II

106TH CONGRESS

2D SESSION S. 3124

To establish grants for drug treatment alternative to prison programs

administered by State or local prosecutors.

IN THE SENATE OF THE UNITED STATES

SEPTEMBER 27 (legislative day, SEPTEMBER 22), 2000

Mr. SCHUMER (for himself and Mr. THURMOND) introduced the following bill;

which was read twice and referred to the Committee on the Judiciary

A BILL

To establish grants for drug treatment alternative to prison

programs administered by State or local prosecutors.

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

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Prosecution Drug

5 Treatment Alternative to Prison Act of 2000’’.

6 SEC. 2. DRUG TREATMENT ALTERNATIVE TO PRISON PRO7 GRAMS ADMINISTERED BY STATE OR LOCAL

8 PROSECUTORS.

9 (a) PROSECUTION DRUG TREATMENT ALTERNATIVE

10 TO PRISON PROGRAMS.—Title I of the Omnibus Crime
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1 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

2 et seq.) is amended by adding at the end the following

3 new part:

4 ‘‘PART AA—PROSECUTION DRUG TREATMENT

5 ALTERNATIVE TO PRISON PROGRAMS

6 ‘‘SEC. 2701. PROGRAM AUTHORIZED.

7 ‘‘(a) IN GENERAL.—The Attorney General may make

8 grants to State or local prosecutors for the purpose of de9 veloping, implementing, or expanding drug treatment al10 ternative to prison programs that comply with the require11 ments of this part.

12 ‘‘(b) USE OF FUNDS.—A State or local prosecutor

13 who receives a grant under this part shall use amounts

14 provided under the grant to develop, implement, or expand

15 the drug treatment alternative to prison program for

16 which the grant was made, which may include payment

17 of the following expenses:

18 ‘‘(1) Salaries, personnel costs, equipment costs,

19 and other costs directly related to the operation of

20 the program, including the enforcement unit.

21 ‘‘(2) Payments to licensed substance abuse

22 treatment providers for providing treatment to of23 fenders participating in the program for which the

24 grant was made, including aftercare supervision, vo25 cational training, education, and job placement.
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1 ‘‘(3) Payments to public and nonprofit private

2 entities for providing treatment to offenders partici3 pating in the program for which the grant was

4 made.

5 ‘‘(c) FEDERAL SHARE.—The Federal share of a

6 grant under this part shall not exceed 75 percent of the

7 cost of the program.

8 ‘‘(d) SUPPLEMENT AND NOT SUPPLANT.—Grant

9 amounts received under this part shall be used to supple10 ment, and not supplant, non-Federal funds that would

11 otherwise be available for activities funded under this part.

12 ‘‘SEC. 2702. PROGRAM REQUIREMENTS.

13 ‘‘A drug treatment alternative to prison program with

14 respect to which a grant is made under this part shall

15 comply with the following requirements:

16 ‘‘(1) A State or local prosecutor shall admin17 ister the program.

18 ‘‘(2) An eligible offender may participate in the

19 program only with the consent of the State or local

20 prosecutor.

21 ‘‘(3) Each eligible offender who participates in

22 the program shall, as an alternative to incarceration,

23 be sentenced to or placed with a long term, drug

24 free residential substance abuse treatment provider

25 that is licensed under State or local law.
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1 ‘‘(4) Each eligible offender who participates in

2 the program shall serve a sentence of imprisonment

3 with respect to the underlying crime if that offender

4 does not successfully complete treatment with the

5 residential substance abuse provider.

6 ‘‘(5) Each residential substance abuse provider

7 treating an offender under the program shall—

8 ‘‘(A) make periodic reports of the progress

9 of treatment of that offender to the State or

10 local prosecutor carrying out the program and

11 to the appropriate court in which the defendant

12 was convicted; and

13 ‘‘(B) notify that prosecutor and that court

14 if that offender absconds from the facility of

15 the treatment provider or otherwise violates the

16 terms and conditions of the program.

