II 

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. 

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 ‘‘Treatment Court, Re5 habilitation, and Recovery Act of 2021’’. 

6 SEC. 2. TREATMENT COURTS. 

7 (a) IN GENERAL.—Title I of the Omnibus Crime 

8 Control and Safe Streets Act of 1968 (34 U.S.C. 10101 

9 et seq.) is amended by striking part EE (34 U.S.C. 10611 

10 et seq.) and inserting the following: 


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1 ‘‘PART EE—TREATMENT COURT DISCRETIONARY 

2 GRANT PROGRAM 

3 ‘‘SEC. 2951. GRANT AUTHORITY. 

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

5 grants— 

6 ‘‘(1) to States, State courts, local courts, units 

7 of local government, and Indian tribal governments, 

8 acting directly or through agreements with other 

9 public or private entities; and 

10 ‘‘(2) to establish or enhance— 

11 ‘‘(A) juvenile drug treatment courts that 

12 serve teens charged with delinquency offenses 

13 caused or influenced by a moderate to severe 

14 substance use disorder or co-occurring mental 

15 health disorder; 

16 ‘‘(B) family treatment courts that serve 

17 parents or guardians in dependency proceedings 

18 facing allegations of child abuse or neglect 

19 caused or influenced by a moderate to severe 

20 substance use disorder; 

21 ‘‘(C) Tribal healing to wellness courts that 

22 serve Native Americans by providing healing 

23 and communal practices to serve persons 

24 charged with drug- or alcohol-related violations 

25 of tribal laws; 


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1 ‘‘(D) impaired driving courts that serve 

2 adults charged with repeated instances of driv3 ing under the influence of drugs or alcohol; 

4 ‘‘(E) adult drug treatment courts that 

5 serve as an alternative to incarceration for 

6 adults with substance use disorders, including 

7 co-occurring substance use and mental health 

8 disorders; and 

9 ‘‘(F) any other treatment courts that ad10 here to national best practice standards en11 dorsed by the National Association of Drug 

12 Court Professionals. 

13 ‘‘(b) LIMITATION.—Economic sanctions imposed in 

14 this section shall not be at a level that would interfere 

15 with the treatment and must conform to constitutional 

16 standards including, but not limited to, an opportunity to 

17 present evidence at a hearing regarding the participant’s 

18 financial status and ability to pay. 

19 ‘‘SEC. 2952. ADMINISTRATION. 

20 ‘‘(a) DEFINITIONS.—In this section: 

21 ‘‘(1) MEDICATION FOR ADDICTION TREAT22 MENT.—The term ‘medication for addiction treat23 ment’ means the use of medications approved by the 

24 Food and Drug Administration for the treatment of 

25 substance use disorder. 


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1 ‘‘(2) STATE SUBSTANCE ABUSE AUTHORITY.— 

2 The term ‘State substance abuse authority’ means 

3 the State agency responsible for administering the 

4 Substance Abuse Prevention and Treatment Block 

5 Grant under subpart II of part B of title XIX of the 

6 Public Health Service Act (42 U.S.C. 300x–21 et 

7 seq.). 

8 ‘‘(b) CONSULTATION.—The Attorney General shall 

9 consult with the Secretary of Health and Human Services 

10 and any other appropriate officials in carrying out this 

11 part. 

12 ‘‘(c) USE OF COMPONENTS.—The Attorney General 

13 may utilize any component or components of the Depart14 ment of Justice in carrying out this part. 

15 ‘‘(d) REGULATORY AUTHORITY.—The Attorney Gen16 eral may issue regulations and guidelines necessary to 

17 carry out this part. 

18 ‘‘(e) ADMINISTRATIVE COSTS.— 

19 ‘‘(1) Not more than 10 percent of a grant made 

20 under this part may be used for costs incurred to 

21 administer such grant. 

