Sec. 102. Procedures to reduce over-federalization
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/bill/115/hr/4261/ih/section-102·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Not later than 180 days after the date of the enactment of this Act, in order to reduce over-federalization and over-incarceration, the Attorney General shall create and implement procedures— to provide coordination by Federal prosecutors and law enforcement agencies with other Federal agencies to determine— whether unlawful conduct that involves the administrative competencies of other Federal agencies is best addressed by civil sanctions or criminal charges; and if such conduct is best addressed by criminal charges, whether diversion or criminal prosecution is more appropriate; and to provide coordination by Federal prosecutors and law enforcement agencies with State prosecutors and law enforcement agencies to reduce duplicative Federal prosecutions of the same offender for the same conduct that may be prosecuted at the State level.
Not later than 1 year after the date of the enactment of this Act, the Inspector General of the Department of Justice shall report to the Congress, for the period beginning on the date of the enactment of this Act and ending as closely as feasible to the date on which the report is made, on— the number of cases referred from law enforcement or other agencies for Federal prosecution in which the alleged unlawful conduct involved a violation of a regulation promulgated by a Federal agency other than the Department of Justice; or the number of cases accepted for Federal prosecution— by judicial district; by mens rea; by penalty imposed; by costs; the estimated Federal correctional costs of those cases in prison bed-years; the number of cases declined for Federal prosecution; and the number of cases accepted for Federal prosecution by offense by judicial district, including the offense’s mens rea and criminal penalty imposed.