thing, I better pay
attention, because something is wrong. And that's (OFF- MIKE) in New York right
now.
BRANN: Mr. Serrano, I would have to respond to this in the
context not only as the director of the COPS office, but in a very personal
sense as well. This having to do with, as I had indicated, 30 years in the
policing industry, I think that one of the problems we have in this profession,
in this industry, relates to the model of policing that we have subscribed to
and have been following for many years.
That in fact is being turned
on its head as a result of community policing. And let me just interject here
that community policing is not, as some people have tried to label it, either
soft on crime or a public relations or a community relations program, nothing
could be further from the truth. It is in fact effective policing that focuses
on the responsibility of police to not do something to a community. Police is
not something we do to a community, and in fact is something that we do in
concert with, on behalf of a community, and the community has to be directly
involved in identifying the priorities and the solutions. And I think that's the
beauty of the benefit of community policing.
I spent my career
working in two agencies that are in fact -- the dominant population is minority
population; it has a very small Anglo population in both communities. We saw the
same kinds of challenges that many other communities have experienced across
this country with respect to increasing cultural and ethnic diversity.
And I can tell you that my experiences early on in my career are
remarkably different than they were the last 25 years. The first five years, I
was looking very much at a traditional organization. But one, which in fact
became a pioneer of this whole community policing movement. It forced us to
change our assumptions, our values, for that matter. It challenged us to take a
look at our demeanor, our attitude, our behavior, in terms of how we dealt with
the public. And out of that, I think we learned to far better appreciate the
increasing diversity in our community, to better appreciate the circumstances
that we were confronting, and to recognize that we had to become more sensitive
ethnically, culturally and on a lot of other fronts as well.
That to
me is one of the most phenomenal byproducts and outcomes of community policing.
It does change the way that we come at this. What I have seen is a remarkable
shift in communities that have really embraced the concept and the philosophy
and have been practicing it for a number of years.
I can tell you
again from my own personal experiences, I saw a significant decline -- in both
jurisdictions that I served in. I've seen this in other jurisdictions as well --
a significant decline, not only the crime rate, but in the number of complaints,
citizen complaints coming in. At the same time, a significant increase in the
number of those complaints that were really sustained, internally, within the
police review processes.
And that told me that we were doing a far
better job of reacting to community issues and needs.
With respect
to the COPS office and our role in all of this, it is in fact to support, to
sustain, to expand the concept of (OFF MIKE) community policing across this
country. In so doing, I think it better positions us to be up with these very
kinds of issues. It's not just the change that we're looking at in that it's a
gradual change that we're trying to effect here. I think at the same time there
are agencies where in fact there are significant problems, we can turn a variety
of resources above and beyond the simple funding for additional officers and
technology and things of that nature. There are things that we're doing to
regional community policing institutes. The COPS office, the National Institute
of Justice, have partnered up on an ethics and integrity initiative that has
been a resounding success and very, very well accepted within the policing
profession.
We're expanding upon that. We're looking for new ways to get
out there dealing with addressing these kinds of issues in an open, above- board
manner, getting the professional industry to take a look at itself and what can
be done. And I think that the kind of funding that we have provided in the past,
the kinds of things that we have attempted to support in the way of
professionalizing the police, will be, will continue to be addressed through
what we're already doing as well as the new initiatives that we're proposing.
SERRANO: But, you know, my concern is, at what point do we, at one
level or another, begin or grow on the theory that somebody has to tell local
police departments that we have to really find out if people are
(AUDIO GAP)
ROYBAL-ALLARD: ... very serious concern with
the small cities that I have that have been part of the COPS program, have been
able to make some progress in, you know, turning the tide with regard to crime,
and were extremely concerned about once the money ran out that they would be
going backwards. I just wanted to let you know that I was happy to see that
intention (OFF-MIKE).
Ms. Robinson, when I was reading your
testimony, I guess I was interested in more than what was not said, rather than
what was in your testimony, particularly as it pertains to your statements about
crime going down.
ROYBAL-ALLARD: And although crime is going
down, it is my understanding that crimes against women have either remained
static or have, some would even argue that it actually has increased. And there
was no mention of that increase in any of your testimony. And I was just
wondering, what in (OFF-MIKE) the Justice Department is doing to respond to the
crimes against women and to institutionalize the effort against crimes against
women as a priority for the Justice Department.
And also, if you
could respond to -- do you think that there is anything that can be done to
strengthen the Violence Against Women Act? So that perhaps that would help and
maybe the next time that you came before us you would be able to say, you know,
crime overall is going down, but -- and so are crimes against women.
