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[Congressional Bills 117th Congress]
[From the U.S. Government Publishing Office]
[S. 2673 Introduced in Senate (IS)]

<DOC>

117th CONGRESS
  1st Session
                                S. 2673

  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
          modify the provisions relating to treatment courts.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                             August 7, 2021

  Ms. Klobuchar (for herself and Mr. Wicker) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL

 
  To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
          modify the provisions relating to treatment courts.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Treatment Court, Rehabilitation, and 
Recovery Act of 2021''.

SEC. 2. TREATMENT COURTS.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by striking 
part EE (34 U.S.C. 10611 et seq.) and inserting the following:

         ``PART EE--TREATMENT COURT DISCRETIONARY GRANT PROGRAM

``SEC. 2951. GRANT AUTHORITY.

    ``(a) In General.--The Attorney General may make grants--
            ``(1) to States, State courts, local courts, units of local 
        government, and Indian tribal governments, acting directly or 
        through agreements with other public or private entities; and
            ``(2) to establish or enhance--
                    ``(A) juvenile drug treatment courts that serve 
                teens charged with delinquency offenses caused or 
                influenced by a moderate to severe substance use 
                disorder or co-occurring mental health disorder;
                    ``(B) family treatment courts that serve parents or 
                guardians in dependency proceedings facing allegations 
                of child abuse or neglect caused or influenced by a 
                moderate to severe substance use disorder;
                    ``(C) Tribal healing to wellness courts that serve 
                Native Americans by providing healing and communal 
                practices to serve persons charged with drug- or 
                alcohol-related violations of tribal laws;
                    ``(D) impaired driving courts that serve adults 
                charged with repeated instances of driving under the 
                influence of drugs or alcohol;
                    ``(E) adult drug treatment courts that serve as an 
                alternative to incarceration for adults with substance 
                use disorders, including co-occurring substance use and 
                mental health disorders; and
                    ``(F) any other treatment courts that adhere to 
                national best practice standards endorsed by the 
                National Association of Drug Court Professionals.
    ``(b) Limitation.--Economic sanctions imposed in this section shall 
not be at a level that would interfere with the treatment and must 
conform to constitutional standards including, but not limited to, an 
opportunity to present evidence at a hearing regarding the 
participant's financial status and ability to pay.

``SEC. 2952. ADMINISTRATION.

    ``(a) Definitions.--In this section:
            ``(1) Medication for addiction treatment.--The term 
        `medication for addiction treatment' means the use of 
        medications approved by the Food and Drug Administration for 
        the treatment of substance use disorder.
            ``(2) State substance abuse authority.--The term `State 
        substance abuse authority' means the State agency responsible 
        for administering the Substance Abuse Prevention and Treatment 
        Block Grant under subpart II of part B of title XIX of the 
        Public Health Service Act (42 U.S.C. 300x-21 et seq.).
    ``(b) Consultation.--The Attorney General shall consult with the 
Secretary of Health and Human Services and any other appropriate 
officials in carrying out this part.
    ``(c) Use of Components.--The Attorney General may utilize any 
component or components of the Department of Justice in carrying out 
this part.
    ``(d) Regulatory Authority.--The Attorney General may issue 
regulations and guidelines necessary to carry out this part.
    ``(e) Administrative Costs.--
            ``(1) Not more than 10 percent of a grant made under this 
        part may be used for costs incurred to administer such grant.
    ``(f) Applications.--In addition to any other requirements that may 
be specified by the Attorney General, an application for a grant under 
this part shall--
            ``(1) explain the long-term strategy and detailed 
        implementation plan that outlines how the program will--
                    ``(A) serve treatment courts described in 
                2951(a)(2);
                    ``(B) achieve the implementation of national best 
                practice standards described in section 2951(a)(2)(F); 
                and
                    ``(C) obtain the necessary support to continue the 
                proposed program following the conclusion of Federal 
                support;
            ``(2) certify that--
                    ``(A) the program will not discriminate based upon 
                race, gender, gender identity, religion, national 
                origin, sexual orientation, economic status, or 
                immigration status;
                    ``(B) the program will provide adequate protections 
                for offenders' right to competent counsel;
                    ``(C) evidence-based clinical assessment will 
                determine the level of care, and that evidence-based 
                substance use disorder treatment, including medication 
                for addiction treatment, will be available if 
                clinically appropriate;
                    ``(D) substance use disorder treatment providers 
                and services are licensed or accredited by the State 
                substance abuse authority and that State standards of 
                care will be utilized;
                    ``(E) there has been appropriate consultation with 
                all affected agencies and that there will be 
                appropriate coordination with all affected agencies, 
                including State or local prosecutors, the defense bar, 
                law enforcement, probation, courts, State or local 
                treatment agencies, and other community services;
                    ``(F) 1 or more designated judges are responsible 
                for the program;
                    ``(G) there is an inability to fund the program 
                adequately without Federal assistance;
                    ``(H) Federal support provided will be used to 
                supplement, and not supplant, State, Indian tribal, and 
                local sources of funding that would otherwise be 
                available;
                    ``(I) the payment, in whole or part, by the 
                participant of treatment costs and restitution, to the 
                extent practicable, shall be based on ability to pay 
                and will not be at a level that would interfere with 
                program participation; and
                    ``(J) impaired driving court applicants are 
                compliant with section 164(b) of title 23, United 
                States Code; and
            ``(3) describe--
                    ``(A) the admission criteria to ensure that--
                            ``(i) the criteria are broad enough to 
                        provide equal access for all individuals under 
                        the treatment court's jurisdiction who are in 
                        high need of substance use disorder treatment 
                        based on evidence-based clinical assessments;
                            ``(ii) the individual circumstances of each 
                        offender are considered as mitigating or 
                        aggravating factors;
                            ``(iii) an evidence-based clinical 
                        assessment is utilized to determine the level 
                        of care; and
                            ``(iv) the public safety needs of the 
                        applicant's jurisdiction will be met, taking 
                        into consideration--
                                    ``(I) criminal history;
                                    ``(II) the current case before the 
                                court; and
                                    ``(III) risk to the community;
                    ``(B) the components of the program to include--
                            ``(i) a process to ensure equivalent access 
                        and retention in the program that includes 
                        collecting and examining access and retention 
                        data to ensure unfair disparities do not exist 
                        for racial and ethnic minority or female 
                        participants in admission protocols or 
                        elsewhere in the program;
                            ``(ii) substance use disorder or mental 
                        health treatment for each participant based on 
                        individualized assessments and evidence-based 
                        treatment services;
                            ``(iii) case management, relapse 
                        prevention, education, vocational training, job 
                        placement, housing placement, medical and 
                        dental care, parenting programs, child care, or 
                        other family support services for each 
                        participant who requires such services;
                            ``(iv) diversion, probation, or other 
                        supervised release;
                            ``(v) evidence-based graduated responses;
                            ``(vi) periodic and random testing for the 
                        use of controlled substances or other addictive 
                        substances; and
                            ``(vii) the methodology that will be used 
                        to evaluate the program's process and outcomes; 
                        and
                    ``(C) the related governmental or community 
                initiatives that complement the program.

