II
Calendar No. 269
103D CONGRESS
1ST SESSION
H. R. 3350
IN THE SENATE OF THE UNITED STATES
NOVEMBER 4 (legislative day, NOVEMBER 2), 1993
Received; read twice and placed on the calendar
AN ACT
To establish a program of residential substance abuse
treatment within Federal prisons.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SUBSTANCE ABUSE TREATMENT IN FEDERAL
PRISONS.
Section 3621 of title 18, United States Code, is
amended—
(1) in the last sentence of subsection (b), by
striking ‘‘, to the extent practicable,’’; and
(2) by adding at the end the following new sub-
section:
‘‘(e) SUBSTANCE ABUSE TREATMENT.—
‘‘(1) PHASE-IN.—In order to carry out the re-
quirement of the last sentence of subsection (b) of
this section, that every prisoner with a substance
abuse problem have the opportunity to participate in
appropriate substance abuse treatment, the Bureau
of Prisons shall provide substance abuse treat-
ment—
‘‘(A) for not less than 50 percent of eligi-
ble prisoners by the end of fiscal year 1995,
with priority for such treatment accorded based
on an eligible prisoner’s proximity to release
date;
‘‘(B) for not less than 75 percent of eligi-
ble prisoners by the end of fiscal year 1996,
with priority for such treatment accorded based
on an eligible prisoner’s proximity to release
date; and
‘‘(C) for all eligible prisoners by the end of
fiscal year 1997 and thereafter, with priority
for such treatment accorded based on an eligi-
ble prisoner’s proximity to release date.
‘‘(2) INCENTIVE FOR PRISONERS’ SUCCESSFUL
COMPLETION OF TREATMENT PROGRAM.—
‘‘(A) GENERALLY.—Any prisoner who, in
the judgment of the Director of the Bureau of
Prisons, has successfully completed a program
of residential substance abuse treatment pro-
vide under paragraph (1) of this subsection,
shall remain in the custody of the Bureau for
such time (as limited by subparagraph (B) of
this paragraph) and under such conditions, as
the Bureau deems appropriate. If the conditions
of confinement are different from those the
prisoner would have experienced absent the suc-
cessful completion of the treatment, the Bureau
shall periodically test the prisoner for substance
abuse and discontinue such conditions on deter-
mining that substance abuse has recurred.
‘‘(B) PERIOD
OF
CUSTODY.—The period
the prisoner remains in custody after success-
fully completing a treatment program shall not
exceed the prison term the law would otherwise
require such prisoner to serve, but may not be
less than such term minus one year.
‘‘(3) REPORT.—The Bureau of Prisons shall
transmit to the Committees on the Judiciary of the
Senate and the House of Representatives on Janu-
ary 1, 1995, and on January 1 of each year there-
after, a report. Such report shall contain—
‘‘(A) a detailed quantitative and qualitative
description of each substance abuse treatment
program, residential or not, operated by the
Bureau;
‘‘(B) a full explanation of how eligibility
for such programs is determined, with complete
information on what proportion of prisoners
with substance abuse problems are eligible, and
‘‘(C) a complete statement of to what ex-
tent the Bureau has achieved compliance with
the requirements of this title.
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated in each fis-
cal year such sums as may be necessary to carry out
this subsection.
‘‘(5) DEFINITIONS.—As used in this sub-
section—
‘‘(A) the term ‘residential substance abuse
treatment’ means a course of individual and
group activities, lasting between 6 and 12
months, in residential treatment facilities set
forth from the general prison population—
‘‘(i) directed at the substance abuse
problems of the prisoner; and
‘‘(ii) intended to develop the pris-
oner’s cognitive, behavorial, social, voca-
tional, and other skills so as to solve the
prisoner’s substance abuse and related
problems; and
‘‘(B) the term ‘eligible prisoner’ means a
prisoner who is—
‘‘(i) determined by the Bureau of
Prisons to have a substance abuse prob-
lem; and
‘‘(ii) willing to participate in a resi-
dential substance abuse treatment pro-
gram.’’.
Passed the House of Representatives November 3,
1993.
Attest:
DONNALD K. ANDERSON,
Clerk.