I 

111TH CONGRESS 

2D SESSION H. R. 6090 

To reauthorize and amend part EE of the Omnibus Crime Control and 

Safe Streets Act of 1968 relating to drug courts. 

IN THE HOUSE OF REPRESENTATIVES 

AUGUST 10, 2010 

Ms. JACKSON LEE of Texas (for herself, Mr. PIERLUISI, Mr. PAYNE, Mr. 

MCGOVERN, Mr. RUSH, Mr. RANGEL, Mr. DAVIS of Illinois, Mr. GUTIERREZ, Mr. CARNAHAN, Mr. CONYERS, Mr. GONZALEZ, Ms. LEE of California, Mr. HONDA, Mr. HASTINGS of Florida, and Ms. KAPTUR) introduced the following bill; which was referred to the Committee on the Judiciary 

A BILL 

To reauthorize and amend part EE of the Omnibus Crime 

Control and Safe Streets Act of 1968 relating to drug 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: FINDINGS. 

4 (a) SHORT TITLE.—This Act may be cited as the 

5 ‘‘Drug Court Reauthorization Act’’. 

6 (b) FINDINGS.—The Congress finds the following: 


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1 (1) Studies have concluded that drug courts 

2 significantly reduce crime by as much as 35 percent 

3 more than other sentencing options. 

4 (2) Nationwide, 75 percent of participants who 

5 successfully complete a drug court program remain 

6 arrest-free for at least 2 years after leaving the pro7 gram, and some studies demonstrate that many 

8 graduates remain arrest-free for many more years. 

9 (3) Drug courts are 6 times more likely than 

10 other sentencing options to keep offenders in treat11 ment long enough to recover, and in programs with 

12 less supervision than drug courts, 70 percent of par13 ticipants drop out of treatment permanently. 

14 (4) Nationwide, for every $1 invested in drug 

15 courts, taxpayers save as much as $3.36. 

16 (5) In 2007, for every Federal dollar invested 

17 in drug courts, $9 was leveraged in State funding. 

18 SEC. 2. DRUG COURTS. 

19 (a) IN GENERAL.—Part EE of the Omnibus Crime 

20 Control and Safe Streets Act of 1968 (42 U.S.C. 3797u 

21 et seq.) is amended to read as follows: 

22 ‘‘PART EE—DRUG COURTS 

23 ‘‘SEC. 2951. GRANT AUTHORITY. 

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

25 grants to States, State courts, local courts, units of local 


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1 government, and Indian tribal governments, acting di2 rectly or through agreements with other public or private 

3 entities, for adult drug courts, juvenile drug courts, family 

4 drug courts, and tribal drug courts that involve— 

5 ‘‘(1) continuing judicial supervision over offend6 ers, and other individuals under the jurisdiction of 

7 the court, with substance abuse problems; 

8 ‘‘(2) coordination with the appropriate State or 

9 local court, State or local substance abuse treatment 

10 authority, public defender, and prosecutor; and 

11 ‘‘(3) the integrated administration of other 

12 sanctions and services, which shall include— 

13 ‘‘(A) mandatory periodic testing for the 

14 use of controlled substances or other addictive 

15 substances during any period of supervised re16 lease or probation for each participant; 

17 ‘‘(B) substance abuse treatment for each 

18 participant, commensurate with the clinical 

19 needs of the participant; 

20 ‘‘(C) diversion, probation, or other super21 vised release involving the possibility of prosecu22 tion, confinement, or incarceration based on 

23 noncompliance with program requirements or 

24 failure to show satisfactory progress; 


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1 ‘‘(D) offender management and aftercare 

2 services such as relapse prevention, health care, 

3 education, vocational training, job placement, 

4 housing placement, and child care or other fam5 ily support services for each participant who re6 quires such services; 

7 ‘‘(E) payment, in whole or part, by the of8 fender of treatment costs, to the extent the 

9 court determines that such payment is prac10 ticable, such as costs for urinalysis or coun11 seling; and 

12 ‘‘(F) payment, in whole or part, by the of13 fender of restitution, to the extent the court de14 termines that such payment is practicable, to 

15 either a victim of the offender’s offense or to a 

16 restitution or similar victim support fund. 

17 ‘‘(b) LIMITATION.—Economic sanctions imposed on 

18 an offender pursuant to this section shall not be at a level 

19 that would interfere with the offender’s rehabilitation. 

20 ‘‘(c) MANDATORY DRUG TESTING AND MANDATORY

21 SANCTIONS.— 

22 ‘‘(1) MANDATORY TESTING.—Grant amounts 

23 under this part may be used for a drug court only 

24 if such court has mandatory periodic testing as de25 scribed in subsection (a)(3)(A). The Attorney GenVerDate Mar 15 2010 22:53 Aug 20, 2010 Jkt 089200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H6090.IH H6090

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1 eral shall, by prescribing guidelines or regulations, 

2 specify standards for the timing and manner of com3 plying with such requirements. The standards— 

4 ‘‘(A) shall ensure that— 

5 ‘‘(i) each participant is tested for 

6 every controlled substance that the partici7 pant has been known to abuse, and for any 

8 other controlled substance the Attorney 

9 General or the court may require; and 

10 ‘‘(ii) such testing is accurate and 

11 practicable; and 

12 ‘‘(B) may require approval of the drug 

13 testing regime to ensure that adequate testing 

14 occurs. 

