I
106TH CONGRESS
1ST SESSION
H. R. 1114
To amend part S of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 to permit the use of certain amounts for assistance to
jail-based substance treatment programs, and for other purposes.
IN THE HOUSE OF REPRESENTATIVES
MARCH 16, 1999
Mr. BURTON of Indiana (for himself and Mr. LATOURETTE) introduced the
following bill; which was referred to the Committee on the Judiciary
A BILL
To amend part S of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 to permit the use of
certain amounts for assistance to jail-based substance
treatment programs, and for other purposes.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. JAIL-BASED SUBSTANCE ABUSE TREATMENT
PROGRAMS.
(a) IN GENERAL.—Part S of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3796ff et seq.) is amended by adding at the end the fol-
lowing:
‘‘SEC. 1906. JAIL-BASED SUBSTANCE ABUSE TREATMENT.
‘‘(a) DEFINITIONS.—In this section—
‘‘(1) the term ‘jail-based substance abuse treat-
ment program’ means a course of individual and
group activities, lasting for a period of not less than
3 months, in an area of a correctional facility set
apart from the general population of the correctional
facility, if those activities are—
‘‘(A) directed at the substance abuse prob-
lems of prisoners; and
‘‘(B) intended to develop the cognitive, be-
havioral, social, vocational, and other skills of
prisoners in order to address the substance
abuse and related problems of prisoners; and
‘‘(2) the term ‘local correctional facility’ means
any correctional facility operated by a unit of local
government.
‘‘(b) AUTHORIZATION.—
‘‘(1) IN GENERAL.—Not less than 10 percent of
the total amount made available to a State under
section 1904(a) for any fiscal year may be used by
the State to make grants to local correctional facili-
ties in the State for the purpose of assisting jail-
based substance abuse treatment programs estab-
lished by those local correctional facilities.
‘‘(2) FEDERAL SHARE.—The Federal share of a
grant made by a State under this section to a local
correctional facility may not exceed 75 percent of
the total cost of the jail-based substance abuse treat-
ment program described in the application submitted
under subsection (c) for the fiscal year for which the
program receives assistance under this section.
‘‘(c) APPLICATIONS.—
‘‘(1) IN GENERAL.—To be eligible to receive a
grant from a State under this section for a jail-
based substance abuse treatment program, the chief
executive of a local correctional facility shall submit
to the State, in such form and containing such infor-
mation as the State may reasonably require, an ap-
plication that meets the requirements of paragraph
(2).
‘‘(2) APPLICATION REQUIREMENTS.—Each ap-
plication submitted under paragraph (1) shall
include—
‘‘(A) with respect to the jail-based sub-
stance abuse treatment program for which as-
sistance is sought, a description of the program
and a written certification that—
‘‘(i) the program has been in effect
for not less than 2 consecutive years before
the date on which the application is sub-
mitted; and
‘‘(ii) the local correctional facility
will—
‘‘(I) coordinate the design and
implementation of the program be-
tween local correctional facility rep-
resentatives and the appropriate State
and local alcohol and substance abuse
agencies;
‘‘(II) implement (or continue to
require) proven reliable forms of sub-
stance abuse testing (other than self-
reporting) of individuals participating
in the program, including the testing
of individuals released from the jail-
based substance abuse treatment pro-
gram who remain in the custody of
the local correctional facility; and
‘‘(III) carry out the program in
accordance with guidelines, which
shall be established by the State, in
order to guarantee each participant in
the program access to continual care
if transferred to a different local cor-
rectional facility within the State;
‘‘(B) written assurances that Federal
funds received by the local correctional facility
from the State under this section will be used
to supplement, and not to supplant, non-Fed-
eral funds that would otherwise be available for
jail-based substance abuse treatment programs
assisted with amounts made available to the
local correctional facility under this section; and
‘‘(C) a description of the manner in which
amounts received by the local correctional facil-
ity from the State under this section will be co-
ordinated with Federal assistance for substance
abuse treatment and aftercare services provided
to the local correctional facility by the Sub-
stance Abuse and Mental Health Services Ad-
ministration of the Department of Health and
Human Services.
‘‘(d) REVIEW OF APPLICATIONS.—
‘‘(1) IN GENERAL.—Upon receipt of an applica-
tion under subsection (c), the State shall—
‘‘(A) review the application to ensure that
the application, and the jail-based residential
substance abuse treatment program for which a
grant under this section is sought, meet the re-
quirements of this section; and
‘‘(B) if so, make an affirmative finding in
writing that the jail-based substance abuse
treatment program for which assistance is
sought meets the requirements of this section.
