2000 
[DOCID: f:s146is.txt]






107th CONGRESS
  1st Session
                                 S. 146

   To amend part S of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 to permit the use of certain amounts for assistance 
  to jail-based substance treatment programs, and for other purposes.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 23, 2001

   Mr. Lugar introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To amend part S of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 to permit the use of certain amounts for assistance 
  to jail-based substance treatment programs, 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. JAIL-BASED SUBSTANCE ABUSE TREATMENT PROGRAMS.

    (a) Use of Residential Substance Abuse Treatment Grants To Provide 
Aftercare Services.--Section 1901 of part S of the Omnibus Crime 
Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff-1) is amended by 
adding at the end the following:
    ``(f) Use of Grant Amounts for Nonresidential Aftercare Services.--
A State may use amounts received under this part to provide 
nonresidential substance abuse treatment aftercare services for inmates 
or former inmates that meet the requirements of subsection (c), if the 
chief executive officer of the State certifies to the Attorney General 
that the State is providing, and will continue to provide, an adequate 
level of residential treatment services.''.
    (b) Jail-Based Substance Abuse Treatment.--Part S of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3796ff et 
seq.) is amended by adding at the end the following:

``SEC. 1906. JAIL-BASED SUBSTANCE ABUSE TREATMENT.

    ``(a) Definitions.--In this section:
            ``(1) Jail-based substance abuse treatment program.--The 
        term `jail-based substance abuse treatment program' means a 
        course of individual and group activities, lasting for a period 
        of not less than 3 months, in an area of a correctional 
        facility set apart from the general population of the 
        correctional facility, if those activities are--
                    ``(A) directed at the substance abuse problems of 
                prisoners; and
                    ``(B) intended to develop the cognitive, 
                behavioral, social, vocational, and other skills of 
                prisoners in order to address the substance abuse and 
                related problems of prisoners.
            ``(2) Local correctional facility.--The term `local 
        correctional facility' means any correctional facility operated 
        by a unit of local government.
    ``(b) Authorization.--
            ``(1) In general.--Not less than 10 percent of the total 
        amount made available to a State under section 1904(a) for any 
        fiscal year may be used by the State to make grants to local 
        correctional facilities in the State for the purpose of 
        assisting jail-based substance abuse treatment programs 
        established by those local correctional facilities.
            ``(2) Federal share.--The Federal share of a grant made by 
        a State under this section to a local correctional facility may 
        not exceed 75 percent of the total cost of the jail-based 
        substance abuse treatment program described in the application 
        submitted under subsection (c) for the fiscal year for which 
        the program receives assistance under this section.
    ``(c) Applications.--
            ``(1) In general.--To be eligible to receive a grant from a 
        State under this section for a jail-based substance abuse 
        treatment program, the chief executive of a local correctional 
        facility shall submit to the State, in such form and containing 
        such information as the State may reasonably require, an 
        application that meets the requirements of paragraph (2).
            ``(2) Application requirements.--Each application submitted 
        under paragraph (1) shall include--
                    ``(A) with respect to the jail-based substance 
                abuse treatment program for which assistance is sought, 
                a description of the program and a written 
                certification that--
                            ``(i) the program has been in effect for 
                        not less than 2 consecutive years before the 
                        date on which the application is submitted; and
                            ``(ii) the local correctional facility 
                        will--
                                    ``(I) coordinate the design and 
                                implementation of the program between 
                                local correctional facility 
                                representatives and the appropriate 
                                State and local alcohol and substance 
                                abuse agencies;
                                    ``(II) implement (or continue to 
                                require) urinalysis or other proven 
                                reliable forms of substance abuse 
                                testing of individuals participating in 
                                the program, including the testing of 
                                individuals released from the jail-
                                based substance abuse treatment program 
                                who remain in the custody of the local 
                                correctional facility; and
                                    ``(III) carry out the program in 
                                accordance with guidelines, which shall 
                                be established by the State, in order 
                                to guarantee each participant in the 
                                program access to consistent, continual 
                                care if transferred to a different 
                                local correctional facility within the 
                                State;
                    ``(B) written assurances that Federal funds 
                received by the local correctional facility from the 
                State under this section will be used to supplement, 
                and not to supplant, non-Federal funds that would 
                otherwise be available for jail-based substance abuse 
                treatment programs assisted with amounts made available 
                to the local correctional facility under this section; 
                and
                    ``(C) a description of the manner in which amounts 
                received by the local correctional facility from the 
                State under this section will be coordinated with 
                Federal assistance for substance abuse treatment and 
                aftercare services provided to the local correctional 
                facility by the Substance Abuse and Mental Health 
                Services Administration of the Department of Health and 
                Human Services.
    ``(d) Review of Applications.--
            ``(1) In general.--Upon receipt of an application under 
        subsection (c), the State shall--
                    ``(A) review the application to ensure that the 
                application, and the jail-based residential substance 
                abuse treatment program for which a grant under this 
                section is sought, meet the requirements of this 
                section; and
                    ``(B) if the requirements of this section are met, 
                make an affirmative finding in writing that the jail-
             
