(2) Nationwide, 75 percent of participants who 
successfully complete a drug court program remain 
arrest-free for at least 2 years after leaving the pro-
gram, and some studies demonstrate that many 
graduates remain arrest-free for many more years. 
(3) Drug courts are 6 times more likely than 
other sentencing options to keep offenders in treat-
ment long enough to recover, and in programs with 
less supervision than drug courts, 70 percent of par-
ticipants drop out of treatment permanently. 
(4) Nationwide, for every $1 invested in drug 
courts, taxpayers save as much as $3.36. 
(5) In 2007, for every Federal dollar invested 
in drug courts, $9 was leveraged in State funding. 
SEC. 2. DRUG COURTS. 
(a) IN GENERAL.—Part EE of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3797u 
et seq.) is amended to read as follows: 
‘‘PART EE—DRUG COURTS 
‘‘SEC. 2951. GRANT AUTHORITY. 
‘‘(a) IN GENERAL.—The Attorney General may make 
grants to States, State courts, local courts, units of local 
government, and Indian tribal governments, acting di-
rectly or through agreements with other public or private 
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entities, for adult drug courts, juvenile drug courts, family 
drug courts, and tribal drug courts that involve— 
‘‘(1) continuing judicial supervision over offend-
ers, and other individuals under the jurisdiction of 
the court, with substance abuse problems; 
‘‘(2) coordination with the appropriate State or 
local court, State or local substance abuse treatment 
authority, public defender, and prosecutor; and 
‘‘(3) the integrated administration of other 
sanctions and services, which shall include— 
‘‘(A) mandatory periodic testing for the 
use of controlled substances or other addictive 
substances during any period of supervised re-
lease or probation for each participant; 
‘‘(B) substance abuse treatment for each 
participant, commensurate with the clinical 
needs of the 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; 
‘‘(D) offender management and aftercare 
services such as relapse prevention, health care, 
education, vocational training, job placement, 
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housing placement, and child care or other fam-
ily support services for each participant who re-
quires such services; 
‘‘(E) payment, in whole or part, by the of-
fender of treatment costs, to the extent the 
court determines that such payment is prac-
ticable, such as costs for urinalysis or coun-
seling; and 
‘‘(F) payment, in whole or part, by the of-
fender of restitution, to the extent the court de-
termines that such payment is practicable, to 
either a victim of the offender’s offense or to a 
restitution or similar victim support fund. 
‘‘(b) LIMITATION.—Economic sanctions imposed on 
an offender pursuant to this section shall not be at a level 
that would interfere with the offender’s rehabilitation. 
‘‘(c) MANDATORY DRUG TESTING AND MANDATORY 
SANCTIONS.— 
‘‘(1) MANDATORY
TESTING.—Grant amounts 
under this part may be used for a drug court only 
if such court has mandatory periodic testing as de-
scribed in subsection (a)(3)(A). The Attorney Gen-
eral shall, by prescribing guidelines or regulations, 
specify standards for the timing and manner of com-
plying with such requirements. The standards— 
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‘‘(A) shall ensure that— 
‘‘(i) each participant is tested for 
every controlled substance that the partici-
pant has been known to abuse, and for any 
other controlled substance the Attorney 
General or the court may require; and 
‘‘(ii) such testing is accurate and 
practicable; and 
‘‘(B) may require approval of the drug 
testing regime to ensure that adequate testing 
occurs. 
‘‘(2) MANDATORY
SANCTIONS.—The Attorney 
General shall, by prescribing guidelines or regula-
tions, specify that grant amounts under this part 
may be used for a drug court only if such court im-
poses graduated sanctions that increase punitive 
measures, therapeutic measures, or both, whenever a 
participant fails a drug test. Such sanctions and 
measures may include one or more of the following: 
‘‘(A) Incarceration. 
‘‘(B) Increased time in the drug court pro-
gram. 
‘‘(C) Termination from such program. 
‘‘(D) Increased drug screening require-
ments. 
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‘‘(E) Increased court appearances. 
‘‘(F) Increased supervision. 
‘‘(G) Electronic monitoring. 
‘‘(H) In-home restriction. 
‘‘(I) Community service. 
‘‘SEC. 2952. 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 
part. 
‘‘(b) USE OF COMPONENTS.—The Attorney General 
may utilize any component or components of the Depart-
ment of Justice in carrying out this part. 
‘‘(c) REGULATORY AUTHORITY.—The Attorney Gen-
eral may issue regulations and guidelines necessary to 
carry out this part. 
‘‘SEC. 2953. APPLICATIONS. 
‘‘(a) IN GENERAL.—To request funds under this 
part, the chief executive or the chief justice of a State or 
the chief executive or judge of a unit of local government 
or Indian tribal government, or the chief judge of a State 
court or the judge of a local court or Indian tribal court 
shall submit an application to the Attorney General in 
such form and containing such information as the Attor-
ney General may require. 
