II

106TH CONGRESS

2D SESSION S. 2619

To provide for drug-free prisons.

IN THE SENATE OF THE UNITED STATES

MAY 24, 2000

Mr. LEAHY (for himself, Mr. ROBB, and Mr. KENNEDY) introduced the following bill; which was read twice and referred to the Committee on the

Judiciary

A BILL

To provide for drug-free prisons.

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 ‘‘Drug-Free Prisons Act

5 of 2000’’.

6 TITLE I—DRUG TESTING

7 PROGRAMS FOR PRISONS

8 SEC. 101. GRANT AUTHORITY.

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

10 grants to States and units of local government, State

11 courts, local courts, and Indian tribal governments, acting
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1 directly or through agreements with other public or private

2 entities, for programs that support—

3 (1) developing and implementing comprehensive

4 drug testing policies and practices with regard to

5 criminal justice populations; and

6 (2) establishing appropriate interventions to il7 legal drug use for offender populations.

8 (b) JOINT APPLICATIONS.—Applicants may choose to

9 submit joint proposals with other eligible criminal justice

10 and court agencies for systemic drug testing and interven11 tion programs. One of the agencies submitting a joint pro12 posal shall be designated as the primary applicant.

13 SEC. 102. ADMINISTRATION.

14 (a) CONSULTATION AND COORDINATION.—In car15 rying out this title, the Attorney General shall coordinate

16 with the other Department of Justice initiatives that ad17 dress drug testing and interventions in the criminal justice

18 system.

19 (b) GUIDELINES.—The Attorney General may issue

20 guidelines necessary to carry out this title.

21 (c) APPLICATIONS.—In addition to any other require22 ments that may be specified by the Attorney General, an

23 application for a grant under this title shall—

24 (1) reflect a comprehensive approach that rec25 ognizes the importance of collaboration and a con-
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1 tinuum of testing, treatment, and other interven2 tions;

3 (2) include a long-term strategy and detailed

4 implementation plan;

5 (3) address the applicant’s capability to con6 tinue the proposed program following the conclusion

7 of Federal support;

8 (4) identify related governmental or community

9 initiatives that complement or will be coordinated

10 with the proposal;

11 (5) certify that there has been appropriate con12 sultation with affected agencies and key stakeholders

13 throughout the criminal justice system and that

14 there will be continued coordination throughout the

15 implementation of the program; and

16 (6) describe the methodology that will be used

17 in evaluating the program.

18 SEC. 103. APPLICATIONS.

19 (a) IN GENERAL.—To request funds under this title,

20 interested applicants shall submit an application to the At21 torney General in such form and containing such informa22 tion as the Attorney General may reasonably require.

23 (b) COMPETITIVE GRANTS.—Federal funding shall be

24 awarded on a competitive basis based on criteria estab-
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1 lished by the Attorney General and specified in program

2 guidelines.

3 SEC. 104. FEDERAL SHARE.

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

5 made under this title may not exceed 75 percent of the

6 total cost of the program described in the application sub7 mitted for the fiscal year for which the program receives

8 assistance under section 101, unless the Attorney General

9 waives, wholly or in part, the requirement of a matching

10 contribution under this section.

11 (b) IN-KIND CONTRIBUTIONS.—In-kind contribu12 tions may constitute a portion of the non-Federal share

13 of a grant.

14 SEC. 105. GEOGRAPHIC DISTRIBUTION.

15 (a) IN GENERAL.—The Attorney General shall en16 sure that, to the extent practicable, an equitable geo17 graphic distribution of grant awards under this title is

18 made, with rural and tribal jurisdiction representation.

19 (b) MINIMUM ALLOCATION.—Unless all eligible appli20 cations submitted by any State or unit of local government

21 within such State for a grant under this section have been

22 funded, such State, together with grantees within the

23 State (other than Indian tribes), shall be allocated in each

24 fiscal year under this section not less than 0.75 percent
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1 of the total amount appropriated in the fiscal year for

2 grants pursuant to this section.

3 SEC. 106. TECHNICAL ASSISTANCE, TRAINING, AND EVAL4 UATION.

5 (a) TECHNICAL ASSISTANCE AND TRAINING.—The

6 Attorney General shall provide technical assistance and

7 training in furtherance of the purposes of this title.

