II

107TH CONGRESS

1ST SESSION S. 146

To amend part S of title I of the Omnibus Crime Control and Safe Streets

Act of 1968 to permit the use of certain amounts for assistance to

jail-based substance treatment programs, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 23, 2001

Mr. LUGAR introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To amend part S of title I of the Omnibus Crime Control

and Safe Streets Act of 1968 to permit the use of

certain amounts for assistance to jail-based substance

treatment programs, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. JAIL-BASED SUBSTANCE ABUSE TREATMENT

4 PROGRAMS.

5 (a) USE OF RESIDENTIAL SUBSTANCE ABUSE

6 TREATMENT GRANTS TO PROVIDE AFTERCARE SERV7 ICES.—Section 1901 of part S of the Omnibus Crime Con-
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1 trol and Safe Streets Act of 1968 (42 U.S.C. 3796ff–1)

2 is amended by adding at the end the following:

3 ‘‘(f) USE OF GRANT AMOUNTS FOR NONRESIDEN4 TIAL AFTERCARE SERVICES.—A State may use amounts

5 received under this part to provide nonresidential sub6 stance abuse treatment aftercare services for inmates or

7 former inmates that meet the requirements of subsection

8 (c), if the chief executive officer of the State certifies to

9 the Attorney General that the State is providing, and will

10 continue to provide, an adequate level of residential treat11 ment services.’’.

12 (b) JAIL-BASED SUBSTANCE ABUSE TREATMENT.—

13 Part S of title I of the Omnibus Crime Control and Safe

14 Streets Act of 1968 (42 U.S.C. 3796ff et seq.) is amended

15 by adding at the end the following:

16 ‘‘SEC. 1906. JAIL-BASED SUBSTANCE ABUSE TREATMENT.

17 ‘‘(a) DEFINITIONS.—In this section:

18 ‘‘(1) JAIL-BASED SUBSTANCE ABUSE TREAT19 MENT PROGRAM.—The term ‘jail-based substance

20 abuse treatment program’ means a course of indi21 vidual and group activities, lasting for a period of

22 not less than 3 months, in an area of a correctional

23 facility set apart from the general population of the

24 correctional facility, if those activities are—
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1 ‘‘(A) directed at the substance abuse prob2 lems of prisoners; and

3 ‘‘(B) intended to develop the cognitive, be4 havioral, social, vocational, and other skills of

5 prisoners in order to address the substance

6 abuse and related problems of prisoners.

7 ‘‘(2) LOCAL CORRECTIONAL FACILITY.—The

8 term ‘local correctional facility’ means any correc9 tional facility operated by a unit of local govern10 ment.

11 ‘‘(b) AUTHORIZATION.—

12 ‘‘(1) IN GENERAL.—Not less than 10 percent of

13 the total amount made available to a State under

14 section 1904(a) for any fiscal year may be used by

15 the State to make grants to local correctional facili16 ties in the State for the purpose of assisting jail17 based substance abuse treatment programs estab18 lished by those local correctional facilities.

19 ‘‘(2) FEDERAL SHARE.—The Federal share of a

20 grant made by a State under this section to a local

21 correctional facility may not exceed 75 percent of

22 the total cost of the jail-based substance abuse treat23 ment program described in the application submitted

24 under subsection (c) for the fiscal year for which the

25 program receives assistance under this section.
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1 ‘‘(c) APPLICATIONS.—

2 ‘‘(1) IN GENERAL.—To be eligible to receive a

3 grant from a State under this section for a jail4 based substance abuse treatment program, the chief

5 executive of a local correctional facility shall submit

6 to the State, in such form and containing such infor7 mation as the State may reasonably require, an ap8 plication that meets the requirements of paragraph

9 (2).

10 ‘‘(2) APPLICATION REQUIREMENTS.—Each ap11 plication submitted under paragraph (1) shall

12 include—

13 ‘‘(A) with respect to the jail-based sub14 stance abuse treatment program for which as15 sistance is sought, a description of the program

16 and a written certification that—

17 ‘‘(i) the program has been in effect

18 for not less than 2 consecutive years before

19 the date on which the application is sub20 mitted; and

21 ‘‘(ii) the local correctional facility

22 will—

23 ‘‘(I) coordinate the design and

24 implementation of the program be25 tween local correctional facility rep-
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1 resentatives and the appropriate State

2 and local alcohol and substance abuse

3 agencies;

4 ‘‘(II) implement (or continue to

5 require) urinalysis or other proven re6 liable forms of substance abuse test7 ing of individuals participating in the

8 program, including the testing of indi9 viduals released from the jail-based

10 substance abuse treatment program

11 who remain in the custody of the local

12 correctional facility; and

13 ‘‘(III) carry out the program in

14 accordance with guidelines, which

15 shall be established by the State, in

16 order to guarantee each participant in

17 the program access to consistent, con18 tinual care if transferred to a dif19 ferent local correctional facility within

20 the State;

21 ‘‘(B) written assurances that Federal

22 funds received by the local correctional facility

23 from the State under this section will be used

24 to supplement, and not to supplant, non-Fed25 eral funds that would otherwise be available for
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1 jail-based substance abuse treatment programs

2 assisted with amounts made available to the

3 local correctional facility under this section; and

4 ‘‘(C) a description of the manner in which

5 amounts received by the local correctional facil6 ity from the State under this section will be co7 ordinated with Federal assistance for substance

8 abuse treatment and aftercare services provided

9 to the local correctional facility by the Sub10 stance Abuse and Mental Health Services Ad11 ministration of the Department of Health and

12 Human Services.

13 ‘‘(d) REVIEW OF APPLICATIONS.—

14 ‘‘(1) IN GENERAL.—Upon receipt of an applica15 tion under subsection (c), the State shall—

