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42 U.S.C. § 3797k (THE PUBLIC HEALTH AND WELFARE)
§ 3797k. Applications
To request a grant under this subchapter, a State or unit of local government shall submit to the Attorney General—
(1) a certification that the State or unit of local government has developed a plan for forensic science laboratories under a program described in section 3797m(a) of this title, and a specific description of the manner in which the grant will be used to carry out that plan;
(2) a certification that any forensic science laboratory system, medical examiner’s office, or coroner’s office in the State, including any laboratory operated by a unit of local government within the State, that will receive any portion of the grant amount uses generally accepted laboratory practices and procedures, established by accrediting organizations or appropriate certifying bodies;
(3) a specific description of any new facility to be constructed as part of the program for a State or local plan described in paragraph (1), and the estimated costs of that facility, and a certification that the amount of the grant used for the costs of the facility will not exceed the limitations set forth in section 3797m(c) of this title; and
(4) a certification that a government entity exists and an appropriate process is in place to conduct independent external investigations into allegations of serious negligence or misconduct substantially affecting the integrity of the forensic results committed by employees or contractors of any forensic laboratory system, medical examiner’s office, coroner’s office, law enforcement storage facility, or medical facility in the State that will receive a portion of the grant amount.
(Pub. L. 90–351, title I, § 2802, as added Pub. L. 106–561, § 2(c)(1), Dec. 21, 2000, 114 Stat. 2788; amended Pub. L. 107–273, div. B, title V, § 5001(b)(2), Nov. 2, 2002, 116 Stat. 1813; Pub. L. 108–405, title III, § 311(b), Oct. 30, 2004, 118 Stat. 2277.)
heading: Amendments
text: 2004—Par. (4). Pub. L. 108–405 added par. (4).
2002—Pub. L. 107–273, § 5001(b)(2)(A), inserted “or unit of local government” after “State” in introductory provisions.
Par. (1). Pub. L. 107–273, § 5001(b)(2)(B), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “a certification that the State has developed a consolidated State plan for forensic science laboratories operated by the State or by other units of local government within the State under a program described in section 3797m(a) of this title, and a specific description of the manner in which the grant will be used to carry out that plan;”.
Par. (2). Pub. L. 107–273, § 5001(b)(2)(C), inserted “or appropriate certifying bodies” after “accrediting organizations”.
Par. (3). Pub. L. 107–273, § 5001(b)(2)(D), inserted “for a State or local plan” after “program”.
42 U.S.C. § 3797n (THE PUBLIC HEALTH AND WELFARE)
§ 3797n. Administrative provisions
(a) Regulations
The Attorney General may promulgate such guidelines, regulations, and procedures as may be necessary to carry out this subchapter, including guidelines, regulations, and procedures relating to the submission and review of applications for grants under section 3797k of this title.
(b) Expenditure records
(1) Records
Each State, or unit of local government within the State, that receives a grant under this subchapter shall maintain such records as the Attorney General may require to facilitate an effective audit relating to the receipt of the grant, or the use of the grant amount.
(2) Access
The Attorney General and the Comptroller General of the United States, or a designee thereof, shall have access, for the purpose of audit and examination, to any book, document, or record of a State, or unit of local government within the State, that receives a grant under this subchapter, if, in the determination of the Attorney General, Comptroller General, or designee thereof, the book, document, or record is related to the receipt of the grant, or the use of the grant amount.
(Pub. L. 90–351, title I, § 2805, as added Pub. L. 106–561, § 2(c)(1), Dec. 21, 2000, 114 Stat. 2790.)