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‘‘(b) CONTENT.—In addition to any other require-
ments that may be specified by the Attorney General, an 
application for a grant under this part shall— 
‘‘(1) include a long-term strategy and detailed 
implementation plan for the drug court program to 
be carried out under such grant; 
‘‘(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 commu-
nity initiatives which complement or will be coordi-
nated with the proposal; 
‘‘(5) certify that there has been and will con-
tinue to be appropriate consultation with all affected 
agencies in the implementation of the program; 
‘‘(6) certify that participating offenders will be 
supervised by 1 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; 
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‘‘(8) certify that statements made by an of-
fender during, or for admission to, a drug court pro-
gram (including to judges, prosecutors, defense 
counsel, social service providers, and other public 
health and public safety professionals who work in 
the drug court) regarding the offender’s drug use 
shall not be used as evidence against the offender in 
any criminal proceeding other than a proceeding 
that is part of the drug court program, including 
drug court proceedings involving sanctions, program 
termination, and related matters such as probation 
violation hearings based on noncompliance with the 
terms of participating in the drug court program; 
‘‘(9) certify that admission criteria for the pro-
gram— 
‘‘(A) are broad enough to ensure access for 
all drug-dependent, high-risk individuals under 
the court’s jurisdiction who are not violent of-
fenders; 
‘‘(B) do not discriminate based upon race, 
gender, religion, national origin, economic sta-
tus, or immigration status; and 
‘‘(C) are established by a panel or commis-
sion with broad representation from stake-
holders in the criminal justice community, in-
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cluding judges, prosecutors, defense counsel, 
and social service providers; 
‘‘(10) certify that the applicant has established 
a policy for the consideration and selection of offend-
ers who are not violent offenders to participate in 
the program, based on the admission criteria pursu-
ant to paragraph (9), that— 
‘‘(A) has been approved by the judge or 
judges with responsibility for the drug court 
program under paragraph (6) and any other 
parties responsible for such consideration and 
selection of offenders, including prosecutors, de-
fense counsel, and social service providers, as 
appropriate; 
‘‘(B) includes a process to ensure that the 
individual circumstances of offenders are con-
sidered to take into account mitigating factors 
related to the offender, as appropriate; and 
‘‘(C) ensures that the public safety needs 
of the applicant’s jurisdiction are met; 
‘‘(11) demonstrate the existence of adequate 
protections for participating offenders’ right to com-
petent counsel under the Sixth Amendment to the 
Constitution; 
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‘‘(12) outline ways for ensuring access to the 
program for offenders who are high-risk for contin-
ued substance abuse and drug-related crime, are fac-
ing the longest sentences, and are high-need based 
on drug dependency; 
‘‘(13) describe the methodology that will be 
used in evaluating the program, including dem-
onstration of research related to alternative sen-
tences for offenders whose illegal conduct was 
caused by drug dependency; and 
‘‘(14) certify that substance abuse treatment 
services provided to participants are licensed or ac-
credited by the State substance abuse authority and 
that State standards of care are utilized. 
‘‘(c) DEFINITION.—In this section: 
‘‘(1) The term ‘violent offender’ means an indi-
vidual who has committed an offense that, by its na-
ture, involves a substantial use of physical force with 
the specific intent to cause serious bodily injury or 
harm to another individual, as determined by the en-
tity applying for or receiving a grant under this 
part. 
‘‘(2) The term ‘sex offender’ means an indi-
vidual who has committed an act of sexual assault 
as such term is defined in section 40002 of the Vio-
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lence Against Women Act of 1994 (42 U.S.C. 
13925). 
‘‘SEC. 2954. FEDERAL SHARE. 
‘‘(a) IN GENERAL.—The Federal share of a grant 
made under this part may not exceed 75 percent of the 
total costs of the program described in the application sub-
mitted under section 2953 for the fiscal year for which 
the program receives assistance under this part, unless the 
Attorney General waives, wholly or in part, the require-
ment of a matching contribution under this section. 
‘‘(b) IN-KIND CONTRIBUTIONS.—In-kind contribu-
tions may constitute a portion of the non-Federal share 
of a grant. 
‘‘SEC. 2955. DISTRIBUTION AND ALLOCATION. 
‘‘(a) CONSIDERATION AND DISTRIBUTION.—The At-
torney General shall ensure that— 
‘‘(1) all States, State courts, local courts, units 
of local government, and Indian tribal governments 
are provided with an opportunity to apply and be 
considered for a grant under this part; and 
‘‘(2) to the extent practicable, an equitable geo-
graphic distribution of grant awards is made. 
‘‘(b) TECHNICAL ASSISTANCE AND TRAINING.—Un-
less one or more applications submitted by any State or 
unit of local government within such State (other than an 
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Indian tribe) for a grant under this part has been funded 
in any fiscal year, such State, together with eligible appli-
cants within such State, shall be provided targeted tech-
nical assistance and training by the Bureau of Justice As-
sistance to assist such State and such eligible applicants 
to successfully compete for future funding under this part, 
and to strengthen existing State drug court systems. In 
providing such technical assistance and training, the Bu-
reau of Justice Assistance shall consider and respond to 
the unique needs of rural States, rural areas, and rural 
communities. 
‘‘SEC. 2956. REPORT. 
‘‘A State, Indian tribal government, or unit of local 
government that receives funds under this part during a 
fiscal year shall submit to the Attorney General a descrip-
tion and an evaluation report on a date specified by the 
Attorney General regarding the effectiveness of this part. 
‘‘SEC. 2957. 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 part. 
‘‘(b) EVALUATIONS.—In addition to any evaluation 
requirements that may be prescribed for grantees (includ-
ing uniform data collection standards and reporting re-
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quirements), the Attorney General shall carry out or make 
arrangements for evaluations of programs that receive 
support under this part. 
‘‘(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.’’. 
(b) REAUTHORIZATION.—Paragraph (25) of section 
1001(a) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3793(a)) is amended to read as 
follows: 
‘‘(25)(A) There are authorized to be appro-
priated to carry out part EE— 
‘‘(i) $125,000,000 for fiscal year 2012; 
‘‘(ii) $150,000,000 for fiscal year 2013; 
‘‘(iii) $200,000,000 for fiscal year 2014; 
and 
‘‘(iv) $250,000,000 for each of fiscal years 
2015 through 2018. 
‘‘(B) The Attorney General shall reserve not 
less than 1 percent and not more than 4.5 percent 
of the sums appropriated for this program in each 
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fiscal year for research and evaluation of this pro-
gram.’’. 
Æ 
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