[Congressional Record Volume 144, Number 37 (Friday, March 27, 1998)]
[Senate]
[Pages S2722-S2724]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. LUGAR:
  S. 1876. A bill to amend part S of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 to permit the use of certain 
amounts for assistance to jail-based substance treatment programs, and 
for other purposes; to the Committee on the Judiciary.
  


[[Page S2723]]

      THE JAIL-BASED SUBSTANCE ABUSE TREATMENT PROGRAM ACT OF 1998

  Mr. LUGAR Mr. President, I rise today to offer legislation amending 
the Residential Substance Abuse Treatment program, known as R-SAT, to 
enable jurisdictions below the state level to realize greater benefits 
from the program. The R-SAT program allows the Attorney General to make 
grants for the establishment of treatment programs within local 
correctional facilities, but only a few jurisdictions have been able to 
take advantage of these grants.
  The legislation I am offering today will solve this problem by 
establishing a separate Jail-Based Substance Abuse Treatment Program, 
or J-SAT. Under this new program, states will be explicitly authorized 
to devote up to ten percent of the funds they receive under R-SAT to 
qualifying J-SAT programs.
  This legislation will provide matching funds to jail-based treatment 
programs that meet several criteria. First, the program must be at 
least three months in length. This is the minimum amount of time for a 
treatment program to have the desired effect. To qualify for funding, a 
program must also have been in existence for at least two years. This 
criterion is intended to ensure that jurisdictions which have already 
demonstrated a commitment to treatment programs at the local level 
receive first priority for funding. It also ensures that scarce 
treatment resources are allocated to programs with a demonstrable track 
record of success. The third criteria for programs seeking J-SAT 
funding is that the treatment regimen must include regular drug 
testing. This is necessary to ensure that some objective measure of the 
program's success is available. Grant recipients are also encouraged to 
provide the widest range of aftercare services possible, including job 
training, education and self-help programs. These steps are necessary 
to leverage the resources devoted to solving the problem of substance 
abuse, and to give individuals involved in treatment the best possible 
chance for successful rehabilitation.
  I am offering this legislation because substance abuse and problems 
arising from it are putting a severe strain on the resources of local 
jurisdictions throughout the nation. This is not a minor problem. The 
Office of National Drug Control Policy indicates that approximately 
three-fourths of prison inmates--and over half of those in jails or on 
probation--are substance abusers, yet only a small percentage of 
inmates participate in treatment programs while they are incarcerated. 
The time during which drug-using offenders are in custody or under 
post-release correctional supervision presents a unique opportunity to 
reduce drug use and crime through effective drug testing and treatment 
programs.
  Research indicates that programs like J-SAT can help to reduce the 
strain on our communities by cutting drug use in half; by reducing 
other criminal activity like shoplifting, assault, and drug sales by up 
to 80 percent; and by reducing arrests for all crimes by up to 64 
percent.
  I would also note that jail-based treatment programs are cost 
effective. In 1994, the American Correctional Association estimated the 
annual cost of incarceration at $18,330. The Office of National Drug 
Control Policy states that treatment while in prison and under post-
incarceration supervision can reduce recidivism by roughly 50 percent. 
Thus, for every $1,800 the government invests in treatment, it saves 
more than $9,000. Former Assistant Health Secretary Philip Lee has 
estimated that every dollar invested in treatment can save $7 in 
societal and medical costs.
  For these reasons, I ask my colleagues to support the Jail-Based 
Substance Abuse Treatment legislation I am introducing today.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 1876

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

     SECTION 1. JAIL-BASED SUBSTANCE ABUSE TREATMENT PROGRAMS.

       (a) In General.--Part S of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff et 
     seq.) is amended by adding at the end the following:

     ``SEC. 1906. JAIL-BASED SUBSTANCE ABUSE TREATMENT.

