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103D CONGRESS

1ST SESSION H. R. 3354

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to

allow grants for the purpose of developing and implementing residential

substance abuse treatment programs within State correctional facilities,

as well as within local correctional facilities in which inmates are incarcerated for a period of time sufficient to permit substance abuse treatment.

IN THE HOUSE OF REPRESENTATIVES

OCTOBER 26, 1993

Mr. BROOKS (for himself and Mr. SCHUMER) introduced the following bill;

which was referred to the Committee on the Judiciary

A BILL

To amend the Omnibus Crime Control and Safe Streets

Act of 1968 to allow grants for the purpose of developing

and implementing residential substance abuse treatment

programs within State correctional facilities, as well as

within local correctional facilities in which inmates are

incarcerated for a period of time sufficient to permit

substance abuse treatment.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,
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1 SEC. 101. RESIDENTIAL SUBSTANCE ABUSE TREATMENT

2 FOR STATE PRISONERS.

3 (a) RESIDENTIAL SUBSTANCE ABUSE TREATMENT

4 FOR PRISONERS.—Title I of the Omnibus Crime Control

5 and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.),

6 is amended—

7 (1) by redesignating part W as part X;

8 (2) by redesignating section 2301 as section

9 2401; and

10 (3) by inserting after part V the following:

11 ‘‘PART W—RESIDENTIAL SUBSTANCE ABUSE

12 TREATMENT FOR STATE PRISONERS

13 ‘‘SEC. 2301. GRANT AUTHORIZATION.

14 ‘‘The Director of the Bureau of Justice Assistance

15 (referred to in this part as the ‘Director’) may make

16 grants under this part to States, for the use by States

17 and units of local government for the purpose of develop18 ing and implementing residential substance abuse treat19 ment programs within State correctional facilities, as well

20 as within local correctional facilities in which inmates are

21 incarcerated for a period of time sufficient to permit sub22 stance abuse treatment.

23 ‘‘SEC. 2302. STATE APPLICATIONS.

24 ‘‘(a) IN GENERAL.—(1) To request a grant under

25 this part the chief executive of a State shall submit an
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1 application to the Director in such form and containing

2 such information as the Director may reasonably require.

3 ‘‘(2) Such application shall include assurances that

4 Federal funds received under this part shall be used to

5 supplement, not supplant, non-Federal funds that would

6 otherwise be available for activities funded under this part.

7 ‘‘(3) Such application shall coordinate the design and

8 implementation of treatment programs between State cor9 rectional representatives and the State Alcohol and Drug

10 Abuse agency (and, if appropriate, between representa11 tives of local correctional agencies and representatives of

12 either the State alcohol and drug abuse agency or any ap13 propriate local alcohol and drug abuse agency).

14 ‘‘(b) DRUG TESTING REQUIREMENT.—To be eligible

15 to receive funds under this part, a State must agree to

16 implement or continue to require urinalysis or similar test17 ing of individuals in correctional residential substance

18 abuse treatment programs. Such testing shall include indi19 viduals released from residential substance abuse treat20 ment programs who remain in the custody of the State.

21 ‘‘(c) ELIGIBILITY FOR PREFERENCE WITH AFTER

22 CARE COMPONENT.—

23 ‘‘(1) To be eligible for a preference under this

24 part, a State must ensure that individuals who par25 ticipate in the drug treatment program established
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1 or implemented with assistance provided under this

2 part will be provided with aftercare services.

3 ‘‘(2) State aftercare services must involve the

4 coordination of the prison treatment program with

5 other human service and rehabilitation programs,

6 such as educational and job training programs, pa7 role supervision programs, half-way house programs,

8 and participation in self-help and peer group pro9 grams, that may aid in the rehabilitation of individ10 uals in the drug treatment program.

11 ‘‘(3) To qualify as an aftercare program, the

12 head of the drug treatment program, in conjunction

13 with State and local authorities and organizations

14 involved in drug treatment, shall assist in placement

15 of drug treatment program participants with appro16 priate community drug treatment facilities when

17 such individuals leave prison at the end of a sen18 tence or on parole.

