HR 82 IHCommentsClose CommentsPermalink

112th CONGRESSCommentsClose CommentsPermalink

1st SessionCommentsClose CommentsPermalink

H. R. 82CommentsClose CommentsPermalink

To reauthorize and amend part EE of the Omnibus Crime Control and Safe Streets Act of 1968 relating to drug courts.CommentsClose CommentsPermalink

IN THE HOUSE OF REPRESENTATIVESCommentsClose CommentsPermalink

January 5, 2011CommentsClose CommentsPermalink

Ms. JACKSON LEE of Texas introduced the following bill; which was referred to the Committee on the JudiciaryCommentsClose CommentsPermalink

A BILLCommentsClose CommentsPermalink

To reauthorize and amend part EE of the Omnibus Crime Control and Safe Streets Act of 1968 relating to drug courts.CommentsClose CommentsPermalink

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

SECTION 1. SHORT TITLE; FINDINGS.

(a) Short Title- This Act may be cited as the ‘Drug Court Reauthorization Act’.CommentsClose CommentsPermalink





(b) Findings- The Congress finds the following:CommentsClose CommentsPermalink





(1) Studies have concluded that drug courts significantly reduce crime by as much as 35 percent more than other sentencing options.CommentsClose CommentsPermalink





(2) Nationwide, 75 percent of participants who successfully complete a drug court program remain arrest-free for at least 2 years after leaving the program, and some studies demonstrate that many graduates remain arrest-free for many more years.CommentsClose CommentsPermalink





(3) Drug courts are 6 times more likely than other sentencing options to keep offenders in treatment long enough to recover, and in programs with less supervision than drug courts, 70 percent of participants drop out of treatment permanently.CommentsClose CommentsPermalink





(4) Nationwide, for every $1 invested in drug courts, taxpayers save as much as $3.36.CommentsClose CommentsPermalink





(5) In 2007, for every Federal dollar invested in drug courts, $9 was leveraged in State funding.CommentsClose CommentsPermalink

SEC. 2. DRUG COURTS.

(a) In General- Part EE of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797u et seq.) is amended to read as follows:CommentsClose CommentsPermalink

‘PART EE--DRUG COURTS

‘SEC. 2951. GRANT AUTHORITY.

‘(a) In General- The Attorney General may make grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or private entities, for adult drug courts, juvenile drug courts, family drug courts, and tribal drug courts that involve--CommentsClose CommentsPermalink





‘(1) continuing judicial supervision over offenders, and other individuals under the jurisdiction of the court, with substance abuse problems;CommentsClose CommentsPermalink





‘(2) coordination with the appropriate State or local court, State or local substance abuse treatment authority, public defender, and prosecutor; andCommentsClose CommentsPermalink





‘(3) the integrated administration of other sanctions and services, which shall include--CommentsClose CommentsPermalink





‘(A) mandatory periodic testing for the use of controlled substances or other addictive substances during any period of supervised release or probation for each participant;CommentsClose CommentsPermalink





‘(B) substance abuse treatment for each participant, commensurate with the clinical needs of the participant;CommentsClose CommentsPermalink





‘(C) diversion, probation, or other supervised release involving the possibility of prosecution, confinement, or incarceration based on noncompliance with program requirements or failure to show satisfactory progress;CommentsClose CommentsPermalink





‘(D) offender management and aftercare services such as relapse prevention, health care, education, vocational training, job placement, housing placement, and child care or other family support services for each participant who requires such services;CommentsClose CommentsPermalink





‘(E) payment, in whole or part, by the offender of treatment costs, to the extent the court determines that such payment is practicable, such as costs for urinalysis or counseling; andCommentsClose CommentsPermalink





‘(F) payment, in whole or part, by the offender of restitution, to the extent the court determines that such payment is practicable, to either a victim of the offender’s offense or to a restitution or similar victim support fund.CommentsClose CommentsPermalink





‘(b) Limitation- Economic sanctions imposed on an offender pursuant to this section shall not be at a level that would interfere with the offender’s rehabilitation.CommentsClose CommentsPermalink





‘(c) Mandatory Drug Testing and Mandatory Sanctions-CommentsClose CommentsPermalink





‘(1) MANDATORY TESTING- Grant amounts under this part may be used for a drug court only if such court has mandatory periodic testing as described in subsection (a)(3)(A). The Attorney General shall, by prescribing guidelines or regulations, specify standards for the timing and manner of complying with such requirements. The standards--CommentsClose CommentsPermalink





‘(A) shall ensure that--CommentsClose CommentsPermalink





‘(i) each participant is tested for every controlled substance that the participant has been known to abuse, and for any other controlled substance the Attorney General or the court may require; andCommentsClose CommentsPermalink





