[Federal Register Volume 60, Number 17 (Thursday, January 26, 1995)]
[Proposed Rules]
[Pages 5152-5155]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-1903]



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DEPARTMENT OF JUSTICE

Office of Justice Programs

28 CFR Part 93

[OJP No. 1014]
RIN 1121-AA26


Drug Courts

AGENCY: Department of Justice, Office of Justice Programs.

ACTION: Proposed rule.

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SUMMARY: This notice announces a proposed rule and requests comments on 
the Drug Court Program as authorized by Title V of the Violent Crime 
Control and Law Enforcement Act of 1994. This rule gives general 
[[Page 5153]] guidance regarding the program and specifically 
delineates the prohibition on participation by violent offenders. 
Detailed program guidelines and application materials for the Fiscal 
year 1995 Drug Court Program will be available in early 1995.

DATES: All comments must be received by February 27, 1995.

ADDRESSES: All comments should be addressed to Reginald L. Robinson, 
Deputy Assistant Attorney General, Office of Justice Program, 633 
Indiana Avenue NW., Washington, DC 20531.

FOR FURTHER INFORMATION CONTACT: The Department of Justice Response 
Center at 1-800-421-6770 or (202) 307-1480.

SUPPLEMENTARY INFORMATION:

Overview of Title V-Drug Courts

    Federal discretionary grants are being made available under the 
Violent Crime Control and Law Enforcement Act of 1994, Title V, Public 
Law 103-322, 108 Stat. 1796 (September 13, 1994), 42 U.S.C. 3796ii-
3796ii-8 [hereinafter the ``Act''] to states, units of local 
government, Indian tribal governments, and state and local courts for 
assistance with drug court programs. The Act gives the Attorney General 
and, through statutory authority contained in the Omnibus Crime Control 
and Safe Streets Act, an authorized designee (in this case the 
Assistant Attorney General for the Office of Justice Programs), the 
authority to make grants to the above mentioned entities for drug court 
programs that involve continuing judicial supervision over non-violent 
offenders with substance abuse problems and the integrated 
administration of sanctions and services including: (1) mandatory 
periodic testing for the use of controlled substances or other 
addictive substances during any period of supervised release or 
probation for each participant; (2) substance abuse treatment for each 
participant; (3) 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 (4) programmatic, 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 requiring such 
services.
    Section 50001 of Title V of the Act requires that regulations be 
issued to ensure exclusion of violent offenders from these funded 
programs. This proposed rule responds to that requirement. To more 
fully develop and define the grant program and to provide direction and 
guidance to potential applicants, program guidelines will be issued 
subsequent to the publication of this proposed rule. This Supplementary 
Information section is intended, in part, to elicit comment on a broad 
range of issues relevant to the development and implementation of those 
program guidelines.

Statement of the Problem

    More than half of all individuals brought into the criminal justice 
system have substance abuse problems. Many of these individuals are 
non-violent offenders who repeatedly cycle through the court, 
corrections and probation systems without help to change their 
behavior. The underlying problem of such non-violent substance abusing 
offenders frustrates and inhibits judicial effectiveness. All too 
often, the non-violent drug offender faces little certainty of 
punishment and represents a long term recurring problem for both the 
criminal justice system and society.
    In too many cases, the criminal justice system fails to subject 
non-violent, drug abusing offenders to intervention measures that 
provide the mix of services and sanctions necessary to change their 
behavior or, if necessary, coerce abstinence. Some courts and 
prosecutors, however, have cost-effectively addressed the problem 
through the use of treatment drug courts. Their results suggest that 
``drug courts'' can significantly enhance the offender's opportunity to 
break the cycle of substance abuse and crime. Those who are coming into 
contact with the criminal justice system for the first time may be 
particularly susceptible to effective early intervention.
    Indeed, research and evaluation demonstrate that the ``drug court'' 
approach is effective in reducing both drug abuse and drug-related 
crime. The Drug Court discretionary grant program of Title V seeks to 
support the development of innovative measures that provide courts 
additional resources to assure certainty of punishment for drug abusing 
offenders through the integrated administration of services and 
sanctions, including close supervision and coerced abstinence.

