I

103D CONGRESS

1ST SESSION H. R. 3350

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

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,

3 SEC. 101. SUBSTANCE ABUSE TREATMENT IN FEDERAL

4 PRISONS.

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

6 amended—

7 (a) in the second sentence of subsection (b), by

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

9 (b) by adding at the end the following new sub10 section:
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1 ‘‘(e) SUBSTANCE ABUSE TREATMENT.—

2 ‘‘(1) PHASE-IN.—In order to carry out the re3 quirement of the last sentence of subsection (b) of

4 this section, that every prisoner with a substance

5 abuse problem have the opportunity to participate in

6 appropriate substance abuse treatment, the Bureau

7 of Prisons shall provide substance abuse treat8 ment—

9 ‘‘(A) for not less than 50 percent of eligi10 ble prisoners by the end of fiscal year 1995;

11 ‘‘(B) for not less than 75 percent of eligi12 ble prisoners by the end of fiscal year 1996;

13 and

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

15 fiscal year 1997 and thereafter.

16 ‘‘(2) INCENTIVE FOR PRISONERS’ SUCCESSFUL

17 COMPLETION OF TREATMENT PROGRAM.—

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

19 the judgment of the Director of the Bureau of

20 Prisons, has successfully completed a program

21 of residential substance abuse treatment pro22 vide under subsection (e)(1) of this section,

23 shall remain in the custody of the Bureau for

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

25 this paragraph) and under such conditions, as
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1 the Bureau deems appropriate. If the conditions

2 of confinement are different from those the

3 prisoner would have experienced absent the suc4 cessful completion of the treatment, the Bureau

5 shall periodically test the prisoner for drug

6 abuse and discontinue such conditions on deter7 mining that drug abuse has recurred.

8 ‘‘(B) PERIOD OF CUSTODY.—The period

9 the prisoner remains in custody after success10 fully completing a treatment program shall not

11 exceed the prison term the law would otherwise

12 require such prisoner to serve, but may not be

13 less than such term minus one year.

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

15 transmit to the Committees on the Judiciary of the

16 Senate and the House of Representatives on Janu17 ary 1, 1995, and on January 1 of each year there18 after, a report. Such report shall contain—

19 ‘‘(A) a detailed quantitative and qualitative

20 description of each substance abuse treatment

21 program, residential or not, operated by the

22 Bureau;

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

24 for such programs is determined, with complete
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1 information on what proportion of prisoners

2 with substance abuse problems are eligible, and

3 ‘‘(C) a complete statement of to what ex4 tent the Bureau has achieved compliance with

5 the requirements of this title.

6 ‘‘(4) AUTHORIZATION OF APPROPRIATIONS.—

7 There are authorized to be appropriated in each fis8 cal year such sums as may be necessary to carry out

9 this section.

10 ‘‘(5) DEFINITIONS.—As used in this sub11 section—

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

13 treatment’ means a course of individual and

14 group activities, lasting between 9 and 12

15 months, in residential treatment facilities set

16 forth from the general prison population—

17 ‘‘(i) directed at the substance abuse

18 problems of the prisoner; and

19 ‘‘(ii) intended to develop the pris20 oner’s cognitive, behavorial, social, voca21 tional, and other skills so as to solve the

22 prisoner’s substance abuse and related

23 problems; and

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

25 prisoner who is—
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1 ‘‘(i) determined by the Bureau of

2 Prisons to have a substance abuse prob3 lem; and

4 ‘‘(ii) willing to participate in a resi5 dential substance abuse treatment pro6 gram.’’.

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