To amend the Omnibus Crime Control and Safe Streets Act of 1968 to improve the Department of Justice drug court grant program, and for other purposes.

September 13, 2005

Mr. BOOZMAN (for himself and Mr. SOUDER) introduced the following bill; which was referred to the Committee on the Judiciary

To amend the Omnibus Crime Control and Safe Streets Act of 1968 to improve the Department of Justice drug court grant program, and for other purposes.

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 `Drug Courts Improvement Act of 2005'.

SEC. 2. IMPROVEMENTS TO DEPARTMENT OF JUSTICE DRUG COURT GRANT PROGRAM.

Section 2951 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797u) is amended by adding at the end the following new subsections:

`(c) Mandatory Drug Testing and Mandatory Sanctions-

`(1) MANDATORY TESTING- Grant amounts under this part may be used for a drug court only if the drug 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 testing. The standards--

`(A) shall ensure that--

`(i) each participant is tested for every controlled substance or addictive substance that the participant has been known to abuse, and for every other commonly used controlled substance or addictive substance; and

`(ii) the testing is as accurate as practicable; and

`(B) may specify the regularity of the testing.

`(2) MANDATORY SANCTIONS- Grant amounts under this part may be used for a drug court only if the drug court imposes immediate and dramatic punitive sanctions, therapeutic measures, or both whenever a participant fails a drug test. Such sanctions and measures may include, but are not limited to, one or more of the following:

`(A) Incarceration.

`(B) Detoxification treatment.

`(C) Residential treatment.

`(D) Increased time in program.

`(E) Termination from the program.

`(F) Increased drug screening requirements.

`(G) Increased court appearances.

`(H) Increased counseling.

`(I) Increased supervision.

`(J) Electronic monitoring.

`(K) In-home restriction.

`(L) Community service.

`(M) Family counseling.

`(N) Anger management classes.

`(O) Public apology (in written form, verbal form, or both).

`(d) Hearings in Public Places- Grant amounts under this part may be used by a drug court to carry out programs under which the court holds hearings in public places such as schools. Under such a program, the grant amounts may be used for expenses such as audio visual equipment, costs associated with televising or broadcasting court proceedings, security, educational supplies, and portable equipment. For each fiscal year, the Attorney General shall set aside a portion of the amounts made available for that fiscal year for programs under this subsection.'.

END