[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 2205 Introduced in Senate (IS)]

<DOC>






114th CONGRESS
  1st Session
                                S. 2205

     To establish a grant program to assist tribal governments in 
establishing tribal healing to wellness courts, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            October 22, 2015

Mr. Tester (for himself and Mr. Franken) introduced the following bill; 
  which was read twice and referred to the Committee on Indian Affairs

_______________________________________________________________________

                                 A BILL


 
     To establish a grant program to assist tribal governments in 
establishing tribal healing to wellness courts, and for other purposes.

    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 ``Tribal Healing to Wellness Courts 
Act of 2015''.

SEC. 2. DEFINITIONS.

    In this Act:
            (1) Indian tribe.--The term ``Indian tribe'' has the 
        meaning given the term in section 4 of the Indian Self-
        Determination and Education Assistance Act (25 U.S.C. 450b).
            (2) Tribal government.--The term ``tribal government'' 
        means the governing body of an Indian tribe.

SEC. 3. ESTABLISHMENT OF GRANT PROGRAM.

    (a) Authorizations.--
            (1) In general.--The Attorney General may make grants to 
        eligible entities for tribal healing to wellness courts for 
        members of Indian tribes, including adults, juveniles, and 
        families, that involve--
                    (A) continuing judicial supervision over offenders 
                and other individuals under the jurisdiction of the 
                court with substance abuse problems; and
                    (B) the integrated administration of other 
                sanctions and services, which may include--
                            (i) mandatory periodic testing for each 
                        participant for the use of controlled 
                        substances or other addictive substances during 
                        any period of participation in the tribal 
                        healing to wellness court;
                            (ii) substance abuse treatment for each 
                        participant;
                            (iii) 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
                            (iv) offender management, and 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.
            (2) Cultural activities.--At the option of the eligible 
        entity establishing the tribal healing to wellness court, the 
        tribal healing to wellness court may include cultural 
        activities in the services provided under paragraph (1).
    (b) Eligible Entities.--Entities eligible to receive a grant under 
this section are tribal governments--
            (1) acting directly or through agreements with other public 
        or private entities; and
            (2) acting in partnership with States or units of local 
        government.
    (c) Applications.--To receive a grant under this section, an 
eligible entity shall submit to the Attorney General an application at 
such time, in such manner, and containing such information as the 
Attorney General may require, including--
            (1) a long-term strategy and detailed implementation plan;
            (2) an explanation of the inability of the applicant to 
        fund the tribal healing to wellness court adequately without 
        the grant;
            (3) a certification that the grant provided will be used to 
        supplement, and not supplant, State, Indian tribal, and local 
        sources of funding that would otherwise be available;
            (4) an identification of related governmental or community 
        initiatives that complement or will be coordinated with the 
        proposal;
            (5) a certification that--
                    (A) there has been appropriate consultation with 
                all affected agencies; and
                    (B) there will be appropriate coordination with all 
                affected agencies during the implementation of the 
                tribal healing to wellness program;
            (6) a certification that participating offenders will be 
        supervised by 1 or more designated judges with responsibility 
        for the tribal healing to wellness court;
            (7) a specification of plans for obtaining necessary 
        support and continuing the proposed tribal healing to wellness 
        court following the conclusion of the grant period; and
            (8) a description of the methodology that will be used in 
        evaluating the tribal healing to wellness court.
    (d) Geographic Distribution.--The Attorney General shall ensure, to 
the maximum extent practicable, the equitable geographic distribution 
of grant awards under this Act.

SEC. 4. MANDATORY DRUG TESTING AND MANDATORY SANCTIONS AND RESPONSES.

    (a) Mandatory Testing.--
            (1) In general.--Grant amounts under this Act may be used 
        for a tribal healing to wellness court only if the tribal 
        healing to wellness court has mandatory periodic testing as 
        described in section 3(a)(1)(B)(i).
            (2) Regulations.--
                    (A) In general.--The Attorney General, by issuing 
                guidelines or promulgating regulations, shall describe 
                standards for the timing and manner of complying with 
                the requirements of paragraph (1).
                    (B) Standards.--The standards under subparagraph 
                (A)--
                            (i) shall ensure that--
                                    (I) each participant is tested for 
                                any controlled substance the Attorney 
                                General or the court may require; and
                                    (II) the testing is accurate and 
                                practicable; and
                            (ii) may require approval of the drug 
                        testing regime to ensure that adequate testing 
                        occurs.
    (b) Mandatory Sanctions and Responses.--
            (1) In general.--The Attorney General, by issuing 
        guidelines or promulgating regulations, may require that grant 
        amounts under this section may be used for a tribal healing to 
        wellness court only if the tribal healing to wellness court 
        imposes graduated sanctions that increase punitive responses, 
        therapeutic responses, or both, if a participant fails a drug 
        test.
            (2) Inclusions.--The sanctions and responses under 
        paragraph (1) may include--
                    (A) incarceration;
                    (B) detoxification treatment;
                    (C) residential treatment;
                    (D) increased time in the program;
                    (E) termination from the program;
                    (F) increased drug screening requirements;
                    (G) increased court appearances;
                    (H) increased counseling;
                    (I) increased supervision;
                    (J) electronic monitoring;
                    (K) in-home restriction;
                    (L) community service;
                    (M) family counseling;
                    (N) anger management classes; and
                    (O) additional assessments.

