Senator Binks. Let me pursue that. The testimony that I have heard w far seemed to me to be saying this. Localities are saying, in general, than they want to be provided with the opportunities but do not want to be formed to take the program. The complaint in the past has been that we will sign on for an education program but we find out it is really a civil rights program and so on.

I happen to agree with you. I think there would be little movement many areas were it not for Federal bladeoning, in effect. Some of this is simply flat out blackmail. It is not just the carrot, it is the stick as you point out.

I wish you would all think a little bit about that with regard to this

program.

It is one thing to say, whether it be 1 year or 3 years, that we are going to fund you if you want to have a career criminal program. It is another thing to say to you that if you want moneys in other areas of law enforcement you must have a career criminal program.

I am not at all sure you may not be right, but I am sure that it is ferent than the focus and thrust that is being at least echoed through these halls these days. I hope we know where we are.

Mr. SONNER. I cannot speak for the other witnesses. I have no problem being told to get a program which I have already applied for and received.

However, it would seem to me that those jurisdictions which want to take advantage of the latter part of Senator Mathias' bill-that is, providing for the regional prisons should continue to fund those career criminal programs which send those prisoners out.

Senator BIDEN. I am not disagreeing. I am making a distinction. Mr. KELLEY. Senator, I think it is counterproductive for this kind of program to require anybody to have it because what will happen is that it will fall into disuse and be a sham. It will be called a career criminal program and the figures will be sent in on a quarterly basis but they will not really have any relationship to reality. Unless an official wants to run this kind of a program in his office, it will not accomplish its purpose.

Senator BIDEN. Quite frankly, that has been my experience in my 6 years here with a lot of the programs you are talking about. Let's take a look at LEAA funding generally.

By the way, we will have the Assistant Administrator for LEAA as a witness today. I hope he has not become too fed up.

But one of the problems and criticisms of the studies made of LEAA has been the oversight function which has not been adequate on the part of either LEAA or Congress. I wonder whether or not we are ever capable of having a really oversight capability. I wonder how capable we ever can be in administering a multibillion dollar program over a long period of time, effectively exercising oversight without so diminishing iniative that we spend more of our time overseeing than we do moving on.

So, maybe one of the alternatives to that is this. I have not concluded this in my own mind yet, but maybe one alternative is a happy medium where in at least in some of the programs like the career criminal program we do not insist upon it, knowing that if you apply for it you are more than likely to desire to keep it going. Human nature is, I think, that if you are moving for it you are more likely

plement it properly. That is why I am less inclined to see to at in the career criminal program we fund new deputies for han I am to fund the process for you. We need some Federal pro. So, even though the germ that sparked the interest was not areer criminal program per se but more a personnel need, the ting program is the same.

have watched this happen here in the Senate. I watched the fight et this committee. This subcommittee, I think, had the largest of any. People sit down and say they may not be interested in riminal law subcommittee but it has a budget of a certain numof dollars, so if I move there, I can get that staff. None of you le would think that way, but there are some people out there who at think along those line. [Laughter.]

have just become very skeptical of the ability to insist upon these rams and to make them work and to oversee them. We have gh trouble, it seems to me, insisting on programs which are lutely essential.

think were the Federal Government not involved in civil-rights rcement we would not have civil rights in this country. I think absolutely essential that this Federal Government keep its dled hand in that area. It is also absolutely essential in other areas We certainly have enough trouble doing that without these other

gs.

gain, I am citing this to you because I think one of the things eed to be concerned about is this. I do not think I am any longer e in my skepticism on the Hill. I think there are a lot of newer bers, both Democrats and Republicans, who share the same deof skepticism. More and more people are wondering about the ty of government to perfect and the ability of Federal Governto perfect local governments.

is will all be part of the ongoing fight and I hope it is a contive fight as it relates to Federal funding.

conclusion, we absolutely have to meet our commitment. It is geous for us to say that we are going to fund you for 2 years mply that you should not worry.

nd your testimony very helpful, gentlemen.

ank you very much, gentlemen.

r next and last witness is Mr. J. Robert Grimes, Assistant inistrator, Law Enforcement Assistance Administration.

. Grimes, I particularly want to thank you for allowing the panel strict attorneys to go ahead of you. That was nice of you.

ill do my best to let you proceed from beginning to end without upting you. Most of the issues have been raised so I may not have any questions. I am sure you are as hungry as I am.

EMENT OF J. ROBERT GRIMES, ASSISTANT ADMINISTRATOR, W ENFORCEMENT ASSISTANCE ADMINISTRATION; ACCOMNIED BY JAMES G. VETTER, CHIEF, POLICE SECTION, CRIMAL JUSTICE PROGRAMS; AND CHARLES M. HOLLIS, CAREER MINAL PROGRAM MANAGER

GRIMES. I appreciate that, Senator.

72

I nave, with me today Mr. Jim Vetter, who is the program director few tow price component of the career criminal program and Mr. Ford Holig, of the prosecutor's side of the program.

I nw.re, % written statement which, with your permission. I would

Senate Wilms. That would be fine. Without objection, the prepared daberent, wil be inserted in the record at this point.

