II
106TH CONGRESS
2D SESSION
H. R. 4493
IN THE SENATE OF THE UNITED STATES
OCTOBER 18 (legislative day, SEPTEMBER 22), 2000
Received
AN ACT
To establish grants for drug treatment alternative to prison
programs administered by State or local prosecutors.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
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SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Prosecution Drug
Treatment Alternative to Prison Act of 2000’’.
SEC. 2. DRUG TREATMENT ALTERNATIVE TO PRISON PRO-
GRAMS ADMINISTERED BY STATE OR LOCAL
PROSECUTORS.
(a) PROSECUTION DRUG TREATMENT ALTERNATIVE
TO PRISON PROGRAMS.—Title I of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3711
et seq.) is amended by adding at the end the following
new part:
‘‘PART AA—PROSECUTION DRUG TREATMENT
ALTERNATIVE TO PRISON PROGRAMS
‘‘SEC. 2701. PROGRAM AUTHORIZED.
‘‘(a) IN GENERAL.—The Attorney General may make
grants to State or local prosecutors for the purpose of de-
veloping, implementing, or expanding drug treatment al-
ternative to prison programs that comply with the require-
ments of this part.
‘‘(b) USE OF FUNDS.—A State or local prosecutor
who receives a grant under this part shall use amounts
provided under the grant to develop, implement, or expand
the drug treatment alternative to prison program for
which the grant was made, which may include payment
of the following expenses:
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‘‘(2) An eligible offender may participate in the
program only with the consent of the State or local
prosecutor.
‘‘(3) Each eligible offender who participates in
the program shall, as an alternative to incarceration,
be sentenced to or placed with a long term, drug
free residential substance abuse treatment provider
that is licensed under State or local law.
‘‘(4) Each eligible offender who participates in
the program shall serve a sentence of imprisonment
with respect to the underlying crime if that offender
does not successfully complete treatment with the
residential substance abuse provider.
‘‘(5) Each residential substance abuse provider
treating an offender under the program shall—
‘‘(A) make periodic reports of the progress
of treatment of that offender to the State or
local prosecutor carrying out the program and
to the appropriate court in which the defendant
was convicted; and
‘‘(B) notify that prosecutor and that court
if that offender absconds from the facility of
the treatment provider or otherwise violates the
terms and conditions of the program.
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‘‘(6) The program shall have an enforcement
unit comprised of law enforcement officers under the
supervision of the State or local prosecutor carrying
out the program, the duties of which shall include
verifying an offender’s addresses and other contacts,
and, if necessary, locating, apprehending, and ar-
resting an offender who has absconded from the fa-
cility of a residential substance abuse treatment pro-
vider or otherwise violated the terms and conditions
of the program, and returning such offender to court
for sentence on the underlying crime.
‘‘SEC. 2703. APPLICATIONS.
‘‘(a) IN GENERAL.—To request a grant under this
part, a State or local prosecutor shall submit an applica-
tion to the Attorney General in such form and containing
such information as the Attorney General may reasonably
require.
‘‘(b) CERTIFICATIONS.—Each such application shall
contain the certification of the State or local prosecutor
that the program for which the grant is requested shall
meet each of the requirements of this part.
‘‘SEC. 2704. GEOGRAPHIC DISTRIBUTION.
‘‘The Attorney General shall ensure that, to the ex-
tent practicable, the distribution of grant awards is equi-
table and includes State or local prosecutors—
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‘‘(1) in each State; and
‘‘(2) in rural, suburban, and urban jurisdic-
tions.
‘‘SEC. 2705. REPORTS AND EVALUATIONS.
‘‘For each fiscal year, each recipient of a grant under
this part during that fiscal year shall submit to the Attor-
ney General a report regarding the effectiveness of activi-
ties carried out using that grant. Each report shall include
an evaluation in such form and containing such informa-
tion as the Attorney General may reasonably require. The
Attorney General shall specify the dates on which such
reports shall be submitted.
‘‘SEC. 2706. DEFINITIONS.
‘‘In this part:
‘‘(1) The term ‘State or local prosecutor’ means
any district attorney, State attorney general, county
attorney, or corporation counsel who has authority
to prosecute criminal offenses under State or local
law.
‘‘(2) The term ‘eligible offender’ means an indi-
vidual who—
‘‘(A) has been convicted of, or pled guilty
to, or admitted guilt with respect to a crime for
which a sentence of imprisonment is required
and has not completed such sentence;
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‘‘(B) has never been convicted of, or pled
guilty to, or admitted guilt with respect to, and
is not presently charged with, a felony crime of
violence or a major drug offense or a crime that
is considered a violent felony under State or
local law; and
‘‘(C) has been found by a professional sub-
stance abuse screener to be in need of sub-
stance abuse treatment because that offender
has a history of substance abuse that is a sig-
nificant contributing factor to that offender’s
criminal conduct.
‘‘(3) The term ‘felony crime of violence’ has the
meaning given such term in section 924(c)(3) of title
18, United States Code.
‘‘(4) The term ‘major drug offense’ has the
meaning given such term in section 36(a) of title 18,
United States Code.’’.
(b) AUTHORIZATION OF APPROPRIATIONS.—Section
1001(a) of title I of the Omnibus Crime Control and Safe
Street Act of 1968 (42 U.S.C. 3793(a)) is amended by
adding at the end the following new paragraph:
‘‘(24) There are authorized to be appropriated
to carry out part AA—
‘‘(A) $75,000,000 for fiscal year 2000;
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‘‘(B) $85,000,000 for fiscal year 2001;
‘‘(C) $95,000,000 for fiscal year 2002;
‘‘(D) $105,000,000 for fiscal year 2003;
and
‘‘(E) $125,000,000 for fiscal year 2004.’’.
Passed the House of Representatives October 17,
2000.
Attest:
JEFF TRANDAHL,
Clerk.