1c1b
   based substance abuse treatment program for which 
                assistance is sought meets the requirements of this 
                section.
            ``(2) Approval.--Based on the review conducted under 
        paragraph (1), not later than 90 days after the date on which 
        an application is submitted under subsection (c), the State 
        shall--
                    ``(A) approve the application, disapprove the 
                application, or request a continued evaluation of the 
                application for an additional period of 90 days; and
                    ``(B) notify the applicant of the action taken 
                under subparagraph (A) and, with respect to any denial 
                of an application under subparagraph (A), afford the 
                applicant an opportunity for reconsideration.
            ``(3) Eligibility for preference with aftercare 
        component.--
                    ``(A) In general.--In making grants under this 
                section, a State shall give preference to applications 
                from local correctional facilities that ensure that 
                each participant in the jail-based substance abuse 
                treatment program for which a grant under this section 
                is sought, is required to participate in an aftercare 
                services program that meets the requirements of 
                subparagraph (B), for a period of not less than 1 year 
                following the earlier of--
                            ``(i) the date on which the participant 
                        completes the jail-based substance abuse 
                        treatment program; or
                            ``(ii) the date on which the participant is 
                        released from the correctional facility at the 
                        end of the sentence of the participant or is 
                        released on parole.
                    ``(B) Aftercare services program requirements.--For 
                purposes of subparagraph (A), an aftercare services 
                program meets the requirements of this paragraph if the 
                program--
                            ``(i) in selecting individuals for 
                        participation in the program, gives priority to 
                        individuals who have completed a jail-based 
                        substance abuse treatment program;
                            ``(ii) requires each participant in the 
                        program to submit to periodic substance abuse 
                        testing; and
                            ``(iii) involves the coordination between 
                        the jail-based substance abuse treatment 
                        program and other human service and 
                        rehabilitation programs that may assist in the 
                        rehabilitation of program participants, such 
                        as--
                                    ``(I) educational and job training 
                                programs;
                                    ``(II) parole supervision programs;
                                    ``(III) half-way house programs; 
                                and
                                    ``(IV) participation in self-help 
                                and peer group programs; and
                            ``(iv) assists in placing jail-based 
                        substance abuse treatment program participants 
                        with appropriate community substance abuse 
                        treatment facilities upon release from the 
                        correctional facility at the end of a sentence 
                        or on parole.
    ``(e) Coordination and Consultation.--
            ``(1) Coordination.--Each State that makes 1 or more grants 
        under this section in any fiscal year shall, to the maximum 
        extent practicable, implement a statewide communications 
        network with the capacity to track the participants in jail-
        based substance abuse treatment programs established by local 
        correctional facilities in the State as those participants move 
        between local correctional facilities within the State.
            ``(2) Consultation.--Each State described in paragraph (1) 
        shall consult with the Attorney General and the Secretary of 
        Health and Human Services to ensure that each jail-based 
        substance abuse treatment program assisted with a grant made by 
        the State under this section incorporates applicable components 
        of comprehensive approaches, including relapse prevention and 
        aftercare services.
    ``(f) Use of Grant Amounts.--
            ``(1) In general.--Each local correctional facility that 
        receives a grant under this section shall use the grant amount 
        solely for the purpose of carrying out the jail-based substance 
        abuse treatment program described in the application submitted 
        under subsection (c).
            ``(2) Administration.--Each local correctional facility 
        that receives a grant under this section shall carry out all 
        activities relating to the administration of the grant amount, 
        including reviewing the manner in which the amount is expended, 
        processing, monitoring the progress of the program assisted, 
        financial reporting, technical assistance, grant adjustments, 
        accounting, auditing, and fund disbursement.
            ``(3) Restriction.--A local correctional facility may not 
        use any amount of a grant under this section for land 
        acquisition or a construction project.
    ``(g) Reporting Requirement; Performance Review.--
            ``(1) Reporting requirement.--Not later than March 1 of 
        each year, each local correctional facility that receives a 
        grant under this section shall submit to the Attorney General, 
        through the State, a description and evaluation of the jail-
        based substance abuse treatment program carried out by the 
        local correctional facility with the grant amount, in such form 
        and containing such information as the Attorney General may 
        reasonably require.
            ``(2) Performance review.--The Attorney General shall 
        conduct an annual review of each jail-based substance abuse 
        treatment program assisted under this section, in order to 
        verify the compliance of local correctional facilities with the 
        requirements of this section.
    ``(h) No Effect on State Allocation.--Nothing in this section shall 
be construed to affect the allocation of amounts to States under 
section 1904(a).''.
    (c) Technical Amendment.--The table of contents for title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.) is amended, in the matter relating to part S, by adding at the 
end the following:

``1906. Jail-based substance abuse treatment.''.
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