S 3379
110th CONGRESS
2d Session
S. 3379
To provide grants to establish veteran's treatment courts.
IN THE SENATE OF THE UNITED STATES
July 31, 2008
Mr. KERRY (for himself, Ms. MURKOWSKI, and Mr. DURBIN) introduced the
following bill; which was read twice and referred to the Committee on
the Judiciary
A BILL
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 that involve--
(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 shall include--
(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 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, 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 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.
(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 103-322).
(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; or
(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.
(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 additional 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; and
(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 judges;
(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; and
(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 to carry out this section $10,000,000 for each
of the fiscal years 2009 through 2014 to remain available until expended.
SEC. 11. AUTHORIZATION OF APPROPRIATIONS.
Except for section 10, there are authorized to be appropriated to the
Director to carry out this Act $25,000,000 for each of fiscal years
2009 to 2014.
END
