[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 2619 Introduced in Senate (IS)]







106th CONGRESS
  2d Session
                                S. 2619

                   To provide for drug-free prisons.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                              May 24, 2000

   Mr. Leahy (for himself, Mr. Robb, and Mr. Kennedy) introduced the 
 following bill; which was read twice and referred to the Committee on 
                             the Judiciary

_______________________________________________________________________

                                 A BILL


 
                   To provide for drug-free prisons.

    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-Free Prisons Act of 2000''.

               TITLE I--DRUG TESTING PROGRAMS FOR PRISONS

SEC. 101. GRANT AUTHORITY.

    (a) In General.--The Attorney General may make grants to States and 
units of local government, State courts, local courts, and Indian 
tribal governments, acting directly or through agreements with other 
public or private entities, for programs that support--
            (1) developing and implementing comprehensive drug testing 
        policies and practices with regard to criminal justice 
        populations; and
            (2) establishing appropriate interventions to illegal drug 
        use for offender populations.
    (b) Joint Applications.--Applicants may choose to submit joint 
proposals with other eligible criminal justice and court agencies for 
systemic drug testing and intervention programs. One of the agencies 
submitting a joint proposal shall be designated as the primary 
applicant.

 SEC. 102. ADMINISTRATION.

    (a) Consultation and Coordination.--In carrying out this title, the 
Attorney General shall coordinate with the other Department of Justice 
initiatives that address drug testing and interventions in the criminal 
justice system.
    (b) Guidelines.--The Attorney General may issue guidelines 
necessary to carry out this title.
    (c) 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) reflect a comprehensive approach that recognizes the 
        importance of collaboration and a continuum of testing, 
        treatment, and other interventions;
            (2) include a long-term strategy and detailed 
        implementation plan;
            (3) address the applicant's capability to continue the 
        proposed program following the conclusion of Federal support;
            (4) identify related governmental or community initiatives 
        that complement or will be coordinated with the proposal;
            (5) certify that there has been appropriate consultation 
        with affected agencies and key stakeholders throughout the 
        criminal justice system and that there will be continued 
        coordination throughout the implementation of the program; and
            (6) describe the methodology that will be used in 
        evaluating the program.

 SEC. 103. APPLICATIONS.

    (a) In General.--To request funds under this title, interested 
applicants shall submit an application to the Attorney General in such 
form and containing such information as the Attorney General may 
reasonably require.
    (b) Competitive Grants.--Federal funding shall be awarded on a 
competitive basis based on criteria established by the Attorney General 
and specified in program guidelines.

 SEC. 104. FEDERAL SHARE.

    (a) In General.--The Federal share of a grant made under this title 
may not exceed 75 percent of the total cost of the program described in 
the application submitted for the fiscal year for which the program 
receives assistance under section 101, unless the Attorney General 
waives, wholly or in part, the requirement of a matching contribution 
under this section.
    (b) In-Kind Contributions.--In-kind contributions may constitute a 
portion of the non-Federal share of a grant.

 SEC. 105. GEOGRAPHIC DISTRIBUTION.

    (a) In General.--The Attorney General shall ensure that, to the 
extent practicable, an equitable geographic distribution of grant 
awards under this title is made, with rural and tribal jurisdiction 
representation.
    (b) Minimum Allocation.--Unless all eligible applications submitted 
by any State or unit of local government within such State for a grant 
under this section have been funded, such State, together with grantees 
within the State (other than Indian tribes), shall be allocated in each 
fiscal year under this section not less than 0.75 percent of the total 
amount appropriated in the fiscal year for grants pursuant to this 
section.

 SEC. 106. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

    (a) Technical Assistance and Training.--The Attorney General shall 
provide technical assistance and training in furtherance of the 
purposes of this title.
    (b) Evaluation.--In addition to any evaluation requirements that 
may be prescribed for grantees, the Attorney General may carry out or 
make arrangements for a rigorous evaluation of the 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 or through grants, contracts, or cooperative 
agreements with other entities.

 SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There are authorized to be appropriated to carry 
out this title $75,000,000 for fiscal year 2001 and such sums as may be 
necessary for fiscal years 2002 through 2005.
    (b) Permanent Set-Aside for Research and Evaluation.--The Attorney 
General shall reserve not less than 1 percent and no more than 3 
percent of the sums appropriated under this section in each fiscal year 
for research and evaluation of this program.

              TITLE II--TRUTH-IN-SENTENCING GRANT PROGRAMS

 SEC. 201. TRUTH-IN-SENTENCING GRANT PROGRAMS.