(AUDIO GAP)
ROBINSON: There are about five different
funding streams going into OJP, and I couldn't mention all of them in the
statement. But the violence against women area continues to be an
extraordinarily high priority for the administration, for the Justice
Department, and I know from this subcommittee as well. Our request is $282
million, which continues to be the amount enacted for '99. And I think carries
forward terribly, terribly important work dealing with law enforcement, victim
advocates, prosecution and very importantly, the coordinated approach across all
of those pieces of the system.
What we are seeing in communities
across this country -- and I've had the opportunity when I travel to go and
visit domestic violence shelters to talk to victim advocates, to talk to
victims, to say, what kind of difference has been made? What kind of difference
has been made here? And in fact, our surveys showed this too, that the level of
victim satisfaction in these cases has gone up substantially because of the
support from this subcommittee, because of the support from Congress and the
administration for this.
If I were to identify two areas where I
think that there is real need, one of them, in fact the subcommittee has
addressed, and that is the $25 million program on rural domestic violence. The
needs in rural areas, in my personal, from my personal perspective, are even
greater than in urban areas. For example, last year I was in West Virginia. And
I was in some of the rural counties there. And it's not a situation that you
might find, let's say, in Washington, D. C. where somebody could get on the
Metro and go to a shelter. It might even be in an adjoining jurisdiction.
In many of these situations, the women are very isolated. They may
not even have the keys to the truck or the car. They may not be able to use the
telephone without their husband observing it. There are great issues about
victims safety in those situations. So I would urge the committee to continue
the $25 million support for the rural program, in particular.
Secondly, and this goes, I think, to the reauthorization of VAWA
rather than an appropriations issue. It's very important for the courts to be at
the table in this. I think we've seen enormous support from law enforcement,
from prosecution, and from many judges. But I would also say that additional
work needs to be made to really bring the judges and the courts on board.
So, during the consideration, of the VAWA reauthorization, the
administration will be urging the courts be reconsider as perhaps one of the
designated recipients of the block grant money.
ROYBAL-ALLARD: Also,
we I read your testimony, I read where have a program known as the Corrections
Program Office. And just recently, an article came out where Amnesty
International reported that women inmates in the nation's prisons and jails are
being routinely subjected to sexual abuse by the male guards.
And I
was just wondering if you envision any kind of role for the Corrections Program
Office in working with the state and local agencies to, you know, to investigate
these allegations and to find ways to work with them so that you don't have
these kinds of things happening.
ROBINSON: Our role from OJP would
not be to investigate. But it would be very much to share information, to do
education, to assist on training and technical assistance. And in fact, from our
Corrections Program Office we have a good working relationship with I think
virtually every state correctional administrator in this country, including the
one that Mr. Latham had referred to.
One of the things we're
planning to do, probably in early fall, is to hold a conference, not a huge one,
but kind of a real working symposium on the issue of women offenders. There are
very special needs that women offenders have in terms of training, education,
assistance, because of having minor kids at home, with whom they still have
relationships, issues of transition once they come out.
These and
many other issues we need to be addressing and addressing very seriously. And
the purpose of that will be to address that.
ROYBAL-ALLARD: Is it --
was this going to happen anyway? Or is it a result of the article? I mean, were
you aware of these abuses at (OFF-MIKE) particular place?
ROBINSON:
Those abuses, those kind of abuses have been discussed for several years. But in
addition to that, I think the other thing that really caught our attention was
the fact of the growth in female offending, which is much greater
proportionately than for male offending. The number of women offenders in
prisons, the increase is much greater than for men, proportionately.
ROYBAL-ALLARD: And they're usually drug cases, is that correct?
ROBINSON: Many of them are drug related, correct.
ROYBAL-ALLARD: OK. So, in this conference, will it be actually
working with the state and local agencies to do what? I mean, what is it that's
going to come out of this conference that's going to help prevent these kinds of
things from happening?
ROBINSON: What we try to do in this kind of
setting is to raise issues or listen to state and local practitioners about the
issues they think need to be addressed. And then, in our case from OJP, what is
it that we could help respond? Is there help that we could give on training? For
example, for correctional guards. Or, educational programs, or addressing things
specifically for offenders, such as drug treatment.
ROYBAL-ALLARD: I
was at the White House when the president gave his radio talk on -- and
introduced his officer training initiative where he talked about police
misconduct and racial profiling. Is the Justice Department trying to identify
and to track law enforcement agencies who may be using such things as racial
profiling?
ROBINSON: The Civil Rights Division and the U.S.