15 ‘‘(2) MANDATORY SANCTIONS.—The Attorney 

16 General shall, by prescribing guidelines or regula17 tions, specify that grant amounts under this part 

18 may be used for a drug court only if such court im19 poses graduated sanctions that increase punitive 

20 measures, therapeutic measures, or both, whenever a 

21 participant fails a drug test. Such sanctions and 

22 measures may include one or more of the following: 

23 ‘‘(A) Incarceration. 

24 ‘‘(B) Increased time in the drug court pro25 gram. 


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1 ‘‘(C) Termination from such program. 

2 ‘‘(D) Increased drug screening require3 ments. 

4 ‘‘(E) Increased court appearances. 

5 ‘‘(F) Increased supervision. 

6 ‘‘(G) Electronic monitoring. 

7 ‘‘(H) In-home restriction. 

8 ‘‘(I) Community service. 

9 ‘‘SEC. 2952. ADMINISTRATION. 

10 ‘‘(a) CONSULTATION.—The Attorney General shall 

11 consult with the Secretary of Health and Human Services 

12 and any other appropriate officials in carrying out this 

13 part. 

14 ‘‘(b) USE OF COMPONENTS.—The Attorney General 

15 may utilize any component or components of the Depart16 ment of Justice in carrying out this part. 

17 ‘‘(c) REGULATORY AUTHORITY.—The Attorney Gen18 eral may issue regulations and guidelines necessary to 

19 carry out this part. 

20 ‘‘SEC. 2953. APPLICATIONS. 

21 ‘‘(a) IN GENERAL.—To request funds under this 

22 part, the chief executive or the chief justice of a State or 

23 the chief executive or judge of a unit of local government 

24 or Indian tribal government, or the chief judge of a State 

25 court or the judge of a local court or Indian tribal court 


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1 shall submit an application to the Attorney General in 

2 such form and containing such information as the Attor3 ney General may require. 

4 ‘‘(b) CONTENT.—In addition to any other require5 ments that may be specified by the Attorney General, an 

6 application for a grant under this part shall— 

7 ‘‘(1) include a long-term strategy and detailed 

8 implementation plan for the drug court program to 

9 be carried out under such grant; 

10 ‘‘(2) explain the applicant’s inability to fund the 

11 program adequately without Federal assistance; 

12 ‘‘(3) certify that the Federal support provided 

13 will be used to supplement, and not supplant, State, 

14 Indian tribal, and local sources of funding that 

15 would otherwise be available; 

16 ‘‘(4) identify related governmental or commu17 nity initiatives which complement or will be coordi18 nated with the proposal; 

19 ‘‘(5) certify that there has been and will con20 tinue to be appropriate consultation with all affected 

21 agencies in the implementation of the program; 

22 ‘‘(6) certify that participating offenders will be 

23 supervised by 1 or more designated judges with re24 sponsibility for the drug court program; 


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1 ‘‘(7) specify plans for obtaining necessary sup2 port and continuing the proposed program following 

3 the conclusion of Federal support; 

4 ‘‘(8) certify that statements made by an of5 fender during, or for admission to, a drug court pro6 gram (including to judges, prosecutors, defense 

7 counsel, social service providers, and other public 

8 health and public safety professionals who work in 

9 the drug court) regarding the offender’s drug use 

10 shall not be used as evidence against the offender in 

11 any criminal proceeding other than a proceeding 

12 that is part of the drug court program, including 

13 drug court proceedings involving sanctions, program 

14 termination, and related matters such as probation 

15 violation hearings based on noncompliance with the 

16 terms of participating in the drug court program; 

17 ‘‘(9) certify that admission criteria for the pro18 gram— 

19 ‘‘(A) are broad enough to ensure access for 

20 all drug-dependent, high-risk individuals under 

21 the court’s jurisdiction who are not violent of22 fenders; 

23 ‘‘(B) do not discriminate based upon race, 

24 gender, religion, national origin, economic sta25 tus, or immigration status; and 


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1 ‘‘(C) are established by a panel or commis2 sion with broad representation from stake3 holders in the criminal justice community, in4 cluding judges, prosecutors, defense counsel, 

5 and social service providers; 

6 ‘‘(10) certify that the applicant has established 

7 a policy for the consideration and selection of offend8 ers who are not violent offenders to participate in 

9 the program, based on the admission criteria pursu10 ant to paragraph (9), that— 

11 ‘‘(A) has been approved by the judge or 

12 judges with responsibility for the drug court 

13 program under paragraph (6) and any other 

14 parties responsible for such consideration and 

15 selection of offenders, including prosecutors, de16 fense counsel, and social service providers, as 

17 appropriate; 

18 ‘‘(B) includes a process to ensure that the 

19 individual circumstances of offenders are con20 sidered to take into account mitigating factors 

21 related to the offender, as appropriate; and 

22 ‘‘(C) ensures that the public safety needs 

23 of the applicant’s jurisdiction are met; 