‘‘(2) APPROVAL.—Based on the review con-
ducted under paragraph (1), not later than 90 days
after the date on which an application is submitted
under subsection (c), the State shall—
‘‘(A) approve the application, disapprove
the application, or request a continued evalua-
tion of the application for an additional period
of 90 days; and
‘‘(B) notify the applicant of the action
taken under subparagraph (A) and, with re-
spect to any denial of an application under sub-
paragraph (A), afford the applicant an oppor-
tunity for reconsideration.
‘‘(3) ELIGIBILITY
FOR
PREFERENCE
WITH
AFTERCARE COMPONENT.—
‘‘(A) IN
GENERAL.—In making grants
under this section, a State shall give preference
to applications from local correctional facilities
that ensure that each participant in the jail-
based substance abuse treatment program for
which a grant under this section is sought, is
required to participate in an aftercare services
program that meets the requirements of sub-
paragraph (B), for a period of not less than 1
year following the earlier of—
‘‘(i) the date on which the participant
completes the jail-based substance abuse
treatment program; or
‘‘(ii) the date on which the participant
is released from the correctional facility at
the end of the participant’s sentence or is
released on parole.
‘‘(B) AFTERCARE SERVICES PROGRAM RE-
QUIREMENTS.—For purposes of subparagraph
(A), an aftercare services program meets the re-
quirements of this paragraph if the program—
‘‘(i) in selecting individuals for par-
ticipation in the program, gives priority to
individuals who have completed a jail-based
substance abuse treatment program;
‘‘(ii) requires each participant in the
program to submit to periodic substance
abuse testing; and
‘‘(iii) involves the coordination be-
tween the jail-based substance abuse treat-
ment program and other human service
and rehabilitation programs that may as-
sist in the rehabilitation of program par-
ticipants, including—
‘‘(I) educational and job training
programs;
‘‘(II) parole and probation super-
vision programs;
‘‘(III) half-way house programs
or other community corrections pro-
grams; and
‘‘(IV) participation in self-help
and peer group programs; and
‘‘(iv) assists in placing jail-based sub-
stance abuse treatment program partici-
pants with appropriate community sub-
stance abuse treatment facilities upon re-
lease from the correctional facility at the
end of a sentence or on parole.
‘‘(e) COORDINATION AND CONSULTATION.—
‘‘(1) COORDINATION.—Each State that makes
1 or more grants under this section in any fiscal
year shall, to the maximum extent practicable, im-
plement a statewide communications network with
the capacity to track the participants in jail-based
substance abuse treatment programs established by
local correctional facilities in the State as those par-
ticipants move between local correctional facilities
within the State.
‘‘(2) CONSULTATION.—Each State described in
paragraph (1) shall consult with the Attorney Gen-
eral and the Secretary of Health and Human Serv-
ices to ensure that each jail-based substance abuse
treatment program assisted with a grant made by
the State under this section incorporates applicable
components of comprehensive approaches, including
relapse prevention and aftercare services.
‘‘(f) USE OF GRANT AMOUNTS.—
‘‘(1) IN GENERAL.—Each local correctional fa-
cility that receives a grant under this section shall
use the grant amount solely for the purpose of car-
rying out the jail-based substance abuse treatment
program described in the application submitted
under subsection (c).
‘‘(2) ADMINISTRATION.—Each local correctional
facility that receives a grant under this section shall
carry out all activities relating to the administration
of the grant amount, including reviewing the manner
in which the amount is expended, processing, moni-
toring the progress of the program assisted, finan-
cial reporting, technical assistance, grant adjust-
ments, accounting, auditing, and fund disbursement.
‘‘(3) RESTRICTION.—A local correctional facil-
ity may not use any amount of a grant under this
section for land acquisition or a construction project.
‘‘(g) REPORTING REQUIREMENT; PERFORMANCE RE-
VIEW.—
‘‘(1) REPORTING
REQUIREMENT.—Not later
than March 1 of each year, each local correctional
facility that receives a grant under this section shall
submit to the Attorney General, through the State,
a description and evaluation of the jail-based sub-
stance abuse treatment program carried out by the
local correctional facility with the grant amount, in
such form and containing such information as the
Attorney General may reasonably require.
‘‘(2) PERFORMANCE
REVIEW.—The Attorney
General shall conduct an annual review of each jail-
based substance abuse treatment program assisted
under this section, in order to verify the compliance
of local correctional facilities with the requirements
of this section.
‘‘(h) NO EFFECT ON STATE ALLOCATION.—Nothing
in this section shall be construed to affect the allocation
of amounts to States under section 1904(a).’’.
(b) TECHNICAL AMENDMENT.—The table of contents
for title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.) is amended, in the
matter relating to part S, by adding at the end the fol-
lowing:
‘‘1906. Jail-based substance abuse treatment.’’.
Æ