Calendar No. 269

103D CONGRESS

1ST SESSION H. R. 3350

AN ACT

To establish a program of residential substance

abuse treatment within Federal prisons.

NOVEMBER 4 (legislative day, NOVEMBER 2), 1993

Received; read twice and placed on the calendar
II

Calendar No. 269

103D CONGRESS

1ST SESSION H. R. 3350

IN THE SENATE OF THE UNITED STATES

NOVEMBER 4 (legislative day, NOVEMBER 2), 1993

Received; read twice and placed on the calendar

AN ACT

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,

3 SECTION 1. SUBSTANCE ABUSE TREATMENT IN FEDERAL

4 PRISONS.

5 Section 3621 of title 18, United States Code, is

6 amended—

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

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

9 (2) by adding at the end the following new sub10 section:

11 ‘‘(e) SUBSTANCE ABUSE TREATMENT.—
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1 ‘‘(1) PHASE-IN.—In order to carry out the re2 quirement of the last sentence of subsection (b) of

3 this section, that every prisoner with a substance

4 abuse problem have the opportunity to participate in

5 appropriate substance abuse treatment, the Bureau

6 of Prisons shall provide substance abuse treat7 ment—

8 ‘‘(A) for not less than 50 percent of eligi9 ble prisoners by the end of fiscal year 1995,

10 with priority for such treatment accorded based

11 on an eligible prisoner’s proximity to release

12 date;

13 ‘‘(B) for not less than 75 percent of eligi14 ble prisoners by the end of fiscal year 1996,

15 with priority for such treatment accorded based

16 on an eligible prisoner’s proximity to release

17 date; and

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

19 fiscal year 1997 and thereafter, with priority

20 for such treatment accorded based on an eligi21 ble prisoner’s proximity to release date.

22 ‘‘(2) INCENTIVE FOR PRISONERS’ SUCCESSFUL

23 COMPLETION OF TREATMENT PROGRAM.—

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

25 the judgment of the Director of the Bureau of
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1 Prisons, has successfully completed a program

2 of residential substance abuse treatment pro3 vide under paragraph (1) of this subsection,

4 shall remain in the custody of the Bureau for

5 such time (as limited by subparagraph (B) of

6 this paragraph) and under such conditions, as

7 the Bureau deems appropriate. If the conditions

8 of confinement are different from those the

9 prisoner would have experienced absent the suc10 cessful completion of the treatment, the Bureau

11 shall periodically test the prisoner for substance

12 abuse and discontinue such conditions on deter13 mining that substance abuse has recurred.

14 ‘‘(B) PERIOD OF CUSTODY.—The period

15 the prisoner remains in custody after success16 fully completing a treatment program shall not

17 exceed the prison term the law would otherwise

18 require such prisoner to serve, but may not be

19 less than such term minus one year.

20 ‘‘(3) REPORT.—The Bureau of Prisons shall

21 transmit to the Committees on the Judiciary of the

22 Senate and the House of Representatives on Janu23 ary 1, 1995, and on January 1 of each year there24 after, a report. Such report shall contain—
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1 ‘‘(A) a detailed quantitative and qualitative

2 description of each substance abuse treatment

3 program, residential or not, operated by the

4 Bureau;

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

6 for such programs is determined, with complete

7 information on what proportion of prisoners

8 with substance abuse problems are eligible, and

9 ‘‘(C) a complete statement of to what ex10 tent the Bureau has achieved compliance with

11 the requirements of this title.

12 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

13 There are authorized to be appropriated in each fis14 cal year such sums as may be necessary to carry out

15 this subsection.

16 ‘‘(5) DEFINITIONS.—As used in this sub17 section—

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

19 treatment’ means a course of individual and

20 group activities, lasting between 6 and 12

21 months, in residential treatment facilities set

22 forth from the general prison population—

23 ‘‘(i) directed at the substance abuse

24 problems of the prisoner; and
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1 ‘‘(ii) intended to develop the pris2 oner’s cognitive, behavorial, social, voca3 tional, and other skills so as to solve the

4 prisoner’s substance abuse and related

5 problems; and

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

7 prisoner who is—

8 ‘‘(i) determined by the Bureau of

9 Prisons to have a substance abuse prob10 lem; and

11 ‘‘(ii) willing to participate in a resi12 dential substance abuse treatment pro13 gram.’’.

Passed the House of Representatives November 3,

1993.

Attest: DONNALD K. ANDERSON,

Clerk.