Attorney's offices really would have the lead on the investigation side. What
we're trying to do, and Mr. Brann addressed some of that in the (OFF- MIKE)
question, I think, on the education and training issues. But in addition to
that, there really is a need to also develop and collect information.
So one thing that we're already moving ahead with through our Bureau
of Justice Statistics is to add questions to the National Crime Victimization
Survey to find out from citizens across the country what their interactions have
been with law enforcement, and to try to really ferret out issues relating to
police use of force. This is not for identification of particular departments,
but to try to get a handle on what kind of statistics are out there, what are
the facts, what can we learn from that.
BRANN: I would like to
respond to that as well. Several months ago the COPS office and the Civil Rights
Division did co-sponsor a national symposium on this very issue. It's something
that (OFF MIKE) we brought together representatives from not only the policing
community from around the country, but also ACLU and a variety of public
interest organizations to begin discussion about this. To take a look at, not
only (OFF MIKE) strategies but some of the things that need to be done both
within the Justice Department as well as within the profession, as a whole.
There is follow-up work that is taking place in that front. But as
Ms. Robinson indicated, there are really different components here in the
Justice Department. Civil Rights and others have the responsibility to
investigate, pursue certain kinds of allegations, the funding agency (OFF MIKE)
more towards training and creating opportunities for change.
ROYBAL-ALLARD: And Mr. Chairman, just in closing, I just want to support
what Mr. Serrano said with regard to the fact that if we're really going to have
good community policing or improved police departments that we really do need to
go beyond -- I guess, (OFF-MIKE) for not being here, but from what I've seen, we
have to go beyond their physical capability, whatever test, that it's important
to really test somehow what their attitudes are about the communities that
they're being asked to work in.
I think that in itself will make a
tremendous difference and really help us to move forward towards the objective
that we all want, and that is a good relationship between the community and
police officers, and so that they can work together towards a common goal of
stopping crime in communities. I think that's a very good point.
ROGERS: Now, Director Brann, I understand as of September 30, 1998,
grants for over 88,000 new police officers had been awarded. In your testimony,
you state that you will meet the goal of 100,000 ahead of schedule. How many
cops -- how many new cops will be provided with the fiscal '99 appropriated
amount of $1.4 billion?
BRANN: We will -- we expect to actually get
approximately 105,000 to 106,000 by the end of this fiscal year.
ROGERS: Are you planning on going beyond the 100,000 cops in fiscal
2000?
BRANN: Yes, that would be part of the proposal, the
president's initiative.
ROGERS: And how much is the COPS program
authorized to receive in fiscal 2000?
BRANN: The current
authorization is for $360 million thereabouts, I believe.
ROGERS:
That's $268 -- does $268 sound better to you?
BRANN: I would have to
go back and -- do you have the figure in front of you?
ROGERS: I
think it is $268.
BRANN: OK.
ROGERS: Now, is your COPS
II program authorized?
BRANN: No, not as of yet.
ROGERS:
And since most of that new COPS II proposal, which is over $1 billion, is not
authorized, do you plan to submit proposed authorization legislation to the
Congress to support that new proposal?
BRANN: It is my understanding
that that is what will be coming to the Congress later this year.
ROGERS: And what if the Congress is unable or unwilling to authorize
these programs, these proposals of yours, by the time the 2000 appropriation
bill is completed? And I would point out to you that we've not passed an
authorization bill in 20 years, I think. What if we don't authorize that, what
happens then?
BRANN: I wish I could give you the right answers. But
to be quite honest, those are issues that I think will have to be addressed
within the Justice Department and the administration.
ROGERS: You
don't want us to fund -- authorize programs, do you?
BRANN: Well,
I'm not sure how we will move forward with this. But I do know that there will
be a proposal that will be coming to the Hill shortly.
ROGERS: In
the last days, of the last Congress, we passed the president's act, the
Bipartisan Crime Identification Technology Act of 1998. And yet your COPS II
proposal doesn't follow that newly enacted program, does it?
BRANN:
I'm sorry, I'm not -- oh, this is the DeWine legislation from last year?
ROGERS: Correct.
BRANN: That is correct.
ROGERS: How does your program differ from that?
BRANN: I
think I would have to defer to Ms. Robinson on this because of how the monies
have been administered previously.
ROGERS: Well, the question is,
how do we know that you're not going to duplicate or overlap any of the programs
we have authorized?
ROBINSON: Mr. Chairman, the separate pieces
under both the OJP and primarily the COPS budget, do address every one of the
purpose areas in the DeWine legislation. On the issue of overlap, it would be
our intention to rely on the staffing components within OJP or within COPS that
have already developed expertise in the various areas. For example, on the DNA
and crime lab improvement program, the staff within NIJ who are already working
with the state crime labs.