    (a) Sharing of Funds With Counties.--Section 20105(b) of the 
Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 
13705(b)) is amended to read as follows:
    ``(b) Additional Requirements.--
            ``(1) Eligibility for grant.--To be eligible to receive a 
        grant under section 20103 or 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 enactment of 
                this subtitle, policies that provide for the 
                recognition of the rights of crime victims; and
                    ``(B) no later than December 31, 2000, have a 
                program of drug testing and intervention for 
                appropriate categories of convicted offenders during 
                periods of incarceration and criminal justice 
                supervision, with sanctions that may include 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 
        20104 may be--
                    ``(A) 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; and
                    ``(B) used by the States to pay the costs of 
                providing to the Attorney General a baseline study on 
                their prison drug abuse problem, consistent with 
                guidelines issued by the Attorney General.
            ``(3) System of sanctions and penalties.--
                    ``(A) In general.--Beginning in fiscal year 2001, 
                and thereafter, States receiving funds pursuant to 
                section 20103 or 20104 shall have a system of sanctions 
                and penalties that address drug trafficking within and 
                into correctional facilities under their jurisdiction, 
                in accordance with guidelines issued by the Attorney 
                General.
                    ``(B) Reduction for noncompliance.--Beginning in 
                fiscal year 2001, 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 it would have otherwise been eligible to 
                receive under section 20103 or 20104 reduced by 10 
                percent for each fiscal year for which the Attorney 
                General determines it does not comply.
                    ``(C) Reallocation.--Any funds that are not 
                allocated for failure to comply with this section shall 
                be reallocated to States that comply with this 
                section.''.
    (b) Formula for Grants.--Section 20106 of the Violent Crime Control 
and Law Enforcement Act of 1994 (42 U.S.C. 13706) is amended by 
striking subsection (b) and inserting the following:
    ``(b) Formula Allocation.--The amount made available to carry out 
this section for any fiscal year under section 20104 shall be allocated 
as follows:
            ``(1) 0.75 percent shall be allocated to each State that 
        meets the requirements of sections 20103 and 20104, except that 
        the United States Virgin Islands, American Samoa, Guam, and the 
        Northern Mariana Islands each shall be allocated 0.05 percent.
            ``(2) The amount remaining after the application of 
        paragraph (1) shall be allocated to each State that meets the 
        requirements of section 20104 in the ratio that the average 
        annual number of part 1 violent crimes reported by that State 
        to the Federal Bureau of Investigation for the 3 years 
        preceding the year in which the determination is made bears to 
        the average annual number of part 1 violent crimes reported by 
        States that meet the requirements of section 20104 to the 
        Federal Bureau of Investigation for the 3 years preceding the 
        year in which the determination is made, except that a State 
        may not receive more than 25 percent of the total amount 
        available for those grants.''.

               TITLE III--REESTABLISHMENT OF DRUG COURTS

SEC. 301. REESTABLISHMENT OF DRUG COURTS.

    (a) Drug Courts.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting 
after part U the following new part:

                         ``PART V--DRUG COURTS

``SEC. 2201. 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) 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. 2202. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS.

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

``SEC. 2203. DEFINITION.

    ``In this part, 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) or (B) 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. 2204. 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 part.
    ``(b) Use of Components.--The Attorney General may utilize any 
component or components of the Department of Justice in carrying out 
this part.
    ``(c) Regulatory Authority.--The Attorney General may issue 
regulations and guidelines necessary to carry out this part.
    ``(d) Applications.--In addition to any other requirements that may 
be specified by the Attorney General, an application for a grant under 
this part 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. 2205. APPLICATIONS.

    ``To request funds under this part, 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, or the chief 
judge of a State or local court or Indian tribal court shall submit an 
application to the Attorney General in such form and containing such 
information as the Attorney General may reasonably require.

``SEC. 2206. FEDERAL SHARE.

    ``(a) In General.--The Federal share of a grant made under this 
part may not exceed 75 percent of the total costs of the program 
described in the application submitted under section 2205 for the 
fiscal year for which the program receives assistance under this part, 
unless the Attorney General waives, wholly or in part, the requirement 
of a matching contribution under this section.
    ``(b) In-Kind Contributions.--In-kind contributions may constitute 
a portion of the non-Federal share of a grant.

``SEC. 2207. GEOGRAPHIC DISTRIBUTION.

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

``SEC. 2208. REPORT.

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

``SEC. 2209. 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 part.
    ``(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 part.
    ``(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.''.
    (b) Technical Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended by inserting after the matter relating to part U the 
following:

                         ``Part V--Drug Courts

``Sec. 2201. Grant authority.
``Sec. 2202. Prohibition of participation by violent offenders.
``Sec. 2203. Definition.
``Sec. 2204. Administration.
``Sec. 2205. Applications.
``Sec. 2206. Federal share.
``Sec. 2207. Geographic distribution.
``Sec. 2208. Report.
``Sec. 2209. Technical assistance, training, and evaluation.''.