The Violent Crime Control and Law Enforcement Act of 1994

    The Department of Justice (Department) recognizes that no single 
model exists for an effective drug court. To the contrary, the 
Department believes there may be a variety of valid approaches that 
deal effectively with non-violent offenders with substance abuse 
problems. Consequently, the Drug Court grant program will maintain 
flexibility in providing funds to support the development of a variety 
of initiatives that coordinate treatment and coerced abstinence.
    The Department also recognizes the great diversity in the structure 
and operation of state and local courts and criminal justice systems. 
Hence, the Department is committed to a flexible approach that allows 
jurisdictions to tailor local initiatives to best suit their needs and 
local conditions. Program flexibility, however, is necessarily balanced 
by statutory requirements concerning the design and administration of 
the funded programs. Accordingly, Drug Court programs that receive 
grant awards must:
     Exclude violent offenders from program participation;
     Include a long-term strategy and detailed implementation 
plan;
     Explain the applicant's inability to fund the program 
adequately without federal assistance;
     Use federal support to supplement, and not supplant, 
State, Indian Tribal, and local sources of funding that would otherwise 
be available;
     Identify related governmental or community initiatives 
which complement or will be coordinated with the proposal;
     Consult with all affected agencies and insure that there 
will be appropriate coordination with all affected agencies in the 
implementation of the program;
     Certify that participating offenders will receive 
continuing judicial supervision by one or more designated judges with 
responsibility for the drug court program;
     Specify plans for obtaining necessary support and 
continuing the proposed program following the conclusion of Federal 
support; and
     Describe the methodology that will be used in evaluating 
the program.
    Consistent with Congressional intent, program evaluation will be 
crucial. Grant recipients will be required to cooperate with a national 
evaluation team throughout their involvement with the program. 
Recipients will also be required to provide for independent evaluation 
of the impact and effectiveness of their funded programs. The following 
issues will be especially important in determining whether programs 
receiving grants under this initiative are effective: (1) Reduction in 
recidivism rates of program participants, (2) maintenance of acceptable 
substance abuse treatment completion rates among program participants, 
(3) decreased drug use by program participants, and (4) maintenance of 
a cost effective program [[Page 5154]] in relation to the overall 
criminal justice system.

FY 1995 Drug Court Initiative

    The Fiscal Year 1995 Department of Justice Appropriations Act, 
Public Law 103-317, has allocated $29 million for the Drug Court grant 
programs. Eligibility of applicants to receive grants will be based on 
requirements of the statute and these regulations, as well as 
assurances and certifications specified in detailed program guidelines 
and application materials that will be available in early 1995 for the 
Fiscal Year 1995 Drug Court initiative.
    While detailed program guidelines will follow the publication of 
this notice of proposed rulemaking, the Department has made some broad 
programmatic decisions upon which it welcomes comment. Three types of 
funding will be available under this program during Fiscal Year 1995. 
First, planning funding will be available for those jurisdictions that 
express interest in initiating a drug court, but have not engaged in 
the comprehensive planning necessary to make such a program successful. 
Second, jurisdictions currently operating drug court programs may seek 
funding to expand, enhance, or augment these ongoing efforts. Finally, 
for those jurisdictions that have engaged (or are currently engaged) in 
a comprehensive drug court planning process, funding may be available 
to implement the plans their efforts have produced.

Call for Comments Concerning the Drug Court Initiative

    Substance abuse-related offender case management is primarily a 
state and local issue; thus, the Drug Court grant program contemplates 
collaboration between federal and state and local agencies. State and 
local government officials were involved in Congressional hearings and 
meetings that guided the development of this legislation and will 
continue to be involved as the Department moves forward in developing 
this regulation, establishing policy guidance, and implementing program 
guidelines. At this time, comments are welcome regarding the basic 
program design requirements described in Sec. 93.4 of the proposed 
rule, and to the entire scope of the program.

Administrative Requirements

    This regulation has been drafted and reviewed in accordance with 
Executive Order 12866, section 1(b), Principles of Regulation. This 
rule is not a ``significant regulatory action'' under Executive Order 
12866, section 3(f), Regulatory Planning and Review, and, accordingly, 
this rule has not been reviewed by the Office of Management and Budget.
    The Assistant Attorney General for the Office of Justice Programs, 
in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)), 
has reviewed this regulation and, by approving it, certifies that this 
regulation will not have a significant economic impact on a substantial 
number of small entities.