ROBINSON: I would further say that
COPS and OJP would be working very closely to coordinate and ensure that there
was not duplication.
ROGERS: Now, General Robinson, we've been
extremely supportive here of state and local assistance programs to address
crime in our committee. Funding for OJP grant programs since 1995 has increased
by 213 percent. We've gone from $1.1 billion to $3.4 billion a year. With that
growth, we've also seen the complexity and scope of OJP's programs increase
immensely.
We've been concerned about instances of duplication and
overlap that we believe are caused by your agency's structure and magnified then
by the growth. In your report to the committee last year, you agreed that there
are lost opportunities for responding to crime and tremendous inefficiencies in
the use of resources, as a result of the current OJP structure.
Last
week, you submitted your proposal for restructuring OJP. Would you summarize
your report and your recommendations and identify the benefits that you believe
your recommendations would provide to us.
ROBINSON: Certainly. Let
me say first of all, a note about the process we went through on this. We
thought it was terribly important to do some -- even though we are on a short
time frame -- to do some listening to the field about this. So, we outreached to
about 50 practitioners and constituent groups to find out about their
interactions with OJP and the kinds of things that they would like to see
changed.
We also did a similar kind of outreach within the Justice
Department and within OJP itself. And the report that was forwarded to you last
week really reflects a couple of central principles. One of them is, as you
indicate responsive to the notion of accountability and the need for a greater
centralized management when the program has grown so substantially.
So rather than having a structure that incorporates a group of
semi-autonomous agencies working with a common infrastructure, we've headed
towards a set of components that in fact have coherent function and organization
(OFF MIKE) a common mission. That would be the vision of the restructure plan.
We would look to have all research, for example, done in one area,
all statistics in one area. Program work organized around subject area and
formula grants organized around what we call state desks. So that there could be
responsiveness to individual geographic needs.
And then very
importantly, we've also proposed that there be something that I've called kind
of an information central point. Even with a simplified structure there are so
many funding streams going into OJP that it's hard for an individual mayor, a
DA, police chief or other practitioner to figure out how you penetrate and get
in and find out what kind of technical assistance or help is available.
So we felt it's very important to have one central point. It's
almost a triage point for a jurisdiction to come in seeking whether it's
technical assistance or grant funding, finding out about conferences, or
publications, or whether it's to find out the help that they need.
ROGERS: Now, you are planning to provide legislative changes to
enact that proposal?
ROBINSON: Mr. Chairman, the recommendation that
we had made in the report was that if Congress chooses to act along this line,
that they make the changes effective perhaps at the time of the change in
administration so as not to disrupt appointees who are currently in place. But
in the interim, we're happy to work with you and provide statutory language, as
you request.
ROGERS: Do you think it's necessary that we pass
legislation in order to do this?
ROBINSON: Yes. Statutory changes
are needed, it's really the statutory infrastructure of OJP that really leads to
these problems.
ROGERS: Now I see that you incorporated the police
corps into OJP as the 1999 bill directed. Why isn't the COPS program
incorporated into the OJP structure as well given that it is to expire in the
year 2000?
ROBINSON: The structure that is proposed in the report --
and we forwarded it to you last week -- is a flexible one that Congress in the
future, if the COPS office did go out of business or addressed in some other
way, those responsibilities could be incorporated within OJP.
ROGERS: It makes sense, does it not, one stop shopping for local
authorities?
ROBINSON: Well, I will tell you that the practitioners
out in the field are a little frustrated with us in Washington at times.
ROGERS: You're kidding.
Mr. Brann, would merging the
COPS office under OJP eliminate the possibility of duplication, streamline the
process, provide that one stop shopping for state and local governments and
other grantees that we're looking for?
BRANN: Mr. Chairman,
obviously I'm not sure of what duplication you may be referring to. I -- what I
see, the COPS office was created specifically to be very responsive to local
agencies. And in particular, a huge issue that we've listed out there, we
certainly realize is a result of the creation of this office, is the many
agencies -- we're dealing with over 11,000 agencies that the COPS office is
funding.
The vast majority of those agencies have never been the
recipients of federal grant funding. We've set ourselves up to be very
responsible in that front to provide a high level of service. We've also
specialized in focusing on the needs of local law enforcement, direct funding
for obviously police positions, for technology, for a variety of issues there.
I think, in effect, what we have is a degree of expertise and a
service level that has been created vis-a-vis the COPS office that is somewhat
different from that which we find through the other OJP programs and components.