8 (b) EVALUATION.—In addition to any evaluation re9 quirements that may be prescribed for grantees, the Attor10 ney General may carry out or make arrangements for a

11 rigorous evaluation of the programs that receive support

12 under this title.

13 (c) ADMINISTRATION.—The technical assistance,

14 training, and evaluations authorized by this section may

15 be carried out directly by the Attorney General or through

16 grants, contracts, or cooperative agreements with other

17 entities.

18 SEC. 107. AUTHORIZATION OF APPROPRIATIONS.

19 (a) IN GENERAL.—There are authorized to be appro20 priated to carry out this title $75,000,000 for fiscal year

21 2001 and such sums as may be necessary for fiscal years

22 2002 through 2005.

23 (b) PERMANENT SET-ASIDE FOR RESEARCH AND

24 EVALUATION.—The Attorney General shall reserve not

25 less than 1 percent and no more than 3 percent of the
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1 sums appropriated under this section in each fiscal year

2 for research and evaluation of this program.

3 TITLE II—TRUTH-IN4 SENTENCING GRANT PROGRAMS

5 SEC. 201. TRUTH-IN-SENTENCING GRANT PROGRAMS.

6 (a) SHARING OF FUNDS WITH COUNTIES.—Section

7 20105(b) of the Violent Crime Control and Law Enforce8 ment Act of 1994 (42 U.S.C. 13705(b)) is amended to

9 read as follows:

10 ‘‘(b) ADDITIONAL REQUIREMENTS.—

11 ‘‘(1) ELIGIBILITY FOR GRANT.—To be eligible

12 to receive a grant under section 20103 or 20104, a

13 State shall—

14 ‘‘(A) provide assurances to the Attorney

15 General that the State has implemented or will

16 implement not later than 18 months after the

17 date of enactment of this subtitle, policies that

18 provide for the recognition of the rights of

19 crime victims; and

20 ‘‘(B) no later than December 31, 2000,

21 have a program of drug testing and interven22 tion for appropriate categories of convicted of23 fenders during periods of incarceration and

24 criminal justice supervision, with sanctions that

25 may include denial or revocation of release for
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1 positive drug tests, consistent with guidelines

2 issued by the Attorney General.

3 ‘‘(2) USE OF FUNDS.—Funds provided under

4 section 20103 or 20104 may be—

5 ‘‘(A) applied to the cost of offender drug

6 testing and appropriate intervention programs

7 during periods of incarceration and criminal

8 justice supervision, consistent with guidelines

9 issued by the Attorney General; and

10 ‘‘(B) used by the States to pay the costs

11 of providing to the Attorney General a baseline

12 study on their prison drug abuse problem, con13 sistent with guidelines issued by the Attorney

14 General.

15 ‘‘(3) SYSTEM OF SANCTIONS AND PENALTIES.—

16 ‘‘(A) IN GENERAL.—Beginning in fiscal

17 year 2001, and thereafter, States receiving

18 funds pursuant to section 20103 or 20104 shall

19 have a system of sanctions and penalties that

20 address drug trafficking within and into correc21 tional facilities under their jurisdiction, in ac22 cordance with guidelines issued by the Attorney

23 General.

24 ‘‘(B) REDUCTION FOR NONCOMPLIANCE.—

25 Beginning in fiscal year 2001, and each year
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1 thereafter, any State that the Attorney General

2 determines not to be in compliance with the

3 provisions of this paragraph shall have the

4 funds it would have otherwise been eligible to

5 receive under section 20103 or 20104 reduced

6 by 10 percent for each fiscal year for which the

7 Attorney General determines it does not com8 ply.

9 ‘‘(C) REALLOCATION.—Any funds that are

10 not allocated for failure to comply with this sec11 tion shall be reallocated to States that comply

12 with this section.’’.

13 (b) FORMULA FOR GRANTS.—Section 20106 of the

14 Violent Crime Control and Law Enforcement Act of 1994

15 (42 U.S.C. 13706) is amended by striking subsection (b)

16 and inserting the following:

17 ‘‘(b) FORMULA ALLOCATION.—The amount made

18 available to carry out this section for any fiscal year under

19 section 20104 shall be allocated as follows:

20 ‘‘(1) 0.75 percent shall be allocated to each

21 State that meets the requirements of sections 20103

22 and 20104, except that the United States Virgin Is23 lands, American Samoa, Guam, and the Northern

24 Mariana Islands each shall be allocated 0.05 per25 cent.
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1 ‘‘(2) The amount remaining after the applica2 tion of paragraph (1) shall be allocated to each

3 State that meets the requirements of section 20104

4 in the ratio that the average annual number of part

5 1 violent crimes reported by that State to the Fed6 eral Bureau of Investigation for the 3 years pre7 ceding the year in which the determination is made

8 bears to the average annual number of part 1 violent

9 crimes reported by States that meet the require10 ments of section 20104 to the Federal Bureau of In11 vestigation for the 3 years preceding the year in

12 which the determination is made, except that a State

13 may not receive more than 25 percent of the total

14 amount available for those grants.’’.

