dreamproit/uscode huggingface dataset:
34 U.S.C. § 10592 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 10592. Use of grant funds
Grants made to an entity under section 10591 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: Codification
text: Section was formerly classified to section 3797s–1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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 60504 of this title.
34 U.S.C. § 10593 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 10593. Program requirements
(a) In general
A program for which a grant is made under section 10591(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 60521(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 10591(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: Codification
text: Section was formerly classified to section 3797s–2 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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 60504 of this title.
34 U.S.C. § 10594 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 10594. Applications
(a) In general
An entity described in section 10591 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: Codification
text: Section was formerly classified to section 3797s–3 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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 60504 of this title.
34 U.S.C. § 10595 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 10595. 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: Codification
text: Section was formerly classified to section 3797s–4 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
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 60504 of this title.
34 U.S.C. § 10596 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 10596. Definitions
In this subchapter:
(1) Nonviolent parent drug offender
The term “nonviolent parent drug offender” means an offender who is—
(A) pregnant or 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” means an offense that—
(A) does not have as an element the use, attempted use, or threatened use of physical force against the person or property of another; or
(B) is not a felony that by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
(3) Prison-based family treatment program
The term “prison-based family treatment program” means a program for incarcerated parents or pregnant women 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; amended Pub. L. 114–198, title II, § 201(c)(2), July 22, 2016, 130 Stat. 714; Pub. L. 114–255, div. B, title XIV, § 14028(b), Dec. 13, 2016, 130 Stat. 1312.)
heading: Codification
text: Section was formerly classified to section 3797s–6 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
heading: Amendments
text: 2016—Par. (1)(A). Pub. L. 114–198, § 201(c)(2)(A), inserted “pregnant or” before “a parent”.
Par. (2). Pub. L. 114–255 substituted “means an offense that—” and subpars. (A) and (B) for “has the meaning given that term in section 3797aa(a) of this title.”
Par. (3). Pub. L. 114–198, § 201(c)(2)(B), inserted “or pregnant women” after “incarcerated parents”.
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 60504 of this title.
34 U.S.C. § 10612 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 10612. Prohibition of participation by violent offenders
The Attorney General shall—
(1) issue regulations or guidelines to ensure that the programs authorized in this subchapter do not permit participation by violent offenders; and
(2) immediately suspend funding for any grant under this subchapter, pending compliance, if the Attorney General finds that violent offenders are participating in any program funded under this subchapter.
(Pub. L. 90–351, title I, § 2952, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1795.)
heading: Codification
text: Section was formerly classified to section 3797u–1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
heading: Regulations
text: Pub. L. 110–199, title I, § 103(c), Apr. 9, 2008, 122 Stat. 668, provided that: “Not later than 90 days after the date of the enactment of this Act [Apr. 9, 2008], the Secretary [probably should be “the Attorney General”] shall revise any regulations or guidelines described in section 2952 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797u–1) [now 34 U.S.C. 10612] in accordance with the amendments made by subsection (a) [amending section 10613 of this title]. Such regulations shall specify that grant amounts under part EE of such Act [34 U.S.C. 10611 et seq.] shall be reduced for any drug court that does not adopt the definition of ‘violent offender’ under such part, as amended by subsection (a) of this section, within 3 years after such date of enactment.”
34 U.S.C. § 10613 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 10613. Definition
(a) In general
Except as provided in subsection (b), in this subchapter, the term “violent offender” means a person who—
(1) is charged with or convicted of an offense that is punishable by a term of imprisonment exceeding one year, during the course of which offense or conduct—
(A) the person carried, possessed, or used a firearm or dangerous weapon;
(B) there occurred the death of or serious bodily injury to any person; or
(C) there occurred the use of force against the person of another, without regard to whether any of the circumstances described in subparagraph (A) or (B) is an element of the offense or conduct of which or for which the person is charged or convicted; or
(2) has 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.
