[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1644 Introduced in House (IH)]







105th CONGRESS
  1st Session
                                H. R. 1644

 To provide for programs that involve continuing judicial supervision 
   over offenders with substance abuse problems who are not violent 
                               offenders.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                              May 15, 1997

  Ms. Waters (for herself, Mr. Cummings, Mr. Hilliard, Mr. Jackson of 
Illinois, Ms. Jackson-Lee of Texas, Ms. McKinney, Mrs. Meek of Florida, 
Mr. Thompson, Ms. Brown of Florida, Mr. Rush, Mr. Towns, Mr. Dixon, Mr. 
    Stokes, Mr. Conyers, Mr. Dellums, Mr. Rangel, Mrs. Clayton, Ms. 
 Kilpatrick, Mr. Clyburn, Mr. Ford, Mr. Davis of Illinois, Mr. Owens, 
   Mr. Watt of North Carolina, Mr. Wynn, Mr. Scott, Mr. Hastings of 
 Florida, Ms. Christian-Green, Ms. Carson, Ms. Norton, Mr. Payne, Mr. 
 Clay, Mr. Jefferson, Ms. Eddie Bernice Johnson of Texas, Mr. Fattah, 
   Mr. Lewis of Georgia, and Ms. Millender-McDonald) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
 To provide for programs that involve continuing judicial supervision 
   over offenders with substance abuse problems who are not violent 
                               offenders.

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

                          TITLE I--DRUG COURTS

SEC. 101. 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--
            (1) continuing judicial supervision over offenders with 
        substance abuse problems who are not violent offenders; and
            (2) the integrated administration of other sanctions and 
        services, which shall include--
                    (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;
                    (B) substance abuse treatment for each participant;
                    (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; and
                    (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.

SEC. 102. 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 title.
    (b) Use of Components.--The Attorney General may utilize any 
component or components of the Department of Justice in carrying out 
this title.
    (c) Regulatory Authority.--The Attorney General may issue 
regulations and guidelines necessary to carry out this title.
    (d) Applications.--In addition to any other requirements that may 
be specified by the Attorney General, an application for a grant under 
this title shall--
            (1) include a long-term strategy and detailed 
        implementation plan;
            (2) explain the applicant's inability to fund the program 
        adequately without Federal assistance;
            (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;
            (4) identify related governmental or community initiatives 
        which complement or will be coordinated with the proposal;
            (5) certify that there has been appropriate consultation 
        with all affected agencies and that there will be appropriate 
        coordination with all affected agencies in the implementation 
        of the program;
            (6) certify that participating offenders will be supervised 
        by one or more designated judges with responsibility for the 
        drug court program;
            (7) specify plans for obtaining necessary support and 
        continuing the proposed program following the conclusion of 
        Federal support; and
            (8) describe the methodology that will be used in 
        evaluating the program.

SEC. 103. APPLICATIONS.

    To request funds under this title, the chief executive or the chief 
justice of a State or the chief executive or chief judge of a 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.

SEC. 104. FEDERAL SHARE.

    The Federal share of a grant made under this title may not exceed 
75 percent of the total costs of the program described in the 
application submitted under section 103 for the fiscal year for which 
the program receives assistance under this title, 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.

SEC. 105. GEOGRAPHIC DISTRIBUTION.

    The Attorney General shall ensure that, to the extent practicable, 
an equitable geographic distribution of grant awards is made.

SEC. 106. REPORT.

    A State, Indian tribal government, or unit of local government that 
receives funds under this title during a fiscal year shall submit to 
the Attorney General a report in March of the following year regarding 
the effectiveness of this title.

SEC. 107. 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 title.
    (b) Evaluations.--In addition to any evaluation requirements that 
may be prescribed for grantees, the Attorney General may carry out or 
make arrangements for evaluations of programs that receive support 
under this title.
    (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.

SEC. 108. AUTHORIZATION OF APPROPRIATIONS.

    For the purpose of carrying out this title, there are authorized to 
be appropriated $200,000,000 for fiscal year 1998, and such sums as may 
be necessary for each of the fiscal years 1999 through 2002.

                         TITLE II--YOUTH COURTS

SEC. 201. YOUTH COURTS.

    From amounts appropriated under section 202, the Attorney General 
shall carry out a program in accordance with title I, except as 
follows:
            (1) The program under this title shall be carried out only 
        with respect to individuals who are under the age of 21 
        (individually referred to in this section as a ``youth'').
            (2) A youth may participate in the program only if a parent 
        or other legal guardian of the youth participates in the 
        program.

SEC. 202. AUTHORIZATION OF APPROPRIATIONS.

    For the purpose of carrying out section 201, there are authorized 
to be appropriated $50,000,000 for fiscal year 1998, and such sums as 
may be necessary for each of the fiscal years 1999 through 2002.
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