19 ‘‘(d) STATE OFFICE.—The Office designated under

20 section 507 of title I of the Omnibus Crime Control and

21 Safe Streets Act of 1968 (42 U.S.C. 3757)—

22 ‘‘(1) shall prepare the application as required

23 under section 2302, and

24 ‘‘(2) shall administer grant funds received

25 under this part, including review of spending, proc-
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1 essing, progress, financial reporting, technical assist2 ance, grant adjustments, accounting, auditing, and

3 fund disbursement.

4 ‘‘SEC. 2303. REVIEW OF STATE APPLICATIONS.

5 ‘‘(a) IN GENERAL.—The Director shall make a grant

6 under section 2301 to carry out the projects described in

7 the application submitted under section 2302 upon deter8 mining that—

9 ‘‘(1) the application is consistent with the re10 quirements of this part; and

11 ‘‘(2) before the approval of the application the

12 Director has made an affirmative finding in writing

13 that the proposed project has been reviewed in ac14 cordance with this part.

15 ‘‘(b) APPROVAL.—Each application submitted under

16 section 2302 shall be considered approved, in whole or in

17 part, by the Director not later than 45 days after first

18 received unless the Director informs the applicant of spe19 cific reasons for disapproval.

20 ‘‘(c) RESTRICTION.—Grant funds received under this

21 part shall not be used for land acquisition or construction

22 projects.

23 ‘‘(d) DISAPPROVAL NOTICE AND RECONSIDER24 ATION.—The Director shall not disapprove any application
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1 without first affording the applicant reasonable notice and

2 an opportunity for reconsideration.

3 ‘‘SEC. 2304. ALLOCATION AND DISTRIBUTION OF FUNDS.

4 ‘‘(a) ALLOCATION.—Of the total amount appro5 priated under this part in any fiscal year—

6 ‘‘(1) 0.4 percent shall be allocated to each of

7 the participating States; and

8 ‘‘(2) of the total funds remaining after the allo9 cation under paragraph (1), there shall be allocated

10 to each of the participating States an amount which

11 bears the same ratio to the amount of remaining

12 funds described in this paragraph as the State pris13 on population of such State bears to the total prison

14 population of all the participating States.

15 ‘‘(b) FEDERAL SHARE.—The Federal share of a

16 grant made under this part may not exceed 75 percent

17 of the total costs of the projects described in the applica18 tion submitted under section 2302 for the fiscal year for

19 which the projects receive assistance under this part.

20 ‘‘SEC. 2305. EVALUATION.

21 ‘‘Each State that receives a grant under this part

22 shall submit to the Director an evaluation not later than

23 March 1 of each year in such form and containing such

24 information as the Director may reasonably require.’’.
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1 (b) CONFORMING AMENDMENT.—The table of con2 tents of title I of the Omnibus Crime Control and Safe

3 Streets Act of 1968 (42 U.S.C. 3711 et seq.), is amended

4 by striking the matter relating to part W and inserting

5 the following:

‘‘PART W—RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS

‘‘Sec. 2301. Grant authorization.

‘‘Sec. 2302. State applications.

‘‘Sec. 2303. Review of State applications.

‘‘Sec. 2304. Allocation and distribution of funds.

‘‘Sec. 2305. Evaluation.

‘‘PART X—TRANSITION; EFFECTIVE DATE; REPEALER

‘‘Sec. 2401. Continuation of rules, authorities, and proceedings.’’.

6 (c) DEFINITIONS.—Section 901(a) of the Omnibus

7 Crime Control and Safe Streets Act of 1968 (42 U.S.C.

8 3791(a)) is amended by adding after paragraph (25) the

9 following:

10 ‘‘(26) The term ‘residential substance abuse

11 treatment program’ means a course of individual

12 and group activities, lasting between 9 and 12

13 months, in residential treatment facilities set apart

14 from the general prison population—

15 ‘‘(A) directed at the substance abuse prob16 lems of the prisoner; and

17 ‘‘(B) intended to develop the prisoner’s

18 cognitive, behavioral, social, vocational, and

19 other skills so as to solve the prisoner’s sub20 stance abuse and related problems.’’.
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1 (d) AUTHORIZATION OF APPROPRIATIONS.—Section

2 1001(a) of title I of the Omnibus Crime Control and Safe

3 Streets Act of 1968 (42 U.S.C. 3793), is amended by add4 ing after paragraph (16) the following:

5 ‘‘(17) There are authorized to be appropriated

6 $100,000,000 for each of the fiscal years 1994, 1995, and

7 1996 to carry out the projects under part W.’’.

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