[Congressional Bills 112th Congress]
[From the U.S. Government Publishing Office]
[H.R. 82 Introduced in House (IH)]

112th CONGRESS
  1st Session
                                 H. R. 82

To reauthorize and amend part EE of the Omnibus Crime Control and Safe 
              Streets Act of 1968 relating to drug courts.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            January 5, 2011

   Ms. Jackson Lee of Texas introduced the following bill; which was 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
To reauthorize and amend part EE of the Omnibus Crime Control and Safe 
              Streets Act of 1968 relating to drug courts.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE; FINDINGS.

    (a) Short Title.--This Act may be cited as the ``Drug Court 
Reauthorization Act''.
    (b) Findings.--The Congress finds the following:
            (1) Studies have concluded that drug courts significantly 
        reduce crime by as much as 35 percent more than other 
        sentencing options.
            (2) Nationwide, 75 percent of participants who successfully 
        complete a drug court program remain arrest-free for at least 2 
        years after leaving the program, and some studies demonstrate 
        that many graduates remain arrest-free for many more years.
            (3) Drug courts are 6 times more likely than other 
        sentencing options to keep offenders in treatment long enough 
        to recover, and in programs with less supervision than drug 
        courts, 70 percent of participants drop out of treatment 
        permanently.
            (4) Nationwide, for every $1 invested in drug courts, 
        taxpayers save as much as $3.36.
            (5) In 2007, for every Federal dollar invested in drug 
        courts, $9 was leveraged in State funding.

SEC. 2. DRUG COURTS.

    (a) In General.--Part EE of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3797u et seq.) is amended to read as 
follows:

                         ``PART EE--DRUG COURTS

``SEC. 2951. 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 adult drug courts, juvenile drug 
courts, family drug courts, and tribal drug courts that involve--
            ``(1) continuing judicial supervision over offenders, and 
        other individuals under the jurisdiction of the court, with 
        substance abuse problems;
            ``(2) coordination with the appropriate State or local 
        court, State or local substance abuse treatment authority, 
        public defender, and prosecutor; and
            ``(3) 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, commensurate with the clinical needs of 
                the 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;
                    ``(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;
                    ``(E) payment, in whole or part, by the offender of 
                treatment costs, to the extent the court determines 
                that such payment is practicable, such as costs for 
                urinalysis or counseling; and
                    ``(F) payment, in whole or part, by the offender of 
                restitution, to the extent the court determines that 
                such payment is practicable, to either a victim of the 
                offender's offense or to a restitution or similar 
                victim support fund.
    ``(b) Limitation.--Economic sanctions imposed on an offender 
pursuant to this section shall not be at a level that would interfere 
with the offender's rehabilitation.
    ``(c) Mandatory Drug Testing and Mandatory Sanctions.--
            ``(1) Mandatory testing.--Grant amounts under this part may 
        be used for a drug court only if such court has mandatory 
        periodic testing as described in subsection (a)(3)(A). The 
        Attorney General shall, by prescribing guidelines or 
        regulations, specify standards for the timing and manner of 
        complying with such requirements. The standards--
                    ``(A) shall ensure that--
                            ``(i) each participant is tested for every 
                        controlled substance that the participant has 
                        been known to abuse, and for any other 
                        controlled substance the Attorney General or 
                        the court may require; and
                            ``(ii) such testing is accurate and 
                        practicable; and
                    ``(B) may require approval of the drug testing 
                regime to ensure that adequate testing occurs.
            ``(2) Mandatory sanctions.--The Attorney General shall, by 
        prescribing guidelines or regulations, specify that grant 
        amounts under this part may be used for a drug court only if 
        such court imposes graduated sanctions that increase punitive 
        measures, therapeutic measures, or both, whenever a participant 
        fails a drug test. Such sanctions and measures may include one 
        or more of the following:
                    ``(A) Incarceration.
                    ``(B) Increased time in the drug court program.
                    ``(C) Termination from such program.
                    ``(D) Increased drug screening requirements.
                    ``(E) Increased court appearances.
                    ``(F) Increased supervision.
                    ``(G) Electronic monitoring.
                    ``(H) In-home restriction.
                    ``(I) Community service.

``SEC. 2952. 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.

``SEC. 2953. APPLICATIONS.