ROGERS: Mr. Bilchik, we provided a $10 million grant program to your
office to develop initiatives that would increase the perception among teenagers
of the risk and harm of drug use. Tell us what you're doing with those monies
and what results do you expect.
BILCHIK: As we look at the
implementation of this program, Mr. Chairman, we are extraordinarily optimistic.
We know the program that we selected for replication, the life skills training
program has been tested in a variety of jurisdictions and found to be effective
at reducing juvenile substance abuse and alcohol abuse over a sustained period
of time.
What was important about this particular model was that it
wasn't (OFF MIKE) in one place. It was shown that it could be moved from
jurisdiction to jurisdiction and found to be effective. What you have permitted
us to do with this funding is to do a massive replication of this type of
approach. It really is the first time something like this has been done in this
country.
What we did during the first year of the program was to
identify the provider, train the trainers that would be going out to these
communities across the country to train the guidance counselors, the school
teachers and the communities that would be working with this model. That's been
done. In fact, this month we have 16 different jurisdictions that are being
visited and training is being set up. As of this fall, 34,000 youth will receive
this particular curriculum. And that is just touching into the $10 million. It's
using the first $5 million and also additional funding.
So, with the
$10 million and then the additional $20 million, we expect to reach over 280,000
youth with this school-based curriculum. It's been a difficult process because
it hasn't been done before. And training people in how to replicate a particular
approach and maintaining the integrity of that program design is not easy. It's
where we often fail with other types of programs. It's how we've learned through
Big Brothers, Big Sisters, how to do mentoring the correct way.
Particular elements need to be in place in order to be successful.
And that's what we're trying to do with this program, as well. So the numbers
are fairly astounding to think that we can reach that many youth. And I believe
it will have a dent, will make a dent into the substance abuse problem.
ROGERS: You're requesting $20 million, double the '99 figures.
And...
BILCHIK: We're excited about your program.
ROGERS: And quadruple what you requested in '99 for that juvenile
direct prevention program. I assume that means that it's showing some real
results.
BILCHIK: Well, the model itself is showing results. What we
have done at the initial stages of this program is to set up the massive
replication. And this is what has caused so much excitement in the field. I
cannot tell you today that there are children who I have measured the outcome
for this program. What we do know is the training have begun and the curriculum
will start for 34,000 children. And that's a significant undertaking.
ROGERS: Last year, the Congress provided $185 million to ONDCP for
an anti-drug abuse media campaign. Last year we learned that the infrastructure
for responding to calls for help from either kids or parents as a result of that
media campaign was inadequate. While I understand that this campaign is being
handled by ONDCP, has there been any improvement on the infrastructure to
respond to calls for help?
BILCHIK: If my information is correct,
Mr. Chairman, the answer is yes. A web site was set up to facilitate Internet
connections for parents and children to make inquiry. And in addition, the
NCASA, the National Clearinghouse for Alcohol and Substance Abuse has been set
up. And they have received over 200 percent increase in inquiries are supposed
to be handling those inquiries without any problem. There is an 800 number that
has been set up. And as you know, most PSAs do not have 800 numbers, and this
one does have an 800 number.
I might add that one of the things
we've seen early in this campaign is that the amount of exposure that youth have
had to this ad campaign is almost double what was anticipated. We're hopeful as
we know from research, that if we can impact the perception of youth about the
risk of using drugs, that we will also then see the decrease in actual substance
abuse. So, we hope the campaign will have that effect.
Even though
there is an impact evaluation being done as well. The results are not in yet to
see what impact it will have on these children's perceptions of risks.
ROGERS: When do you expect that?
BILCHIK: I've been told
it will be about another year before we get those results. I can double check on
that, Mr. Chairman. Again, it's not something that we're over seeing directly.
Would you like for me to report to you on that?
ROGERS: Please do,
certainly.
Now, Ms. Robinson, do you -- your budget request includes
a new $100 million initiative for drug treatment both during and after
incarceration. And $65.1 million for the residential substance abuse program for
state prisoners. Please describe for us specifically who would be targeted by
that new initiative?
ROBINSON: Mr. Chairman, the new initiative
would target a group that is not captured either by the drug court funding or by
the residential substance abuse, the in prison drug treatment. And that's
primarily offenders who are out on pre-trial release or back in the community on
parole.
One of the things that we've been hearing over and over from
local mayors is about the influx of offenders returning to the community after
they've served a term of incarceration. And the kind of problems that that can
in effect lead to in the community. We also know of course the link between drug
use and crime.
