IB
Union Calendar No. 171
103D CONGRESS
1ST SESSION
H. R. 3350
[Report No. 103–320]
To establish a program of residential substance abuse treatment within
Federal prisons.
IN THE HOUSE OF REPRESENTATIVES
OCTOBER 26, 1993
Mr. BROOKS (for himself and Mr. SCHUMER) introduced the following bill;
which was referred to the Committee on the Judiciary
NOVEMBER 3, 1993
Additional sponsor: Mr. HUGHES
NOVEMBER 3, 1993
Reported with an amendment, committed to the Committee of the Whole
House on the State of the Union, and ordered to be printed
[Strike out all after the enacting clause and insert the part printed in italic]
[For text of introduced bill, see copy of bill as introduced on October 26, 1993]
A BILL
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 amend-
ed—
(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 ap-
propriate substance abuse treatment, the Bureau of
Prisons shall provide substance abuse treatment—
‘‘(A) for not less than 50 percent of eligible
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 eligible
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 eligible
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 provided
under paragraph (1) of this subsection, shall re-
main in the custody of the Bureau for such time
(as limited by subparagraph (B) of this para-
graph) and under such conditions, as the Bureau
deems appropriate. If the conditions of confine-
ment are different from those the prisoner would
have experienced absent the successful completion
of the treatment, the Bureau shall periodically
test the prisoner for substance abuse and dis-
continue such conditions on determining that
substance abuse has recurred.
‘‘(B) PERIOD OF CUSTODY.—The period the
prisoner remains in custody after successfully
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 January
1, 1995, and on January 1 of each year thereafter, 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 Bu-
reau;
‘‘(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 extent
the Bureau has achieved compliance with the re-
quirements of this title.
‘‘(4) AUTHORIZATION
OF
APPROPRIATIONS.—
There are authorized to be appropriated in each fiscal
year such sums as may be necessary to carry out this
subsection.
‘‘(5) DEFINITIONS.—As used in this subsection—
‘‘(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 prisoner’s
cognitive, behavorial, social, vocational, and
other skills so as to solve the prisoner’s sub-
stance abuse and related problems; and
‘‘(B) the term ‘eligible prisoner’ means a
prisoner who is—
‘‘(i) determined by the Bureau of Pris-
ons to have a substance abuse problem; and
‘‘(ii) willing to participate in a resi-
dential substance abuse treatment pro-
gram.’’.