42 U.S.C. § 3797o (THE PUBLIC HEALTH AND WELFARE)
§ 3797o. Reports
(a) Reports to Attorney General
For each fiscal year for which a grant is awarded under this subchapter, each State or unit of local government that receives such a grant shall submit to the Attorney General a report, at such time and in such manner as the Attorney General may reasonably require, which report shall include—
(1) a summary and assessment of the program carried out with the grant, which shall include a comparison of pre-grant and post-grant forensic science capabilities;
(2) the average number of days between submission of a sample to a forensic science laboratory or forensic science laboratory system in that State operated by the State or by a unit of local government and the delivery of test results to the requesting office or agency;
(3) an identification of the number and type of cases currently accepted by the laboratory; and
(4) such other information as the Attorney General may require.
(b) Reports to Congress
Not later than 90 days after the last day of each fiscal year for which 1 or more grants are awarded under this subchapter, the Attorney General shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report, which shall include—
(1) the aggregate amount of grants awarded under this subchapter for that fiscal year; and
(2) a summary of the information provided under subsection (a) of this section.
(Pub. L. 90–351, title I, § 2806, as added Pub. L. 106–561, § 2(c)(1), Dec. 21, 2000, 114 Stat. 2790; amended Pub. L. 107–273, div. B, title V, § 5001(b)(5), Nov. 2, 2002, 116 Stat. 1814.)
heading: Amendments
text: 2002—Subsec. (a). Pub. L. 107–273, § 5001(b)(5)(A), inserted “or unit of local government” after “each State” in introductory provisions.
Subsec. (a)(1). Pub. L. 107–273, § 5001(b)(5)(B), inserted “, which shall include a comparison of pre-grant and post-grant forensic science capabilities” before semicolon at end.
Subsec. (a)(3), (4). Pub. L. 107–273, § 5001(b)(5)(C)–(E), added par. (3) and redesignated former par. (3) as (4).
42 U.S.C. § 3797q (THE PUBLIC HEALTH AND WELFARE)
§ 3797q. Grant authority
(a) In general
The Attorney General may make grants to State, Tribal, and local prosecutors to develop, implement, or expand qualified drug treatment programs that are alternatives to imprisonment, in accordance with this subchapter.
(b) Qualified drug treatment programs described
For purposes of this subchapter, a qualified drug treatment program is a program—
(1) that is administered by a State, Tribal, or local prosecutor;
(2) that requires an eligible offender who is sentenced to participate in the program (instead of incarceration) to participate in a comprehensive substance abuse treatment program that is approved by the State or Indian Tribe and licensed, if necessary, to provide medical and other health services;
(3) that requires an eligible offender to receive the consent of the State, Tribal, or local prosecutor involved to participate in such program;
(4) that, in the case of an eligible offender who is sentenced to participate in the program, requires the offender to serve a sentence of imprisonment with respect to the crime involved if the prosecutor, in conjunction with the treatment provider, determines that the offender has not successfully completed the relevant substance abuse treatment program described in paragraph (2);
(5) that provides for the dismissal of the criminal charges involved in an eligible offender’s participation in the program if the offender is determined to have successfully completed the program;
(6) that requires each substance abuse provider treating an eligible offender under the program to—
(A) make periodic reports of the progress of the treatment of that offender to the State, Tribal, or local prosecutor involved and to the appropriate court in which the eligible offender was convicted; and
(B) notify such prosecutor and such court if the eligible offender absconds from the facility of the treatment provider or otherwise violates the terms and conditions of the program, consistent with Federal and State confidentiality requirements; and
(7) that has an enforcement unit comprised of law enforcement officers under the supervision of the State, Tribal, or local prosecutor involved, the duties of which shall include verifying an eligible offender’s addresses and other contacts, and, if necessary, locating, apprehending, and arresting an eligible offender who has absconded from the facility of a substance abuse treatment provider or otherwise violated the terms and conditions of the program, consistent with Federal and State confidentiality requirements, and returning such eligible offender to court for sentencing for the crime involved.
(Pub. L. 90–351, title I, § 2901, as added Pub. L. 110–199, title I, § 112(a), Apr. 9, 2008, 122 Stat. 672.)
heading: Construction of 2008 Amendment
text: For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 17504 of this title.