``SEC. 2953. APPLICATIONS.

    ``To request funds under this part, the chief executive or the 
chief justice of a State, or the chief executive or judge of a unit of 
local government or Indian tribal government, or the chief judge of a 
State court, or the judge of a local court or Indian tribal court shall 
submit an application to the Attorney General in such form and 
containing such information as the Attorney General may reasonably 
require.

``SEC. 2954. FEDERAL SHARE.

    ``(a) In General.--The Federal share of a grant made under this 
part may not exceed 75 percent of the total costs of the program 
described in the application submitted under section 2953 for the 
fiscal year for which the program receives assistance under this part, 
unless the Attorney General waives, wholly or in part, the requirement 
of a matching contribution under this section.
    ``(b) In-Kind Contributions.--In-kind contributions may constitute 
a portion of the non-Federal share of a grant.

``SEC. 2955. DISTRIBUTION AND ALLOCATION OF FUNDING.

    ``The Attorney General shall ensure--
            ``(1) all grants awards have in place a process to ensure 
        equivalent access and retention in the program that includes--
                    ``(A) collecting and examining access and retention 
                data to ensure unfair disparities do not exist for 
                racial and ethnic minority or female participants in 
                admission protocols or elsewhere in the program;
                    ``(B) modifying the eligibility criteria, 
                admissions protocols, and other program elements to 
                address disparities, enhance recruitment, and improve 
                retention;
                    ``(C) continually monitoring whether racial and 
                ethnic minority and female participants have equal 
                access to the programs, receive equivalent services in 
                the programs, and successfully complete the programs at 
                rates equivalent to non-minorities and males; and
                    ``(D) admission criteria that serve individuals 
                with a high need of substance use disorder treatment 
                based on clinical assessments;
            ``(2) all grant awards--
                    ``(A) use evidence-based clinical assessment to 
                determine the level of care for evidence-based 
                substance use disorder treatment, including medication 
                for addiction treatment, if clinically appropriate and 
                available; and
                    ``(B) use substance use disorder treatment 
                providers and services are licensed or accredited by 
                the State substance abuse authority and that standards 
                of care of the State are used;
            ``(3) priority in funding is given to those applicants that 
        have demonstrated adherence to the practice standards 
        established or endorsed by the National Association of Drug 
        Court Professionals;
            ``(4) all States, State courts, local courts, units of 
        local government, and Indian tribal governments are provided 
        with an opportunity to apply and be considered for a grant 
        under this part;
            ``(5) to the extent practicable, equitable geographic 
        distribution of grant awards is made; and
            ``(6) training and technical assistance is available to 
        States that applied and did not receive a grant award.

``SEC. 2956. REPORT.

    ``(a) Grant Report.--A State, Indian tribal government, or unit of 
local government that receives funds under this part during a fiscal 
year shall submit to the Attorney General a description and an 
evaluation report on a date specified by the Attorney General regarding 
the effectiveness of this part.
    ``(b) Evaluation.--The Department of Justice, Bureau of Justice 
Assistance shall conduct a national multi-site evaluation on the 
effectiveness of treatment courts to be submitted to Congress within 
three years of enactment of this bill. The evaluation shall focus on 
target population, evidence-based substance use and mental health 
treatment, including medication for addiction treatment, recidivism, 
and program outcomes.

``SEC. 2957. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

    ``(a) Technical Assistance and Training.--The Attorney General may 
provide technical assistance and training in furtherance of the 
purposes of this part. All training and technical assistance must 
adhere to the national best practice standards established by the 
National Association of Drug Court Professionals or those approved by 
the Department of Justice.
    ``(b) Evaluations.--In addition to any evaluation requirements that 
may be prescribed for grantees (including uniform data collection 
standards and reporting requirements), the Attorney General shall carry 
out or make arrangements for evaluations of programs that receive 
support under this part.
    ``(c) Administration.--The technical assistance, training, and 
evaluations authorized by this section may be carried out directly by 
the Attorney General, in collaboration with the Secretary of Health and 
Human Services, or through grants, contracts, or other cooperative 
arrangements with other entities.
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,0000 for each year for 
fiscal years 2022 through 2026.''.
                                 <all>
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