II

106TH CONGRESS

1ST SESSION S. 295

To amend part S of title I of the Omnibus Crime Control and Safe Streets

Act of 1968 to permit the use of certain amounts for assistance to

jail-based substance treatment programs, and for other purposes.

IN THE SENATE OF THE UNITED STATES

JANUARY 22, 1999

Mr. LUGAR introduced the following bill; which was read twice and referred

to the Committee on the Judiciary

A BILL

To amend part S of title I of the Omnibus Crime Control

and Safe Streets Act of 1968 to permit the use of

certain amounts for assistance to jail-based substance

treatment programs, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. JAIL-BASED SUBSTANCE ABUSE TREATMENT

4 PROGRAMS.

5 (a) IN GENERAL.—Part S of title I of the Omnibus

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

7 3796ff et seq.) is amended by adding at the end the follow8 ing:
2

•S 295 IS

1 ‘‘SEC. 1906. JAIL-BASED SUBSTANCE ABUSE TREATMENT.

2 ‘‘(a) DEFINITIONS.—In this section—

3 ‘‘(1) the term ‘jail-based substance abuse treat4 ment program’ means a course of individual and

5 group activities, lasting for a period of not less than

6 3 months, in an area of a correctional facility set

7 apart from the general population of the correctional

8 facility, if those activities are—

9 ‘‘(A) directed at the substance abuse prob10 lems of prisoners; and

11 ‘‘(B) intended to develop the cognitive, be12 havioral, social, vocational, and other skills of

13 prisoners in order to address the substance

14 abuse and related problems of prisoners; and

15 ‘‘(2) the term ‘local correctional facility’ means

16 any correctional facility operated by a unit of local

17 government.

18 ‘‘(b) AUTHORIZATION.—

19 ‘‘(1) IN GENERAL.—Not less than 10 percent of

20 the total amount made available to a State under

21 section 1904(a) for any fiscal year may be used by

22 the State to make grants to local correctional facili23 ties in the State for the purpose of assisting jail24 based substance abuse treatment programs estab25 lished by those local correctional facilities.
3

•S 295 IS

1 ‘‘(2) FEDERAL SHARE.—The Federal share of a

2 grant made by a State under this section to a local

3 correctional facility may not exceed 75 percent of

4 the total cost of the jail-based substance abuse treat5 ment program described in the application submitted

6 under subsection (c) for the fiscal year for which the

7 program receives assistance under this section.

8 ‘‘(c) APPLICATIONS.—

9 ‘‘(1) IN GENERAL.—To be eligible to receive a

10 grant from a State under this section for a jail11 based substance abuse treatment program, the chief

12 executive of a local correctional facility shall submit

13 to the State, in such form and containing such infor14 mation as the State may reasonably require, an ap15 plication that meets the requirements of paragraph

16 (2).

17 ‘‘(2) APPLICATION REQUIREMENTS.—Each ap18 plication submitted under paragraph (1) shall

19 include—

20 ‘‘(A) with respect to the jail-based sub21 stance abuse treatment program for which as22 sistance is sought, a description of the program

23 and a written certification that—

24 ‘‘(i) the program has been in effect

25 for not less than 2 consecutive years before
4

•S 295 IS

1 the date on which the application is sub2 mitted; and

3 ‘‘(ii) the local correctional facility

4 will—

5 ‘‘(I) coordinate the design and

6 implementation of the program be7 tween local correctional facility rep8 resentatives and the appropriate State

9 and local alcohol and substance abuse

10 agencies;

11 ‘‘(II) implement (or continue to

12 require) urinalysis or other proven re13 liable forms of substance abuse test14 ing of individuals participating in the

15 program, including the testing of indi16 viduals released from the jail-based

17 substance abuse treatment program

18 who remain in the custody of the local

19 correctional facility; and

20 ‘‘(III) carry out the program in

21 accordance with guidelines, which

22 shall be established by the State, in

23 order to guarantee each participant in

24 the program access to consistent, con25 tinual care if transferred to a dif-
5

•S 295 IS

1 ferent local correctional facility within

2 the State;

3 ‘‘(B) written assurances that Federal

4 funds received by the local correctional facility

5 from the State under this section will be used

6 to supplement, and not to supplant, non-Fed7 eral funds that would otherwise be available for

8 jail-based substance abuse treatment programs

9 assisted with amounts made available to the

10 local correctional facility under this section; and

11 ‘‘(C) a description of the manner in which

12 amounts received by the local correctional facil13 ity from the State under this section will be co14 ordinated with Federal assistance for substance

15 abuse treatment and aftercare services provided

16 to the local correctional facility by the Sub17 stance Abuse and Mental Health Services Ad18 ministration of the Department of Health and

19 Human Services.

20 ‘‘(d) REVIEW OF APPLICATIONS.—

21 ‘‘(1) IN GENERAL.—Upon receipt of an applica22 tion under subsection (c), the State shall—

23 ‘‘(A) review the application to ensure that

24 the application, and the jail-based residential

25 substance abuse treatment program for which a
6

•S 295 IS

1 grant under this section is sought, meet the re2 quirements of this section; and

3 ‘‘(B) if so, make an affirmative finding in

4 writing that the jail-based substance abuse

5 treatment program for which assistance is

6 sought meets the requirements of this section.