(b) Definition for purposes of juvenile drug courts
For purposes of juvenile drug courts, the term “violent offender” means a juvenile who has been convicted of, or adjudicated delinquent for, a felony-level offense that—
(1) has as an element, the use, attempted use, or threatened use of physical force against the person or property of another, or the possession or use of a firearm; or
(2) by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.
(Pub. L. 90–351, title I, § 2953, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1795; amended Pub. L. 109–162, title XI, § 1141, Jan. 5, 2006, 119 Stat. 3110; Pub. L. 110–199, title I, § 103(a), Apr. 9, 2008, 122 Stat. 668.)
heading: Codification
text: Section was formerly classified to section 3797u–2 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 2008—Subsec. (a)(1). Pub. L. 110–199 inserted “that is punishable by a term of imprisonment exceeding one year” after “convicted of an offense” in introductory provisions.
2006—Subsec. (b). Pub. L. 109–162 substituted “a felony-level offense that” for “an offense that” in introductory provisions.
heading: Construction of 2008 Amendment
text: For construction of amendments and provisions set out as a note below by Pub. L. 110–199 and requirements for grants made under such amendments and note, see section 60504 of this title.
heading: Period for Compliance
text: Pub. L. 110–199, title I, § 103(b), Apr. 9, 2008, 122 Stat. 668, provided that: “Notwithstanding section 2952(2) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797u–1(2)) [now 34 U.S.C. 10612(2)], each grantee under part EE of such Act [34 U.S.C. 10611 et seq.] shall have not more than 3 years from the date of the enactment of this Act [Apr. 9, 2008] to adopt the definition of ‘violent offender’ under such part, as amended by subsection (a) of this section [amending this section].”
34 U.S.C. § 10614 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 10614. Administration
(a) Consultation
The Attorney General shall consult with the Secretary of Health and Human Services and any other appropriate officials in carrying out this subchapter.
(b) Use of components
The Attorney General may utilize any component or components of the Department of Justice in carrying out this subchapter.
(c) Regulatory authority
The Attorney General may issue regulations and guidelines necessary to carry out this subchapter.
(d) Applications
In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this subchapter shall—
(1) include a long-term strategy and detailed implementation plan that shall provide for the consultation and coordination with appropriate State and local prosecutors, particularly when program participants fail to comply with program requirements;
(2) explain the applicant’s inability to fund the program adequately without Federal assistance;
(3) certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available;
(4) identify related governmental or community initiatives which complement or will be coordinated with the proposal;
(5) certify that there has been appropriate consultation with all affected agencies and that there will be appropriate coordination with all affected agencies in the implementation of the program;
(6) certify that participating offenders will be supervised by 1 or more designated judges with responsibility for the drug court program;
(7) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support; and
(8) describe the methodology that will be used in evaluating the program.
(Pub. L. 90–351, title I, § 2954, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1796.)
heading: Codification
text: Section was formerly classified to section 3797u–3 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
34 U.S.C. § 10615 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 10615. Applications
To request funds under this subchapter, the chief executive or the chief justice of a State or the chief executive or judge of a unit of local government or Indian tribal government, or the chief judge of a State court or the judge of a local court or Indian tribal court shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require.
(Pub. L. 90–351, title I, § 2955, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1797.)
heading: Codification
text: Section was formerly classified to section 3797u–4 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
34 U.S.C. § 10616 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 10616. Federal share
(a) In general
The Federal share of a grant made under this subchapter may not exceed 75 percent of the total costs of the program described in the application submitted under section 10615 of this title for the fiscal year for which the program receives assistance under this subchapter, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section.
(b) In-kind contributions
In-kind contributions may constitute a portion of the non-Federal share of a grant.
(Pub. L. 90–351, title I, § 2956, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1797.)
heading: Codification
text: Section was formerly classified to section 3797u–5 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
34 U.S.C. § 10617 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 10617. Distribution and allocation
(a) Geographic distribution
The Attorney General shall ensure that, to the extent practicable, an equitable geographic distribution of grant awards is made.
