home
***
CD-ROM
|
disk
|
FTP
|
other
***
search
/
Shareware Overload Trio 2
/
Shareware Overload Trio Volume 2 (Chestnut CD-ROM).ISO
/
dir33
/
crimbill.zip
/
CBILL05.TXT
< prev
next >
Wrap
Text File
|
1994-11-11
|
11KB
|
425 lines
TITLE V-DRUG COURTS
SEC. 50001. DRUG COURTS.
(a) In General .-Title I of the Omnibus Crime Control and Safe
Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section
is amended-
(1) by redesignating part V as part W;
(2) by redesignating section 2201 as section 2301; and
(3) by inserting after part U the following new part:
"PART V-DRUG COURTS
"SEC. 2201. 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 problems who are not violent offenders; 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 treatment 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. 2202. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS.
"The Attorney General shall-
"(1) issue regulations and guidelines to ensure that the programs
authorized in this part do not permit participation by violent
offenders; and
"(2) 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.
"SEC. 2203. DEFINITION.
"In this part, 'violent offender' means a person who-
"(1) is charged with or convicted of an offense, during the course of
which offense or conduct- "(A) the person carried, possessed, or used
a firearm or dangerous weapon;
"(B) there occurred the death of or serious bodily injury to any
person; or
"(C) there occurred the use of force against the person of another,
without regard to whether any of the circumstances described in
subparagraph (A), (B), or (C) is an element of the offense or conduct
of which or for which the person is charged or convicted; or
"(2) has one 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. 2204. 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.
"(d) Applications .-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;
"(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 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 one 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; and
"(8) describe the methodology that will be used in evaluating the
program.
"SEC. 2205. APPLICATIONS.
"To request funds under this part, the chief executive or the chief
justice of a State or the chief executive or [*H8816] chief judge of a
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.
"SEC. 2206. FEDERAL SHARE.
"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 2205 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. In-kind contributions
may constitute a portion of the non-Federal share of a grant.
"SEC. 2207. GEOGRAPHIC DISTRIBUTION.
"The Attorney General shall ensure that, to the extent practicable, an
equitable geographic distribution of grant awards is made.
"SEC. 2208. 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 report in March of the following year regarding
the effectiveness of this part.
"SEC. 2209. 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, the Attorney General may 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) Technical Amendment .-The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.), as amended by section 40231(b), is amended by striking the
matter relating to part V and inserting the following:
"Part V-Drug Courts
"Sec. 2201. Grant authority.
"Sec. 2202. Prohibition of participation by violent offenders.
"Sec. 2203. Definition.
"Sec. 2204. Administration.
"Sec. 2205. Applications.
"Sec. 2206. Federal share.
"Sec. 2207. Geographic distribution.
"Sec. 2208. Report.
"Sec. 2209. Technical assistance, training, and evaluation.
"Part W-Transition-Effective Date-Repealer
"Sec. 2301. Continuation of rules, authorities, and proceedings.".
(c) Authorization of Appropriations .-Section 1001(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793), as amended by section 40231(c), is amended-
(1) in paragraph (3) by striking "and U" and inserting "U, and V"; and
(2) by adding at the end the following new paragraph:
"(20) There are authorized to be appropriated to carry out part V-
"(1) $ 100,000,000 for fiscal year 1995;
"(2) $ 150,000,000 for fiscal year 1996;
"(3) $ 150,000,000 for fiscal year 1997;
"(4) $ 200,000,000 for fiscal year 1998;
"(5) $ 200,000,000 for fiscal year 1999; and
"(6) $ 200,000,000 for fiscal year 2000.".
SEC. 50002. STUDY BY THE GENERAL ACCOUNTING OFFICE.
(a) In General .-The Comptroller General of the United States shall
study and assess the effectiveness and impact of grants authorized by
part V of title I of the Omnibus Crime Control and Safe Streets Act of
1968 as added by section 50001(a) and report to Congress the results
of the study on or before January 1, 1997.
(b) Documents and Information .-The Attorney General and grant
recipients shall provide the Comptroller General with all relevant
documents and information that the Comptroller General deems necessary
to conduct the study under subsection (a), including the identities
and criminal records of program participants.
(c) Criteria .-In assessing the effectiveness of the grants made under
programs authorized by part V of the Omnibus Crime Control and Safe
Streets Act of 1968, the Comptroller General shall consider, among
other things-
(1) recidivism rates of program participants; (2) completion rates
among program participants;
(3) drug use by program participants; and
(4) the costs of the program to the criminal justice system.