Material follows:]

army on 1. HOBERT GRIMes, Assistant ADMINISTRATOR, LAW ENFORCEMENT ABBINTANCE ADMINISTRATION

1 am toga, Mr. Chairman, to appear today before the Senate Subcommittee An Coiminal laws and Procedures to discuss the Law Enforcement Assistance Advertstrations Career Criminal Program. This Program is one of which the Any particularly proud. Notable success has been evidenced by statistical indowther, we sell as the fact that similar projects are being initiated throughout wye kommtry by minies and localities using either LEAA block grant funds or their

sure reying more than seventy-two thousand Superior Court Cases in Washingww, tits, geral years ago, the Institute for Law and Social Research IN*k #1 Meered that only seven percent of all persons arrested accounted five nowely 35 percent of the caseload. In early 1973, the Bronx, New York, DisFrict Attorney's Omes reached a similar conclusion and applied for LEAA block Went funds to establish an internal unit titled the Major Offense Bureau. This www # mat devoted exclusively to the selection and prosecution of defendants Aceput with exclous crimes. The effort has since been designated an "Exemplary Pened by LMA A's National Institute of Law Enforcement and Criminal Justice tort hum merved as a host program site for active and potential Career Criminal

froud on this warly Andings and the staff work of a special LEAA committee, #foctoral demonstration Initiative was begun în 1975. Through this initiative, Halleration funded Career Criminal Program, LEAA would provide to local przed zutore Bummetal and technical assistance to show that early identification Brot repaftum and full prosecution of recidivist defendants would results in a Apl talk of lefton and longer sentences. It was implied that such an effort shubi mare to deter the serious, repeat offender, and offer a real prospect for Tuquet om thus beality's ertine rain

Forrent Fumiunt Program demonstration effort foresaw an initial grant # * denottomary funds followed by one continuation award. During the That atat pestot ff was expeat that the applicant would build and refine itu raundry mingisenty to achieve a suplistivated and successful Career Criminal putt Fontup the add your the weg would attain its objectives, demonstrating Hot worth of gesumpiton of ove by the general revenue source of the juris

This ritual Inerted at xiv. Dex Piepmaly seed from fragmentation, lack Euron. Integer ev quæ vegliche planning. The prosethat pipes may be Meno da svarby a scaneous investigations, lack aqui ant vitis rite ve hevine Jet wel aseloads, inapprofall biterone pptip den^^g do a`min ximations, pretrial pakympin pereti jitle. Ne gre na ind a sorrending 21formation leading to plan ve enyi dalapayapa `ʼn grade bar KDË MËZVE SUSTENs. Specially of jobiy my pussy megpingahova, THE GORROSIONE of the Career Criminal

When a defendant is identified as a career criminal in a jurisdiction with a eer Criminal program, he is usually assigned to an experienced prosecutor who I handle the case all the way from arraignment, through the entire adjudicay process. The prosecutor will see that the case is expedited and that the tencing judge is fully aware of the defendant's past record.

o accelerate reform in this critical area, LEAA developed a computer inforion system for prosecutors known as PROMIS (Prosecutor's Management ormation System). The system provides courts and prosecutors instant acsto arrest and court records that formerly took days-or weeks-to retrieve. OMIS is fully operational in 17 cities and partly operational in 16 others. It is ected to be fully operational in 44 other cities within two years. When a defendant is booked, a prosecuting attorney can determine if there any cases pending against him and, if there are, the prosecutor can note type of release the defendant last received, identify the prosecutor that dled the previous charge and notify him or her of the defendant's new arrest. I case is classified for action based on the seriousness of the crime, the deof harm done to society and such factors as frequency of prior arrests, numand kind of previous arrests, and use of aliases.

he Career Criminal programs are proving highly successful in getting recidis off the streets. From May 1975 through January 1978, 6,641 defendants were tified as career criminals in 24 jurisdictions getting LEAA discretionary is. There was a 94.7 percent conviction rate. These convictions were for 09 crimes: 3,179 were by trial and 7,230 by guilty pleas. The offenses ined robbery (3,074), burglary (2,149), rape (574), homicide (356), feloniassault (754), kidnapping (171), and grand larceny (790). Of the 6,641 deants, 89.4 percent were convicted of a major felony as charged-without bargaining. Sentences averaged 15.4 years.

he defendants had a total of 84,367 prior arrests and 38,710 prior convictions. e 53 percent were on conditional release-parole, probation, bail, or personal gnizance—for another crime when they were arrested and designated career inals.

the 24 jurisdictions, the median time from arrest to disposition of the case 106 days, far shorter than in the past. The career criminal unit of the Bronx ty District Attorney's Office took 97 days from arrest to case disposition, pared to 400 days for other parts of the office. The unit had a 92 percent trial iction rate, compared to a 52 percent rate for cases handled in a traditional

ner.

e Rhode Island career criminal unit reduced the time for case disposition by days: A case in the district attorney's office generally took 377 days, while a er criminal case took 272 days to dispose of.