22 ‘‘(f) APPLICATIONS.—In addition to any other re23 quirements that may be specified by the Attorney General, 

24 an application for a grant under this part shall— 


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1 ‘‘(1) explain the long-term strategy and detailed 

2 implementation plan that outlines how the program 

3 will— 

4 ‘‘(A) serve treatment courts described in 

5 2951(a)(2); 

6 ‘‘(B) achieve the implementation of na7 tional best practice standards described in sec8 tion 2951(a)(2)(F); and 

9 ‘‘(C) obtain the necessary support to con10 tinue the proposed program following the con11 clusion of Federal support; 

12 ‘‘(2) certify that— 

13 ‘‘(A) the program will not discriminate 

14 based upon race, gender, gender identity, reli15 gion, national origin, sexual orientation, eco16 nomic status, or immigration status; 

17 ‘‘(B) the program will provide adequate 

18 protections for offenders’ right to competent 

19 counsel; 

20 ‘‘(C) evidence-based clinical assessment 

21 will determine the level of care, and that evi22 dence-based substance use disorder treatment, 

23 including medication for addiction treatment, 

24 will be available if clinically appropriate; 


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1 ‘‘(D) substance use disorder treatment 

2 providers and services are licensed or accredited 

3 by the State substance abuse authority and that 

4 State standards of care will be utilized; 

5 ‘‘(E) there has been appropriate consulta6 tion with all affected agencies and that there 

7 will be appropriate coordination with all af8 fected agencies, including State or local pros9 ecutors, the defense bar, law enforcement, pro10 bation, courts, State or local treatment agen11 cies, and other community services; 

12 ‘‘(F) 1 or more designated judges are re13 sponsible for the program; 

14 ‘‘(G) there is an inability to fund the pro15 gram adequately without Federal assistance; 

16 ‘‘(H) Federal support provided will be used 

17 to supplement, and not supplant, State, Indian 

18 tribal, and local sources of funding that would 

19 otherwise be available; 

20 ‘‘(I) the payment, in whole or part, by the 

21 participant of treatment costs and restitution, 

22 to the extent practicable, shall be based on abil23 ity to pay and will not be at a level that would 

24 interfere with program participation; and 


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1 ‘‘(J) impaired driving court applicants are 

2 compliant with section 164(b) of title 23, 

3 United States Code; and 

4 ‘‘(3) describe— 

5 ‘‘(A) the admission criteria to ensure 

6 that— 

7 ‘‘(i) the criteria are broad enough to 

8 provide equal access for all individuals 

9 under the treatment court’s jurisdiction 

10 who are in high need of substance use dis11 order treatment based on evidence-based 

12 clinical assessments; 

13 ‘‘(ii) the individual circumstances of 

14 each offender are considered as mitigating 

15 or aggravating factors; 

16 ‘‘(iii) an evidence-based clinical as17 sessment is utilized to determine the level 

18 of care; and 

19 ‘‘(iv) the public safety needs of the 

20 applicant’s jurisdiction will be met, taking 

21 into consideration— 

22 ‘‘(I) criminal history; 

23 ‘‘(II) the current case before the 

24 court; and 

25 ‘‘(III) risk to the community; 


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1 ‘‘(B) the components of the program to in2 clude— 

3 ‘‘(i) a process to ensure equivalent ac4 cess and retention in the program that in5 cludes collecting and examining access and 

6 retention data to ensure unfair disparities 

7 do not exist for racial and ethnic minority 

8 or female participants in admission proto9 cols or elsewhere in the program; 

10 ‘‘(ii) substance use disorder or mental 

11 health treatment for each participant 

12 based on individualized assessments and 

13 evidence-based treatment services; 

14 ‘‘(iii) case management, relapse pre15 vention, education, vocational training, job 

16 placement, housing placement, medical and 

17 dental care, parenting programs, child 

18 care, or other family support services for 

19 each participant who requires such serv20 ices; 

21 ‘‘(iv) diversion, probation, or other su22 pervised release; 

23 ‘‘(v) evidence-based graduated re24 sponses; 


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1 ‘‘(vi) periodic and random testing for 

2 the use of controlled substances or other 

3 addictive substances; and 

4 ‘‘(vii) the methodology that will be 

5 used to evaluate the program’s process and 

6 outcomes; and 

7 ‘‘(C) the related governmental or commu8 nity initiatives that complement the program. 

9 ‘‘SEC. 2953. APPLICATIONS. 

10 ‘‘To request funds under this part, the chief executive 

11 or the chief justice of a State, or the chief executive or 

12 judge of a unit of local government or Indian tribal gov13 ernment, or the chief judge of a State court, or the judge 

14 of a local court or Indian tribal court shall submit an ap15 plication to the Attorney General in such form and con16 taining such information as the Attorney General may rea17 sonably require. 

18 ‘‘SEC. 2954. FEDERAL SHARE. 

