[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1808 Introduced in Senate (IS)]







106th CONGRESS
  1st Session
                                S. 1808

        To reauthorize and improve the drug court grant program.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 27, 1999

Mr. Specter (for himself and Mr. Biden) introduced the following bill; 
  which was read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
        To reauthorize and improve the drug court grant program.

    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 Court Reauthorization and 
Improvement Act of 1999''.

SEC. 2. GRANT AUTHORITY.

    (a) In General.--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.
    (b) Geographical Distribution.--The Attorney General shall ensure 
that, to the extent practicable, an equitable geographic distribution 
of grant awards is made.

SEC. 3. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS.

    The Attorney General shall--
            (1) issue regulations and guidelines to ensure that the 
        programs authorized in this Act do not permit participation by 
        violent offenders; and
            (2) immediately suspend funding for any grant under this 
        Act, pending compliance, if the Attorney General finds that 
        violent offenders are participating in any program funded under 
        this Act.

SEC. 4. DEFINITION.

    In this Act, the term ``violent offender'' means a person who--
            (1) is charged with or convicted of an offense, during the 
        course of which offense or conduct--
                    (A) the person carried, possessed, or used a 
                firearm or dangerous weapon;
                    (B) there occurred the death of or serious bodily 
                injury to any person; or
                    (C) there occurred the use of force against the 
                person of another,
        without regard to whether any of the circumstances described in 
        subparagraph (A), (B), or (C) is an element of the offense or 
        conduct of which or for which the person is charged or 
        convicted; or
            (2) 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.

SEC. 5. 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 Act.
    (b) Use of Components.--The Attorney General may utilize any 
component or components of the Department of Justice in carrying out 
this Act.
    (c) Regulatory Authority.--The Attorney General may issue 
regulations and guidelines necessary to carry out this Act.
    (d) Applications.--In addition to any other requirements that may 
be specified by the Attorney General, an application for a grant under 
this Act 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 1 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. 6. APPLICATIONS.

    To request funds under this Act, 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. 7. FEDERAL SHARE.

    (a) In General.--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 6 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.
    (b) Matching Requirement.--In-kind contributions and Federal funds 
not received pursuant to a grant made under this Act may constitute a 
portion of the non-Federal share of a grant.

SEC. 8. REPORT.

    (a) Grantee Report.--A State, Indian tribal government, or unit of 
local government that receives funds under this Act during a fiscal 
year shall submit to the Attorney General a report in March of the 
following year regarding the effectiveness of this Act.
    (b) Federal Evaluation.--The Attorney General shall annually report 
to the Committees on the Judiciary of the House of Representatives and 
the Senate data and analysis with respect to--
            (1) the effectiveness of the drug court programs authorized 
        by this Act and the management of those programs; and
            (2) the drug relapse and recidivism rates of offenders in 
        participating in programs authorized by this Act.

SEC. 9. 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 Act.
    (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 Act.
    (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. 10. CENTER FOR SUBSTANCE ABUSE TREATMENT.

    Section 507 of the Public Health Service Act (42 U.S.C. 290bb) is 
amended by adding at the end the following:
    ``(d) Drug Treatment Services.--There is authorized to be 
appropriated, $75,000,000 for each of the fiscal years 2000 through 
2003, to enable the Secretary, acting through the Center, to provide 
drug treatment services in conjunction with drug court programs. 
Amounts provided under this subsection shall be used to supplement, not 
supplant, State, local or private funds made available for such 
services.''.

SEC. 11. AUTHORIZATION OF APPROPRIATIONS.

    There are authorized to be appropriated to the Attorney General for 
each of the fiscal years 2000 through 2003, $200,000,000 to carry out 
sections 2 through 9 of this Act.
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