42 U.S.C. § 3797q–1 (THE PUBLIC HEALTH AND WELFARE)
§ 3797q–1. Use of grant funds
(a) In general
A State, Tribal, or local prosecutor that receives a grant under this subchapter shall use such grant for expenses of a qualified drug treatment program, including for 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 for substance abuse treatment providers that are approved by the State or Indian Tribe and licensed, if necessary, to provide alcohol and drug addiction treatment to eligible offenders participating in the program, including aftercare supervision, vocational training, education, and job placement.
(3) Payments to public and nonprofit private entities that are approved by the State or Indian Tribe and licensed, if necessary, to provide alcohol and drug addiction treatment to offenders participating in the program.
(b) Supplement and not supplant
Grants made under this subchapter shall be used to supplement, and not supplant, non-Federal funds that would otherwise be available for programs described in this subchapter.
(Pub. L. 90–351, title I, § 2902, as added Pub. L. 110–199, title I, § 112(a), Apr. 9, 2008, 122 Stat. 672.)
heading: Construction of 2008 Amendment
text: For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 17504 of this title.
42 U.S.C. § 3797q–2 (THE PUBLIC HEALTH AND WELFARE)
§ 3797q–2. Applications
To request a grant under this subchapter, a State, Tribal, or local prosecutor shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. Each such application shall contain the certification by the State, Tribal, or local prosecutor that the program for which the grant is requested is a qualified drug treatment program, in accordance with this subchapter.
(Pub. L. 90–351, title I, § 2903, as added Pub. L. 110–199, title I, § 112(a), Apr. 9, 2008, 122 Stat. 673.)
heading: Construction of 2008 Amendment
text: For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 17504 of this title.
42 U.S.C. § 3797q–3 (THE PUBLIC HEALTH AND WELFARE)
§ 3797q–3. Federal share
(a) Matching requirement
The Federal share of a grant under this subchapter may not exceed 50 percent of the total costs of the qualified drug treatment program funded under such grant.
(b) In-kind contributions
(1) In general
Subject to paragraph (2), the recipient of a grant under this subchapter may meet the matching requirement under subsection (a) by making in-kind contributions of goods or services that are directly related to the purpose for which such grant was awarded.
(2) Maximum percentage
Not more than 50 percent of the amount provided by a recipient of a grant under this subchapter to meet the matching requirement under subsection (a) may be provided through in-kind contributions under paragraph (1).
(Pub. L. 90–351, title I, § 2904, as added Pub. L. 110–199, title I, § 112(a), Apr. 9, 2008, 122 Stat. 673.)
heading: Construction of 2008 Amendment
text: For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 17504 of this title.
42 U.S.C. § 3797q–4 (THE PUBLIC HEALTH AND WELFARE)
§ 3797q–4. Geographic distribution
The Attorney General shall ensure that, to the extent practicable, the distribution of grants under this subchapter is equitable and includes State, Tribal, or local prosecutors—
(1) in each State; and
(2) in rural, suburban, Tribal, and urban jurisdictions.
(Pub. L. 90–351, title I, § 2905, as added Pub. L. 110–199, title I, § 112(a), Apr. 9, 2008, 122 Stat. 673.)
heading: Construction of 2008 Amendment
text: For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 17504 of this title.
42 U.S.C. § 3797q–5 (THE PUBLIC HEALTH AND WELFARE)
§ 3797q–5. Reports and evaluations
For each fiscal year, each recipient of a grant under this subchapter during that fiscal year shall submit to the Attorney General a report with respect to the effectiveness of activities carried out using that grant. Each report shall include an evaluation in such form and containing such information as the Attorney General may reasonably require. The Attorney General shall specify the dates on which such reports shall be submitted.
(Pub. L. 90–351, title I, § 2906, as added Pub. L. 110–199, title I, § 112(a), Apr. 9, 2008, 122 Stat. 673.)
heading: Construction of 2008 Amendment
text: For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 17504 of this title.