7 ‘‘(2) APPROVAL.—Based on the review con8 ducted under paragraph (1), not later than 90 days

9 after the date on which an application is submitted

10 under subsection (c), the State shall—

11 ‘‘(A) approve the application, disapprove

12 the application, or request a continued evalua13 tion of the application for an additional period

14 of 90 days; and

15 ‘‘(B) notify the applicant of the action

16 taken under subparagraph (A) and, with re17 spect to any denial of an application under sub18 paragraph (A), afford the applicant an oppor19 tunity for reconsideration.

20 ‘‘(3) ELIGIBILITY FOR PREFERENCE WITH

21 AFTERCARE COMPONENT.—

22 ‘‘(A) IN GENERAL.—In making grants

23 under this section, a State shall give preference

24 to applications from local correctional facilities

25 that ensure that each participant in the jail-
7

•S 295 IS

1 based substance abuse treatment program for

2 which a grant under this section is sought, is

3 required to participate in an aftercare services

4 program that meets the requirements of sub5 paragraph (B), for a period of not less than 1

6 year following the earlier of—

7 ‘‘(i) the date on which the participant

8 completes the jail-based substance abuse

9 treatment program; or

10 ‘‘(ii) the date on which the participant

11 is released from the correctional facility at

12 the end of the participant’s sentence or is

13 released on parole.

14 ‘‘(B) AFTERCARE SERVICES PROGRAM RE15 QUIREMENTS.—For purposes of subparagraph

16 (A), an aftercare services program meets the re17 quirements of this paragraph if the program—

18 ‘‘(i) in selecting individuals for par19 ticipation in the program, gives priority to

20 individuals who have completed a jail-based

21 substance abuse treatment program;

22 ‘‘(ii) requires each participant in the

23 program to submit to periodic substance

24 abuse testing; and
8

•S 295 IS

1 ‘‘(iii) involves the coordination be2 tween the jail-based substance abuse treat3 ment program and other human service

4 and rehabilitation programs that may as5 sist in the rehabilitation of program par6 ticipants, such as—

7 ‘‘(I) educational and job training

8 programs;

9 ‘‘(II) parole supervision pro10 grams;

11 ‘‘(III) half-way house programs;

12 and

13 ‘‘(IV) participation in self-help

14 and peer group programs; and

15 ‘‘(iv) assists in placing jail-based sub16 stance abuse treatment program partici17 pants with appropriate community sub18 stance abuse treatment facilities upon re19 lease from the correctional facility at the

20 end of a sentence or on parole.

21 ‘‘(e) COORDINATION AND CONSULTATION.—

22 ‘‘(1) COORDINATION.—Each State that makes

23 1 or more grants under this section in any fiscal

24 year shall, to the maximum extent practicable, im25 plement a statewide communications network with
9

•S 295 IS

1 the capacity to track the participants in jail-based

2 substance abuse treatment programs established by

3 local correctional facilities in the State as those par4 ticipants move between local correctional facilities

5 within the State.

6 ‘‘(2) CONSULTATION.—Each State described in

7 paragraph (1) shall consult with the Attorney Gen8 eral and the Secretary of Health and Human Serv9 ices to ensure that each jail-based substance abuse

10 treatment program assisted with a grant made by

11 the State under this section incorporates applicable

12 components of comprehensive approaches, including

13 relapse prevention and aftercare services.

14 ‘‘(f) USE OF GRANT AMOUNTS.—

15 ‘‘(1) IN GENERAL.—Each local correctional fa16 cility that receives a grant under this section shall

17 use the grant amount solely for the purpose of car18 rying out the jail-based substance abuse treatment

19 program described in the application submitted

20 under subsection (c).

21 ‘‘(2) ADMINISTRATION.—Each local correctional

22 facility that receives a grant under this section shall

23 carry out all activities relating to the administration

24 of the grant amount, including reviewing the manner

25 in which the amount is expended, processing, mon-
10

•S 295 IS

1 itoring the progress of the program assisted, finan2 cial reporting, technical assistance, grant adjust3 ments, accounting, auditing, and fund disbursement.

4 ‘‘(3) RESTRICTION.—A local correctional facil5 ity may not use any amount of a grant under this

6 section for land acquisition or a construction project.

7 ‘‘(g) REPORTING REQUIREMENT; PERFORMANCE RE8 VIEW.—

9 ‘‘(1) REPORTING REQUIREMENT.—Not later

10 than March 1 of each year, each local correctional

11 facility that receives a grant under this section shall

12 submit to the Attorney General, through the State,

13 a description and evaluation of the jail-based sub14 stance abuse treatment program carried out by the

15 local correctional facility with the grant amount, in

16 such form and containing such information as the

17 Attorney General may reasonably require.

18 ‘‘(2) PERFORMANCE REVIEW.—The Attorney

19 General shall conduct an annual review of each jail20 based substance abuse treatment program assisted

21 under this section, in order to verify the compliance

22 of local correctional facilities with the requirements

23 of this section.
11

•S 295 IS

1 ‘‘(h) NO EFFECT ON STATE ALLOCATION.—Nothing

2 in this section shall be construed to affect the allocation

3 of amounts to States under section 1904(a).’’.

4 (b) TECHNICAL AMENDMENT.—The table of contents

5 for title I of the Omnibus Crime Control and Safe Streets

6 Act of 1968 (42 U.S.C. 3711 et seq.) is amended, in the

7 matter relating to part S, by adding at the end the follow8 ing:

‘‘1906. Jail-based substance abuse treatment.’’.

Æ