15 TITLE III—REESTABLISHMENT

16 OF DRUG COURTS

17 SEC. 301. REESTABLISHMENT OF DRUG COURTS.

18 (a) DRUG COURTS.—Title I of the Omnibus Crime

19 Control and Safe Streets Act of 1968 (42 U.S.C. 3711

20 et seq.) is amended by inserting after part U the following

21 new part:

22 ‘‘PART V—DRUG COURTS

23 ‘‘SEC. 2201. GRANT AUTHORITY.

24 ‘‘The Attorney General may make grants to States,

25 State courts, local courts, units of local government, and
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1 Indian tribal governments, acting directly or through

2 agreements with other public or private entities, for pro3 grams that involve—

4 ‘‘(1) continuing judicial supervision over offend5 ers with substance abuse problems who are not vio6 lent offenders; and

7 ‘‘(2) the integrated administration of other

8 sanctions and services, which shall include—

9 ‘‘(A) mandatory periodic testing for the

10 use of controlled substances or other addictive

11 substances during any period of supervised re12 lease or probation for each participant;

13 ‘‘(B) substance abuse treatment for each

14 participant;

15 ‘‘(C) diversion, probation, or other super16 vised release involving the possibility of prosecu17 tion, confinement, or incarceration based on

18 noncompliance with program requirements or

19 failure to show satisfactory progress; and

20 ‘‘(D) offender management, and aftercare

21 services such as relapse prevention, health care,

22 education, vocational training, job placement,

23 housing placement, and child care or other fam24 ily support services for each participant who re25 quires such services.
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1 ‘‘SEC. 2202. PROHIBITION OF PARTICIPATION BY VIOLENT

2 OFFENDERS.

3 ‘‘The Attorney General shall—

4 ‘‘(1) issue regulations or guidelines to ensure

5 that the programs authorized in this part do not

6 permit participation by violent offenders; and

7 ‘‘(2) immediately suspend funding for any grant

8 under this part, pending compliance, if the Attorney

9 General finds that violent offenders are participating

10 in any program funded under this part.

11 ‘‘SEC. 2203. DEFINITION.

12 ‘‘In this part, the term ‘violent offender’ means a per13 son who—

14 ‘‘(1) is charged with or convicted of an offense,

15 during the course of which offense or conduct—

16 ‘‘(A) the person carried, possessed, or used

17 a firearm or dangerous weapon;

18 ‘‘(B) there occurred the death of or serious

19 bodily injury to any person; or

20 ‘‘(C) there occurred the use of force

21 against the person of another, without regard to

22 whether any of the circumstances described in

23 subparagraph (A) or (B) is an element of the

24 offense or conduct of which or for which the

25 person is charged or convicted; or
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1 ‘‘(2) has 1 or more prior convictions for a fel2 ony crime of violence involving the use or attempted

3 use of force against a person with the intent to

4 cause death or serious bodily harm.

5 ‘‘SEC. 2204. ADMINISTRATION.

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

7 consult with the Secretary of Health and Human Services

8 and any other appropriate officials in carrying out this

9 part.

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

11 may utilize any component or components of the Depart12 ment of Justice in carrying out this part.

13 ‘‘(c) REGULATORY AUTHORITY.—The Attorney Gen14 eral may issue regulations and guidelines necessary to

15 carry out this part.

