[Congressional Record Volume 146, Number 127 (Thursday, October 12, 2000)]
[Senate]
[Pages S10412-S10416]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. TORRICELLI:
  S. 3191. A bill to create a Federal drug court program, and for other 
purposes; to the Committee on the Judiciary.


               federal drug courts foundation act of 2000

  Mr. TORRICELLI. Mr. President, I rise today to introduce the 
``Federal Drug Courts Foundation Act of 2000.'' This legislation will 
usher in an new era in the struggle against drug-related crime by 
establishing a system of federal drug courts. These courts will help 
bring an end to the cycle of repeated and escalating crimes committed 
by small-time drug offenders. As General Barry McCaffrey has said: 
``The establishment of drug courts . . . constitutes one of the most 
monumental changes in social justice in this country since World War 
II.''
  Mr. President, I have long fought against the scourge of drug-related 
crime that has plagued this nation. The legislation I introduce today 
will continue that fight by creating a three-year pilot program 
establishing federal drug courts in ten cities selected by the 
Department of Justice.
  Drug courts are a response to the fact that more than fifty percent 
of state parole violators were under the influence of drugs, alcohol, 
or both when they committed their new offense. They represent a 
creative new way to address this disturbing fact and are aimed at 
cleaning up first-time, small-time offenders through comprehensive 
supervision, drug testing and treatment.
  Drug court programs have been successfully implemented at the state 
level. Since 1989, more than 100,000 drug offenders have participated 
in drug court programs at the state level and there are now more than 
400 drug courts in existence. These drug courts have proven to be both 
effective and cost-efficient. A study in one New York drug court showed 
that only 11% of offenders were rearrested as compared to 27% in the 
general prison population. And while the incarceration of a drug 
offender costs between $20,000 and $50,000 annually, a drug court costs 
less than $2,500 per offender.
  Drugs continue to be one of the greatest threats to our children and 
to the well-being of our communities. For this reason, we must continue 
to fight against the scourge of illegal drugs ravaging our communities. 
To that end, I am introducing the ``Federal Drug Courts Foundations Act 
of 2000,'' legislation designed to sensibly combat the epidemic of 
drug-related crime. I hope that this much-needed legislation will enjoy 
your support and I look forward to working with each and every one of 
you in order to get this legislation enacted into law.
  I ask unanimous consent the text of the legislation be included in 
the Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                S. 3191

       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 Court Act of 2000''.

     SEC. 2. DEFINITIONS.

       In this Act:
       (1) Drug courts.--The term ``drug courts'' means a Federal 
     district court of general jurisdiction in a high drug crime 
     district, as defined by the Department of Justice, that 
     will--
       (A) expedite the criminal justice process for eligible 
     offenders until such time as they are declared ineligible or 
     selected for inclusion in a drug court program; and
       (B) maintain jurisdiction over the offenders' cases before, 
     during, and after participation in the program.
       (2) Drug court program.--The term ``drug court program'' 
     means a program for substance abuse treatment and 
     rehabilitation for eligible offenders that--
       (A) requires a successful plea agreement immediately 
     following conviction or in lieu of incarceration; and
       (B) is operated by a drug court in a State criminal justice 
     system that has agreed to accept, for a fee per offender, all 
     offenders selected for inclusion in such a program by a 
     Federal drug court.

[[Page S10416]]

       (3) Eligible offender.--The term ``eligible offender'' 
     means a person who meets the requirements established in 
     section 4 of this Act.
       (4) Office.--The term ``Office'' means the Office of 
     Justice Programs of the Department of Justice.

     SEC. 3. AUTHORIZATION OF DRUG COURTS.

       (a) Establishment of Drug Courts.--10 Federal district 
     courts in the United States, as selected by the Office, are 
     authorized to establish drug courts under this Act.
       (b) Drug Court Responsibilities.--Each Federal drug court 
     shall enter into an agreement with a State drug court program 
     that will allow all eligible offenders to participate in the 
     drug court program of that State, in exchange for the payment 
     of a fee equal to the amount of the cost of the program for 
     that offender. Each such agreement shall be subject to the 
     approval of the Office.
       (c) Oversight.--Except as specified in this Act, rules 
     governing drug courts will be promulgated separately by each 
     participating Federal district court, with the advice of the 
     Office, and subject to Department of Justice approval.

     SEC. 4. ELIGIBLE OFFENDERS.

       (a) In General.--An ``eligible offender'' means a person 
     who, by virtue of a Federal crime committed and other factors 
     that the drug court may consider, may be considered for 
     inclusion in the drug court program.
       (b) Program Participants.--Drug court program eligibility 
     under this Act shall not be available to any offender who--
       (1) is accused of violent criminal offenses;
       (2) is not accused of drug, drug-related, or drug-motivated 
     offenses;
       (3) has previously been convicted of a Federal or State 
     violent felony offense; or
       (4) for any other reason within the discretion of the 
     court, does not meet all requirements of the applicable drug 
     court.
       (b) Additional Eligibility Requirements.--In addition to 
     the criteria in subsection (a), no offender will be 
     considered eligible for participation in a drug court program 
     unless, following a reasonable investigation conducted 
     according to standards set by the court, and one or more 
     hearings before the court, consensus agreement is achieved 
     among the prosecutor, the defense counsel, and the presiding 
     judge, that the offender is a person who--
       (1) currently suffers from a drug dependency;
       (2) would benefit from the drug court program; and
       (3) is appropriate for inclusion in the drug court program.
       (c) Ineligible Offender Handling.--If at any point before 
     admission into the drug court program, an offender is found 
     ineligible for participation in a drug court program under 
     this Act, the case of that offender shall be processed by the 
     Federal district court under the applicable rules of 
     procedure and sentencing.
       (d) Requirements for Drug Program Participants.--Each 
     eligible offender shall understand, sign, and acknowledge 
     understanding of drug court documents, including--
       (1) a waiver of the right of the offender to a speedy 
     trial;
       (2) a written plea agreement that sets forth the offense 
     charged, the sanction to be imposed in the event of a breach 
     of the agreement, and the penalty to be imposed, if any, in 
     the event of a successful completion of the drug court 
     program, except that incarceration may not be imposed upon 
     successful completion of the program;
       (3) a written treatment plan that is subject to 
     modification at any time during the drug court program;
       (4) a written performance contract requiring the offender 
     to enter the drug court program as directed by the court and 
     participate until completion, withdrawal, or removal by the 
     court; and
       (5) a limited applicability waiver of confidentiality for 
     information relating to the treatment program of the 
     offender, and progress in that program, limited only to 
     agencies and parties participating in the drug court program, 
     and agencies and parties participating in oversight of the 
     case of the offender by the drug court.

