I
105TH CONGRESS
1ST SESSION
H. R. 1644
To provide for programs that involve continuing judicial supervision over
offenders with substance abuse problems who are not violent offenders.
IN THE HOUSE OF REPRESENTATIVES
MAY 15, 1997
Ms. WATERS (for herself, Mr. CUMMINGS, Mr. HILLIARD, Mr. JACKSON of Il-
linois, Ms. JACKSON-LEE of Texas, Ms. MCKINNEY, Mrs. MEEK of Flor-
ida, Mr. THOMPSON, Ms. BROWN of Florida, Mr. RUSH, Mr. TOWNS, Mr.
DIXON, Mr. STOKES, Mr. CONYERS, Mr. DELLUMS, Mr. RANGEL, Mrs.
CLAYTON, Ms. KILPATRICK, Mr. CLYBURN, Mr. FORD, Mr. DAVIS of Illi-
nois, Mr. OWENS, Mr. WATT of North Carolina, Mr. WYNN, Mr. SCOTT,
Mr. HASTINGS of Florida, Ms. CHRISTIAN-GREEN, Ms. CARSON, Ms.
NORTON, Mr. PAYNE, Mr. CLAY, Mr. JEFFERSON, Ms. EDDIE BERNICE
JOHNSON of Texas, Mr. FATTAH, Mr. LEWIS of Georgia, and Ms.
MILLENDER-MCDONALD) introduced the following bill; which was re-
ferred to the Committee on the Judiciary
A BILL
To provide for programs that involve continuing judicial su-
pervision over offenders with substance abuse problems
who are not violent offenders.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
TITLE I—DRUG COURTS
SEC. 101. GRANT AUTHORITY.
The Attorney General may make grants 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, for pro-
grams that involve—
(1) continuing judicial supervision over offend-
ers with substance abuse problems who are not vio-
lent offenders; and
(2) the integrated administration of other sanc-
tions and services, which shall include—
(A) mandatory periodic testing for the use
of controlled substances or other addictive sub-
stances during any period of supervised release
or probation for each participant;
(B) substance abuse treatment for each
participant;
(C) diversion, probation, or other super-
vised release involving the possibility of prosecu-
tion, confinement, or incarceration based on
noncompliance with program requirements or
failure to show satisfactory progress; and
(D) programmatic, offender management,
and aftercare services such as relapse preven-
tion, health care, education, vocational training,
job placement, housing placement, and child
care or other family support services for each
participant who requires such services.
SEC. 102. ADMINISTRATION.
(a) CONSULTATION.—The Attorney General shall
consult with the Secretary of Health and Human Services
and any other appropriate officials in carrying out this
title.
(b) USE OF COMPONENTS.—The Attorney General
may utilize any component or components of the Depart-
ment of Justice in carrying out this title.
(c) REGULATORY AUTHORITY.—The Attorney Gen-
eral may issue regulations and guidelines necessary to
carry out this title.
(d) APPLICATIONS.—In addition to any other require-
ments that may be specified by the Attorney General, an
application for a grant under this title shall—
(1) include a long-term strategy and detailed
implementation plan;
(2) explain the applicant’s inability to fund the
program adequately without Federal assistance;
(3) certify that the Federal support provided
will be used to supplement, and not supplant, State,
Indian tribal, and local sources of funding that
would otherwise be available;
(4) identify related governmental or community
initiatives which complement or will be coordinated
with the proposal;
(5) certify that there has been appropriate con-
sultation with all affected agencies and that there
will be appropriate coordination with all affected
agencies in the implementation of the program;
(6) certify that participating offenders will be
supervised by one or more designated judges with re-
sponsibility for the drug court program;
(7) specify plans for obtaining necessary sup-
port and continuing the proposed program following
the conclusion of Federal support; and
(8) describe the methodology that will be used
in evaluating the program.
SEC. 103. APPLICATIONS.
To request funds under this title, the chief executive
or the chief justice of a State or the chief executive or
chief judge of a unit of local government or Indian tribal
government shall submit an application to the Attorney
General in such form and containing such information as
the Attorney General may reasonably require.
SEC. 104. FEDERAL SHARE.
The Federal share of a grant made under this title
may not exceed 75 percent of the total costs of the pro-
gram described in the application submitted under section
103 for the fiscal year for which the program receives as-
sistance under this title, unless the Attorney General
waives, wholly or in part, the requirement of a matching
contribution under this section. In-kind contributions may
constitute a portion of the non-Federal share of a grant.
SEC. 105. GEOGRAPHIC DISTRIBUTION.
The Attorney General shall ensure that, to the extent
practicable, an equitable geographic distribution of grant
awards is made.
SEC. 106. REPORT.
A State, Indian tribal government, or unit of local
government that receives funds under this title during a
fiscal year shall submit to the Attorney General a report
in March of the following year regarding the effectiveness
of this title.
SEC. 107. TECHNICAL ASSISTANCE, TRAINING, AND EVAL-
UATION.
(a) TECHNICAL ASSISTANCE AND TRAINING.—The
Attorney General may provide technical assistance and
training in furtherance of the purposes of this title.
(b) EVALUATIONS.—In addition to any evaluation re-
quirements that may be prescribed for grantees, the Attor-
ney General may carry out or make arrangements for eval-
uations of programs that receive support under this title.
(c) ADMINISTRATION.—The technical assistance,
training, and evaluations authorized by this section may
be carried out directly by the Attorney General, in collabo-
ration with the Secretary of Health and Human Services,
or through grants, contracts, or other cooperative arrange-
ments with other entities.
SEC. 108. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out this title, there are
authorized to be appropriated $200,000,000 for fiscal year
1998, and such sums as may be necessary for each of the
fiscal years 1999 through 2002.
TITLE II—YOUTH COURTS
SEC. 201. YOUTH COURTS.
From amounts appropriated under section 202, the
Attorney General shall carry out a program in accordance
with title I, except as follows:
(1) The program under this title shall be car-
ried out only with respect to individuals who are
under the age of 21 (individually referred to in this
section as a ‘‘youth’’).
(2) A youth may participate in the program
only if a parent or other legal guardian of the youth
participates in the program.
SEC. 202. AUTHORIZATION OF APPROPRIATIONS.
For the purpose of carrying out section 201, there
are authorized to be appropriated $50,000,000 for fiscal
year 1998, and such sums as may be necessary for each
of the fiscal years 1999 through 2002.
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