I
106TH CONGRESS
2D SESSION
H. R. 4493
To establish grants for drug treatment alternative to prison programs
administered by State or local prosecutors.
IN THE HOUSE OF REPRESENTATIVES
MAY 18, 2000
Mr. MICA (for himself, Mr. BALLENGER, Mr. GILMAN, Mr. GOSS, Ms. GRANG-
ER, Mr. HUTCHINSON, Mr. KINGSTON, Mr. LATHAM, Mr. MCCOLLUM,
Mr. PORTMAN, Mr. WAMP, and Mr. WOLF) introduced the following bill;
which was referred to the Committee on the Judiciary
A BILL
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,
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:
‘‘(1) Salaries, personnel costs, equipment costs,
and other costs directly related to the operation of
the program, including the enforcement unit.
‘‘(2) Payments to licensed substance abuse
treatment providers for providing treatment to of-
fenders participating in the program for which the
grant was made, including aftercare supervision, vo-
cational training, education, and job placement.
‘‘(3) Payments to public and nonprofit private
entities for providing treatment to offenders partici-
pating in the program for which the grant was
made.
‘‘(c) FEDERAL SHARE.—The Federal share of a
grant under this part shall not exceed 75 percent of the
cost of the program.
‘‘(d) SUPPLEMENT
AND NOT SUPPLANT.—Grant
amounts received under this part shall be used to supple-
ment, and not supplant, non-Federal funds that would
otherwise be available for activities funded under this part.
‘‘SEC. 2702. PROGRAM REQUIREMENTS.
‘‘A drug treatment alternative to prison program with
respect to which a grant is made under this part shall
comply with the following requirements:
‘‘(1) A State or local prosecutor shall admin-
ister the program.
‘‘(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.
‘‘(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