List of Subjects

    Grant Programs, Judicial Administration.

    For the reasons set out in the preamble, Title 28, Chapter I, of 
the Code of Federal Regulations is proposed to be amended by adding a 
new Part 93 consisting of Subpart A as set forth below.

PART 93--PROVISIONS IMPLEMENTING THE VIOLENT CRIME CONTROL AND LAW 
ENFORCEMENT ACT OF 1994

Subpart A--Drug Courts

Sec.
93.1  Purpose.
93.2  Statutory authority.
93.3  Definitions.
93.4  Grant authority.
93.5  Exclusion of violent offenders.

Subpart B--[Reserved]

    Authority: 42 U.S.C. 3796ii-3796ii-8.

Subpart A--Drug Courts


Sec. 93.1   Purpose.

    This part sets forth requirements and procedures to ensure that 
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, exclude violent 
offenders from participation in programs authorized and funded under 
this part.


Sec. 93.2   Statutory authority.

    This program is authorized under the Violent Crime Control and Law 
Enforcement Act of 1994, Title V, Public Law 103-322, 108 Stat. 1796 
(September 13, 1994), 42 U.S.C. 3796ii-3796ii-8.


Sec. 93.3   Definitions.

    (a) State has the same meaning as set forth in section 901(a)(2) of 
the Omnibus Crime Control and Safe Streets Act of 1968, as amended.
    (b) Unit of Local Government has the same meaning as set forth in 
section 901(a)(3) of the Omnibus Crime Control and Safe Streets Act of 
1968, as amended.
    (c) Assistant Attorney General means the Assistant Attorney General 
for the Office of Justice Programs.
    (d) Violent offender means a person who either--
    (1) Is currently charged with or convicted of an offense during the 
course of which:
    (i) The person carried, possessed, or used a firearm or other 
dangerous weapon; or
    (ii) There occurred the use of force against the person of another; 
or
    (iii) There occurred the death of, or serious bodily injury to, any 
person;

without regard to whether proof of any of the elements described herein 
is required to convict; or
    (2) Has previously been convicted of 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.


Sec. 93.4   Grant authority.

    (a) The Assistant 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 programs that involve:
    (1) Continuing judicial supervision over offenders with substance 
abuse problems who are not violent offenders, and
    (2) The integrated administration of other sanctions and services, 
which shall include--
    (i) Mandatory periodic testing for the use of controlled substances 
or other addictive substances during any period of supervised release 
or probation for each participant;
    (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) Programmatic, 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.
    (b) Applications for grants under this program shall be made at 
such times and in such form as may be specified in guidelines or 
notices published by the Assistant Attorney General. Applications will 
be evaluated according to the statutory requirements of the Act and the 
programmatic goals [[Page 5155]] specified in the applicable 
guidelines. Grantees must comply with all statutory and program 
requirements applicable to grants under this program.


Sec. 93.5   Exclusion of violent offenders.

    (a) The Assistant Attorney General will ensure that 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, exclude violent offenders from 
programs authorized and funded under this part.
    (b) No recipient of a grant made under the authority of this part 
shall permit a violent offender to participate in any program receiving 
funding pursuant to this part.
    (c) Applicants must certify as part of the application process that 
violent offenders will not participate in programs authorized and 
funded under this part. The required certification shall be in such 
form and contain such assurances as the Assistant Attorney General may 
require to carry out the requirements of this part.
    (d) If the Assistant Attorney General determines that one or more 
violent offenders are participating in a program receiving funding 
under this part, such funding shall be promptly suspended, pending the 
termination of participation by those persons deemed ineligible to 
participate under these regulations.
    (e) The Assistant Attorney General may carry out or make 
arrangements for evaluations and request information from programs that 
receive support under this part to ensure that violent offenders are 
excluded from participating in programs hereunder.

Subpart B--[Reserved]

Laurie Robinson,
Assistant Attorney General, Office of Justice Programs.
[FR Doc. 95-1903 Filed 1-25-95; 8:45 am]
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