‘(ii) such testing is accurate and practicable; andCommentsClose CommentsPermalink





‘(B) may require approval of the drug testing regime to ensure that adequate testing occurs.CommentsClose CommentsPermalink





‘(2) MANDATORY SANCTIONS- The Attorney General shall, by prescribing guidelines or regulations, specify that grant amounts under this part may be used for a drug court only if such court imposes graduated sanctions that increase punitive measures, therapeutic measures, or both, whenever a participant fails a drug test. Such sanctions and measures may include one or more of the following:CommentsClose CommentsPermalink





‘(A) Incarceration.CommentsClose CommentsPermalink





‘(B) Increased time in the drug court program.CommentsClose CommentsPermalink





‘(C) Termination from such program.CommentsClose CommentsPermalink





‘(D) Increased drug screening requirements.CommentsClose CommentsPermalink





‘(E) Increased court appearances.CommentsClose CommentsPermalink





‘(F) Increased supervision.CommentsClose CommentsPermalink





‘(G) Electronic monitoring.CommentsClose CommentsPermalink





‘(H) In-home restriction.CommentsClose CommentsPermalink





‘(I) Community service.CommentsClose CommentsPermalink

‘SEC. 2952. ADMINISTRATION.

‘(a) Consultation- The Attorney General shall consult with the Secretary of Health and Human Services and any other appropriate officials in carrying out this part.CommentsClose CommentsPermalink





‘(b) Use of Components- The Attorney General may utilize any component or components of the Department of Justice in carrying out this part.CommentsClose CommentsPermalink





‘(c) Regulatory Authority- The Attorney General may issue regulations and guidelines necessary to carry out this part.CommentsClose CommentsPermalink

‘SEC. 2953. APPLICATIONS.

‘(a) In General- To request funds under this part, the chief executive or the chief justice of a State or the chief executive or judge of a unit of local government or Indian tribal government, or the chief judge of a State court or the judge of a local court or Indian tribal court shall submit an application to the Attorney General in such form and containing such information as the Attorney General may require.CommentsClose CommentsPermalink





‘(b) Content- In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this part shall--CommentsClose CommentsPermalink





‘(1) include a long-term strategy and detailed implementation plan for the drug court program to be carried out under such grant;CommentsClose CommentsPermalink





‘(2) explain the applicant’s inability to fund the program adequately without Federal assistance;CommentsClose CommentsPermalink





‘(3) certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available;CommentsClose CommentsPermalink





‘(4) identify related governmental or community initiatives which complement or will be coordinated with the proposal;CommentsClose CommentsPermalink





‘(5) certify that there has been and will continue to be appropriate consultation with all affected agencies in the implementation of the program;CommentsClose CommentsPermalink





‘(6) certify that participating offenders will be supervised by 1 or more designated judges with responsibility for the drug court program;CommentsClose CommentsPermalink





‘(7) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support;CommentsClose CommentsPermalink





‘(8) certify that statements made by an offender during, or for admission to, a drug court program (including to judges, prosecutors, defense counsel, social service providers, and other public health and public safety professionals who work in the drug court) regarding the offender’s drug use shall not be used as evidence against the offender in any criminal proceeding other than a proceeding that is part of the drug court program, including drug court proceedings involving sanctions, program termination, and related matters such as probation violation hearings based on noncompliance with the terms of participating in the drug court program;CommentsClose CommentsPermalink





‘(9) certify that admission criteria for the program--CommentsClose CommentsPermalink





‘(A) are broad enough to ensure access for all drug-dependent, high-risk individuals under the court’s jurisdiction who are not violent offenders;CommentsClose CommentsPermalink





‘(B) do not discriminate based upon race, gender, religion, national origin, economic status, or immigration status; andCommentsClose CommentsPermalink





‘(C) are established by a panel or commission with broad representation from stakeholders in the criminal justice community, including judges, prosecutors, defense counsel, and social service providers;CommentsClose CommentsPermalink





‘(10) certify that the applicant has established a policy for the consideration and selection of offenders who are not violent offenders to participate in the program, based on the admission criteria pursuant to paragraph (9), that--CommentsClose CommentsPermalink





‘(A) has been approved by the judge or judges with responsibility for the drug court program under paragraph (6) and any other parties responsible for such consideration and selection of offenders, including prosecutors, defense counsel, and social service providers, as appropriate;CommentsClose CommentsPermalink





‘(B) includes a process to ensure that the individual circumstances of offenders are considered to take into account mitigating factors related to the offender, as appropriate; andCommentsClose CommentsPermalink