(b) Technical assistance and training
Unless one or more applications submitted by any State or unit of local government within such State (other than an Indian tribe) for a grant under this subchapter has been funded in any fiscal year, such State, together with eligible applicants within such State, shall be provided targeted technical assistance and training by the Bureau of Justice Assistance to assist such State and such eligible applicants to successfully compete for future funding under this subchapter, and to strengthen existing State drug court systems. In providing such technical assistance and training, the Bureau of Justice Assistance shall consider and respond to the unique needs of rural States, rural areas and rural communities.
(Pub. L. 90–351, title I, § 2957, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1797; amended Pub. L. 109–162, title XI, § 1142(a), Jan. 5, 2006, 119 Stat. 3110; Pub. L. 109–271, § 8(l), Aug. 12, 2006, 120 Stat. 767.)
heading: Codification
text: Section was formerly classified to section 3797u–6 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 2006—Subsec. (b). Pub. L. 109–271 substituted “Bureau of Justice Assistance” for “Community Capacity Development Office” in two places.
Pub. L. 109–162 added subsec. (b) and struck out heading and text of former subsec. (b). Text read as follows: “Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this subchapter have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this subchapter not less than 0.50 percent of the total amount appropriated in the fiscal year for grants pursuant to this subchapter.”
34 U.S.C. § 10618 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 10618. Report
A State, Indian tribal government, or unit of local government that receives funds under this subchapter during a fiscal year shall submit to the Attorney General a description and an evaluation report on a date specified by the Attorney General regarding the effectiveness of this subchapter.
(Pub. L. 90–351, title I, § 2958, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1797.)
heading: Codification
text: Section was formerly classified to section 3797u–7 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
34 U.S.C. § 10619 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 10619. Technical assistance, training, and evaluation
(a) Technical assistance and training
The Attorney General may provide technical assistance and training in furtherance of the purposes of this subchapter, including training for drug court personnel and officials on identifying and addressing co-occurring substance abuse and mental health problems.
(b) Evaluations
In addition to any evaluation requirements that may be prescribed for grantees (including uniform data collection standards and reporting requirements), the Attorney General shall carry out or make arrangements for evaluations of programs that receive support under this subchapter.
(c) Administration
The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Attorney General, in collaboration with the Secretary of Health and Human Services, or through grants, contracts, or other cooperative arrangements with other entities.
(Pub. L. 90–351, title I, § 2959, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1797; amended Pub. L. 114–255, div. B, title XIV, § 14007(2), Dec. 13, 2016, 130 Stat. 1296.)
heading: Codification
text: Section was formerly classified to section 3797u–8 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
heading: Amendments
text: 2016—Subsec. (a). Pub. L. 114–255 inserted before period at end “, including training for drug court personnel and officials on identifying and addressing co-occurring substance abuse and mental health problems”.
34 U.S.C. § 10632 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 10632. State reentry project evaluation
(a) Evaluation
The Attorney General shall evaluate the demonstration projects authorized by section 10631 of this title to determine their effectiveness.
(b) Report
Not later than April 30, 2005, the Attorney General shall submit a report to the Committees on the Judiciary of the House of Representatives and the Senate containing—
(1) the findings of the evaluation required by subsection (a); and
(2) any recommendations the Attorney General has with regard to expanding, changing, or eliminating the demonstration projects.
(Pub. L. 90–351, title I, § 2977, as added Pub. L. 107–273, div. B, title II, § 2421(a), Nov. 2, 2002, 116 Stat. 1802.)
heading: Codification
text: Section was formerly classified to section 3797w–1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
34 U.S.C. § 10641 (CRIME CONTROL AND LAW ENFORCEMENT)
§ 10641. Grant authority
The Attorney General shall award grants to rural State criminal justice agencies, Byrne agencies, or other agencies as designated by the Governor of that State and approved by the Attorney General, to develop rural States’ capacity to assist local communities in the prevention and reduction of crime, violence, and substance abuse.
(Pub. L. 90–351, title I, § 2985, as added Pub. L. 107–273, div. C, title I, § 11027(b), Nov. 2, 2002, 116 Stat. 1834.)
heading: Codification
text: Section was formerly classified to section 3797y of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.