That $100 million will be specifically targeted for
local jurisdictions primarily to hold offenders who are returning to the
community or, as I said, out on pre-trial release, hold them accountable for
their behavior through drug testing, interventions with sanctions and couple
that with treatment. And the goal here, which we have seen from our research, is
to reduce drug use and thereby reduce associated crime.
One of the
things that I've been very struck by during my tenure with the Justice
Department is just how clear the research is about the impact we can have from
these kind of programs. For example, the Amity (ph) drug treatment program out
in California which couples in prison treatment with prison after care treatment
back in the community, has shown remarkable reductions in recidivism. In the
control group they had 63 percent who had recidivated within a year. And that
dropped to 42 percent if they had the treatment in prison.
And
again, that dropped from 42 down to 26 percent if they had the after care. So,
this is remarkable black and white, very clear research that shows an impact on
drug use and associated crime.
BILCHIK: Can I add to that. I think
the area that Ms. Robinson just described also applies to the juvenile area. And
we are hearing from communities that they also need this capacity to be testing
and treating juvenile offenders as they re-enter communities and hold them
accountable for any relapses. We have worked hard working with juvenile
probation officers in sensitizing them to the issue of juvenile substance abuse.
We've worked hard in empowering communities on how to set up testing programs.
One of the things we've heard is that there are not sufficient funds to actually
implement those programs. And whatever support we can provide in the juvenile
area, would be welcome, as well.
ROGERS: Well, the juvenile crime
block grant that we funded last year could be used for this purpose. You're not
requesting that this year.
BILCHIK: Correct. As I indicated before, Mr.
Chairman, I think what we're trying to do is target on a few specific areas
rather than the 12 different areas that we've heard are the greatest problem
areas for the juvenile offender population. So looking at re-entry issues, drug
testing issues, community prosecution issues, we thought those would be the most
intensive areas of concern right now, that we're hearing from the field.
ROGERS: Now, Ms. Robinson, why can't the HHS existing grant program
be used for this purpose? Why do we need a new one in Justice when we already
have one in HHS?
ROBINSON: Mr. Chairman, that's a very good question
and it's one that I would not have known the answer to before I came into
government. But it's very clear that HHS targets its money primarily, almost
exclusively on non-criminal justice populations. They do not view public safety
and crime as their primary goal and jurisdictional area. That's why, it seems to
me, that the Justice Department, because of the link with crime and public
safety, needs to come to the fore here again.
The research is so
clear that we can in the end change offender behavior and affect public safety.
And that's not HHS's primary goal.
ROGERS: Well, but -- it's the
local community that decides what they want to apply for. It's not HHS that
tells them what they have to do with the money. It's the local community that
applies for the monies that are available. And they can use them for this very
purpose. I hate to see another bureaucracy set up when we already have one set
up for this type of program, admitting it's a good program.
ROBINSON: Traditionally, the state and local agencies to whom the
HHS block grants go again, serve non-criminal justice populations. We've
actually worked with them, Mr. Chairman, to try to raise their consciousness
about that. But there is huge demand for treatment and the general reaction has
been, we're going to get it to the people who are the upstanding citizens in the
community and not to the offenders.
ROBINSON: I wish it were
otherwise, but that is kind of the reality out there.
ROGERS: Now,
we already provide residential testing and treatment for state prisoners. You
want us now to fund treatment after the state prisoners are released. I'm
wondering where can we draw a line.
ROBINSON: It seems to me again,
going back to the statistics that I cited about the Amity (ph) program in
California, if we don't ensure the transition back into the community, that
they're really making that transition back successfully when they're back with
all of the temptations of their old neighborhood, their old peers, their old
friends, then we may, in many cases, we shouldn't have invested in the treatment
in prison. It's essential to ensuring a successful transition so that they can
actually make it back into the -- kind of column of the law abiding and not fall
back into the old habits, which frequently are tied up with drug use.
ROGERS: What percentage of the monies would you expect to be spent
on treatment of prisoners after they have been released?
ROBINSON:
Under the RSAT funds, we would anticipate that a pretty small percentage would
be spent on that. But we have heard from some states that they already have
funding available for the in prison piece. And what they really need is the
after care help.
ROGERS: What percent of the monies would you expect
to target towards juvenile offenders?
ROBINSON: At this point, I
think it's about a quarter of the funding under RSAT that goes to juvenile
offenders. I can get you that exact figure. But a number of the states do have
programs addressing juvenile drug use while the juveniles are incarcerated.
ROGERS: Now this program is not authorized, is it?
ROBINSON: The RSAT program?
