[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[H.R. 4493 Engrossed Amendment Senate (EAS)]

  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  
  

                  In the Senate of the United States,

                      December 6 (legislative day, September 22), 2000.
    Resolved, That the bill from the House of Representatives (H.R. 
4493) entitled ``An Act to establish grants for drug treatment 
alternative to prison programs administered by State or local 
prosecutors.'', do pass with the following

                               AMENDMENT:

            Strike out all after the enacting clause and insert:

       TITLE I--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON

SEC. 101. SHORT TITLE.

    This title may be cited as the ``Prosecution Drug Treatment 
Alternative to Prison Act of 2000''.

SEC. 102. DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ADMINISTERED BY 
              STATE OR LOCAL PROSECUTORS.

    (a) Prosecution Drug Treatment Alternative to Prison Programs.--
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3711 et seq.) is amended by adding at the end the following new 
part:

  ``PART BB--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS

``SEC. 2801. PILOT PROGRAM AUTHORIZED.

    ``(a) In General.--The Attorney General may make grants to State or 
local prosecutors for the purpose of developing, implementing, or 
expanding drug treatment alternative to prison programs that comply 
with the requirements of this part.
    ``(b) Use of Funds.--A State or local prosecutor who receives a 
grant under this part shall use amounts provided under the grant to 
develop, implement, or expand the drug treatment alternative to prison 
program for which the grant was made, which may include payment of the 
following expenses:
            ``(1) Salaries, personnel costs, equipment costs, and other 
        costs directly related to the operation of the program, 
        including the enforcement unit.
            ``(2) Payments to licensed substance abuse treatment 
        providers for providing treatment to offenders participating in 
        the program for which the grant was made, including aftercare 
        supervision, vocational training, education, and job placement.
            ``(3) Payments to public and nonprofit private entities for 
        providing treatment to offenders participating in the program 
        for which the grant was made.
    ``(c) Federal Share.--The Federal share of a grant under this part 
shall not exceed 75 percent of the cost of the program.
    ``(d) Supplement and Not Supplant.--Grant amounts received under 
this part shall be used to supplement, and not supplant, non-Federal 
funds that would otherwise be available for activities funded under 
this part.

``SEC. 2802. PROGRAM REQUIREMENTS.

    ``A drug treatment alternative to prison program with respect to 
which a grant is made under this part shall comply with the following 
requirements:
            ``(1) A State or local prosecutor shall administer the 
        program.
            ``(2) An eligible offender may participate in the program 
        only with the consent of the State or local prosecutor.
            ``(3) Each eligible offender who participates in the 
        program shall, as an alternative to incarceration, be sentenced 
        to or placed with a long term, drug free residential substance 
        abuse treatment provider that is licensed under State or local 
        law.
            ``(4) Each eligible offender who participates in the 
        program shall serve a sentence of imprisonment with respect to 
        the underlying crime if that offender does not successfully 
        complete treatment with the residential substance abuse 
        provider.
            ``(5) Each residential substance abuse provider treating an 
        offender under the program shall--
                    ``(A) make periodic reports of the progress of 
                treatment of that offender to the State or local 
                prosecutor carrying out the program and to the 
                appropriate court in which the defendant was convicted; 
                and
                    ``(B) notify that prosecutor and that court if that 
                offender absconds from the facility of the treatment 
                provider or otherwise violates the terms and conditions 
                of the program.
            ``(6) The program shall have an enforcement unit comprised 
        of law enforcement officers under the supervision of the State 
        or local prosecutor carrying out the program, the duties of 
        which shall include verifying an offender's addresses and other 
        contacts, and, if necessary, locating, apprehending, and 
        arresting an offender who has absconded from the facility of a 
        residential substance abuse treatment provider or otherwise 
        violated the terms and conditions of the program, and returning 
        such offender to court for sentence on the underlying crime.

``SEC. 2803. APPLICATIONS.