16 ‘‘(d) APPLICATIONS.—In addition to any other re17 quirements that may be specified by the Attorney General,

18 an application for a grant under this part shall—

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

20 implementation plan;

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

22 program adequately without Federal assistance;

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

24 will be used to supplement, and not supplant, State,
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1 Indian tribal, and local sources of funding that

2 would otherwise be available;

3 ‘‘(4) identify related governmental or commu4 nity initiatives which complement or will be coordi5 nated with the proposal;

6 ‘‘(5) certify that there has been appropriate

7 consultation with all affected agencies and that there

8 will be appropriate coordination with all affected

9 agencies in the implementation of the program;

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

11 supervised by 1 or more designated judges with re12 sponsibility for the drug court program;

13 ‘‘(7) specify plans for obtaining necessary sup14 port and continuing the proposed program following

15 the conclusion of Federal support; and

16 ‘‘(8) describe the methodology that will be used

17 in evaluating the program.

18 ‘‘SEC. 2205. APPLICATIONS.

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

20 or the chief justice of a State or the chief executive or

21 chief judge of a unit of local government or Indian tribal

22 government, or the chief judge of a State or local court

23 or Indian tribal court shall submit an application to the

24 Attorney General in such form and containing such infor25 mation as the Attorney General may reasonably require.
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1 ‘‘SEC. 2206. FEDERAL SHARE.

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

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

4 total costs of the program described in the application sub5 mitted under section 2205 for the fiscal year for which

6 the program receives assistance under this part, unless the

7 Attorney General waives, wholly or in part, the require8 ment of a matching contribution under this section.

9 ‘‘(b) IN-KIND CONTRIBUTIONS.—In-kind contribu10 tions may constitute a portion of the non-Federal share

11 of a grant.

12 ‘‘SEC. 2207. GEOGRAPHIC DISTRIBUTION.

13 ‘‘The Attorney General shall ensure that, to the ex14 tent practicable, an equitable geographic distribution of

15 grant awards is made.

16 ‘‘SEC. 2208. REPORT.

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

18 government that receives funds under this part during a

19 fiscal year shall submit to the Attorney General a report

20 in March of the following year regarding the effectiveness

21 of this part.

22 ‘‘SEC. 2209. TECHNICAL ASSISTANCE, TRAINING, AND EVAL23 UATION.

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

25 Attorney General may provide technical assistance and

26 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, the At3 torney General may carry out or make arrangements for

4 evaluations of programs that receive support under this

5 part.

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

7 training, and evaluations authorized by this section may

8 be carried out directly by the Attorney General, in collabo9 ration with the Secretary of Health and Human Services,

10 or through grants, contracts, or other cooperative arrange11 ments with other entities.’’.

12 (b) TECHNICAL AMENDMENT.—The table of contents

13 of title I of the Omnibus Crime Control and Safe Streets

14 Act of 1968 (42 U.S.C. 3711 et seq.) is amended by in15 serting after the matter relating to part U the following:

‘‘PART V—DRUG COURTS

‘‘Sec. 2201. Grant authority.

‘‘Sec. 2202. Prohibition of participation by violent offenders.

‘‘Sec. 2203. Definition.

‘‘Sec. 2204. Administration.

‘‘Sec. 2205. Applications.

‘‘Sec. 2206. Federal share.

‘‘Sec. 2207. Geographic distribution.

‘‘Sec. 2208. Report.

‘‘Sec. 2209. Technical assistance, training, and evaluation.’’.

16 SEC. 302. AUTHORIZATION OF APPROPRIATIONS.

17 Section 1001(a) of title I of the Omnibus Crime Con18 trol and Safe Streets Act of 1968 (42 U.S.C. 3793) is

19 amended—
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1 (1) in paragraph (3), by inserting ‘‘V’’ between

2 ‘‘U’’ and ‘‘W’’; and

3 (2) by adding at the end the following new

4 paragraph:

5 ‘‘(20)(A) There are authorized to be appro6 priated for fiscal year 2001 the sum of $50,000,000

7 and for fiscal years 2002 through 2005 such sums

8 as may be necessary to carry out part V.

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

10 less than 1 percent and not more than 3 percent of

11 the sums appropriated for this program in each fis12 cal year for research and evaluation of this pro13 gram.’’.