New Orleans, the main prosecuting office took 116 days to dispose of a case, e the career criminal unit took 63 days. In Detroit, the career criminal unit eved final disposition 152 days, compared to the normal 224 days. In Indians, the difference was 145 days, compared to a usual 186 days.

ere were other favorable comparisons, Mr. Chairman. In Detroit, the perge of dismissals caused by disappearing or noncooperative witnesses was 49 ent in routinely handled cases, but only 17.4 percent in the career criminal ram. The fact that the assistant district attorneys assigned to career criminal = generally carry about half the load of a regular prosecutor helps assure that = are prosecuted promptly and that adequate attention is given to all details e prosecution.

ime statistics were available in only 17 of the 22 jurisdictions studied, but suggested that the career criminal programs were making a decided impact. reduction in robberies in the 17 cities exceeded the national average by 54 nt. The reduction in burglaries exceeded the national average by 30 percent. e Career Criminal Program was launched in 18 cities across the nation in with $4.2 million in grants. There are now programs in 36 jurisdictions supd with LEAA funds. Local resources are supporting programs in ten other dictions. California recently enacted legislation creating a State career crimprogram. It provides $3 million a year for career criminal units in district neys' offices throughout the State. The thrust of the program is to pinpoint epeat offender when he is arrested and give the case special handling. assist in replication of career criminal programs, LEAA has supported an sive program of technical assistance. Jurisdictions interested in starting a et are provided up-to-date information and instruction in techniques. related program, aimed at police efforts, is the Integrated Criminal Appreon Program (ICAP). ICAP provides a method for integrating and directing activities related to crime prevention, detection, and investigation based on

I have with me today Mr. Jim Vetter, who is the program director for the police component of the career criminal program and Mr. Bud Hollis, of the prosecutor's side of the program.

I have a written statement which, with your permission, I would like to summarize.

Senator BIDEN. That would be fine. Without objection, the prepared statement will be inserted in the record at this point.

[Material follows:]

STATEMENT OF J. ROBERT GRIMES, ASSISTANT ADMINISTRATOR, LAW ENFORCEMENT ASSISTANCE ADMINISTRATION

I am pleased, Mr. Chairman, to appear today before the Senate Subcommittee on Criminal Laws and Procedures to discuss the Law Enforcement Assistance Administration's Career Criminal Program. This Program is one of which the Agency is particularly proud. Notable success has been evidenced by statistical indicators, as well as the fact that similar projects are being initiated throughout the country by states and localities using either LEAA block grant funds or their

own resources.

Surveying more than seventy-two thousand Superior Court Cases in Washington, D.C., several years ago, the Institute for Law and Social Research INSLAW) discovered that only seven percent of all persons arrested accounted for nearly 25 percent of the caseload. In early 1973, the Bronx, New York, District Attorney's Office reached a similar conclusion and applied for LEAA block grant funds to establish an internal unit titled the Major Offense Bureau. This was a unit devoted exclusively to the selection and prosecution of defendants charged with serious crimes. The effort has since been designated an "Exemplary Project" by LEAA's National Institute of Law Enforcement and Criminal Justice and has served as a host program site for active and potential Career Criminal Units.

Based on the early findings and the staff work of a special LEAA committee, a national demonstration initiative was begun in 1975. Through this initiative, the discretionary-funded Career Criminal Program, LEAA would provide to local prosecutors financial and technical assistance to show that early identification and expeditious and full prosecution of recidivist defendants would results in a high rate of conviction and longer sentences. It was implied that such an effort would serve to deter the serious, repeat offender, and offer a real prospect for impact on the locality's crime rate.

The Career Criminal Program demonstration effort foresaw an initial grant award of discretionary funds followed by one continuation award. During the initial award period it was expected that the applicant would build and refine the capacity necessary to achieve a sophisticated and successful Career Criminal unit. During the second year, the unit would attain its objectives, demonstrating itself worthy of assumption of cost by the general revenue source of the jurisdiction served.

The criminal justice system has historically suffered from fragmentation, lack of information, inadequate resources and poor or negligible planning. The prosecutorial process may be flawed by incomplete or erroneous investigations, lack of screening and effective crime charging, high prosecutorial caseloads, inappropriate bail decisions, ineffective handling of preliminary examinations, pretrial delay, overemphasis on plea bargaining, lack of sentencing information leading to inappropriate sentences, and deficiencies in probation and parole systems. Specially targeted priority prosecutorial emphasis, the cornerstone of the Career Criminal Program, ameliorates these conditions.

Individualized case preparation and presentation, narrowly drawn case selection criteria and individual screening according to these criteria minimize the negative effects of the system which I mentioned. These negative effects can permit experienced offenders to exploit the process to their advantage. Experienced prosecutors who oppose frivolous requests for continuances and avoid plea bargaining, combined with a commitment by the courts for priority docketing, can produce results which help assure the process will work as intended-in a fair and just fashion for both the accused and society. Victim/witness coordination, the use of habitual offender statutes where appropriate, consolidation of felony cases for prosecution, appropriate sentence recommendations, and involvement in parole decisions by prosecutors all do much to insure the successful prosecution and appropriate incarceration for these serious repeat offenders.