    ``(a) In General.--To request funds under this part, the chief 
executive or the chief justice of a State or the chief executive or 
judge of a unit of local government or Indian tribal government, or the 
chief judge of a State court or the judge of a 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 
require.
    ``(b) Content.--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 for the drug court program to be carried 
        out under such grant;
            ``(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 and will continue to be 
        appropriate consultation 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;
            ``(8) certify that statements made by an offender during, 
        or for admission to, a drug court program (including to judges, 
        prosecutors, defense counsel, social service providers, and 
        other public health and public safety professionals who work in 
        the drug court) regarding the offender's drug use shall not be 
        used as evidence against the offender in any criminal 
        proceeding other than a proceeding that is part of the drug 
        court program, including drug court proceedings involving 
        sanctions, program termination, and related matters such as 
        probation violation hearings based on noncompliance with the 
        terms of participating in the drug court program;
            ``(9) certify that admission criteria for the program--
                    ``(A) are broad enough to ensure access for all 
                drug-dependent, high-risk individuals under the court's 
                jurisdiction who are not violent offenders;
                    ``(B) do not discriminate based upon race, gender, 
                religion, national origin, economic status, or 
                immigration status; and
                    ``(C) are established by a panel or commission with 
                broad representation from stakeholders in the criminal 
                justice community, including judges, prosecutors, 
                defense counsel, and social service providers;
            ``(10) certify that the applicant has established a policy 
        for the consideration and selection of offenders who are not 
        violent offenders to participate in the program, based on the 
        admission criteria pursuant to paragraph (9), that--
                    ``(A) has been approved by the judge or judges with 
                responsibility for the drug court program under 
                paragraph (6) and any other parties responsible for 
                such consideration and selection of offenders, 
                including prosecutors, defense counsel, and social 
                service providers, as appropriate;
                    ``(B) includes a process to ensure that the 
                individual circumstances of offenders are considered to 
                take into account mitigating factors related to the 
                offender, as appropriate; and
                    ``(C) ensures that the public safety needs of the 
                applicant's jurisdiction are met;
            ``(11) demonstrate the existence of adequate protections 
        for participating offenders' right to competent counsel under 
        the Sixth Amendment to the Constitution;
            ``(12) outline ways for ensuring access to the program for 
        offenders who are high-risk for continued substance abuse and 
        drug-related crime, are facing the longest sentences, and are 
        high-need based on drug dependency;
            ``(13) describe the methodology that will be used in 
        evaluating the program, including demonstration of research 
        related to alternative sentences for offenders whose illegal 
        conduct was caused by drug dependency; and
            ``(14) certify that substance abuse treatment services 
        provided to participants are licensed or accredited by the 
        State substance abuse authority and that State standards of 
        care are utilized.
    ``(c) Definition.--In this section:
            ``(1) The term `violent offender' means an individual who 
        has committed an offense that, by its nature, involves a 
        substantial use of physical force with the specific intent to 
        cause serious bodily injury or harm to another individual, as 
        determined by the entity applying for or receiving a grant 
        under this part.
            ``(2) The term `sex offender' means an individual who has 
        committed an act of sexual assault as such term is defined in 
        section 40002 of the Violence Against Women Act of 1994 (42 
        U.S.C. 13925).

``SEC. 2954. 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 2953 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. 2955. DISTRIBUTION AND ALLOCATION.

    ``(a) Consideration and Distribution.--The Attorney General shall 
ensure that--
            ``(1) all States, State courts, local courts, units of 
        local government, and Indian tribal governments are provided 
        with an opportunity to apply and be considered for a grant 
        under this part; and
            ``(2) to the extent practicable, an equitable geographic 
        distribution of grant awards is made.
    ``(b) Technical Assistance and Training.--Unless one or more 
applications submitted by any State or unit of local government within 
such State (other than an Indian tribe) for a grant under this part has 
been funded in any fiscal year, such State, together with eligible 
applicants within such State, shall be provided targeted technical 
assistance and training by the Bureau of Justice Assistance to assist 
such State and such eligible applicants to successfully compete for 
future funding under this part, and to strengthen existing State drug 
court systems. In providing such technical assistance and training, the 
Bureau of Justice Assistance shall consider and respond to the unique 
needs of rural States, rural areas, and rural communities.

``SEC. 2956. 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 description and an evaluation report on a 
date specified by the Attorney General regarding the effectiveness of 
this part.

``SEC. 2957. 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 (including uniform data collection 
standards and reporting requirements), the Attorney General shall 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) Reauthorization.--Paragraph (25) of section 1001(a) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) 
is amended to read as follows:
            ``(25)(A) There are authorized to be appropriated to carry 
        out part EE--
                    ``(i) $125,000,000 for fiscal year 2012;
                    ``(ii) $150,000,000 for fiscal year 2013;
                    ``(iii) $200,000,000 for fiscal year 2014; and
                    ``(iv) $250,000,000 for each of fiscal years 2015 
                through 2018.
            ``(B) The Attorney General shall reserve not less than 1 
        percent and not more than 4.5 percent of the sums appropriated 
        for this program in each fiscal year for research and 
        evaluation of this program.''.
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