42 U.S.C. § 3797q–6 (THE PUBLIC HEALTH AND WELFARE)
§ 3797q–6. Definitions
In this subchapter:
(1) State or local prosecutor
The term “State, Tribal, or local prosecutor” means any district attorney, State attorney general, county attorney, tribal attorney, or corporation counsel who has authority to prosecute criminal offenses under State, Tribal, or local law.
(2) Eligible offender
The term “eligible offender” means an individual who—
(A) has been convicted, pled guilty, or admitted guilt with respect to a crime for which a sentence of imprisonment is required and has not completed such sentence;
(B) has never been charged with or convicted of an offense, during the course of which—
(i) the individual carried, possessed, or used a firearm or dangerous weapon; or
(ii) there occurred the use of force against the person of another, without regard to whether any of the behavior described in clause (i) is an element of the offense or for which the person is charged or convicted;
(C) does not have 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm; and
(D)
(i) has received an assessment for alcohol or drug addiction from a substance abuse professional who is approved by the State or Indian Tribe and licensed by the appropriate entity to provide alcohol and drug addiction treatment, as appropriate; and
(ii) has been found to be in need of substance abuse treatment because that individual has a history of substance abuse that is a significant contributing factor to the criminal conduct of that individual.
(Pub. L. 90–351, title I, § 2907, as added Pub. L. 110–199, title I, § 112(a), Apr. 9, 2008, 122 Stat. 674.)
heading: Construction of 2008 Amendment
text: For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 17504 of this title.
42 U.S.C. § 3797s (THE PUBLIC HEALTH AND WELFARE)
§ 3797s. Grants authorized
The Attorney General may make grants to States, units of local government, territories, and Indian Tribes to—
(1) develop, implement, and expand comprehensive and clinically-appropriate family-based substance abuse treatment programs as alternatives to incarceration for nonviolent parent drug offenders; and
(2) to provide prison-based family treatment programs for incarcerated parents of minor children.
(Pub. L. 90–351, title I, § 2921, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 674.)
heading: Construction of 2008 Amendment
text: For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 17504 of this title.
42 U.S.C. § 3797s–1 (THE PUBLIC HEALTH AND WELFARE)
§ 3797s–1. Use of grant funds
Grants made to an entity under section 3797s of this title for a program described in such section may be used for—
(1) the development, implementation, and expansion of prison-based family treatment programs in correctional facilities for incarcerated parents with minor children (except for any such parent who there is reasonable evidence to believe engaged in domestic violence or child abuse);
(2) the development, implementation, and expansion of residential substance abuse treatment;
(3) coordination between appropriate correctional facility representatives and the appropriate governmental agencies;
(4) payments to public and nonprofit private entities to provide substance abuse treatment to nonviolent parent drug offenders participating in that program; and
(5) salaries, personnel costs, facility costs, and other costs directly related to the operation of that program.
(Pub. L. 90–351, title I, § 2922, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 675.)
heading: Construction of 2008 Amendment
text: For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 17504 of this title.
42 U.S.C. § 3797s–2 (THE PUBLIC HEALTH AND WELFARE)
§ 3797s–2. Program requirements
(a) In general
A program for which a grant is made under section 3797s(1) of this title shall comply with the following requirements:
(1) The program shall ensure that all providers of substance abuse treatment are approved by the State or Indian Tribe and are licensed, if necessary, to provide medical and other health services.
(2) The program shall ensure appropriate coordination and consultation with the Single State Authority for Substance Abuse of the State (as that term is defined in section 17521(e) of this title).
(3) The program shall consist of clinically-appropriate, comprehensive, and long-term family treatment, including the treatment of the nonviolent parent drug offender, the child of such offender, and any other appropriate member of the family of the offender.
(4) The program shall be provided in a residential setting that is not a hospital setting or an intensive outpatient setting.
