I 

115TH CONGRESS 

1ST SESSION H. R. 1763 

To direct the Attorney General to carry out a pilot program to provide 

grants to eligible entities to divert individuals with low-level drug offenses 

to prebooking diversion programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

MARCH 28, 2017 

Mr. SEAN PATRICK MALONEY of New York introduced the following bill; 

which was referred to the Committee on the Judiciary 

A BILL 

To direct the Attorney General to carry out a pilot program 

to provide grants to eligible entities to divert individuals 

with low-level drug offenses to prebooking diversion 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. SHORT TITLE. 

4 This Act may be cited as the ‘‘Keeping Communities 

5 Safe through Treatment Act of 2017’’. 

6 SEC. 2. PILOT PROGRAM. 

7 (a) ESTABLISHMENT.— 


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1 (1) IN GENERAL.—Not later than 180 days 

2 after the date of the enactment of this Act, the At3 torney General shall establish a pilot program to 

4 provide grants to eligible entities for prebooking di5 version programs to divert individuals with low-level 

6 drug offenses to a case manager for an immediate 

7 needs assessment, crisis intervention, and to sched8 ule an in-depth intake interview. 

9 (2) DURATION OF PILOT PROGRAM.—The pilot 

10 program shall terminate 5 years after the date of 

11 the enactment of this Act. 

12 (3) GRANTS AWARDED UNDER PILOT PRO13 GRAM.—The Attorney General shall award grants 

14 under the pilot program to not fewer than 10 eligible 

15 entities. 

16 (b) LIMITATION ON USE OF FUNDS.—Grant funds 

17 awarded under the pilot program may not be used to di18 vert an individual with a low-level drug offense to a drug 

19 treatment program if criminal charges have been filed and 

20 are pending against such individual. 

21 (c) APPLICATION.— 

22 (1) IN GENERAL.—To be selected to receive a 

23 grant under the pilot program, an eligible entity 

24 shall submit to the Attorney General an application 


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1 at such time, in such manner, and containing such 

2 information as the Attorney General may require. 

3 (2) OTHER REQUIREMENTS.—Each application 

4 for a grant under the pilot program shall include a 

5 description of how the eligible entity— 

6 (A) coordinates with drug treatment pro7 grams that provide medication-assisted treat8 ment; 

9 (B) plans to coordinate with local prosecu10 tors; 

11 (C) plans to divert individuals with low12 level drug offenses to such programs; 

13 (D) plans to monitor and record the 

14 progress of such individuals in such programs; 

15 (E) plans to assess such individuals to en16 sure that they have an appropriate individual17 ized intervention; and 

18 (F) will provide case management for such 

19 individuals. 

20 (d) REPORTS.— 

21 (1) QUARTERLY REPORTS.—Each quarter dur22 ing the duration of the pilot program, an eligible en23 tity that receives a grant under the pilot program 

24 shall submit a report to the Attorney General that 

25 includes— 


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1 (A) the number of individuals diverted to 

2 programs by the diversion program for which 

3 the grant funds are used; 

4 (B) any subsequent arrest records of such 

5 individuals, when such records are publicly 

6 available; 

7 (C) any subsequent criminal charges filed 

8 against such individuals; and 

9 (D) the cost of such programs. 

10 (2) ANNUAL REPORTS.—Not less than once 

11 each year during the duration of the pilot program, 

12 the Attorney General shall submit a report to Con13 gress that includes— 

14 (A) the number of grants awarded under 

15 the pilot program; 

16 (B) the number of individuals diverted to 

17 programs by the diversion program for which 

18 the grant funds are used; 

19 (C) any subsequent arrest records of such 

20 individuals, when such records are publicly 

21 available; 

22 (D) any subsequent criminal charges filed 

23 against such individuals; and 

24 (E) the amount of funds used to provide 

25 grants under the pilot program. 


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1 (e) DEFINITIONS.—In this section: 

2 (1) ELIGIBLE ENTITY.—The term ‘‘eligible enti3 ty’’ means a law enforcement agency with jurisdic4 tion over a high-intensity drug trafficking area, as 

5 designated pursuant to section 707(b) of the Office 

6 of National Drug Control Policy Reauthorization Act 

7 of 1998 (21 U.S.C. 1706(b)). 

8 (2) LOW-LEVEL DRUG OFFENSE.—The term 

9 ‘‘low-level drug offense’’ does not include a serious 

10 violent felony. 

11 (3) MEDICATION-ASSISTED TREATMENT.—The 

12 term ‘‘medication-assisted treatment’’ means treat13 ment of substance use disorders through the use of 

14 a drug (or a combination of drugs) approved or li15 censed under section 505 of the Federal Food, 

16 Drug, and Cosmetic Act (21 U.S.C. 355) or section 

17 351 of the Public Health Service Act (42 U.S.C. 

18 262), in combination with evidence-based behavioral 

19 therapies. 

20 (4) SERIOUS VIOLENT FELONY.—The term ‘‘se21 rious violent felony’’ has the meaning given such 

22 term in section 3559(c)(2) of title 18, United States 

23 Code. 

24 (f) AUTHORIZATION OF APPROPRIATIONS.—There is 

25 authorized to be appropriated such funds as may be necVerDate Sep 11 2014 02:58 Mar 31, 2017 Jkt 069200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H1763.IH H1763

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1 essary to carry out the pilot program, to be derived from 

2 the funds made available to the Office of Justice Pro3 grams. 

Æ 


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