       ``(a) Definitions.--In this section--
       ``(1) the term `jail-based substance abuse treatment 
     program' means a course of individual and group activities, 
     lasting for a period of not less than 3 months, in an area of 
     a correctional facility set apart from the general population 
     of the correctional facility, if those activities are--
       ``(A) directed at the substance abuse problems of 
     prisoners; and
       ``(B) intended to develop the cognitive, behavioral, 
     social, vocational, and other skills of prisoners in order to 
     address the substance abuse and related problems of 
     prisoners; and
       ``(2) the term `local correctional facility' means any 
     correctional facility operated by a unit of local government.
       ``(b) Authorization.--
       ``(1) In general.--Not less than 10 percent of the total 
     amount made available to a State under section 1904(a) for 
     any fiscal year may be used by the State to make grants to 
     local correctional facilities in the State for the purpose of 
     assisting jail-based substance abuse treatment programs 
     established by those local correctional facilities.
       ``(2) Federal share.--The Federal share of a grant made by 
     a State under this section to a local correctional facility 
     may not exceed 75 percent of the total cost of the jail-based 
     substance abuse treatment program described in the 
     application submitted under subsection (c) for the fiscal 
     year for which the program receives assistance under this 
     section.
       ``(c) Applications.--
       ``(1) In general.--To be eligible to receive a grant from a 
     State under this section for a jail-based substance abuse 
     treatment program, the chief executive of a local 
     correctional facility shall submit to the State, in such form 
     and containing such information as the State may reasonably 
     require, an application that meets the requirements of 
     paragraph (2).
       ``(2) Application requirements.--Each application submitted 
     under paragraph (1) shall include--
       ``(A) with respect to the jail-based substance abuse 
     treatment program for which assistance is sought, a 
     description of the program and a written certification that--
       ``(i) the program has been in effect for not less than 2 
     consecutive years before the date on which the application is 
     submitted; and
       ``(ii) the local correctional facility will--

       ``(I) coordinate the design and implementation of the 
     program between local correctional facility representatives 
     and the appropriate State and local alcohol and substance 
     abuse agencies;
       ``(II) implement (or continue to require) urinalysis or 
     other proven reliable forms of substance abuse testing of 
     individuals participating in the program, including the 
     testing of individuals released from the jail-based substance 
     abuse treatment program who remain in the custody of the 
     local correctional facility; and
       ``(III) carry out the program in accordance with 
     guidelines, which shall be established by the State, in order 
     to guarantee each participant in the program access to 
     consistent, continual care if transferred to a different 
     local correctional facility within the State;

       ``(B) written assurances that Federal funds received by the 
     local correctional facility from the State under this section 
     will be used to supplement, and not to supplant, non-Federal 
     funds that would otherwise be available for jail-based 
     substance abuse treatment programs assisted with amounts made 
     available to the local correctional facility under this 
     section; and
       ``(C) a description of the manner in which amounts received 
     by the local correctional facility from the State under this 
     section will be coordinated with Federal assistance for 
     substance abuse treatment and aftercare services provided to 
     the local correctional facility by the Substance Abuse and 
     Mental Health Services Administration of the Department of 
     Health and Human Services.
       ``(d) Review of Applications.--
       ``(1) In general.--Upon receipt of an application under 
     subsection (c), the State shall--
       ``(A) review the application to ensure that the 
     application, and the jail-based residential substance abuse 
     treatment program for which a grant under this section is 
     sought, meet the requirements of this section; and
       ``(B) if so, make an affirmative finding in writing that 
     the jail-based substance abuse treatment program for which 
     assistance is sought meets the requirements of this section.
       ``(2) Approval.--Based on the review conducted under 
     paragraph (1), not later than 90 days after the date on which 
     an application is submitted under subsection (c), the State 
     shall--
       ``(A) approve the application, disapprove the application, 
     or request a continued evaluation of the application for an 
     additional period of 90 days; and
       ``(B) notify the applicant of the action taken under 
     subparagraph (A) and, with respect to any denial of an 
     application under subparagraph (A), afford the applicant an 
     opportunity for reconsideration.
       ``(3) Eligibility for preference with aftercare 
     component.--
       ``(A) In general.--In making grants under this section, a 
     State shall give preference to applications from local 
     correctional facilities that ensure that each participant in 
     the jail-based substance abuse treatment program for which a 
     grant under this section is