     SEC. 5. DRUG COURT OPERATIONS.

       (a) Identification of Drug Program Participants.--The 
     Office of the United States Attorney office in a Federal drug 
     court, through the Office, shall establish procedures for the 
     identification of eligible offenders not later than 30 days 
     after the date of arrest of the alleged offender.
       (b) Participant Fitness Examination.--A United States 
     Attorney, defense counsel, and a treatment professional 
     affiliated with the drug court program in which the offender 
     would be placed, shall separately conduct investigations 
     regarding the eligibility of an offender for inclusion in the 
     drug court program. Upon a finding by any of the examining 
     parties that the offender is ineligible to participate in the 
     drug court program, the alleged offender shall be subject to 
     prosecution under the applicable rules of procedure and 
     sentencing.
       (c) Hearing.--Upon agreement of the prosecutor, defense 
     counsel, and treatment professional that an offender is 
     eligible for the drug court program, the prosecutor, defense 
     counsel, treatment professional, and offender shall appear 
     for a hearing before a drug court judge, who shall receive 
     testimony from each of the examining parties.
       (d) Judicial Discretion.--Upon a finding by the judge that 
     the offender is eligible for inclusion in the drug court 
     program, the judge shall obtain from the offender all 
     appropriate drug court documents, and the offender shall 
     immediately be removed to the custody of the drug treatment 
     program. Should the offender not agree to any of the 
     conditions of participation in the drug court program, the 
     offender shall be subject to prosecution under the applicable 
     rules of procedure and sentencing.
       (e) Drug Court Responsibilities.--The drug court shall--
       (1) assign to the drug court program responsibility over 
     all treatment, supervision, education, job skills training, 
     and other ancillary services incidental to the program;
       (2) hold regular hearings, attended by the judge, 
     prosecutor, defense counsel, and treatment professional to 
     assess the progress of the offender within the drug court 
     program; and
       (3) assess any and all disciplinary sanctions, penalties, 
     and fines resulting from a violation by the offender of the 
     drug court program plea agreement.
       (f) Disciplinary Sanctions.--The drug court shall establish 
     methods for measuring application of disciplinary sanctions, 
     which may include--
       (1) short term confinement;
       (2) reintroducing the offender into the drug court program 
     after a disciplinary action for a minor violation of the 
     treatment plan; and
       (3) removal from the drug court program and reinstatement 
     of the criminal case.
       (g) Drug Court Records.--All drug courts shall maintain 
     records regarding rates of recidivism, relapses, restarts, 
     sanctions imposed, and incentives given. All such data shall 
     be collected and reported annually by the Office.
       (h) Administrative Fees.--For each offender admitted to the 
     drug court program, the drug court shall pay to the drug 
     court program an amount agreed upon at the outset of the 
     relationship between the drug court and drug court program. 
     This amount shall represent payment for the cost of 
     treatment, supervision, rehabilitation, education, job skills 
     training, and other ancillary services that the program of 
     the offender shall require.

     SEC. 6. DRUG COURT PROGRAM PARTICIPANT SUPPORT.

       (a) In General.--Each drug court program shall provide all 
     participating offenders with a personalized program, 
     including elements of treatment, supervision, rehabilitation, 
     education, and job skills training, and other ancillary 
     services that the program of the offender shall require.
       (b) Participant Development.--Each drug court program shall 
     ensure, at a minimum--
       (1) strong linkage between all agencies participating in 
     the drug court program, and the drug court judge, prosecutor, 
     and defense counsel responsible for oversight of the case;
       (2) access for all participating agencies to information on 
     the progress of the offender within the program, 
     notwithstanding normally confidential treatment and 
     counseling information;
       (3) vigilant supervision and monitoring procedures;
       (4) random substance abuse testing not less frequently than 
     weekly;
       (5) provisions for noncompliance, modification of the 
     treatment plan, and revocation proceedings;
       (6) availability of residential treatment facilities and 
     outpatient services; and
       (7) methods for measuring performance-based effectiveness 
     of the services of individual treatment providers.

     SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

       Subject to an appropriations Act, there is authorized to be 
     appropriated for each of fiscal years 2000 through 2004, the 
     following amounts:
       (1) $15,000,000, to the Office, to carry out a pilot 
     program to establish a Federal drug court in each of 10 
     cities in the United States that are statistically considered 
     high drug crime areas.
       (2) $5,000,000 to the Department of Justice, for additional 
     prosecutorial resources, including personnel, dedicated to 
     drug enforcement in each of the 10 cities in which a Federal 
     drug court is established under this Act.
                                 ______