H. R. 2026
To provide grants to establish veteran's treatment courts.
IN THE HOUSE OF REPRESENTATIVES
May 26, 2011
Mr. CICILLINE (for himself, Mr. KEATING, Mr. LANGEVIN, Mr. BOREN, Mr. LUJAN,
Mr. COURTNEY, Mr. DEFAZIO, Ms. SLAUGHTER, Mr. HIGGINS, and Ms. JACKSON LEE
of Texas) introduced the following bill; which was referred to the Committee
on the Judiciary
To provide grants to establish veteran's treatment courts.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the `Services, Education, and Rehabilitation for
Veterans Act' or the `SERV Act'.
SEC. 2. VETERAN'S TREATMENT COURTS.
(a) Delegation- The Director of the Office of National Drug Control Policy
(referred to in this Act as the `Director') shall delegate the authority to
administer the program and other such activities necessary to carry out this
Act to the Department of Justice.
(b) Grants- The Attorney General may make grants to States, State courts,
local courts, units of local government, and Indian tribal governments acting
directly or through agreements with other public or private entities, for
the purpose of developing, implementing, or enhancing veteran's treatment
courts or expanding operational drug courts to serve veterans.
(c) Eligibility- Grants under this Act shall be made to veteran's treatment
courts and drug courts serving veterans that effectively integrate substance
abuse treatment, mental health treatment, mandatory drug testing, sanctions
and incentives, and transitional services, in a judicially supervised court
setting with jurisdiction over nonviolent, substance-abusing offenders that
have served in the United States military.
SEC. 3. GRANT AUTHORITY.
The Attorney General may make grants to States, State courts, local courts,
units of local government, and Indian tribal governments, acting directly
or through agreements with other public or private entities, for programs
(1) continuing judicial supervision over offenders with substance abuse
or mental health problems who are not violent offenders and have served
in the United States military; and
(2) the integrated administration of other sanctions and services, which
(A) mandatory periodic testing for the use of controlled substances or
other addictive substances during any period of supervised release or
probation for each participant;
(B) substance abuse and mental health treatment (such as treatment for
depression and post-traumatic stress disorder) for each participant;
(C) diversion, probation, or other supervised release involving the possibility
of prosecution, confinement, or incarceration based on noncompliance with
program requirements or failure to show satisfactory progress; and
(D) programmatic, offender management, and aftercare services such as
relapse prevention, health care, education, vocational training, job placement,
housing placement, and child care or other family support services for
each participant who requires such services.
SEC. 4. APPLICATIONS.
(a) In General- To request a grant under this Act, a State, State court, local
court, unit of local government, or Indian tribal government shall submit
an application to the Attorney General in such form and containing such information
as the Attorney General may reasonably require.
(b) Applications- In addition to any other requirements that may be specified
by the Attorney General, an application for a grant under this Act shall--
(1) include a long-term strategy and detailed implementation plan;
(2) explain the applicant's inability to fund the program adequately without
(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, specifically the Department of Veterans Affairs and the Department
of Health and Human Services, 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 veteran's treatment court
(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.
(c) Certifications- Each such application shall contain the certification
that the program for which the grant is requested shall meet each of the requirements
of this Act.
SEC. 5. FEDERAL SHARE.
The Federal share of a grant made under this Act may not exceed 75 percent
of the total costs of the program described in the application submitted under
section 4 for the fiscal year for which the program receives assistance under
this Act, unless the Attorney General waives, wholly or in part, the requirement
of a matching contribution under this section. In-kind contributions may constitute
a portion of the non-Federal share of a grant.
SEC. 6. REPORTS AND EVALUATIONS.
(a) Report to Attorney General and the Director- For each fiscal year, each
recipient of a grant under this Act during that fiscal year shall submit to
the Attorney General, the Director, and the Secretary for Veterans Affairs
a report regarding 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.
(b) Report to Congress- The Director, in consultation with the Attorney General,
shall submit a yearly report on the effectiveness on the activities carried
out under this Act to the House and Senate Committees on the Judiciary and
the House and Senate Committees on Veterans Affairs.
SEC. 7. DEFINITIONS.
(1) VETERAN- The term `veteran' means a person who served in the active
military, naval, or air service, and who was discharged or released therefrom
under conditions other than dishonorable.
(2) Veteran's TREATMENT COURT- The term `veteran's treatment court' means
a program specifically for veterans that meets the drug court criteria established
by the Violent Crime Control and Law Enforcement Act of 1994 (Public Law
(3) VIOLENT OFFENDER- The term `violent offender' means a person who--
(A) is charged with or convicted of an offense, during the course of which
offense or conduct--
(i) the person carried, possessed, or used a firearm or dangerous weapon;
(ii) there occurred the death of or serious bodily injury to any person;
(iii) there occurred the use of force against the person of another,
without regard to whether any of the circumstances described in clause
(i) or (ii) is an element of the offense or conduct of which or for
which the person is charged or convicted; or
(B) 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.
SEC. 8. ADMINISTRATION.
(a) Consultation- The Attorney General shall consult with the Secretary of
Veterans Affairs, the Secretary of Health and Human Services, and any other
appropriate officials in carrying out this Act.
(b) Regulatory Authority-
(1) IN GENERAL- The Attorney General may issue regulations and guidelines
necessary to carry out this Act.
(2) PARTICIPATION LIMITS- In addition to the general authority provided
under paragraph (1), the Attorney General shall--
(A) issue regulations and guidelines to ensure that programs authorized
in this Act do not permit participation by violent offenders; and
(B) immediately suspend funding for any grant under this part, pending
compliance, if the Attorney General finds that violent offenders are participating
in any program funded under this part.
(c) Geographic Distribution- The Attorney General shall ensure that, to the
extent practicable, an equitable geographic distribution of grant awards is
made under this Act.
SEC. 9. 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 Act.
(b) Evaluations- The Attorney General may provide for evaluations in furtherance
of the purposes of this Act.
SEC. 10. FUNDING FOR THE NATIONAL DRUG COURT INSTITUTE.
(a) Comprehensive, National Training and Technical Assistance for Drug Courts-
The National Drug Court Institute in Alexandria, Virginia, shall--
(1) conduct national, comprehensive training programs for State and local
communities for the purpose of improving the professional skills of drug
court practitioners and enhancing the ability of State and local communities
to expand drug courts to reach all addicted citizens in need of their resources;
(2) provide national, comprehensive Technical Assistance to adult, juvenile
and family dependency drug courts including a combination of information
gathering, needs assessment, cultural proficiency, analysis, problem solving,
action planning, referral and follow-up.
(b) Ancillary Projects- The National Drug Court Institute in Alexandria, Virginia,
shall complete ancillary programs designed to facilitate the expansion and
improvement of drug courts nationwide including--
(1) a Judicial Task Force to develop a transition plan for new drug court
(2) a resource center to maintain and distribute drug court evaluations
reviewed in the National Drug Court Institute Review, and to request new
research and evaluations for the drug court field;
(3) publishing annually the National Drug Court Institute Review to provide
research, analysis, and commentary of importance to the drug court field;
(4) searching drug court literature and identify, reprint, and disseminate
important and relevant scholarship to the drug court field.
(c) Authorization of Appropriations- There are authorized to be appropriated
to the Attorney General such sums as may be necessary to carry out this section.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
Except for section 10, there are authorized to be appropriated to the Director
such sums as may be necessary to carry out this Act.