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SECTION 1. SHORT TITLE.

This Act may be cited as the ''Drug Court Act of 2000''.

SEC. 2. DEFINITIONS.

In this Act:
(1) Drug courts.--The term ''drug courts'' means a Federal
district court of general jurisdiction in a high drug crime
district, as defined by the Department of Justice, that will--
(A) expedite the criminal justice process for
eligible offenders until such time as they are declared
ineligible or selected for inclusion in a drug court
program; and
(B) maintain jurisdiction over the offenders' cases
before, during, and after participation in the program.
(2) Drug court program.--The term ''drug court program''
means a program for substance abuse treatment and
rehabilitation for eligible offenders that--
(A) requires a successful plea agreement
immediately following conviction or in lieu of
incarceration; and
(B) is operated by a drug court in a State criminal
justice system that has agreed to accept, for a fee per
offender, all offenders selected for inclusion in such
a program by a Federal drug court.
(3) Eligible offender.--The term ''eligible offender''
means a person who meets the requirements established in
section 4 of this Act.
(4) Office.--The term ''Office'' means the Office of
Justice Programs of the Department of Justice.

SEC. 3. AUTHORIZATION OF DRUG COURTS.

(a) Establishment of Drug Courts.--10 Federal district courts in
the United States, as selected by the Office, are authorized to
establish drug courts under this Act.
(b) Drug Court Responsibilities.--Each Federal drug court shall
enter into an agreement with a State drug court program that will allow
all eligible offenders to participate in the drug court program of that
State, in exchange for the payment of a fee equal to the amount of the
cost of the program for that offender. Each such agreement shall be
subject to the approval of the Office.
(c) Oversight.--Except as specified in this Act, rules governing
drug courts will be promulgated separately by each participating
Federal district court, with the advice of the Office, and subject to
Department of Justice approval.

SEC. 4. ELIGIBLE OFFENDERS.

(a) In General.--An ''eligible offender'' means a person who, by
virtue of a Federal crime committed and other factors that the drug
court may consider, may be considered for inclusion in the drug court
program.
(b) Program Participants.--Drug court program eligibility under
this Act shall not be available to any offender who--
(1) is accused of violent criminal offenses;
(2) is not accused of drug, drug-related, or drug-motivated
offenses;
(3) has previously been convicted of a Federal or State
violent felony offense; or
(4) for any other reason within the discretion of the
court, does not meet all requirements of the applicable drug
court.
(b) Additional Eligibility Requirements.--In addition to the
criteria in subsection (a), no offender will be considered eligible for
participation in a drug court program unless, following a reasonable
investigation conducted according to standards set by the court, and
one or more hearings before the court, consensus agreement is achieved
among the prosecutor, the defense counsel, and the presiding judge,
that the offender is a person who--
(1) currently suffers from a drug dependency;
(2) would benefit from the drug court program; and
(3) is appropriate for inclusion in the drug court program.
(c) Ineligible Offender Handling.--If at any point before admission
into the drug court program, an offender is found ineligible for
participation in a drug court program under this Act, the case of that
offender shall be processed by the Federal district court under the
applicable rules of procedure and sentencing.
(d) Requirements for Drug Program Participants.--Each eligible
offender shall understand, sign, and acknowledge understanding of drug
court documents, including--
(1) a waiver of the right of the offender to a speedy
trial;
(2) a written plea agreement that sets forth the offense
charged, the sanction to be imposed in the event of a breach of
the agreement, and the penalty to be imposed, if any, in the
event of a successful completion of the drug court program,
except that incarceration may not be imposed upon successful
completion of the program;
(3) a written treatment plan that is subject to
modification at any time during the drug court program;
(4) a written performance contract requiring the offender
to enter the drug court program as directed by the court and
participate until completion, withdrawal, or removal by the
court; and
(5) a limited applicability waiver of confidentiality for
information relating to the treatment program of the offender,
and progress in that program, limited only to agencies and
parties participating in the drug court program, and agencies and
parties participating in oversight of the case of the offender by the
drug court.

SEC. 5. DRUG COURT OPERATIONS.