SEC. 302. 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) is amended--
            (1) in paragraph (3), by inserting ``V'' between ``U'' and 
        ``W''; and
            (2) by adding at the end the following new paragraph:
            ``(20)(A) There are authorized to be appropriated for 
        fiscal year 2001 the sum of $50,000,000 and for fiscal years 
        2002 through 2005 such sums as may be necessary to carry out 
        part V.
            ``(B) The Attorney General shall reserve not less than 1 
        percent and not more than 3 percent of the sums appropriated 
        for this program in each fiscal year for research and 
        evaluation of this program.''.

                   TITLE IV--MISCELLANEOUS PROVISIONS

 SEC. 401. REAUTHORIZATION OF THE RESIDENTIAL SUBSTANCE ABUSE TREATMENT 
              GRANT PROGRAM.

    Paragraph (17) of section 1001(a) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(17)) is amended 
to read as follows:
            ``(17) There are authorized to be appropriated to carry out 
        part S $65,100,000 for fiscal year 2001 and such sums as may be 
        necessary for fiscal years 2002 through 2005.''.

 SEC. 402. USE OF RESIDENTIAL SUBSTANCE ABUSE TREATMENT GRANTS TO 
              PROVIDE FOR SERVICES DURING AND AFTER INCARCERATION.

    Section 1901 of title I 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.''.

 SEC. 403. EXCEPTIONS TO TIME LIMITS FOR BYRNE PROGRAM GRANTS FOR 
              CERTAIN PURPOSES.

    Section 504(f) of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3754(f)) is amended to read as follows:
    ``(f) Programs Already Receiving Funds.--No funds may be awarded 
under this part to a grant recipient for a program or project for which 
funds have been awarded under this chapter for 4 years (in the 
aggregate), including any period occurring before the effective date of 
this subsection except for grants to State and local governments for--
            ``(1) participating in multijurisdictional drug task forces 
        and gang task forces;
            ``(2) victim assistance programs;
            ``(3) drug and alcohol abuse treatment in prisons and 
        jails;
            ``(4) community-based programs for adult and juvenile drug-
        dependent and alcohol-dependent offenders;
            ``(5) monitoring of drug-dependent offenders;
            ``(6) those innovative programs that demonstrate new and 
        different approaches to enforcement, prosecution, and 
        adjudication of drug and other serious crimes that include all 
        aspects of community-based intervention, surveillance, and 
        supervision; and
            ``(7) providing alternatives to prevent detention, jail, 
        and prison for persons who pose no danger to the community.''.

 SEC. 404. PROVISION TO FREE EXISTING PRISON SPACE FOR VIOLENT OFFENDER 
              INCARCERATION.

    (a) In General.--Section 20105 of part A of the Violent Crime 
Control and Law Enforcement Act of 1994 (42 U.S.C. 13705) is amended 
by--
            (1) redesignating subsections (d) and (e), as subsections 
        (f) and (g), respectively; and
            (2) inserting after subsection (c) the following:
    ``(d) Graduated Sanctions.--Notwithstanding any other provision of 
this part, any State or unit of local government which has unexpended 
funds granted to it under section 20103 or 20104 for the fiscal years 
1996 through 2001, may expend not more than 25 percent of such funds 
for the implementation of graduated sanctions or sentencing 
alternatives to incarceration, provided that such implementation shall 
be undertaken by said State or unit of local government for the purpose 
of freeing suitable existing prison space for the confinement of 
persons convicted of part 1 violent crimes.
    ``(e) Definition.--For purposes of subsection (d), the term 
`graduated sanctions'--
            ``(1) means tangible, proportional consequences that hold 
        offenders accountable and are imposed on offenders for every 
        offense, that escalate in intensity with each subsequent, more 
        serious offense, that are suited to the offense, and that also 
        take equally into account public safety considerations and 
        concern for crime victims; and
            ``(2) includes intensive community supervision, regular 
        drug testing, and treatment supervised by drug courts or other 
        criminal justice agencies, victim and community restitution, 
        and certain, but short-term, incarceration.''.
    (b) Authorization of Appropriations.--Subsection (a) of section 
20108 of part A of the Violent Crime Control and Law Enforcement Act of 
1994 (42 U.S.C. 13708(a)) is amended to read as follows:
    ``(a) Authorizations.--There are authorized to be appropriated to 
carry out this part such sums as may be necessary for fiscal years 2001 
through 2005.''.
                                 <all>