14 TITLE IV—MISCELLANEOUS

15 PROVISIONS

16 SEC. 401. REAUTHORIZATION OF THE RESIDENTIAL SUB17 STANCE ABUSE TREATMENT GRANT PRO18 GRAM.

19 Paragraph (17) of section 1001(a) of title I of the

20 Omnibus Crime Control and Safe Streets Act of 1968 (42

21 U.S.C. 3793(a)(17)) is amended to read as follows:

22 ‘‘(17) There are authorized to be appropriated

23 to carry out part S $65,100,000 for fiscal year 2001

24 and such sums as may be necessary for fiscal years

25 2002 through 2005.’’.
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1 SEC. 402. USE OF RESIDENTIAL SUBSTANCE ABUSE TREAT2 MENT GRANTS TO PROVIDE FOR SERVICES

3 DURING AND AFTER INCARCERATION.

4 Section 1901 of title I of the Omnibus Crime Control

5 and Safe Streets Act of 1968 (42 U.S.C. 3796ff) is

6 amended by adding at the end the following:

7 ‘‘(c) ADDITIONAL USE OF FUNDS.—States that dem8 onstrate that they have existing in-prison drug treatment

9 programs that are in compliance with Federal require10 ments may use funds awarded under this part for treat11 ment and sanctions both during incarceration and after

12 release.’’.

13 SEC. 403. EXCEPTIONS TO TIME LIMITS FOR BYRNE PRO14 GRAM GRANTS FOR CERTAIN PURPOSES.

15 Section 504(f) of the Omnibus Crime Control and

16 Safe Streets Act of 1968 (42 U.S.C. 3754(f)) is amended

17 to read as follows:

18 ‘‘(f) PROGRAMS ALREADY RECEIVING FUNDS.—No

19 funds may be awarded under this part to a grant recipient

20 for a program or project for which funds have been award21 ed under this chapter for 4 years (in the aggregate), in22 cluding any period occurring before the effective date of

23 this subsection except for grants to State and local govern24 ments for—

25 ‘‘(1) participating in multijurisdictional drug

26 task forces and gang task forces;
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1 ‘‘(2) victim assistance programs;

2 ‘‘(3) drug and alcohol abuse treatment in pris3 ons and jails;

4 ‘‘(4) community-based programs for adult and

5 juvenile drug-dependent and alcohol-dependent of6 fenders;

7 ‘‘(5) monitoring of drug-dependent offenders;

8 ‘‘(6) those innovative programs that dem9 onstrate new and different approaches to enforce10 ment, prosecution, and adjudication of drug and

11 other serious crimes that include all aspects of com12 munity-based intervention, surveillance, and super13 vision; and

14 ‘‘(7) providing alternatives to prevent detention,

15 jail, and prison for persons who pose no danger to

16 the community.’’.

17 SEC. 404. PROVISION TO FREE EXISTING PRISON SPACE

18 FOR VIOLENT OFFENDER INCARCERATION.

19 (a) IN GENERAL.—Section 20105 of part A of the

20 Violent Crime Control and Law Enforcement Act of 1994

21 (42 U.S.C. 13705) is amended by—

22 (1) redesignating subsections (d) and (e), as

23 subsections (f) and (g), respectively; and

24 (2) inserting after subsection (c) the following:
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1 ‘‘(d) GRADUATED SANCTIONS.—Notwithstanding any

2 other provision of this part, any State or unit of local gov3 ernment which has unexpended funds granted to it under

4 section 20103 or 20104 for the fiscal years 1996 through

5 2001, may expend not more than 25 percent of such funds

6 for the implementation of graduated sanctions or sen7 tencing alternatives to incarceration, provided that such

8 implementation shall be undertaken by said State or unit

9 of local government for the purpose of freeing suitable ex10 isting prison space for the confinement of persons con11 victed of part 1 violent crimes.

12 ‘‘(e) DEFINITION.—For purposes of subsection (d),

13 the term ‘graduated sanctions’—

14 ‘‘(1) means tangible, proportional consequences

15 that hold offenders accountable and are imposed on

16 offenders for every offense, that escalate in intensity

17 with each subsequent, more serious offense, that are

18 suited to the offense, and that also take equally into

19 account public safety considerations and concern for

20 crime victims; and

21 ‘‘(2) includes intensive community supervision,

22 regular drug testing, and treatment supervised by

23 drug courts or other criminal justice agencies, victim

24 and community restitution, and certain, but short25 term, incarceration.’’.
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1 (b) AUTHORIZATION OF APPROPRIATIONS.—Sub2 section (a) of section 20108 of part A of the Violent Crime

3 Control and Law Enforcement Act of 1994 (42 U.S.C.

4 13708(a)) is amended to read as follows:

5 ‘‘(a) AUTHORIZATIONS.—There are authorized to be

6 appropriated to carry out this part such sums as may be

7 necessary for fiscal years 2001 through 2005.’’.

Æ