(a) Identification of Drug Program Participants.--The Office of the
United States Attorney office in a Federal drug court, through the
Office, shall establish procedures for the identification of eligible
offenders not later than 30 days after the date of arrest of the
alleged offender.
(b) Participant Fitness Examination.--A United States Attorney,
defense counsel, and a treatment professional affiliated with the drug
court program in which the offender would be placed, shall separately
conduct investigations regarding the eligibility of an offender for
inclusion in the drug court program. Upon a finding by any of the
examining parties that the offender is ineligible to participate in the
drug court program, the alleged offender shall be subject to
prosecution under the applicable rules of procedure and sentencing.
(c) Hearing.--Upon agreement of the prosecutor, defense counsel,
and treatment professional that an offender is eligible for the drug
court program, the prosecutor, defense counsel, treatment professional,
and offender shall appear for a hearing before a drug court judge, who
shall receive testimony from each of the examining parties.
(d) Judicial Discretion.--Upon a finding by the judge that the
offender is eligible for inclusion in the drug court program, the judge
shall obtain from the offender all appropriate drug court documents,
and the offender shall immediately be removed to the custody of the
drug treatment program. Should the offender not agree to any of the
conditions of participation in the drug court program, the offender
shall be subject to prosecution under the applicable rules of procedure
and sentencing.
(e) Drug Court Responsibilities.--The drug court shall--
(1) assign to the drug court program responsibility over
all treatment, supervision, education, job skills training, and
other ancillary services incidental to the program;
(2) hold regular hearings, attended by the judge,
prosecutor, defense counsel, and treatment professional to
assess the progress of the offender within the drug court
program; and
(3) assess any and all disciplinary sanctions, penalties,
and fines resulting from a violation by the offender of the
drug court program plea agreement.
(f) Disciplinary Sanctions.--The drug court shall establish methods
for measuring application of disciplinary sanctions, which may
include--
(1) short term confinement;
(2) reintroducing the offender into the drug court program
after a disciplinary action for a minor violation of the
treatment plan; and
(3) removal from the drug court program and reinstatement
of the criminal case.
(g) Drug Court Records.--All drug courts shall maintain records
regarding rates of recidivism, relapses, restarts, sanctions imposed,
and incentives given. All such data shall be collected and reported
annually by the Office.
(h) Administrative Fees.--For each offender admitted to the drug
court program, the drug court shall pay to the drug court program an
amount agreed upon at the outset of the relationship between the drug
court and drug court program. This amount shall represent payment for
the cost of treatment, supervision, rehabilitation, education, job
skills training, and other ancillary services that the program of the
offender shall require.

SEC. 6. DRUG COURT PROGRAM PARTICIPANT SUPPORT.

(a) In General.--Each drug court program shall provide all
participating offenders with a personalized program, including elements
of treatment, supervision, rehabilitation, education, and job skills
training, and other ancillary services that the program of the offender
shall require.
(b) Participant Development.--Each drug court program shall ensure,
at a minimum--
(1) strong linkage between all agencies participating in
the drug court program, and the drug court judge, prosecutor,
and defense counsel responsible for oversight of the case;
(2) access for all participating agencies to information on
the progress of the offender within the program,
notwithstanding normally confidential treatment and counseling
information;
(3) vigilant supervision and monitoring procedures;
(4) random substance abuse testing not less frequently than
weekly;
(5) provisions for noncompliance, modification of the
treatment plan, and revocation proceedings;
(6) availability of residential treatment facilities and
outpatient services; and
(7) methods for measuring performance-based effectiveness
of the services of individual treatment providers.

SEC. 7. AUTHORIZATION OF APPROPRIATIONS.

Subject to an appropriations Act, there is authorized to be
appropriated for each of fiscal years 2000 through 2004, the following
amounts:
(1) $15,000,000, to the Office, to carry out a pilot
program to establish a Federal drug court in each of 10 cities
in the United States that are statistically considered high
drug crime areas.
(2) $5,000,000 to the Department of Justice, for additional
prosecutorial resources, including personnel, dedicated to drug
enforcement in each of the 10 cities in which a Federal drug
court is established under this Act.
Output:
Excludes as an "eligible offender" a person who: (1) is accused of violent criminal offenses; (2) is not accused of drug, drug-related, or drug-motivated offenses; (3) has previously been convicted of a Federal or State violent felony offense; or (4) for any other reason within the court's discretion does not meet all requirements of the applicable drug court.
Sets forth provisions regarding offender eligibility requirements, the handling of ineligible offenders, requirements for drug program participants, identification of drug program participants, participant fitness examination, eligibility hearings, judicial discretion regarding eligibility, drug court responsibilities, disciplinary sanctions, drug court records, and administrative fees.
Requires that each program provide all participating offenders with a personalized program, including required elements of treatment, supervision, rehabilitation, education, and job skills training.