[Congressional Bills 103th Congress]
[From the U.S. Government Publishing Office]
[S. 744 Introduced in Senate (IS)]

103d CONGRESS
  1st Session
                                 S. 744

   To provide for drug testing of Federal prisoners on release from 
                                prison.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                April 2 (legislative day, March 3), 1993

   Mr. Simon introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To provide for drug testing of Federal prisoners on release from 
                                prison.

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

SECTION 1. FEDERAL PRISONER DRUG TESTING.

    (a) Conditions of Probation.--Section 3563(a) of title 18, United 
States Code, is amended--
            (1) by striking ``and'' at the end of paragraph (2);
            (2) by striking the period at the end of paragraph (3) and 
        inserting ``; and'';
            (3) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) for a felony, a misdemeanor, or an infraction, that 
        the defendant refrain from any unlawful use of a controlled 
        substance and submit to 1 drug test within 15 days before or 
        after release on probation and at least 2 periodic drug tests 
        thereafter (as determined by the court) for use of a controlled 
        substance.''; and
            (4) by adding at the end the following: ``The results of a 
        drug test administered in accordance with paragraph (4) shall 
        be subject to confirmation only if the results are positive, 
        the defendant is subject to further imprisonment for failing 
        the test, and either the defendant denies the accuracy of the 
        test or there is another reason to question the results of the 
        test. A drug test confirmation shall be a urine drug test 
        confirmed using gas chromatography/mass spectrometry techniques 
        or such test as the Director of the Administrative Office of 
        the United States Courts, after consultation with the Secretary 
        of Health and Human Services, may determine to be of equivalent 
        accuracy. The court shall consider the availability of 
        appropriate substance abuse treatment programs when considering 
        action against a defendant who fails a drug test.''.
    (b) Conditions on Supervised Release.--Section 3583(d) of title 18, 
United States Code, is amended in the first sentence--
            (1) by striking ``and that'' and inserting ``, that''; and
            (2) by striking the period and inserting ``, and that the 
        defendant refrain from any unlawful use of a controlled 
        substance and submit to a drug test within 15 days before or 
        after release on supervised release and at least 2 periodic 
        drug tests thereafter (as determined by the court) for use of a 
        controlled substance. The results of a drug test administered 
        in accordance with the preceding sentence shall be subject to 
        confirmation only if the results are positive, the defendant is 
        subject to further imprisonment for failing the test, and 
        either the defendant denies the accuracy of the test or there 
        is another reason to question the results of the test. A drug 
        test confirmation shall be a urine drug test confirmed using 
        gas chromatography/mass spectrometry techniques or such test as 
        the Director of the Administrative Office of the United States 
        Courts, after consultation with the Secretary of Health and 
        Human Services, may determine to be of equivalent accuracy. The 
        court shall consider the availability of appropriate substance 
        abuse treatment programs when considering action against a 
        defendant who fails a drug test.''.
    (c) Conditions of Parole.--Section 4209(a) of title 18, United 
States Code, as in effect pursuant to section 235(b)(1)(A) of the 
Comprehensive Crime Control Act of 1984 and section 316 of the Judicial 
Improvements Act of 1990 (18 U.S.C. 4201 note), is amended--
            (1) in the first sentence by striking ``. and'' and 
        inserting ``, that the parolee pass a drug test prior to 
        release and refrain from any unlawful use of a controlled 
        substance and submit to at least 2 periodic drug tests (as 
        determined by the Commission) for use of a controlled 
        substance, and''; and
            (2) by inserting after the first sentence the following: 
        ``The results of a drug test administered in accordance with 
        the preceding sentence shall be subject to confirmation only if 
        the results are positive, the parolee is subject to further 
        imprisonment for failing the test, and either the parolee 
        denies the accuracy of the test or there is another reason to 
        question the results of the test. A drug test confirmation 
        shall be a urine drug test confirmed using gas chromatography/
        mass spectrometry techniques or such test as the Director of 
        the Administrative Office of the United States Courts, after 
        consultation with the Secretary of Health and Human Services, 
        may determine to be of equivalent accuracy. The Commission 
        shall consider the availability of appropriate substance abuse 
        treatment programs when considering action against a parolee 
        who fails a drug test.''.

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