ROGERS: Your proposal.
ROBINSON: The proposal for the $100 million will be in the Crime
Bill II that the administration sends to the Hill later this spring.
ROGERS: And what if it's not authorized by the time we must
appropriate here. What do you propose that we do?
ROBINSON: Well, I
guess I'd suggest that we kind of regroup at that point.
ROGERS:
Now, if we were to fund the, an extensive drug testing and treatment program
what level of commitment would we have? How much money and for how long?
ROBINSON: The total package here is $215 million that would cover
from the pre-trial release stage to the post incarceration.
ROGERS:
Now, let me ask Mr. Brann, you and Mrs. Robinson a question.
We're
really under budget caps, we're short of money. We've got to make choices in
what things we fund and don't fund. If you had to choose between hiring more
cops and the new drug testing and treatment initiatives, which one shall we
choose?
BRANN: I think we're going to be funding from -- at the same
time, the same camp and then some different camps. The COPS office is
specifically set up to try to represent and be responsible to the needs of local
law enforcement. But at the same time, I must tell you that I hear from local
law enforcement officials about their need, their interest in funding for
prevention programs and strategies, things dealing with drug prevention, drug
enforcement, the whole range of issues.
It is a tough decision. I
think everybody in this room understands that there's going to be some very hard
budget decisions to be made here. But what we've come up with the administration
is proposing to fund these 21st Century police initiative that I think is
responsive to what we've been hearing from our customers out there, the kinds of
issues they've identified. And we've tried to develop a plan around that that
would best address that.
ROGERS: I don't think I heard your answer
to my question.
(LAUGHTER)
BRANN: I'm going to end up
pushing for the additional officers and a combination as provided for in this
21st Century police initiative, a combination of funding that will allow them to
do some of the things that they are trying to do at the local level. This
initiative addresses that.
ROGERS: Ms. Robinson.
ROBINSON: If it were up to me, I'd fund the drug treatment and
testing program.
(LAUGHTER)
And let me explain why -- I
think that it's terribly important to develop some models in this area. And I
would agree with my colleague, Mr. Brann, that law enforcement has been very,
very supportive of things like drug courts in many communities. We don't have
sufficient models of carrying this drug testing, treatment, sanctions and
accountability through the system. That's something that's very much needed and
does not now exist. And I think it's a terribly important investment that the
federal government could make a real difference and help states and localities
see the direction in which to go.
ROGERS: And finally, Ms. Robinson,
you've requested a health clinic security initiative using funds from within the
Byrne (ph) discretionary program. Would you briefly describe that proposal.
ROBINSON: Yes, Mr. Chairman. This $4.5 million proposal would
address three things that have really come to light from the law enforcement and
prosecution work which the department has done relating to clinic security and
some of the bombings that have occurred.
The first would be to
address help to local law enforcement and clinics and security assessments. The
second would be technical assistance and training to local law enforcement in
terms of how to assist clinics in protecting their security. And the third would
be to target help in the form of equipment. It might be lighting or alarms or
such for particularly high risk clinics.
ROGERS: And under what
authority are you proposing that program?
ROBINSON: Mr. Chairman,
our general counsel has told us that Byrne (ph) formula, purpose number 26,
which deals with domestic terrorism could cover the first two areas, but not the
third dealing with equipment. And so, the president's budget request has
specific language in it which if the appropriators -- if you choose to pass it,
would carry in effect the authorization.
ROGERS: I think it's a real
stretch, the legal interpretation that is being made. I'm very skeptical about
the use of Byrne (ph) grants for that purpose. I doubt that it falls within the
excepted statutory purpose. So, I would hope we could talk further about that.
ROBINSON: We'd be happy to talk with you about that, Mr. Chairman.
ROGERS: Mr. Serrano.
SERRANO: Thank you, Mr. Chairman.
General, one of these vocations where I'm going to show the
difference, one of the major differences between being on this subcommittee for
years, as you have, and a couple of notes (ph) that I have for a month. And that
is, when we speak about inmates, are you talking about programs where you assist
localities with their inmates? Or, are we talking about federal inmates? And if
we are, inmates in federal prisons, and if we are, you talk about juveniles, you
might teach me something. Do we have juveniles in federal prisons?
ROBINSON: Sir, all of our money goes to states and localities in the
form of grants.
SERRANO: That's what I thought. If I had my way, I'd
fund both, but I don't' have my way.
When you said, you just used a
phrase, for my information, domestic terrorism, was that correct in using that?
What are we talking about here?
ROBINSON: Well, as opposed to
international, I just meant within the United States.
