I
106TH CONGRESS
2D SESSION
H. R. 5608
To establish alternative sentencing procedures for certain nonviolent drug
offenses.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 31, 2000
Mr. CONYERS introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To establish alternative sentencing procedures for certain
nonviolent drug offenses.
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 ‘‘Federal Drug Treat-
ment Alternative Sentencing Act of 2000’’.
SEC. 2. ESTABLISHMENT.
Notwithstanding any other provision of law, the
court, upon the conviction of an individual for a mis-
demeanor under section 404(a) of the Controlled Sub-
stances Act (21 U.S.C. 844(a)), if the individual is a de-
fendant described in section 3553(f)(2) of title 18, United
States Code, shall consider sentencing that individual to
a term of probation that includes a condition, or a term
of imprisonment that includes a recommendation, of par-
ticipation in substance abuse treatment, including a reha-
bilitation program as described under this Act.
SEC. 3. PROBATION PROGRAMS.
(a) GENERALLY.—If the court orders probation pur-
suant to section 2, the sentence of probation shall be sub-
ject to subtitle B of chapter 227 of title 18, United States
Code. In considering discretionary conditions of probation
under section 3563(b) of such title, the court shall con-
sider and use, where appropriate to assure participation
in substance abuse treatment, any of the following:
(1) Day fines.
(2) House arrest.
(3) Electronic monitoring.
(4) Intensive probation supervision.
(5) Day reporting centers.
(6) Victim-offender reconciliation.
(7) Intermittent confinement.
(8) Treatment in a therapeutic community.
(b) ALTERNATIVE SENTENCE.—In order to assure
participation in substance abuse treatment each offender
who participates in a substance abuse program pursuant
to this section shall serve a sentence of imprisonment with
respect to the underlying offense if that offender does not
successfully complete such a substance abuse treatment
program.
(c) PREFERENCE
FOR
COMMUNITY-BASED
PRO-
GRAMS.—The court shall order, to the greatest extent
practicable, that substance abuse treatment for an indi-
vidual sentenced under subsection (a) shall be provided in
the locality in which the individual resides.
SEC. 4. REHABILITATION PROGRAM.
(a) IN GENERAL.—The Bureau of Prisons (herein-
after in this Act referred to as the ‘‘Bureau’’) shall main-
tain a rehabilitation program for offenders sentenced to
incarceration under this Act. The program shall consist
of—
(1) residential substance abuse treatment; and
(2) aftercare services.
(b) REPORT.—The Bureau of Prisons shall transmit
to the Congress on January 1, 2002, and on January 1
of each year thereafter, a report. Such report shall
contain—
(1) a detailed quantitative and qualitative de-
scription of each substance abuse treatment pro-
gram, residential or not, operated by the Bureau;
and
(2) a complete statement of to what extent the
Bureau has achieved compliance with the require-
ments of this Act.
SEC. 5. DEFINITIONS.
As used in this Act—
(1) the term ‘‘residential substance abuse treat-
ment’’ means a course of individual and group ac-
tivities, lasting between 9 and 12 months, in residen-
tial treatment programs—
(A) directed at the substance abuse prob-
lems of the convicted person;
(B) intended to develop a person’s cog-
nitive, behavioral, social, vocational, and other
skills so as to solve the convicted person’s sub-
stance abuse and related problems; and
(C) shall include—
(i) addiction education;
(ii) individual, group, and family
counseling pursuant to individualized treat-
ment plans;
(iii) opportunity for involvement in Al-
coholics Anonymous, Narcotics Anony-
mous, or Cocaine Anonymous;
(iv) parenting skills training, domestic
violence counseling, and sexual abuse coun-
seling, where appropriate;
(v) HIV education counseling and
testing, when requested, and early inter-
vention services for seropositive individ-
uals;
(vi) services that facilitate access to
health and social services, where appro-
priate and to the extent available; and
(vii) planning for and counseling to
assist reentry into society, including refer-
rals to appropriate educational, vocational,
and other employment-related programs
(to the extent available), referrals, to ap-
propriate outpatient or other drug or alco-
hol 
treatment, 
counseling, 
transitional
housing, and assistance in obtaining suit-
able affordable housing and employment
upon completion of treatment (and release
from prison, if applicable);
(2) the term ‘‘aftercare services’’ means a
course of individual and group treatment for a min-
imum of one year or for the remainder of the term
of incarceration if less than one year, involving sus-
tained and frequent interaction with individuals who
have successfully completed a program of residential
substance abuse treatment, and shall include con-
sistent personal interaction between the individual
and a primary counselor or case manager, participa-
tion in group and individual counseling sessions, so-
cial activities targeted toward a recovering substance
abuser, and, where appropriate, more intensive inter-
vention; and
(3) the term ‘‘substance abuse or dependency’’
means the abuse of drugs or alcohol.
SEC. 6. STUDY OF THE EFFECT OF MANDATORY MINIMUM
SENTENCES FOR NONVIOLENT CONTROLLED
SUBSTANCE OFFENSES.
The Attorney General shall within 1 year after the
enactment of this Act to the Committees on the Judiciary
of the House of Representatives and Senate issue a report
on the racial impact of mandatory minimum sentences for
controlled substance offenses, their effectiveness in reduc-
ing drug-related crime by nonviolent offenders in contrast
with other approaches such as drug treatment programs,
and the appropriateness of the use of such sentences on
nonviolent offenders.
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