H. R. 82
To reauthorize and amend part EE of the Omnibus Crime Control and
Safe Streets Act of 1968 relating to drug courts.
IN THE HOUSE OF REPRESENTATIVES
January 5, 2011
Ms. JACKSON LEE of Texas introduced the following bill; which was referred
to the Committee on the Judiciary
To reauthorize and amend part EE of the Omnibus Crime Control and
Safe Streets Act of 1968 relating to drug courts.
Be it enacted by the Senate and House of Representatives of the United
States of America in Congress assembled,
SECTION 1. SHORT TITLE; FINDINGS.
(a) Short Title- This Act may be cited as the `Drug Court Reauthorization
(b) Findings- The Congress finds the following:
(1) Studies have concluded that drug courts significantly reduce crime by
as much as 35 percent more than other sentencing options.
(2) Nationwide, 75 percent of participants who successfully complete a drug
court program remain arrest-free for at least 2 years after leaving the
program, and some studies demonstrate that many graduates remain arrest-free
for many more years.
(3) Drug courts are 6 times more likely than other sentencing options to
keep offenders in treatment long enough to recover, and in programs with
less supervision than drug courts, 70 percent of participants drop out of
(4) Nationwide, for every $1 invested in drug courts, taxpayers save as
much as $3.36.
(5) In 2007, for every Federal dollar invested in drug courts, $9 was leveraged
in State funding.
SEC. 2. DRUG COURTS.
(a) In General- Part EE of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3797u et seq.) is amended to read as follows:
`PART EE--DRUG COURTS
`SEC. 2951. GRANT AUTHORITY.
`(a) In General- 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
adult drug courts, juvenile drug courts, family drug courts, and tribal drug
courts that involve--
`(1) continuing judicial supervision over offenders, and other individuals
under the jurisdiction of the court, with substance abuse problems;
`(2) coordination with the appropriate State or local court, State or local
substance abuse treatment authority, public defender, and prosecutor; and
`(3) 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 treatment for each participant, commensurate with
the clinical needs of the 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;
`(D) 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;
`(E) payment, in whole or part, by the offender of treatment costs, to
the extent the court determines that such payment is practicable, such
as costs for urinalysis or counseling; and
`(F) payment, in whole or part, by the offender of restitution, to the
extent the court determines that such payment is practicable, to either
a victim of the offender's offense or to a restitution or similar victim
`(b) Limitation- Economic sanctions imposed on an offender pursuant to this
section shall not be at a level that would interfere with the offender's rehabilitation.
`(c) Mandatory Drug Testing and Mandatory Sanctions-
`(1) MANDATORY TESTING- Grant amounts under this part may be used for a
drug court only if such court has mandatory periodic testing as described
in subsection (a)(3)(A). The Attorney General shall, by prescribing guidelines
or regulations, specify standards for the timing and manner of complying
with such requirements. The standards--
`(i) each participant is tested for every controlled substance that
the participant has been known to abuse, and for any other controlled
substance the Attorney General or the court may require; and
`(ii) such testing is accurate and practicable; and
`(B) may require approval of the drug testing regime to ensure that adequate
`(2) MANDATORY SANCTIONS- The Attorney General shall, by prescribing guidelines
or regulations, specify that grant amounts under this part may be used for
a drug court only if such court imposes graduated sanctions that increase
punitive measures, therapeutic measures, or both, whenever a participant
fails a drug test. Such sanctions and measures may include one or more of
`(B) Increased time in the drug court program.
`(C) Termination from such program.
`(D) Increased drug screening requirements.
`(E) Increased court appearances.
`(F) Increased supervision.
`(G) Electronic monitoring.
`(H) In-home restriction.
`SEC. 2952. 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 part.
`(b) Use of Components- The Attorney General may utilize any component or
components of the Department of Justice in carrying out this part.
`(c) Regulatory Authority- The Attorney General may issue regulations and
guidelines necessary to carry out this part.
`SEC. 2953. APPLICATIONS.
`(a) In General- To request funds under this part, 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 require.