SERRANO:
Within but not caused by local courts and etc., right?
ROBINSON:
That's correct. I think the term is usually used, for example, in the domestic
preparedness discussions about events that actually take place within the
continental United States or the Alaska, Hawaii, etc.
SERRANO: And
territories.
ROBINSON: And territories, yes, sir.
SERRANO: Territories are important.
(LAUGHTER)
And I'm being nice, Mr. Chairman, I'm not saying colonies.
(LAUGHTER)
The drug, the anti-drug abuse act, you say
there is a report coming to show how successful they've been?
BILCHIK: There is an interim report that showed what level of
exposure youth and families had to the ad campaign thus far. There will be a
follow up report. I believe WestCam (ph) is doing the evaluation of the project,
about what the impact of those ads have been. Have they changed children's
impressions of the dangers and risks involved with using drugs? And that's the
critical component because if you do increase the awareness of the risks
involved with using drugs, our research shows that the use will go down. There
is a direct correlation to increased perception of risks, decrease in use.
SERRANO: Bring me up to date, which one of your ads, the one that
(OFF MIKE)
BILCHIK: No, the ONDCP ads are a variety, the woman with
the frying pan in the kitchen is an ONDCP ad. The ad you may have seen in the
movie theaters recently of the youth who is taking the back alley to get home
because he is afraid of the gang members in his community, is one of those ads.
Talking to your children about drugs, what happens if you don't talk to your
children about drugs, is part of that ad campaign.
What's happened
with this campaign, however, is that the $185 some million that has been
invested in it, has rolled over into more than $400 million of in-kind ads that
have been run by the television networks and different cable stations.
SERRANO: How much?
BILCHIK: Over $400 million in
leveraged ads.
SERRANO: So, we're getting close to $600 million ads.
BILCHIK: Right. So, when you see an ad that may be run on a
mentoring program -- and we know that mentoring programs reduce substance abuse.
That is a direct result of the congressional investment in this area. And so, we
see a variety of tangential ads that don't look like they are from ONDCP, but
they would not have been in prime time but for this undertaking. So, we're
pleased with what's happening thus far. We're looking forward to finding out
what the impact is overall.
SERRANO: Did you say TV ads, movie...
BILCHIK: Radio, there are print ads...
SERRANO: How many
languages do you run them in?
BILCHIK: I couldn't answer that,
department heads...
SERRANO: But you're running more than one
language, correct?
BILCHIK: I really would be guessing. I would be
making an assumption.
SERRANO: Oh, you don't know if you're running
(OFF MIKE), in English?
BILCHIK: Not being the oversight of that
campaign, I don't know how many languages they are running -- whether besides
English, Spanish, other languages.
SERRANO: I would hope they are.
BILCHIK: I would imagine that would reach more of the population of
this country if they were. But I don't want to guess. I can follow up and find
out for you and let you know the answer. We are looking at different
publications that reach targeted populations like a publication written by
parents about abducted children, we're printing that in Spanish. Because we need
to know we've reached that population in this country as well.
ROGERS: Let us know what languages the media campaign is (OFF MIKE).
BILCHIK: Will do.
SERRANO: I have no further questions.
ROGERS: Well, thank you very much for your testimony. It's been a
useful hearing for us. Hopefully, the drug picture today is all important
because this is the money that goes to our local communities. But out of the
federal coffers that there is something to supplement what essentially are state
and local responsibilities, juvenile crime, most crime is state jurisdiction.
And so, these are not federal crimes or federal items that are normally on our
plate.
And as has been said, this subcommittee has helped beef up
this section of what Justice does in an enormous way in the last few years. And
it appears to be paying off. The juvenile crime rate is encouraging, very
encouraging as is the overall crime rate. And I think a big part of that is -- a
big reason for that, is what you do with the funds that we have given. And so, I
think there has been very little of self-congratulations here.
Thank
you. We've got a long ways to go, but I think we're making some real progress.
Thank you.
END
NOTES:
Unknown -
Indicates Speaker Unkown
Inaudible - Could not make out what was being
said.
off mike - Indicates could not make out what was being said.
PERSON: HAROLD ROGERS (94%); LAURIE
ROBINSON (59%); CHARLES H TAYLOR (57%); JIM
KOLBE (57%); RALPH S REGULA (57%); TOM
LATHAM (56%); DAN MILLER (56%); JULIAN C
DIXON (55%); JOSE E SERRANO (55%); LUCILLE
ROYBAL-ALLARD (54%); ALAN B MOLLOHAN (54%);
LOAD-DATE: March 21, 1999