[Federal Register Volume 60, Number 118 (Tuesday, June 20, 1995)]
[Rules and Regulations]
[Pages 32104-32106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14985]



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DEPARTMENT OF JUSTICE

Office of Justice Programs

28 CFR Part 93

[OJP No. 1014]
RIN 1121-AA26


Drug Courts

AGENCY: U.S. Department of Justice, Office of Justice Programs.

ACTION: Final rule.

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SUMMARY: This notice announces the Final Rule on the Drug Court Program 
as authorized by Title V of the Violent Crime Control and Law 
Enforcement Act of 1994. The Rule gives general 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 Courts Program were issued by 
the Drug Courts Program Office on March 23, 1995. The Final Rule does 
not differ from the Proposed Rule published on January 26, 1995 (60 FR 
5152).

DATES: The Final Rule is effective June 20, 1995.

ADDRESSES: All inquiries, correspondence, and requests for information 
should be addressed to Tim Murray, Acting Director, Drug Courts Program 
Office, Office of Justice Programs, 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 or Tim Murray, Acting 
Director, Drug Courts Program Office, Office of Justice Programs at 
(202) 616-5001.

SUPPLEMENTARY INFORMATION:

Overview of Title V--Drug Courts

    Federal discretionary grants are made available under the Violent 
Crime Control and Law Enforcement Act of 1994, Title V, Pub. L. 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, 42 U.S.C. 3711 et seq., 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.
    The Fiscal Year 1995 Department of Justice Appropriations Act, Pub. 
L. 103-317, 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 the detailed program 
guidelines and application materials published by the Drug Courts 
Program Office of the Office of Justice Programs on March 23, 1995 and 
available from that Office.
    The Department issued a Proposed Rule on January 26, 1995 (60 FR 
5152). The Final Rule being published herein is unchanged from the 
Proposed Rule and closely mirrors the authorizing statute. Application 
guidelines addressing the logistics of the Program and its 
implementation were issued on March 23, 1995. Copies of the Drug Court 
Program Guidelines are available directly from the DOJ Response Center 
or the Drug Courts Program Office.

Discussion of Comments

    The Office of Justice Programs received sixteen letters commenting 
on the proposed regulations, primarily from State and local government 
(including district attorneys and criminal justice planning agencies). 
Comments are on file in the Drug Courts Program Office and are 
available for review. All comments were considered by the Drug Courts 
Program Office in the issuance of its Application Guidelines and in the 
review of this [[Page 32105]] Final Rule. The Office of Justice 
Programs thanks all those who commented on this program.
    Commentators unanimously voiced their support for the Department's 
efforts to implement the Program and offered positive suggestions for 
the essential element of the regulation, the exclusion of violent 
offenders definition. Commentators also noted concerns in other areas, 
including the design and type of services provided in programs for Drug 
Court participants, judicial supervision, participation with local 
agencies, defendants' rights, and available funding.
    The majority of comments focused on the definition of the term 
``violent offender.'' While all agreed that such individuals should be 
excluded and that the definition worked toward achieving that result, 
some were concerned with its potential breadth. The Department gave 
much consideration to this particular definitional issue in drafting 
the Proposed Rule and the subsequent guidelines. Indeed, a careful 
survey of the comments made in preparation for publication of the Final 
Rule provided an opportunity for the Department to revisit many of 
these concerns. Our reexamination, however, suggested that our original 
approach is appropriate in that it tracks the language of the Act.
    We appreciate those comments received regarding program design, 
treatment availability, and services provided. We emphasized in the 
preamble of the Proposed Rule, as we do now, that the Department will 
accept a variety of approaches. Indeed, rather than prescribing one 
model, the Program Guidelines appropriately encourage flexibility in 
developing local Drug Court programs. Localities are encouraged to 
tailor intervention approaches best suited to address local 
circumstances. Within the boundaries set by the statute, the Department 
is committed to maintaining flexibility to avoid any restrictions on 
localities that would tend to limit development to one particular 
design. The design flexibility provided for local Drug Court programs, 
similarly, allows grantees to develop an array of services appropriate 
to the local constituent population served, thereby avoiding the need 
to specify a list of particular services as a prerequisite for 
participation.
    We received comments concerning the potential impact of Drug Court 
programming on the rights of individual defendants. Guidelines require 
participation by the entire criminal justice system including courts, 
prosecutors and public defenders, to ensure effective programming and 
that the rights of individual defendants are protected.
    The issue of judicial supervision raised by some commentators is a 
central feature of the program. According to the terms of the statute, 
judicial supervision must be ongoing. Therefore, it has been retained 
as a seminal program requirement for all Drug Court programming.
    Some commentators focused on the issue of the overall effectiveness 
of the Program nationally and the role of evaluations in that effort. 
Assessments and evaluations of Drug Court programs will be carried out 
by individual grantees in consultation with the National Institute of 
Justice (NIJ) and other appropriate agencies. It is the Department's 
intention to review data provided by individual program grantees 
nationwide to help evaluate the overall effectiveness of the Drug Court 
Program. NIJ-sponsored impact and process evaluations will focus in 
more depth on selected Drug Courts funded under this 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 in 28 CFR Part 93

    Grant programs, Judicial administration.

    For the reasons set out in the preamble, Title 28, Chapter 1, of 
the Code of Federal Regulations is 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 [[Page 32106]] 
    (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 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 the regulations in this part.
    (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. 95-14985 Filed 6-19-95; 8:45 am]
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