Union Calendar No. 171

103D CONGRESS

1ST SESSION H. R. 3350

[Report No. 103–320]

A BILL

To establish a program of residential substance

abuse treatment within Federal prisons.

NOVEMBER 3, 1993

Reported with an amendment, committed to the Commitordered to be printed tee of the Whole House on the State of the Union, and
IB

Union Calendar No. 171

103D CONGRESS

1ST SESSION H. R. 3350

[Report No. 103–320]

To establish a program of residential substance abuse treatment within

Federal prisons.

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

NOVEMBER 3, 1993

Additional sponsor: Mr. HUGHES

NOVEMBER 3, 1993

Reported with an amendment, committed to the Committee of the Whole

House on the State of the Union, and ordered to be printed

[Strike out all after the enacting clause and insert the part printed in italic]

[For text of introduced bill, see copy of bill as introduced on October 26, 1993]

A BILL

To establish a program of residential substance abuse

treatment within Federal prisons.

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 SECTION 1. SUBSTANCE ABUSE TREATMENT IN FEDERAL

2 PRISONS.

3 Section 3621 of title 18, United States Code, is amend4 ed—

5 (1) in the last sentence of subsection (b), by

6 striking ‘‘, to the extent practicable,’’; and

7 (2) by adding at the end the following new sub8 section:

9 ‘‘(e) SUBSTANCE ABUSE TREATMENT.—

10 ‘‘(1) PHASE-IN.—In order to carry out the re11 quirement of the last sentence of subsection (b) of this

12 section, that every prisoner with a substance abuse

13 problem have the opportunity to participate in ap14 propriate substance abuse treatment, the Bureau of

15 Prisons shall provide substance abuse treatment—

16 ‘‘(A) for not less than 50 percent of eligible

17 prisoners by the end of fiscal year 1995, with

18 priority for such treatment accorded based on an

19 eligible prisoner’s proximity to release date;

20 ‘‘(B) for not less than 75 percent of eligible

21 prisoners by the end of fiscal year 1996, with

22 priority for such treatment accorded based on an

23 eligible prisoner’s proximity to release date; and

24 ‘‘(C) for all eligible prisoners by the end of

25 fiscal year 1997 and thereafter, with priority for
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1 such treatment accorded based on an eligible

2 prisoner’s proximity to release date.

3 ‘‘(2) INCENTIVE FOR PRISONERS’ SUCCESSFUL

4 COMPLETION OF TREATMENT PROGRAM.—

5 ‘‘(A) GENERALLY.—Any prisoner who, in

6 the judgment of the Director of the Bureau of

7 Prisons, has successfully completed a program of

8 residential substance abuse treatment provided

9 under paragraph (1) of this subsection, shall re10 main in the custody of the Bureau for such time

11 (as limited by subparagraph (B) of this para12 graph) and under such conditions, as the Bureau

13 deems appropriate. If the conditions of confine14 ment are different from those the prisoner would

15 have experienced absent the successful completion

16 of the treatment, the Bureau shall periodically

17 test the prisoner for substance abuse and dis18 continue such conditions on determining that

19 substance abuse has recurred.

20 ‘‘(B) PERIOD OF CUSTODY.—The period the

21 prisoner remains in custody after successfully

22 completing a treatment program shall not exceed

23 the prison term the law would otherwise require

24 such prisoner to serve, but may not be less than

25 such term minus one year.
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1 ‘‘(3) REPORT.—The Bureau of Prisons shall

2 transmit to the Committees on the Judiciary of the

3 Senate and the House of Representatives on January

4 1, 1995, and on January 1 of each year thereafter, a

5 report. Such report shall contain—

6 ‘‘(A) a detailed quantitative and qualitative

7 description of each substance abuse treatment

8 program, residential or not, operated by the Bu9 reau;

10 ‘‘(B) a full explanation of how eligibility

11 for such programs is determined, with complete

12 information on what proportion of prisoners

13 with substance abuse problems are eligible; and

14 ‘‘(C) a complete statement of to what extent

15 the Bureau has achieved compliance with the re16 quirements of this title.

17 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

18 There are authorized to be appropriated in each fiscal

19 year such sums as may be necessary to carry out this

20 subsection.

21 ‘‘(5) DEFINITIONS.—As used in this subsection—

22 ‘‘(A) the term ‘residential substance abuse

23 treatment’ means a course of individual and

24 group activities, lasting between 6 and 12
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1 months, in residential treatment facilities set

2 forth from the general prison population—

3 ‘‘(i) directed at the substance abuse

4 problems of the prisoner; and

5 ‘‘(ii) intended to develop the prisoner’s

6 cognitive, behavorial, social, vocational, and

7 other skills so as to solve the prisoner’s sub8 stance abuse and related problems; and

9 ‘‘(B) the term ‘eligible prisoner’ means a

10 prisoner who is—

11 ‘‘(i) determined by the Bureau of Pris12 ons to have a substance abuse problem; and

13 ‘‘(ii) willing to participate in a resi14 dential substance abuse treatment pro15 gram.’’.