`(b) Content- In addition to any other requirements that may be specified
by the Attorney General, an application for a grant under this part shall--
`(1) include a long-term strategy and detailed implementation plan for the
drug court program to be carried out under such grant;
`(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 and will continue to be appropriate consultation
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;
`(8) certify that statements made by an offender during, or for admission
to, a drug court program (including to judges, prosecutors, defense counsel,
social service providers, and other public health and public safety professionals
who work in the drug court) regarding the offender's drug use shall not
be used as evidence against the offender in any criminal proceeding other
than a proceeding that is part of the drug court program, including drug
court proceedings involving sanctions, program termination, and related
matters such as probation violation hearings based on noncompliance with
the terms of participating in the drug court program;
`(9) certify that admission criteria for the program--
`(A) are broad enough to ensure access for all drug-dependent, high-risk
individuals under the court's jurisdiction who are not violent offenders;
`(B) do not discriminate based upon race, gender, religion, national origin,
economic status, or immigration status; and
`(C) are established by a panel or commission with broad representation
from stakeholders in the criminal justice community, including judges,
prosecutors, defense counsel, and social service providers;
`(10) certify that the applicant has established a policy for the consideration
and selection of offenders who are not violent offenders to participate
in the program, based on the admission criteria pursuant to paragraph (9),
`(A) has been approved by the judge or judges with responsibility for
the drug court program under paragraph (6) and any other parties responsible
for such consideration and selection of offenders, including prosecutors,
defense counsel, and social service providers, as appropriate;
`(B) includes a process to ensure that the individual circumstances of
offenders are considered to take into account mitigating factors related
to the offender, as appropriate; and
`(C) ensures that the public safety needs of the applicant's jurisdiction
`(11) demonstrate the existence of adequate protections for participating
offenders' right to competent counsel under the Sixth Amendment to the Constitution;
`(12) outline ways for ensuring access to the program for offenders who
are high-risk for continued substance abuse and drug-related crime, are
facing the longest sentences, and are high-need based on drug dependency;
`(13) describe the methodology that will be used in evaluating the program,
including demonstration of research related to alternative sentences for
offenders whose illegal conduct was caused by drug dependency; and
`(14) certify that substance abuse treatment services provided to participants
are licensed or accredited by the State substance abuse authority and that
State standards of care are utilized.
`(c) Definition- In this section:
`(1) The term `violent offender' means an individual who has committed an
offense that, by its nature, involves a substantial use of physical force
with the specific intent to cause serious bodily injury or harm to another
individual, as determined by the entity applying for or receiving a grant
under this part.
`(2) The term `sex offender' means an individual who has committed an act
of sexual assault as such term is defined in section 40002 of the Violence
Against Women Act of 1994 (42 U.S.C. 13925).
`SEC. 2954. FEDERAL SHARE.
`(a) In General- The Federal share of a grant made under this part may not
exceed 75 percent of the total costs of the program described in the application
submitted under section 2953 for the fiscal year for which the program receives
assistance under this part, 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.
`SEC. 2955. DISTRIBUTION AND ALLOCATION.
`(a) Consideration and Distribution- The Attorney General shall ensure that--
`(1) all States, State courts, local courts, units of local government,
and Indian tribal governments are provided with an opportunity to apply
and be considered for a grant under this part; and
`(2) 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 part 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 part, 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.
`SEC. 2956. REPORT.
`A State, Indian tribal government, or unit of local government that receives
funds under this part 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 part.
`SEC. 2957. 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 part.
`(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 part.
`(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.'.
(b) Reauthorization- Paragraph (25) of section 1001(a) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)) is amended to read
`(25)(A) There are authorized to be appropriated to carry out part EE--
`(i) $125,000,000 for fiscal year 2012;
`(ii) $150,000,000 for fiscal year 2013;
`(iii) $200,000,000 for fiscal year 2014; and
`(iv) $250,000,000 for each of fiscal years 2015 through 2018.
`(B) The Attorney General shall reserve not less than 1 percent and not
more than 4.5 percent of the sums appropriated for this program in each
fiscal year for research and evaluation of this program.'.