24 ‘‘(11) demonstrate the existence of adequate 

25 protections for participating offenders’ right to comVerDate Mar 15 2010 22:53 Aug 20, 2010 Jkt 089200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\H6090.IH H6090

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1 petent counsel under the Sixth Amendment to the 

2 Constitution; 

3 ‘‘(12) outline ways for ensuring access to the 

4 program for offenders who are high-risk for contin5 ued substance abuse and drug-related crime, are fac6 ing the longest sentences, and are high-need based 

7 on drug dependency; 

8 ‘‘(13) describe the methodology that will be 

9 used in evaluating the program, including dem10 onstration of research related to alternative sen11 tences for offenders whose illegal conduct was 

12 caused by drug dependency; and 

13 ‘‘(14) certify that substance abuse treatment 

14 services provided to participants are licensed or ac15 credited by the State substance abuse authority and 

16 that State standards of care are utilized. 

17 ‘‘(c) DEFINITION.—In this section: 

18 ‘‘(1) The term ‘violent offender’ means an indi19 vidual who has committed an offense that, by its na20 ture, involves a substantial use of physical force with 

21 the specific intent to cause serious bodily injury or 

22 harm to another individual, as determined by the en23 tity applying for or receiving a grant under this 

24 part. 


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1 ‘‘(2) The term ‘sex offender’ means an indi2 vidual who has committed an act of sexual assault 

3 as such term is defined in section 40002 of the Vio4 lence Against Women Act of 1994 (42 U.S.C. 

5 13925). 

6 ‘‘SEC. 2954. FEDERAL SHARE. 

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

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

9 total costs of the program described in the application sub10 mitted under section 2953 for the fiscal year for which 

11 the program receives assistance under this part, unless the 

12 Attorney General waives, wholly or in part, the require13 ment of a matching contribution under this section. 

14 ‘‘(b) IN-KIND CONTRIBUTIONS.—In-kind contribu15 tions may constitute a portion of the non-Federal share 

16 of a grant. 

17 ‘‘SEC. 2955. DISTRIBUTION AND ALLOCATION. 

18 ‘‘(a) CONSIDERATION AND DISTRIBUTION.—The At19 torney General shall ensure that— 

20 ‘‘(1) all States, State courts, local courts, units 

21 of local government, and Indian tribal governments 

22 are provided with an opportunity to apply and be 

23 considered for a grant under this part; and 

24 ‘‘(2) to the extent practicable, an equitable geo25 graphic distribution of grant awards is made. 


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1 ‘‘(b) TECHNICAL ASSISTANCE AND TRAINING.—Un2 less one or more applications submitted by any State or 

3 unit of local government within such State (other than an 

4 Indian tribe) for a grant under this part has been funded 

5 in any fiscal year, such State, together with eligible appli6 cants within such State, shall be provided targeted tech7 nical assistance and training by the Bureau of Justice As8 sistance to assist such State and such eligible applicants 

9 to successfully compete for future funding under this part, 

10 and to strengthen existing State drug court systems. In 

11 providing such technical assistance and training, the Bu12 reau of Justice Assistance shall consider and respond to 

13 the unique needs of rural States, rural areas, and rural 

14 communities. 

15 ‘‘SEC. 2956. REPORT. 

16 ‘‘A State, Indian tribal government, or unit of local 

17 government that receives funds under this part during a 

18 fiscal year shall submit to the Attorney General a descrip19 tion and an evaluation report on a date specified by the 

20 Attorney General regarding the effectiveness of this part. 

21 ‘‘SEC. 2957. TECHNICAL ASSISTANCE, TRAINING, AND EVAL22 UATION. 

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

24 Attorney General may provide technical assistance and 

25 training in furtherance of the purposes of this part. 


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

2 requirements that may be prescribed for grantees (includ3 ing uniform data collection standards and reporting re4 quirements), the Attorney General shall carry out or make 

5 arrangements for evaluations of programs that receive 

6 support under this part. 

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

8 training, and evaluations authorized by this section may 

9 be carried out directly by the Attorney General, in collabo10 ration with the Secretary of Health and Human Services, 

11 or through grants, contracts, or other cooperative arrange12 ments with other entities.’’. 

13 (b) REAUTHORIZATION.—Paragraph (25) of section 

14 1001(a) of the Omnibus Crime Control and Safe Streets 

15 Act of 1968 (42 U.S.C. 3793(a)) is amended to read as 

16 follows: 

17 ‘‘(25)(A) There are authorized to be appro18 priated to carry out part EE— 

19 ‘‘(i) $125,000,000 for fiscal year 2011; 

20 ‘‘(ii) $150,000,000 for fiscal year 2012; 

21 ‘‘(iii) $200,000,000 for fiscal year 2013; 

22 and 

23 ‘‘(iv) $250,000,000 for each of fiscal years 

24 2014 through 2017. 


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1 ‘‘(B) The Attorney General shall reserve not 

2 less than 1 percent and not more than 4.5 percent 

3 of the sums appropriated for this program in each 

4 fiscal year for research and evaluation of this pro5 gram.’’. 

Æ 


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