SEC. 5. PROHIBITION ON PARTICIPATION BY VIOLENT OFFENDERS.

    (a) Definitions.--In this section:
            (1) Violent offender.--Except as provided in paragraph (2), 
        the term ``violent offender'' means a person who--
                    (A) is charged with or convicted of an offense or 
                conduct that is punishable by a term of imprisonment 
                exceeding 1 year, during the course of which offense or 
                conduct--
                            (i) the person carried, possessed, or used 
                        a firearm or dangerous weapon;
                            (ii) there occurred the death of or serious 
                        bodily injury to any person; or
                            (iii) there occurred the use of force 
                        against the person of another, without regard 
                        to whether any of the circumstances described 
                        in clause (i) or (ii) is an element of the 
                        offense or conduct of which or for which the 
                        person is charged or convicted; or
                    (B) 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.
            (2) Violent offender definition for purposes of juvenile 
        drug courts.--For purposes of juvenile drug courts, the term 
        ``violent offender'' means a juvenile who has been convicted 
        of, or adjudicated delinquent for, a felony-level offense 
        that--
                    (A) has as an element, the use, attempted use, or 
                threatened use of physical force against the person or 
                property of another, or the possession or use of a 
                firearm; or
                    (B) by its nature, involves a substantial risk that 
                physical force against the person or property of 
                another may be used in the course of committing the 
                offense.
    (b) Prohibition.--The Attorney General shall--
            (1) issue regulations or guidelines to ensure that the 
        tribal healing to wellness courts carried out using a grant 
        under this Act do not permit participation by violent 
        offenders; and
            (2) immediately suspend funding for any tribal healing to 
        wellness court receiving a grant under this Act, pending 
        compliance, if the Attorney General finds that violent 
        offenders are participating in the tribal healing to wellness 
        court.
    (c) Waiver.--
            (1) In general.--The Attorney General may waive the 
        application of this section to a tribal healing to wellness 
        court if the applicable entity receiving grant amounts under 
        this Act applies for a waiver.
            (2) Requirements.--The Attorney General shall establish 
        requirements for a waiver under paragraph (1) in consultation 
        with Indian tribes.

SEC. 6. TECHNICAL ASSISTANCE AND TRAINING; SUPPORT SERVICES.

    (a) Technical Assistance and Training.--
            (1) In general.--The Attorney General, acting through the 
        Bureau of Justice Assistance or through grants, contracts, or 
        other cooperative arrangements with national or regional 
        organizations, shall provide to each eligible entity receiving 
        a grant under this Act technical assistance and training--
                    (A) to assist that eligible entity in successfully 
                competing for future funding under this Act; and
                    (B) to strengthen existing tribal healing to 
                wellness courts.
            (2) Rural needs.--In providing technical assistance and 
        training under paragraph (1), the Bureau of Justice Assistance 
        shall consider and respond to the unique needs of eligible 
        entities located in rural States, rural areas, and rural 
        communities.
    (b) Support Services.--The Indian Health Service and the Substance 
Abuse and Mental Health Services Administration shall provide to each 
eligible entity receiving a grant under this Act support services to 
assist the eligible entity in carrying out the tribal healing to 
wellness court receiving grant amounts under this Act.

SEC. 7. REPORT.

    An eligible entity receiving a grant under this Act, for each 
fiscal year of the grant period and on a date specified by the Attorney 
General, shall submit to the Attorney General a report that describes 
the effectiveness of this Act.

SEC. 8. 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 use any component 
or components of the Department of Justice in carrying out this Act.

SEC. 9. AUTHORIZATION OF APPROPRIATIONS.

    (a) In General.--There is authorized to be appropriated to carry 
out this Act $10,000,000 for each of fiscal years 2016 through 2020, to 
remain available until expended.
    (b) Training and Technical Assistance.--Each fiscal year, not more 
than 5 percent of funds made available under subsection (a) for the 
fiscal year may be used by the Attorney General to provide training and 
technical assistance to carry out this Act.
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