Home > 106th Congressional Bills > H.R. 4493 (eh) To establish grants for drug treatment alternative to prison programs administered by State or local prosecutors. [Engrossed in House] ...H.R. 4493 (eh) To establish grants for drug treatment alternative to prison programs administered by State or local prosecutors. [Engrossed in House] ...
In the Senate of the United States,
December 6 (legislative day, September 22), 2000.
Resolved, That the bill from the House of Representatives (H.R.
4493) entitled ``An Act to establish grants for drug treatment
alternative to prison programs administered by State or local
prosecutors.'', do pass with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
TITLE I--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON
SEC. 101. SHORT TITLE.
This title may be cited as the ``Prosecution Drug Treatment
Alternative to Prison Act of 2000''.
SEC. 102. DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS ADMINISTERED BY
STATE OR LOCAL PROSECUTORS.
(a) Prosecution Drug Treatment Alternative to Prison Programs.--
Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3711 et seq.) is amended by adding at the end the following new
part:
``PART BB--PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAMS
``SEC. 2801. PILOT PROGRAM AUTHORIZED.
``(a) In General.--The Attorney General may make grants to State or
local prosecutors for the purpose of developing, implementing, or
expanding drug treatment alternative to prison programs that comply
with the requirements of this part.
``(b) Use of Funds.--A State or local prosecutor who receives a
grant under this part shall use amounts provided under the grant to
develop, implement, or expand the drug treatment alternative to prison
program for which the grant was made, which may include payment of the
following expenses:
``(1) Salaries, personnel costs, equipment costs, and other
costs directly related to the operation of the program,
including the enforcement unit.
``(2) Payments to licensed substance abuse treatment
providers for providing treatment to offenders participating in
the program for which the grant was made, including aftercare
supervision, vocational training, education, and job placement.
``(3) Payments to public and nonprofit private entities for
providing treatment to offenders participating in the program
for which the grant was made.
``(c) Federal Share.--The Federal share of a grant under this part
shall not exceed 75 percent of the cost of the program.
``(d) Supplement and Not Supplant.--Grant amounts received under
this part shall be used to supplement, and not supplant, non-Federal
funds that would otherwise be available for activities funded under
this part.
``SEC. 2802. PROGRAM REQUIREMENTS.
``A drug treatment alternative to prison program with respect to
which a grant is made under this part shall comply with the following
requirements:
``(1) A State or local prosecutor shall administer the
program.
``(2) An eligible offender may participate in the program
only with the consent of the State or local prosecutor.
``(3) Each eligible offender who participates in the
program shall, as an alternative to incarceration, be sentenced
to or placed with a long term, drug free residential substance
abuse treatment provider that is licensed under State or local
law.
``(4) Each eligible offender who participates in the
program shall serve a sentence of imprisonment with respect to
the underlying crime if that offender does not successfully
complete treatment with the residential substance abuse
provider.
``(5) Each residential substance abuse provider treating an
offender under the program shall--
``(A) make periodic reports of the progress of
treatment of that offender to the State or local
prosecutor carrying out the program and to the
appropriate court in which the defendant was convicted;
and
``(B) notify that prosecutor and that court if that
offender absconds from the facility of the treatment
provider or otherwise violates the terms and conditions
of the program.
``(6) The program shall have an enforcement unit comprised
of law enforcement officers under the supervision of the State
or local prosecutor carrying out the program, the duties of
which shall include verifying an offender's addresses and other
contacts, and, if necessary, locating, apprehending, and
arresting an offender who has absconded from the facility of a
residential substance abuse treatment provider or otherwise
violated the terms and conditions of the program, and returning
such offender to court for sentence on the underlying crime.
``SEC. 2803. APPLICATIONS.
``(a) In General.--To request a grant under this part, a State or
local prosecutor shall submit an application to the Attorney General in
such form and containing such information as the Attorney General may
reasonably require.
``(b) Certifications.--Each such application shall contain the
certification of the State or local prosecutor that the program for
which the grant is requested shall meet each of the requirements of
this part.
``SEC. 2804. GEOGRAPHIC DISTRIBUTION.
``The Attorney General shall ensure that, to the extent
practicable, the distribution of grant awards is equitable and includes
State or local prosecutors--
``(1) in each State; and
``(2) in rural, suburban, and urban jurisdictions.
``SEC. 2805. REPORTS AND EVALUATIONS.
``For each fiscal year, each recipient of a grant under this part
during that fiscal year shall submit to the Attorney General a report
regarding the effectiveness of activities carried out using that grant.
Each report shall include an evaluation in such form and containing
such information as the Attorney General may reasonably require. The
Attorney General shall specify the dates on which such reports shall be
submitted.
``SEC. 2806. DEFINITIONS.
``In this part:
``(1) The term `State or local prosecutor' means any
district attorney, State attorney general, county attorney, or
corporation counsel who has authority to prosecute criminal
offenses under State or local law.