19 ‘‘(a) IN GENERAL.—The Federal share of a grant 

20 made under this part may not exceed 75 percent of the 

21 total costs of the program described in the application sub22 mitted under section 2953 for the fiscal year for which 

23 the program receives assistance under this part, unless the 

24 Attorney General waives, wholly or in part, the require25 ment of a matching contribution under this section. 


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1 ‘‘(b) IN-KIND CONTRIBUTIONS.—In-kind contribu2 tions may constitute a portion of the non-Federal share 

3 of a grant. 

4 ‘‘SEC. 2955. DISTRIBUTION AND ALLOCATION OF FUNDING. 

5 ‘‘The Attorney General shall ensure— 

6 ‘‘(1) all grants awards have in place a process 

7 to ensure equivalent access and retention in the pro8 gram that includes— 

9 ‘‘(A) collecting and examining access and 

10 retention data to ensure unfair disparities do 

11 not exist for racial and ethnic minority or fe12 male participants in admission protocols or else13 where in the program; 

14 ‘‘(B) modifying the eligibility criteria, ad15 missions protocols, and other program elements 

16 to address disparities, enhance recruitment, and 

17 improve retention; 

18 ‘‘(C) continually monitoring whether racial 

19 and ethnic minority and female participants 

20 have equal access to the programs, receive 

21 equivalent services in the programs, and suc22 cessfully complete the programs at rates equiva23 lent to non-minorities and males; and 


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1 ‘‘(D) admission criteria that serve individ2 uals with a high need of substance use disorder 

3 treatment based on clinical assessments; 

4 ‘‘(2) all grant awards— 

5 ‘‘(A) use evidence-based clinical assessment 

6 to determine the level of care for evidence-based 

7 substance use disorder treatment, including 

8 medication for addiction treatment, if clinically 

9 appropriate and available; and 

10 ‘‘(B) use substance use disorder treatment 

11 providers and services are licensed or accredited 

12 by the State substance abuse authority and that 

13 standards of care of the State are used; 

14 ‘‘(3) priority in funding is given to those appli15 cants that have demonstrated adherence to the prac16 tice standards established or endorsed by the Na17 tional Association of Drug Court Professionals; 

18 ‘‘(4) all States, State courts, local courts, units 

19 of local government, and Indian tribal governments 

20 are provided with an opportunity to apply and be 

21 considered for a grant under this part; 

22 ‘‘(5) to the extent practicable, equitable geo23 graphic distribution of grant awards is made; and 


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1 ‘‘(6) training and technical assistance is avail2 able to States that applied and did not receive a 

3 grant award. 

4 ‘‘SEC. 2956. REPORT. 

5 ‘‘(a) GRANT REPORT.—A State, Indian tribal govern6 ment, or unit of local government that receives funds 

7 under this part during a fiscal year shall submit to the 

8 Attorney General a description and an evaluation report 

9 on a date specified by the Attorney General regarding the 

10 effectiveness of this part. 

11 ‘‘(b) EVALUATION.—The Department of Justice, Bu12 reau of Justice Assistance shall conduct a national multi13 site evaluation on the effectiveness of treatment courts to 

14 be submitted to Congress within three years of enactment 

15 of this bill. The evaluation shall focus on target popu16 lation, evidence-based substance use and mental health 

17 treatment, including medication for addiction treatment, 

18 recidivism, and program outcomes. 

19 ‘‘SEC. 2957. TECHNICAL ASSISTANCE, TRAINING, AND EVAL20 UATION. 

21 ‘‘(a) TECHNICAL ASSISTANCE AND TRAINING.—The 

22 Attorney General may provide technical assistance and 

23 training in furtherance of the purposes of this part. All 

24 training and technical assistance must adhere to the na25 tional best practice standards established by the National 


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1 Association of Drug Court Professionals or those approved 

2 by the Department of Justice. 

3 ‘‘(b) EVALUATIONS.—In addition to any evaluation 

4 requirements that may be prescribed for grantees (includ5 ing uniform data collection standards and reporting re6 quirements), the Attorney General shall carry out or make 

7 arrangements for evaluations of programs that receive 

8 support under this part. 

9 ‘‘(c) ADMINISTRATION.—The technical assistance, 

10 training, and evaluations authorized by this section may 

11 be carried out directly by the Attorney General, in collabo12 ration with the Secretary of Health and Human Services, 

13 or through grants, contracts, or other cooperative arrange14 ments with other entities. 

15 ‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 

16 is authorized to be appropriated to carry out this section 

17 $100,000,0000 for each year for fiscal years 2022 through 

18 2026.’’. 

Æ 


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