    ``(a) In General.--To request a grant under this part, a State or 
local prosecutor shall submit an application to the Attorney General in 
such form and containing such information as the Attorney General may 
reasonably require.
    ``(b) Certifications.--Each such application shall contain the 
certification of the State or local prosecutor that the program for 
which the grant is requested shall meet each of the requirements of 
this part.

``SEC. 2804. GEOGRAPHIC DISTRIBUTION.

    ``The Attorney General shall ensure that, to the extent 
practicable, the distribution of grant awards is equitable and includes 
State or local prosecutors--
            ``(1) in each State; and
            ``(2) in rural, suburban, and urban jurisdictions.

``SEC. 2805. REPORTS AND EVALUATIONS.

    ``For each fiscal year, each recipient of a grant under this part 
during that fiscal year shall submit to the Attorney General 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.

``SEC. 2806. DEFINITIONS.

    ``In this part:
            ``(1) The term `State or local prosecutor' means any 
        district attorney, State attorney general, county attorney, or 
        corporation counsel who has authority to prosecute criminal 
        offenses under State or local law.
            ``(2) The term `eligible offender' means an individual 
        who--
                    ``(A) has been convicted of, or pled guilty to, or 
                admitted guilt with respect to a crime for which a 
                sentence of imprisonment is required and has not 
                completed such sentence;
                    ``(B) has never been convicted of, or pled guilty 
                to, or admitted guilt with respect to, and is not 
                presently charged with, a felony crime of violence, a 
                major drug offense, or a crime that is considered a 
                violent felony under State or local law; and
                    ``(C) has been found by a professional substance 
                abuse screener to be in need of substance abuse 
                treatment because that offender has a history of 
                substance abuse that is a significant contributing 
                factor to that offender's criminal conduct.
            ``(3) The term `felony crime of violence' has the meaning 
        given such term in section 924(c)(3) of title 18, United States 
        Code.
            ``(4) The term `major drug offense' has the meaning given 
        such term in section 36(a) of title 18, United States Code.''.
    (b) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)) is amended by adding at the end the following new paragraph:
            ``(24) There are authorized to be appropriated to carry out 
        part BB $10,000,000 for each of fiscal years 2001 through 
        2003.''.

        TITLE II--FEDERAL DRUG TREATMENT ALTERNATIVE SENTENCING

SEC. 201. SHORT TITLE.

    This title may be cited as the ``Federal Drug Treatment Alternative 
Sentencing Act of 2000''.

SEC. 202. ESTABLISHMENT.

    The court, upon the conviction of an individual for a misdemeanor 
under section 404(a) of the Controlled Substances Act (21 U.S.C. 
844(a)), if the individual is a defendant described in section 
3553(f)(2) of title 18, United States Code, shall consider sentencing 
that individual to a term of probation that includes a condition, or a 
term of imprisonment that includes a recommendation, of participation 
in substance abuse treatment, including a drug dependency program as 
described under this title.

SEC. 203. PROBATION PROGRAMS.

    (a) Generally.--If the court imposes a sentence of probation 
pursuant to section 202, the sentence of probation shall be subject to 
subtitle B of chapter 227 of title 18, United States Code. In 
considering discretionary conditions of probation under section 3563(b) 
of such title, the court shall consider and use, where appropriate to 
assure participation in substance abuse treatment, any of the 
following:
            (1) Day fines.
            (2) House arrest.
            (3) Electronic monitoring.
            (4) Intensive probation supervision.
            (5) Day reporting centers.
            (6) Intermittent confinement.
            (7) Treatment in therapeutic community.
    (b) Alternative Sentence.--In order to assure participation in 
substance abuse treatment each offender who participates in a substance 
abuse program pursuant to this section shall serve a sentence of 
imprisonment with respect to the underlying offense if that offender 
does not successfully complete such a substance abuse treatment 
program.
    (c) Preference for Community-Based Programs.--The court shall 
order, to the greatest extent practicable, that substance abuse 
treatment for an individual sentenced under subsection (a) shall be 
provided in the locality in which the individual resides.

