The current laws governing weightlifting in federal prisons come from the large annual appropriations bill. The bill provides the Federal Prison system with its operational budget for Oct. 1, 1998 to Sept. 30, 1999 and lists certain things (including weight lifting equipment) that budget money can not be expended for. The restrictions are commonly referred to as the Zimmer Ammendment, and they have been added to the bill for the last several years. When the restrictions first occurred, the Federal Bureau of Prisons responded with a question and answer document to further interpret the restrictions to their recreation staff.

In January 1999, Congressman Bob Franks of New Jersey introduced a bill (HR 370) similar to the original Zimmer bill and to the bill he introduced in 1997. Among other things, it calls for an outright ban of weightlifting in both state and federal correctional institutions. States will lose truth in sentencing incentive grants if they do not comply.

Summary of the Bill

Text of the Bill

Status of the Bill

SUMMARY

(AS INTRODUCED)

No Frills Prison Act - Amends the Violent Crime Control and Law Enforcement Act of 1994 to require a State, to be eligible for truth in sentencing incentive grants, to demonstrate that it: (1) provides living conditions and opportunities within its prisons that are not more luxurious than those that the average prisoner would have experienced if not incarcerated; (2) does not provide to any such prisoner specified benefits or privileges, including earned good time credits, less than 40 hours a week of work that either offsets or reduces the expenses of keeping the prisoner or provides resources toward restitution of victims, unmonitored phone calls (with exceptions), in-cell television viewing, possession of pornographic materials, instruction or training equipment for any martial art or bodybuilding or weightlifting equipment, or dress or hygiene other than as is uniform or standard in the prison; and (3) does not provide, for a prisoner serving a sentence for a crime of violence which resulted in serious bodily injury to another, housing other than in separate cell blocks intended for violent prisoners, less than nine hours a day of physical labor (with exceptions), any release from the prison for any purpose unless under physical or mechanical restraint, any viewing of television, any inter-prison travel for competitive sports, more than one hour a day spent in sports or exercise, or possession of personal property exceeding 75 pounds in total weight or that cannot be stowed in a standard size U.S. military issue duffel bag.

Directs the Attorney General to establish similar conditions in the Federal prison system.

No Frills Prison Act (Introduced in the House)

HR 370 IH

To amend the Violent Crime Control and Law Enforcement Act of 1994 to prevent luxurious conditions in prisons.

January 19, 1999

Mr. FRANKS of New Jersey introduced the following bill; which was referred to the Committee on the Judiciary

To amend the Violent Crime Control and Law Enforcement Act of 1994 to prevent luxurious conditions in prisons.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `No Frills Prison Act'.

SEC. 2. ELIMINATION OF LUXURIOUS PRISON CONDITIONS.

(a) STATES- Section 20102(a) of the Violent Crime Control and Law Enforcement Act of 1994 is amended--

(1) by inserting `(A)' after `(1)';

(2) by redesignating existing paragraph (2) as subparagraph (B);

(3) by redesignating existing subparagraphs (A) through (D) as clauses (i) through (iv) respectively;

(4) by redesignating existing clauses (i) and (ii) as subclauses (I) and (II);

(5) by striking the period at the end and inserting `; and'; and

(6) by adding at the end the following:

`(2) provides living conditions and opportunities to prisoners within its prisons that are not more luxurious than those conditions and opportunities the average prisoner would have experienced if such prisoner were not incarcerated, and does not provide to any such prisoner--

`(A)(i) earned good time credits;

`(ii) less than 40 hours a week of work that either offsets or reduces the expenses of keeping the prisoner or provides resources toward restitution of victims;

`(iii) unmonitored phone calls, except when between the prisoner and the prisoner's immediate family or legal counsel;

`(iv) in-cell television viewing;

`(v) the viewing of R, X, or NC-17 rated movies, through whatever medium presented;

`(vi) possession of any pornographic materials;

`(vii) any instruction (live or through broadcasts) or training equipment for boxing, wrestling, judo, karate, or other martial art, or any bodybuilding or weightlifting equipment of any sort;

`(viii) except for use during required work, the use or possession of any electric or electronic musical instrument, or practice on any musical instrument for more than one hour a day;

`(ix) use of personally owned computers or modems;

`(x) possession of in-cell coffee pots, hot plates, or heating elements;

`(xi) any living or work quarters into which the outside view is obstructed;

`(xii) food exceeding in quality or quantity that which is available to enlisted personnel in the United States Army;

`(xiii) dress or hygiene, grooming and appearance other than those allowed as uniform or standard in the prison; or

`(xiv) equipment or facilities at public expense for publishing or broadcasting content not previously approved by prison officials as consistent with prison order and prisoner discipline; and

`(B) in the case of a prisoner who is serving a sentence for a crime of violence which resulted in serious bodily injury to another--

`(i) housing other than in separate cell blocks intended for violent prisoners and designed to emphasize punishment rather than rehabilitation;

`(ii) less than 9 hours a day of physical labor, with confinement to cell for any refusing to engage in that labor, but a prisoner not physically able to do physical labor may be assigned to alternate labor;

`(iii) any temporary furlough, leave, excursion, or other release from the prison for any purpose, unless the prisoner remains at all times under physical or mechanical restraints, such as handcuffs, and under the constant escort and immediate supervision of at least one armed correctional officer;

`(iv) any viewing of television;

`(v) any inter-prison travel for competitive sports, whether as a participant or spectator;

`(vi) more than one hour a day spent in sports or exercise; or

`(vii) possession of personal property exceeding 75 pounds in total weight or that cannot be stowed in a standard size United States military issue duffel bag.'.

(b) FEDERAL-

(1) GENERALLY- The Attorney General shall by rule establish conditions in the Federal prison system that, as nearly as may be, are the same as those conditions required in State prisons under section 20102(a) of the Violent Crime Control and Law Enforcement Act of 1994 as amended by this section.

(2) CONFORMING AMENDMENT- Section 3624 of title 18, United States Code, is amended by striking subsection (b).

STATUS: Detailed Legislative Status

House Actions

Jan 19, 99:

Referred to the House Committee on the Judiciary.

Feb 25, 99:

Referred to the Subcommittee on Crime.

Strength Tech comment: Interesting that the bill has NO co-sponsors, vs. having about 30 in 1997. We do not expect this bill to come out of committee, but it is an indicator the issue is not dead.

Back to Federal Laws Page

Back to Laws Menu

Back to Weight Lifting in Prisons Menu

Back to Strength Tech Home Page