[[Page S2724]]

     sought, is required to participate in an aftercare services 
     program that meets the requirements of subparagraph (B), for 
     a period of not less than 1 year following the earlier of--
       ``(i) the date on which the participant completes the jail-
     based substance abuse treatment program; or
       ``(ii) the date on which the participant is released from 
     the correctional facility at the end of the participant's 
     sentence or is released on parole.
       ``(B) Aftercare services program requirements.--For 
     purposes of subparagraph (A), an aftercare services program 
     meets the requirements of this paragraph if the program--
       ``(i) in selecting individuals for participation in the 
     program, gives priority to individuals who have completed a 
     jail-based substance abuse treatment program;
       ``(ii) requires each participant in the program to submit 
     to periodic substance abuse testing; and
       ``(iii) involves the coordination between the jail-based 
     substance abuse treatment program and other human service and 
     rehabilitation programs that may assist in the rehabilitation 
     of program participants, such as--

       ``(I) educational and job training programs;
       ``(II) parole supervision programs;
       ``(III) half-way house programs; and
       ``(IV) participation in self-help and peer group programs; 
     and

       ``(iv) assists in placing jail-based substance abuse 
     treatment program participants with appropriate community 
     substance abuse treatment facilities upon release from the 
     correctional facility at the end of a sentence or on parole.
       ``(e) Coordination and Consultation.--
       ``(1) Coordination.--Each State that makes 1 or more grants 
     under this section in any fiscal year shall, to the maximum 
     extent practicable, implement a statewide communications 
     network with the capacity to track the participants in jail-
     based substance abuse treatment programs established by local 
     correctional facilities in the State as those participants 
     move between local correctional facilities within the State.
       ``(2) Consultation.--Each State described in paragraph (1) 
     shall consult with the Attorney General and the Secretary of 
     Health and Human Services to ensure that each jail-based 
     substance abuse treatment program assisted with a grant made 
     by the State under this section incorporates applicable 
     components of comprehensive approaches, including relapse 
     prevention and aftercare services.
       ``(f) Use of Grant Amounts.--
       ``(1) In general.--Each local correctional facility that 
     receives a grant under this section shall use the grant 
     amount solely for the purpose of carrying out the jail-based 
     substance abuse treatment program described in the 
     application submitted under subsection (c).
       ``(2) Administration.--Each local correctional facility 
     that receives a grant under this section shall carry out all 
     activities relating to the administration of the grant 
     amount, including reviewing the manner in which the amount is 
     expended, processing, monitoring the progress of the program 
     assisted, financial reporting, technical assistance, grant 
     adjustments, accounting, auditing, and fund disbursement.
       ``(3) Restriction.--A local correctional facility may not 
     use any amount of a grant under this section for land 
     acquisition or a construction project.
       ``(g) Reporting Requirement; Performance Review.--
       ``(1) Reporting requirement.--Not later than March 1 of 
     each year, each local correctional facility that receives a 
     grant under this section shall submit to the Attorney 
     General, through the State, a description and evaluation of 
     the jail-based substance abuse treatment program carried out 
     by the local correctional facility with the grant amount, in 
     such form and containing such information as the Attorney 
     General may reasonably require.
       ``(2) Performance review.--The Attorney General shall 
     conduct an annual review of each jail-based substance abuse 
     treatment program assisted under this section, in order to 
     verify the compliance of local correctional facilities with 
     the requirements of this section.
       ``(h) No Effect on State Allocation.--Nothing in this 
     section shall be construed to affect the allocation of 
     amounts to States under section 1904(a).''.
       (b) Technical Amendment.--The table of contents for title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.) is amended, in the matter relating to 
     part S, by adding at the end the following:

``1906. Jail-based substance abuse treatment.''.
                                 ______