103D CONGRESS

1ST SESSION H. R. 3350

AN ACT

To establish a program of residential substance

abuse treatment within Federal prisons.

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103D CONGRESS

1ST SESSION H. R. 3350

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.—

12 ‘‘(1) PHASE-IN.—In order to carry out the re13 quirement of the last sentence of subsection (b) of

14 this section, that every prisoner with a substance

15 abuse problem have the opportunity to participate in

16 appropriate substance abuse treatment, the Bureau

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1 of Prisons shall provide substance abuse

2 treatment—

3 ‘‘(A) for not less than 50 percent of eligi4 ble prisoners by the end of fiscal year 1995,

5 with priority for such treatment accorded based

6 on an eligible prisoner’s proximity to release

7 date;

8 ‘‘(B) for not less than 75 percent of eligi9 ble prisoners by the end of fiscal year 1996,

10 with priority for such treatment accorded based

11 on an eligible prisoner’s proximity to release

12 date; and

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

14 fiscal year 1997 and thereafter, with priority

15 for such treatment accorded based on an eligi16 ble prisoner’s proximity to release date.

17 ‘‘(2) INCENTIVE FOR PRISONERS’ SUCCESSFUL

18 COMPLETION OF TREATMENT PROGRAM.—

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

20 the judgment of the Director of the Bureau of

21 Prisons, has successfully completed a program

22 of residential substance abuse treatment pro23 vide under paragraph (1) of this subsection,

24 shall remain in the custody of the Bureau for

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

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1 this paragraph) and under such conditions, as

2 the Bureau deems appropriate. If the conditions

3 of confinement are different from those the

4 prisoner would have experienced absent the suc5 cessful completion of the treatment, the Bureau

6 shall periodically test the prisoner for substance

7 abuse and discontinue such conditions on deter8 mining that substance abuse has recurred.

9 ‘‘(B) PERIOD OF CUSTODY.—The period

10 the prisoner remains in custody after success11 fully completing a treatment program shall not

12 exceed the prison term the law would otherwise

13 require such prisoner to serve, but may not be

14 less than such term minus one year.

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

16 transmit to the Committees on the Judiciary of the

17 Senate and the House of Representatives on Janu18 ary 1, 1995, and on January 1 of each year there19 after, a report. Such report shall contain—

20 ‘‘(A) a detailed quantitative and qualitative

21 description of each substance abuse treatment

22 program, residential or not, operated by the

23 Bureau;

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

25 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 subsection.

10 ‘‘(5) DEFINITIONS.—As used in this

11 subsection—

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

13 treatment’ means a course of individual and

14 group activities, lasting between 6 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.’’.

Passed the House of Representatives November 3,

1993.

Attest:

Clerk.

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