``(2) The term `eligible offender' means an individual
who--
``(A) has been convicted of, or pled guilty to, or
admitted guilt with respect to a crime for which a
sentence of imprisonment is required and has not
completed such sentence;
``(B) has never been convicted of, or pled guilty
to, or admitted guilt with respect to, and is not
presently charged with, a felony crime of violence, a
major drug offense, or a crime that is considered a
violent felony under State or local law; and
``(C) has been found by a professional substance
abuse screener to be in need of substance abuse
treatment because that offender has a history of
substance abuse that is a significant contributing
factor to that offender's criminal conduct.
``(3) The term `felony crime of violence' has the meaning
given such term in section 924(c)(3) of title 18, United States
Code.
``(4) The term `major drug offense' has the meaning given
such term in section 36(a) of title 18, United States Code.''.
(b) Authorization of Appropriations.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)) is amended by adding at the end the following new paragraph:
``(24) There are authorized to be appropriated to carry out
part BB $10,000,000 for each of fiscal years 2001 through
2003.''.
TITLE II--FEDERAL DRUG TREATMENT ALTERNATIVE SENTENCING
SEC. 201. SHORT TITLE.
This title may be cited as the ``Federal Drug Treatment Alternative
Sentencing Act of 2000''.
SEC. 202. ESTABLISHMENT.
The court, upon the conviction of an individual for a misdemeanor
under section 404(a) of the Controlled Substances Act (21 U.S.C.
844(a)), if the individual is a defendant described in section
3553(f)(2) of title 18, United States Code, shall consider sentencing
that individual to a term of probation that includes a condition, or a
term of imprisonment that includes a recommendation, of participation
in substance abuse treatment, including a drug dependency program as
described under this title.
SEC. 203. PROBATION PROGRAMS.
(a) Generally.--If the court imposes a sentence of probation
pursuant to section 202, the sentence of probation shall be subject to
subtitle B of chapter 227 of title 18, United States Code. In
considering discretionary conditions of probation under section 3563(b)
of such title, the court shall consider and use, where appropriate to
assure participation in substance abuse treatment, any of the
following:
(1) Day fines.
(2) House arrest.
(3) Electronic monitoring.
(4) Intensive probation supervision.
(5) Day reporting centers.
(6) Intermittent confinement.
(7) Treatment in therapeutic community.
(b) Alternative Sentence.--In order to assure participation in
substance abuse treatment each offender who participates in a substance
abuse program pursuant to this section shall serve a sentence of
imprisonment with respect to the underlying offense if that offender
does not successfully complete such a substance abuse treatment
program.
(c) Preference for Community-Based Programs.--The court shall
order, to the greatest extent practicable, that substance abuse
treatment for an individual sentenced under subsection (a) shall be
provided in the locality in which the individual resides.
SEC. 204. DRUG DEPENDENCY PROGRAM.
(a) In General.--The Bureau of Prisons (referred to in this title
as the ``Bureau'') shall maintain a drug dependency program for
offenders sentenced to incarceration under this title. The program
shall consist of--
(1) residential substance abuse treatment; and
(2) aftercare services.
(b) Report.--The Bureau of Prisons shall transmit to the Congress
on January 1, 2002, and on January 1 of each year thereafter, a report.
Such report shall contain--
(1) a detailed quantitative and qualitative description of
each substance abuse treatment program, residential or not,
operated by the Bureau; and
(2) a complete statement of to what extent the Bureau has
achieved compliance with the requirements of this title.
SEC. 205. DEFINITIONS.
In this title--
(1) the term ``residential substance abuse treatment''
means a course of individual and group activities, lasting
between 9 and 12 months, in residential treatment programs--
(A) directed at the substance abuse problems of the
convicted person;
(B) intended to develop a person's cognitive,
behavioral, social, vocational, and other skills so as
to solve the convicted person's substance abuse and
related problems; and
(C) shall include--
(i) addiction education;
(ii) individual, group, and family
counseling pursuant to individualized treatment
plans;
(iii) opportunity for involvement in
Alcoholics Anonymous, Narcotics Anonymous, or
Cocaine Anonymous;
(iv) parenting skills training, domestic
violence counseling, and sexual abuse
counseling, where appropriate;
(v) HIV education counseling and testing,
when requested, and early intervention services
for seropositive individuals;
(vi) services that facilitate access to
health and social services, where appropriate
and to the extent available; and
(vii) planning for and counseling to assist
reentry into society, including referrals to
appropriate educational, vocational, and other
employment-related programs (to the extent
available), referrals to appropriate outpatient
or other drug or alcohol treatment, counseling,
transitional housing, and assistance in
obtaining suitable affordable housing and
employment upon completion of treatment (and
release from prison, if applicable);
(2) the term ``aftercare services'' means a course of
individual and group treatment for a minimum of one year or for
the remainder of the term of incarceration if less than one
year, involving sustained and frequent interaction with
individuals who have successfully completed a program of
residential substance abuse treatment, and shall include
consistent personal interaction between the individual and a
primary counselor or case manager, participation in group and
individual counseling sessions, social activities targeted
toward a recovering substance abuser, and, where appropriate,
more intensive intervention; and
(3) the term ``substance abuse or dependency'' means the
abuse of or dependency on drugs or alcohol.
SEC. 206. STUDY OF THE EFFECT OF MANDATORY MINIMUM SENTENCES FOR
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