16 ‘‘(A) review the application to ensure that

17 the application, and the jail-based residential

18 substance abuse treatment program for which a

19 grant under this section is sought, meet the re20 quirements of this section; and

21 ‘‘(B) if the requirements of this section are

22 met, make an affirmative finding in writing

23 that the jail-based substance abuse treatment

24 program for which assistance is sought meets

25 the requirements of this section.
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1 ‘‘(2) APPROVAL.—Based on the review con2 ducted under paragraph (1), not later than 90 days

3 after the date on which an application is submitted

4 under subsection (c), the State shall—

5 ‘‘(A) approve the application, disapprove

6 the application, or request a continued evalua7 tion of the application for an additional period

8 of 90 days; and

9 ‘‘(B) notify the applicant of the action

10 taken under subparagraph (A) and, with re11 spect to any denial of an application under sub12 paragraph (A), afford the applicant an oppor13 tunity for reconsideration.

14 ‘‘(3) ELIGIBILITY FOR PREFERENCE WITH

15 AFTERCARE COMPONENT.—

16 ‘‘(A) IN GENERAL.—In making grants

17 under this section, a State shall give preference

18 to applications from local correctional facilities

19 that ensure that each participant in the jail20 based substance abuse treatment program for

21 which a grant under this section is sought, is

22 required to participate in an aftercare services

23 program that meets the requirements of sub24 paragraph (B), for a period of not less than 1

25 year following the earlier of—
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1 ‘‘(i) the date on which the participant

2 completes the jail-based substance abuse

3 treatment program; or

4 ‘‘(ii) the date on which the participant

5 is released from the correctional facility at

6 the end of the sentence of the participant

7 or is released on parole.

8 ‘‘(B) AFTERCARE SERVICES PROGRAM RE9 QUIREMENTS.—For purposes of subparagraph

10 (A), an aftercare services program meets the re11 quirements of this paragraph if the program—

12 ‘‘(i) in selecting individuals for par13 ticipation in the program, gives priority to

14 individuals who have completed a jail-based

15 substance abuse treatment program;

16 ‘‘(ii) requires each participant in the

17 program to submit to periodic substance

18 abuse testing; and

19 ‘‘(iii) involves the coordination be20 tween the jail-based substance abuse treat21 ment program and other human service

22 and rehabilitation programs that may as23 sist in the rehabilitation of program par24 ticipants, such as—
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1 ‘‘(I) educational and job training

2 programs;

3 ‘‘(II) parole supervision pro4 grams;

5 ‘‘(III) half-way house programs;

6 and

7 ‘‘(IV) participation in self-help

8 and peer group programs; and

9 ‘‘(iv) assists in placing jail-based sub10 stance abuse treatment program partici11 pants with appropriate community sub12 stance abuse treatment facilities upon re13 lease from the correctional facility at the

14 end of a sentence or on parole.

15 ‘‘(e) COORDINATION AND CONSULTATION.—

16 ‘‘(1) COORDINATION.—Each State that makes

17 1 or more grants under this section in any fiscal

18 year shall, to the maximum extent practicable, im19 plement a statewide communications network with

20 the capacity to track the participants in jail-based

21 substance abuse treatment programs established by

22 local correctional facilities in the State as those par23 ticipants move between local correctional facilities

24 within the State.
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1 ‘‘(2) CONSULTATION.—Each State described in

2 paragraph (1) shall consult with the Attorney Gen3 eral and the Secretary of Health and Human Serv4 ices to ensure that each jail-based substance abuse

5 treatment program assisted with a grant made by

6 the State under this section incorporates applicable

7 components of comprehensive approaches, including

8 relapse prevention and aftercare services.

9 ‘‘(f) USE OF GRANT AMOUNTS.—

10 ‘‘(1) IN GENERAL.—Each local correctional fa11 cility that receives a grant under this section shall

12 use the grant amount solely for the purpose of car13 rying out the jail-based substance abuse treatment

14 program described in the application submitted

15 under subsection (c).

16 ‘‘(2) ADMINISTRATION.—Each local correctional

17 facility that receives a grant under this section shall

18 carry out all activities relating to the administration

19 of the grant amount, including reviewing the manner

20 in which the amount is expended, processing, moni21 toring the progress of the program assisted, finan22 cial reporting, technical assistance, grant adjust23 ments, accounting, auditing, and fund disbursement.
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1 ‘‘(3) RESTRICTION.—A local correctional facil2 ity may not use any amount of a grant under this

3 section for land acquisition or a construction project.

4 ‘‘(g) REPORTING REQUIREMENT; PERFORMANCE RE5 VIEW.—

6 ‘‘(1) REPORTING REQUIREMENT.—Not later

7 than March 1 of each year, each local correctional

8 facility that receives a grant under this section shall

9 submit to the Attorney General, through the State,

10 a description and evaluation of the jail-based sub11 stance abuse treatment program carried out by the

12 local correctional facility with the grant amount, in

13 such form and containing such information as the

14 Attorney General may reasonably require.

15 ‘‘(2) PERFORMANCE REVIEW.—The Attorney

16 General shall conduct an annual review of each jail17 based substance abuse treatment program assisted

18 under this section, in order to verify the compliance

19 of local correctional facilities with the requirements

20 of this section.

21 ‘‘(h) NO EFFECT ON STATE ALLOCATION.—Nothing

22 in this section shall be construed to affect the allocation

23 of amounts to States under section 1904(a).’’.

24 (c) TECHNICAL AMENDMENT.—The table of contents

25 for title I of the Omnibus Crime Control and Safe Streets
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1 Act of 1968 (42 U.S.C. 3711 et seq.) is amended, in the

2 matter relating to part S, by adding at the end the fol3 lowing:

‘‘1906. Jail-based substance abuse treatment.’’.

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