17 ‘‘(6) The program shall have an enforcement

18 unit comprised of law enforcement officers under the

19 supervision of the State or local prosecutor carrying

20 out the program, the duties of which shall include

21 verifying an offender’s addresses and other contacts,

22 and, if necessary, locating, apprehending, and ar23 resting an offender who has absconded from the fa24 cility of a residential substance abuse treatment pro25 vider or otherwise violated the terms and conditions
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1 of the program, and returning such offender to court

2 for sentence on the underlying crime.

3 ‘‘SEC. 2703. APPLICATIONS.

4 ‘‘(a) IN GENERAL.—To request a grant under this

5 part, a State or local prosecutor shall submit an applica6 tion to the Attorney General in such form and containing

7 such information as the Attorney General may reasonably

8 require.

9 ‘‘(b) CERTIFICATIONS.—Each such application shall

10 contain the certification of the State or local prosecutor

11 that the program for which the grant is requested shall

12 meet each of the requirements of this part.

13 ‘‘SEC. 2704. GEOGRAPHIC DISTRIBUTION.

14 ‘‘The Attorney General shall ensure that, to the ex15 tent practicable, the distribution of grant awards is equi16 table and includes State or local prosecutors—

17 ‘‘(1) in each State; and

18 ‘‘(2) in rural, suburban, and urban jurisdic19 tions.

20 ‘‘SEC. 2705. REPORTS AND EVALUATIONS.

21 ‘‘For each fiscal year, each recipient of a grant under

22 this part during that fiscal year shall submit to the Attor23 ney General a report regarding the effectiveness of activi24 ties carried out using that grant. Each report shall include

25 an evaluation in such form and containing such informa-
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1 tion as the Attorney General may reasonably require. The

2 Attorney General shall specify the dates on which such

3 reports shall be submitted.

4 ‘‘SEC. 2706. DEFINITIONS.

5 ‘‘In this part:

6 ‘‘(1) ELIGIBLE OFFENDER.—The term ‘eligible

7 offender’ means an individual who—

8 ‘‘(A) has been convicted of, or pled guilty

9 to, or admitted guilt with respect to a crime for

10 which a sentence of imprisonment is required

11 and has not completed such sentence;

12 ‘‘(B) has never been convicted of, or pled

13 guilty to, or admitted guilt with respect to, and

14 is not presently charged with, a felony crime of

15 violence or a major drug offense or a crime that

16 is considered a violent felony under State or

17 local law; and

18 ‘‘(C) has been found by a professional sub19 stance abuse screener to be in need of sub20 stance abuse treatment because that offender

21 has a history of substance abuse that is a sig22 nificant contributing factor to that offender’s

23 criminal conduct.

24 ‘‘(2) FELONY CRIME OF VIOLENCE.—The term

25 ‘felony crime of violence’ has the meaning given such
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1 term in section 924(c)(3) of title 18, United States

2 Code.

3 ‘‘(3) MAJOR DRUG OFFENSE.—The term ‘major

4 drug offense’ has the meaning given such term in

5 section 36(a) of title 18, United States Code.

6 ‘‘(4) STATE OR LOCAL PROSECUTOR.—The

7 term ‘State or local prosecutor’ means any district

8 attorney, State attorney general, county attorney, or

9 corporation counsel who has authority to prosecute

10 criminal offenses under State or local law.’’.

11 (b) AUTHORIZATION OF APPROPRIATIONS.—Section

12 1001(a) of title I of the Omnibus Crime Control and Safe

13 Street Act of 1968 (42 U.S.C. 3793(a)) is amended by

14 adding at the end the following new paragraph:

15 ‘‘(24) There are authorized to be appropriated

16 to carry out part AA—

17 ‘‘(A) $75,000,000 for fiscal year 2001;

18 ‘‘(B) $85,000,000 for fiscal year 2002;

19 ‘‘(C) $95,000,000 for fiscal year 2003;

20 ‘‘(D) $105,000,000 for fiscal year 2004;

21 and

22 ‘‘(E) $125,000,000 for fiscal year 2005.’’.

Æ