§10611 — Title 34 Navy | U.S. Code

Summary

The Attorney General can give money to states, courts, local governments, and tribal governments to run adult, juvenile, family, and tribal drug courts that follow certain rules. These courts must keep judges involved with nonviolent people who have drug or substance problems (including mental health issues), work with the local prosecutor, and mix punishments and services. That mix must include regular drug testing, substance use treatment, options like diversion or probation that can lead to prosecution or jail if rules are broken, aftercare and support services (for example, relapse prevention, health care, education, job and housing help, child care), and, when practical, asking the offender to pay part of treatment costs or restitution to victims. Money cannot be used unless the court has required periodic drug testing and graduated penalties for failed tests. The Attorney General will set rules for how and when tests happen and make sure tests cover drugs the person has used and are accurate and practical. Courts must use escalating responses when a test is failed. Those responses can raise punishments, increase treatment, or both, and may include things like jail, detox or residential care, more testing, longer program time, more court check-ins, extra counseling or supervision, electronic monitoring, home restriction, community service, family counseling, or anger management.

Title 34, §10611

Navy — Source: USLM XML via OLRC

(a)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, including co-occurring substance abuse and mental health problems, who are not violent offenders;

(2)coordination with the appropriate State or local prosecutor; and

(3)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;

(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 practicable, such as costs for urinalysis or counseling; and

(F)payment, in whole or part, by the offender of restitution, to the extent practicable, to either a victim of the offender’s offense or to a restitution or similar victim support fund.

(b)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)(1)Grant amounts under this subchapter 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 timing and manner of complying with such requirements. The standards—

(A)shall ensure that—

(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)the testing is accurate and practicable; and

(B)may require approval of the drug testing regime to ensure that adequate testing occurs.

(2)The Attorney General shall, by prescribing guidelines or regulations, specify that grant amounts under this subchapter may be used for a drug court only if the drug 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, 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.

Notes & Related Subsidiaries

Editorial Notes

Codification Section was formerly classified to section 3797u of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.

Amendments

2016—Subsec. (a)(1). Pub. L. 114–255 inserted “, including co-occurring substance abuse and mental health problems,” after “abuse problems”. 2006—Subsec. (a)(1). Pub. L. 109–162 substituted “offenders, and other individuals under the jurisdiction of the court, with substance abuse problems” for “offenders with substance abuse problems”. Subsec. (c). Pub. L. 109–177 added subsec. (c).

§10611 Grant authority

Summary

Title 34, §10611

Notes & Related Subsidiaries

Editorial Notes

Amendments

Citations & Metadata