[Congressional Bills 105th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3606 Introduced in House (IH)]







105th CONGRESS
  2d Session
                                H. R. 3606

  To provide for drug testing of and interventions with incarcerated 
offenders and reduce drug trafficking and related crime in correctional 
                              facilities.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             March 31, 1998

 Mr. Conyers (for himself and Mr. Barrett of Wisconsin) introduced the 
  following bill; which was referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
  To provide for drug testing of and interventions with incarcerated 
offenders and reduce drug trafficking and related crime in correctional 
                              facilities.

    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 ``Drug Testing, Intervention, and 
Trafficking Reduction Within Prisons Act of 1998''.

SEC. 2. ADDITIONAL REQUIREMENTS FOR THE USE OF FUNDS UNDER THE VIOLENT 
              OFFENDER INCARCERATION AND TRUTH-IN-SENTENCING GRANTS 
              PROGRAM.

    Section 20105(b) of the Violent Crime Control and Law Enforcement 
Act of 1994 is amended to read as follows:
    ``(b) Additional Requirements.--
            ``(1) Eligibility for grant.--To be eligible to receive a 
        grant under section 20103 or section 20104, a State shall--
                    ``(A) provide assurances to the Attorney General 
                that the State has implemented or will implement not 
                later than 18 months after the date of the enactment of 
                this subtitle, policies that provide for the 
                recognition of the rights of crime victims; and
                    ``(B) no later than September 1, 1998, have a 
                program of drug testing and intervention for 
                appropriate categories of convicted offenders during 
                periods of incarceration and criminal justice 
                supervision, with sanctions including denial or 
                revocation of release for positive drug tests, 
                consistent with guidelines issued by the Attorney 
                General.
            ``(2) Use of funds.--Funds provided under section 20103 or 
        section 20104 of this subtitle may be applied to the cost of 
        offender drug testing and appropriate intervention programs 
        during periods of incarceration and criminal justice 
        supervision, consistent with guidelines issued by the Attorney 
        General. Further, such funds may be used by the States to pay 
        the costs of providing to the Attorney General a baseline study 
        on their prison drug abuse problem. Such studies shall be 
        consistent with guidelines issued by the Attorney General.
            ``(3) System of sanctions and penalties.--Beginning in 
        fiscal year 2000, and thereafter, States receiving funds 
        pursuant to section 20103 or section 20104 of this subtitle 
        shall have a system of sanctions and penalties that address 
        drug trafficking within and into correctional facilities under 
        their jurisdiction. Such systems shall be in accordance with 
        guidelines issued by the Attorney General. Beginning in fiscal 
        year 2000, and each year thereafter, any State that the 
        Attorney General determines not to be in compliance with the 
        provisions of this paragraph, shall have the funds for which 
        they would have otherwise been eligible to receive under 
        section 20103 or section 20104, reduced by 10 percent for each 
        fiscal year for which the Attorney General determines they do 
        not comply. Any funds that are not allocated for failure to 
        comply with this section shall be reallocated to States that 
        comply with this section.''.

SEC. 3. USE OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT GRANTS TO PROVIDE 
              FOR SERVICES DURING AND AFTER INCARCERATION.

    Section 1901 of part S of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796ff) is amended by adding at the end 
the following:
    ``(c) Additional Use of Funds.--States that demonstrate that they 
have existing in-prison drug treatment programs that are in compliance 
with Federal requirements, may use funds awarded under this part for 
treatment and sanctions both during incarceration and after release.''.
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