‘(C) ensures that the public safety needs of the applicant’s jurisdiction are met;CommentsClose CommentsPermalink





‘(11) demonstrate the existence of adequate protections for participating offenders’ right to competent counsel under the Sixth Amendment to the Constitution;CommentsClose CommentsPermalink





‘(12) outline ways for ensuring access to the program for offenders who are high-risk for continued substance abuse and drug-related crime, are facing the longest sentences, and are high-need based on drug dependency;CommentsClose CommentsPermalink





‘(13) describe the methodology that will be used in evaluating the program, including demonstration of research related to alternative sentences for offenders whose illegal conduct was caused by drug dependency; andCommentsClose CommentsPermalink





‘(14) certify that substance abuse treatment services provided to participants are licensed or accredited by the State substance abuse authority and that State standards of care are utilized.CommentsClose CommentsPermalink





‘(c) Definition- In this section:CommentsClose CommentsPermalink





‘(1) The term ‘violent offender’ means an individual who has committed an offense that, by its nature, involves a substantial use of physical force with the specific intent to cause serious bodily injury or harm to another individual, as determined by the entity applying for or receiving a grant under this part.CommentsClose CommentsPermalink





‘(2) The term ‘sex offender’ means an individual who has committed an act of sexual assault as such term is defined in section 40002 of the Violence Against Women Act of 1994 (42 U.S.C. 13925).CommentsClose CommentsPermalink

‘SEC. 2954. FEDERAL SHARE.

‘(a) In General- The Federal share of a grant made under this part may not exceed 75 percent of the total costs of the program described in the application submitted under section 2953 for the fiscal year for which the program receives assistance under this part, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section.CommentsClose CommentsPermalink





‘(b) In-Kind Contributions- In-kind contributions may constitute a portion of the non-Federal share of a grant.CommentsClose CommentsPermalink

‘SEC. 2955. DISTRIBUTION AND ALLOCATION.

‘(a) Consideration and Distribution- The Attorney General shall ensure that--CommentsClose CommentsPermalink





‘(1) all States, State courts, local courts, units of local government, and Indian tribal governments are provided with an opportunity to apply and be considered for a grant under this part; andCommentsClose CommentsPermalink





‘(2) to the extent practicable, an equitable geographic distribution of grant awards is made.CommentsClose CommentsPermalink





‘(b) Technical Assistance and Training- Unless one or more applications submitted by any State or unit of local government within such State (other than an Indian tribe) for a grant under this part has been funded in any fiscal year, such State, together with eligible applicants within such State, shall be provided targeted technical assistance and training by the Bureau of Justice Assistance to assist such State and such eligible applicants to successfully compete for future funding under this part, and to strengthen existing State drug court systems. In providing such technical assistance and training, the Bureau of Justice Assistance shall consider and respond to the unique needs of rural States, rural areas, and rural communities.CommentsClose CommentsPermalink

‘SEC. 2956. REPORT.

‘A State, Indian tribal government, or unit of local government that receives funds under this part during a fiscal year shall submit to the Attorney General a description and an evaluation report on a date specified by the Attorney General regarding the effectiveness of this part.CommentsClose CommentsPermalink

‘SEC. 2957. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

‘(a) Technical Assistance and Training- The Attorney General may provide technical assistance and training in furtherance of the purposes of this part.CommentsClose CommentsPermalink





‘(b) Evaluations- In addition to any evaluation requirements that may be prescribed for grantees (including uniform data collection standards and reporting requirements), the Attorney General shall carry out or make arrangements for evaluations of programs that receive support under this part.CommentsClose CommentsPermalink





‘(c) Administration- The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Attorney General, in collaboration with the Secretary of Health and Human Services, or through grants, contracts, or other cooperative arrangements with other entities.’.CommentsClose CommentsPermalink





(b) Reauthorization- Paragraph (25) of section 1001(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended to read as follows:CommentsClose CommentsPermalink





‘(25)(A) There are authorized to be appropriated to carry out part EE--CommentsClose CommentsPermalink





‘(i) $125,000,000 for fiscal year 2012;CommentsClose CommentsPermalink





‘(ii) $150,000,000 for fiscal year 2013;CommentsClose CommentsPermalink





‘(iii) $200,000,000 for fiscal year 2014; andCommentsClose CommentsPermalink





‘(iv) $250,000,000 for each of fiscal years 2015 through 2018.CommentsClose CommentsPermalink





‘(B) The Attorney General shall reserve not less than 1 percent and not more than 4.5 percent of the sums appropriated for this program in each fiscal year for research and evaluation of this program.’.CommentsClose CommentsPermalink