(5) The program shall provide that if a nonviolent parent drug offender who participates in that program does not successfully complete the program the offender shall serve an appropriate sentence of imprisonment with respect to the underlying crime involved.
(6) The program shall ensure that a determination is made as to whether a nonviolent drug offender has completed the substance abuse treatment program.
(7) The program shall include the implementation of a system of graduated sanctions (including incentives) that are applied based on the accountability of the nonviolent parent drug offender involved throughout the course of that program to encourage compliance with that program.
(8) The program shall develop and implement a reentry plan for each participant.
(b) Prison-based programs
A program for which a grant is made under section 3797s(2) of this title shall comply with the following requirements:
(1) The program shall integrate techniques to assess the strengths and needs of immediate and extended family of the incarcerated parent to support a treatment plan of the incarcerated parent.
(2) The program shall ensure that each participant in that program has access to consistent and uninterrupted care if transferred to a different correctional facility within the State or other relevant entity.
(3) The program shall be located in an area separate from the general population of the prison.
(Pub. L. 90–351, title I, § 2923, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 675.)
heading: Construction of 2008 Amendment
text: For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 17504 of this title.
42 U.S.C. § 3797s–3 (THE PUBLIC HEALTH AND WELFARE)
§ 3797s–3. Applications
(a) In general
An entity described in section 3797s of this title desiring a grant under this subchapter shall submit to the Attorney General an application in such form and manner and at such time as the Attorney General requires.
(b) Contents
An application under subsection (a) shall include a description of the methods and measurements the applicant will use for purposes of evaluating the program involved.
(Pub. L. 90–351, title I, § 2924, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 676.)
heading: Construction of 2008 Amendment
text: For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 17504 of this title.
42 U.S.C. § 3797s–4 (THE PUBLIC HEALTH AND WELFARE)
§ 3797s–4. Reports
An entity that receives a grant under this subchapter during a fiscal year shall submit to the Attorney General, not later than a date specified by the Attorney General, a report that describes and evaluates the effectiveness of that program during such fiscal year that—
(1) is based on evidence-based data; and
(2) uses the methods and measurements described in the application of that entity for purposes of evaluating that program.
(Pub. L. 90–351, title I, § 2925, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 676.)
heading: Construction of 2008 Amendment
text: For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 17504 of this title.
42 U.S.C. § 3797s–5 (THE PUBLIC HEALTH AND WELFARE)
§ 3797s–5. Authorization of appropriations
(a) In general
There are authorized to be appropriated to carry out this subchapter $10,000,000 for each of fiscal years 2009 and 2010.
(b) Use of amounts
Of the amount made available to carry out this subchapter in any fiscal year, not less than 5 percent shall be used for grants to Indian Tribes.
(Pub. L. 90–351, title I, § 2926, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 676.)
heading: Construction of 2008 Amendment
text: For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 17504 of this title.
42 U.S.C. § 3797s–6 (THE PUBLIC HEALTH AND WELFARE)
§ 3797s–6. Definitions
In this subchapter:
(1) Nonviolent parent drug offender
The term “nonviolent parent drug offender” means an offender who is—
(A) a parent of an individual under 18 years of age; and
(B) convicted of a drug (or drug-related) felony that is a nonviolent offense.
(2) Nonviolent offense
The term “nonviolent offense” has the meaning given that term in section 3797aa(a) of this title.
(3) Prison-based family treatment program
The term “prison-based family treatment program” means a program for incarcerated parents in a correctional facility that provides a comprehensive response to offender needs, including substance abuse treatment, child early intervention services, family counseling, legal services, medical care, mental health services, nursery and preschool, parenting skills training, pediatric care, physical therapy, prenatal care, sexual abuse therapy, relapse prevention, transportation, and vocational or GED training.
(Pub. L. 90–351, title I, § 2927, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 676.)
heading: Construction of 2008 Amendment
text: For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amendments, see section 17504 of this title.