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106th CONGRESS
2d Session
H. R. 5608
To establish alternative sentencing procedures for certain nonviolent
drug offenses.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
October 31, 2000
Mr. Conyers introduced the following bill; which was referred to the
Committee on the Judiciary
_______________________________________________________________________
A BILL
To establish alternative sentencing procedures for certain nonviolent
drug offenses.
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 ``Federal Drug Treatment Alternative
Sentencing Act of 2000''.
SEC. 2. ESTABLISHMENT.
Notwithstanding any other provision of law, 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 rehabilitation program as described under this Act.
SEC. 3. PROBATION PROGRAMS.
(a) Generally.--If the court orders probation pursuant to section
2, 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) Victim-offender reconciliation.
(7) Intermittent confinement.
(8) Treatment in a 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. 4. REHABILITATION PROGRAM.
(a) In General.--The Bureau of Prisons (hereinafter in this Act
referred to as the ``Bureau'') shall maintain a rehabilitation program
for offenders sentenced to incarceration under this Act. 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 Act.
SEC. 5. DEFINITIONS.
As used in this Act--
(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 drugs or alcohol.
SEC. 6. STUDY OF THE EFFECT OF MANDATORY MINIMUM SENTENCES FOR
NONVIOLENT CONTROLLED SUBSTANCE OFFENSES.
The Attorney General shall within 1 year after the enactment of
this Act to the Committees on the Judiciary of the House of
Representatives and Senate issue a report on the racial impact of
mandatory minimum sentences for controlled substance offenses, their
effectiveness in reducing drug-related crime by nonviolent offenders in
contrast with other approaches such as drug treatment programs, and the
appropriateness of the use of such sentences on nonviolent offenders.
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