[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 317 Introduced in Senate (IS)]







107th CONGRESS
  1st Session
                                 S. 317

 To establish grants for drug treatment alternative to prison programs 
              administered by State or local prosecutors.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 13, 2001

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

_______________________________________________________________________

                                 A BILL


 
 To establish grants for drug treatment alternative to prison programs 
              administered by State or local prosecutors.

    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 ``Prosecution Drug Treatment 
Alternative to Prison Act of 2001''.

SEC. 2. 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 AA--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS

``SEC. 2701. 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. 2702. 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. 2703. 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. 2704. 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. 2705. 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. 2706. DEFINITIONS.

    ``In this part:
            ``(1) Eligible offender.--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 or 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.
            ``(2) Felony crime of violence.--The term `felony crime of 
        violence' has the meaning given such term in section 924(c)(3) 
        of title 18, United States Code.
            ``(3) Major drug offense.--The term `major drug offense' 
        has the meaning given such term in section 36(a) of title 18, 
        United States Code.
            ``(4) State or local prosecutor.--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.''.
    (b) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Street 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 AA--
                    ``(A) $75,000,000 for fiscal year 2002;
                    ``(B) $85,000,000 for fiscal year 2003;
                    ``(C) $95,000,000 for fiscal year 2004;
                    ``(D) $105,000,000 for fiscal year 2005; and
                    ``(E) $125,000,000 for fiscal year 2006.''.
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