H.R.7149 - SERV Act
To provide grants to establish veteran's treatment courts.
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SECTION 1. SHORT TITLE.
SEC. 2. VETERAN’S TREATMENT COURTS.
(a) Delegation- The Director of the Office of National Drug Control Policy (referred to in this Act as the ‘Director’) shall delegate the authority to administer the program and other such activities necessary to carry out this Act to the Department of Justice.CommentsClose CommentsPermalink
(b) Grants- 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 the purpose of developing, implementing, or enhancing veteran’s treatment courts or expanding operational drug courts to serve veterans.CommentsClose CommentsPermalink
(c) Eligibility- Grants under this Act shall be made to veteran’s treatment courts and drug courts serving veterans that effectively integrate substance abuse treatment, mental health treatment, mandatory drug testing, sanctions and incentives, and transitional services, in a judicially supervised court setting with jurisdiction over nonviolent, substance-abusing offenders that have served in the United States military.CommentsClose CommentsPermalink
SEC. 3. GRANT AUTHORITY.
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 programs that involve--CommentsClose CommentsPermalink
(1) continuing judicial supervision over offenders with substance abuse or mental health problems who are not violent offenders and have served in the United States military; andCommentsClose 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
(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; andCommentsClose CommentsPermalink
(D) programmatic, 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
SEC. 4. APPLICATIONS.
(a) In General- To request a grant under this Act, a State, State court, local court, unit of local government, or Indian tribal government shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require.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
(5) certify that there has been appropriate consultation with all affected agencies, specifically the Department of Veterans Affairs and the Department of Health and Human Services, and that there will be appropriate coordination with all affected agencies in the implementation of the program;CommentsClose CommentsPermalink
(c) Certifications- Each such application shall contain the certification that the program for which the grant is requested shall meet each of the requirements of this Act.CommentsClose CommentsPermalink
SEC. 5. FEDERAL SHARE.
The Federal share of a grant made under this Act may not exceed 75 percent of the total costs of the program described in the application submitted under section 4 for the fiscal year for which the program receives assistance under this Act, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. In-kind contributions may constitute a portion of the non-Federal share of a grant.CommentsClose CommentsPermalink
SEC. 6. REPORTS AND EVALUATIONS.
(a) Report to Attorney General and the Director- For each fiscal year, each recipient of a grant under this Act during that fiscal year shall submit to the Attorney General, the Director, and the Secretary for Veterans Affairs a report regarding the effectiveness of activities carried out using that grant. Each report shall include an evaluation in such form and containing such information as the Attorney General may reasonably require. The Attorney General shall specify the dates on which such reports shall be submitted.CommentsClose CommentsPermalink
(b) Report to Congress- The Director, in consultation with the Attorney General, shall submit a yearly report on the effectiveness on the activities carried out under this Act to the House and Senate Committees on the Judiciary and the House and Senate Committees on Veterans Affairs.CommentsClose CommentsPermalink
SEC. 7. DEFINITIONS.
(1) VETERAN- The term ‘veteran’ means a person who served in the active military, naval, or air service, and who was discharged or released therefrom under conditions other than dishonorable.CommentsClose CommentsPermalink
(2) Veteran’S TREATMENT COURT- The term ‘veteran’s treatment court’ means a program specifically for veterans that meets the drug court criteria established by the Violent Crime Control and Law Enforcement Act of 1994 (
(iii) there occurred the use of force against the person of another, without regard to whether any of the circumstances described in clause (i) or (ii) is an element of the offense or conduct of which or for which the person is charged or convicted.CommentsClose CommentsPermalink
(B) has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm.CommentsClose CommentsPermalink
SEC. 8. ADMINISTRATION.
(a) Consultation- The Attorney General shall consult with the Secretary of Veterans Affairs, the Secretary of Health and Human Services, and any other appropriate officials in carrying out this Act.CommentsClose CommentsPermalink
(B) immediately suspend funding for any grant under this part, pending compliance, if the Attorney General finds that violent offenders are participating in any program funded under this part.CommentsClose CommentsPermalink
(c) Geographic Distribution- The Attorney General shall ensure that, to the extent practicable, an equitable geographic distribution of grant awards is made under this ActCommentsClose CommentsPermalink
SEC. 9. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.
SEC. 10. FUNDING FOR THE NATIONAL DRUG COURT INSTITUTE.
(1) conduct national, comprehensive training programs for State and local communities for the purpose of improving the professional skills of drug court practitioners and enhancing the ability of State and local communities to expand drug courts to reach all addicted citizens in need of their resources; andCommentsClose CommentsPermalink
(2) provide national, comprehensive Technical Assistance to adult, juvenile and family dependency drug courts including a combination of information gathering, needs assessment, cultural proficiency, analysis, problem solving, action planning, referral and follow-up.CommentsClose CommentsPermalink
(b) Ancillary Projects- The National Drug Court Institute in Alexandria, Virginia shall complete ancillary programs designed to facilitate the expansion and improvement of drug courts nationwide including--CommentsClose CommentsPermalink
(2) a resource center to maintain and distribute drug court evaluations reviewed in the National Drug Court Institute Review, and to request new research and evaluations for the drug court field;CommentsClose CommentsPermalink
(c) Authorization of Appropriations- There are authorized to be appropriated to the Attorney General to carry out this section $10,000,000 for each of the fiscal years 2009 through 2014 to remain available until expended.CommentsClose CommentsPermalink