I
105TH CONGRESS
2D SESSION
H. R. 3606
To provide for drug testing of and interventions with incarcerated offenders
and reduce drug trafficking and related crime in correctional facilities.
IN THE HOUSE OF REPRESENTATIVES
MARCH 31, 1998
Mr. CONYERS (for himself and Mr. BARRETT of Wisconsin) introduced the
following bill; which was referred to the Committee on the Judiciary
A BILL
To provide for drug testing of and interventions with incar-
cerated offenders and reduce drug trafficking and related
crime in correctional facilities.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Drug Testing, Inter-
vention, and Trafficking Reduction Within Prisons Act of
1998’’.
SEC. 2. ADDITIONAL REQUIREMENTS FOR THE USE OF
FUNDS UNDER THE VIOLENT OFFENDER IN-
CARCERATION AND TRUTH-IN-SENTENCING
GRANTS PROGRAM.
Section 20105(b) of the Violent Crime Control and
Law Enforcement Act of 1994 is amended to read as fol-
lows:
‘‘(b) ADDITIONAL REQUIREMENTS.—
‘‘(1) ELIGIBILITY FOR GRANT.—To be eligible
to receive a grant under section 20103 or section
20104, a State shall—
‘‘(A) provide assurances to the Attorney
General that the State has implemented or will
implement not later than 18 months after the
date of the enactment of this subtitle, policies
that provide for the recognition of the rights of
crime victims; and
‘‘(B) no later than September 1, 1998,
have a program of drug testing and interven-
tion for appropriate categories of convicted of-
fenders during periods of incarceration and
criminal justice supervision, with sanctions in-
cluding denial or revocation of release for posi-
tive drug tests, consistent with guidelines issued
by the Attorney General.
‘‘(2) USE OF FUNDS.—Funds provided under
section 20103 or section 20104 of this subtitle may
be applied to the cost of offender drug testing and
appropriate intervention programs during periods of
incarceration and criminal justice supervision, con-
sistent with guidelines issued by the Attorney Gen-
eral. Further, such funds may be used by the States
to pay the costs of providing to the Attorney General
a baseline study on their prison drug abuse problem.
Such studies shall be consistent with guidelines
issued by the Attorney General.
‘‘(3) SYSTEM OF SANCTIONS AND PENALTIES.—
Beginning in fiscal year 2000, and thereafter, States
receiving funds pursuant to section 20103 or section
20104 of this subtitle shall have a system of sanc-
tions and penalties that address drug trafficking
within and into correctional facilities under their ju-
risdiction. Such systems shall be in accordance with
guidelines issued by the Attorney General. Begin-
ning in fiscal year 2000, and each year thereafter,
any State that the Attorney General determines not
to be in compliance with the provisions of this para-
graph, shall have the funds for which they would
have otherwise been eligible to receive under section
20103 or section 20104, reduced by 10 percent for
each fiscal year for which the Attorney General de-
termines they do not comply. Any funds that are not
allocated for failure to comply with this section shall
be reallocated to States that comply with this sec-
tion.’’.
SEC. 3. USE OF RESIDENTIAL SUBSTANCE ABUSE TREAT-
MENT GRANTS TO PROVIDE FOR SERVICES
DURING AND AFTER INCARCERATION.
Section 1901 of part S of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3796ff) is
amended by adding at the end the following:
‘‘(c) ADDITIONAL USE OF FUNDS.—States that dem-
onstrate that they have existing in-prison drug treatment
programs that are in compliance with Federal require-
ments, may use funds awarded under this part for treat-
ment and sanctions both during incarceration and after
release.’’.
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