SEC. 204. DRUG DEPENDENCY PROGRAM.

    (a) In General.--The Bureau of Prisons (referred to in this title 
as the ``Bureau'') shall maintain a drug dependency program for 
offenders sentenced to incarceration under this title. The program 
shall consist of--
            (1) residential substance abuse treatment; and
            (2) aftercare services.
    (b) Report.--The Bureau of Prisons shall transmit to the Congress 
on January 1, 2002, and on January 1 of each year thereafter, a report. 
Such report shall contain--
            (1) a detailed quantitative and qualitative description of 
        each substance abuse treatment program, residential or not, 
        operated by the Bureau; and
            (2) a complete statement of to what extent the Bureau has 
        achieved compliance with the requirements of this title.

SEC. 205. DEFINITIONS.

    In this title--
            (1) the term ``residential substance abuse treatment'' 
        means a course of individual and group activities, lasting 
        between 9 and 12 months, in residential treatment programs--
                    (A) directed at the substance abuse problems of the 
                convicted person;
                    (B) intended to develop a person's cognitive, 
                behavioral, social, vocational, and other skills so as 
                to solve the convicted person's substance abuse and 
                related problems; and
                    (C) shall include--
                            (i) addiction education;
                            (ii) individual, group, and family 
                        counseling pursuant to individualized treatment 
                        plans;
                            (iii) opportunity for involvement in 
                        Alcoholics Anonymous, Narcotics Anonymous, or 
                        Cocaine Anonymous;
                            (iv) parenting skills training, domestic 
                        violence counseling, and sexual abuse 
                        counseling, where appropriate;
                            (v) HIV education counseling and testing, 
                        when requested, and early intervention services 
                        for seropositive individuals;
                            (vi) services that facilitate access to 
                        health and social services, where appropriate 
                        and to the extent available; and
                            (vii) planning for and counseling to assist 
                        reentry into society, including referrals to 
                        appropriate educational, vocational, and other 
                        employment-related programs (to the extent 
                        available), referrals to appropriate outpatient 
                        or other drug or alcohol treatment, counseling, 
                        transitional housing, and assistance in 
                        obtaining suitable affordable housing and 
                        employment upon completion of treatment (and 
                        release from prison, if applicable);
            (2) the term ``aftercare services'' means a course of 
        individual and group treatment for a minimum of one year or for 
        the remainder of the term of incarceration if less than one 
        year, involving sustained and frequent interaction with 
        individuals who have successfully completed a program of 
        residential substance abuse treatment, and shall include 
        consistent personal interaction between the individual and a 
        primary counselor or case manager, participation in group and 
        individual counseling sessions, social activities targeted 
        toward a recovering substance abuser, and, where appropriate, 
        more intensive intervention; and
            (3) the term ``substance abuse or dependency'' means the 
        abuse of or dependency on drugs or alcohol.

SEC. 206. STUDY OF THE EFFECT OF MANDATORY MINIMUM SENTENCES FOR 
              CONTROLLED SUBSTANCE OFFENSES.

    Not later than 1 year after the date of enactment of this Act, the 
United States Sentencing Commission shall submit to the Committees on 
the Judiciary of the House of Representatives and the Senate a report 
regarding mandatory minimum sentences for controlled substance 
offenses, which shall include an analysis of--
            (1) whether such sentences may have a disproportionate 
        impact on ethnic or racial groups;
            (2) the effectiveness of such sentences in reducing drug-
        related crime by violent offenders; and
            (3) the frequency and appropriateness of the use of such 
        sentences for nonviolent offenders in contrast with other 
        approaches such as drug treatment programs.

            Attest:

                                                             Secretary.
106th CONGRESS

  2d Session

                               H. R. 4493

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                               AMENDMENT