Title 34, NavyRelease 119-110
§10422 State Applications
Title 34 › Subtitle I — Comprehensive Acts › CHAPTER 101 — JUSTICE SYSTEM IMPROVEMENT › SUBCHAPTER XVIII — RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS › § 10422
Summary
The state chief executive must apply to the Attorney General to get a grant. The application must follow the Attorney General’s rules. It must promise that federal money will add to, not replace, state or local money. The plan must show how prison officials and the state alcohol and drug agency (and local agencies if needed) will work together to set up and run treatment programs. To get money, the state must require urinalysis or other reliable testing, both periodic and random, before and during residential treatment and for anyone released who stays in state custody. The state must also give aftercare to people who finish treatment. Aftercare can include case management and other support services, and providers must be approved or licensed if needed. Aftercare must link prison treatment with education, job training, parole supervision, halfway houses, and peer programs, and help place people in community treatment when they leave custody. The application must say how the funds will work with federal SAMHSA programs. The office that runs the trust fund required by section 10158 must prepare the application and manage the grants, including spending reviews, reports, audits, and payments. A state may use funds for nonresidential aftercare if the chief executive certifies the state still provides adequate residential treatment.
Full Legal Text
Title 34, §10422
Navy, Source: USLM XML via OLRC
(a)In general
(1)To request a grant under this subchapter the chief executive of a State shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require.
(2)Such application shall include assurances that Federal funds received under this subchapter shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subchapter.
(3)Such application shall coordinate the design and implementation of treatment programs between State correctional representatives and the State Alcohol and Drug Abuse agency (and, if appropriate, between representatives of local correctional agencies and representatives of either the State alcohol and drug abuse agency or any appropriate local alcohol and drug abuse agency).
(b)Substance abuse testing requirement
To be eligible to receive funds under this subchapter, a State must agree to implement or continue to require urinalysis or other proven reliable forms of testing, including both periodic and random testing—
(1)of an individual before the individual enters a residential substance abuse treatment program and during the period in which the individual participates in the treatment program; and
(2)of an individual released from a residential substance abuse treatment program if the individual remains in the custody of the State.
(c)Requirement for aftercare component
(1)To be eligible for funding under this subchapter, a State shall ensure that individuals who participate in the substance abuse treatment program established or implemented with assistance provided under this subchapter will be provided with aftercare services, which may include case management services and a full continuum of support services that ensure providers furnishing services under that program are approved by the appropriate State or local agency, and licensed, if necessary, to provide medical treatment or other health services.
(2)State aftercare services must involve the coordination of the correctional facility treatment program with other human service and rehabilitation programs, such as educational and job training programs, parole supervision programs, half-way house programs, and participation in self-help and peer group programs, that may aid in the rehabilitation of individuals in the substance abuse treatment program.
(3)To qualify as an aftercare program, the head of the substance abuse treatment program, in conjunction with State and local authorities and organizations involved in substance abuse treatment, shall assist in placement of substance abuse treatment program participants with appropriate community substance abuse treatment facilities when such individuals leave the correctional facility at the end of a sentence or on parole.
(4)After care services required by this subsection shall be funded through funds provided for this subchapter.
(d)Coordination of Federal assistance
Each application submitted for a grant under this section shall include a description of how the funds made available under this section will be coordinated with Federal assistance for substance abuse treatment and aftercare services currently provided by the Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration.
(e)State office
The office responsible for the trust fund required by section 10158 of this title—
(1)shall prepare the application as required under this section; and
(2)shall administer grant funds received under this subchapter, including review of spending, processing, progress, financial reporting, technical assistance, grant adjustments, accounting, auditing, and fund disbursement.
(f)Use of grant amounts for nonresidential aftercare services
A State may use amounts received under this subchapter 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.
Legislative History
Notes & Related Subsidiaries
Editorial Notes
Codification Section was formerly classified to section 3796ff–1 of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification.
Amendments
2008—Subsec. (c). Pub. L. 110–199 substituted “Requirement for aftercare component” for “Aftercare services requirement” in heading and amended par. (1) generally. Prior to amendment, par. (1) read as follows: “To be eligible for funding under this subchapter, a State shall ensure that individuals who participate in the substance abuse treatment program established or implemented with assistance provided under this subchapter will be provided with after care services.” 2006—Subsec. (b). Pub. L. 109–162, § 1145(a), reenacted subsec. heading without change and amended text generally. Prior to amendment, text read as follows: “To be eligible to receive funds under this subchapter, a State must agree to implement or continue to require urinalysis or other proven reliable forms of testing of individuals in correctional residential substance abuse treatment programs. Such testing shall include individuals released from residential substance abuse treatment programs who remain in the custody of the State.” Subsec. (c). Pub. L. 109–162, § 1145(b)(1), substituted “Aftercare services requirement” for “Eligibility for preference with after care component” in subsec. heading. Subsec. (c)(1). Pub. L. 109–162, § 1145(b)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: “To be eligible for a preference under this subchapter, a State must ensure that individuals who participate in the substance abuse treatment program established or implemented with assistance provided under this subchapter will be provided with aftercare services.” Subsec. (c)(4). Pub. L. 109–162, § 1145(b)(3), added par. (4). Subsec. (e). Pub. L. 109–162, § 1111(c)(2)(J), substituted “The office responsible for the trust fund required by section 3757 of this title” for “The Office designated under section 3757 of this title” in introductory provisions. 2002—Subsec. (f). Pub. L. 107–273 added subsec. (f).
Statutory Notes and Related Subsidiaries
Effective Date
of 2006 AmendmentAmendment by section 1111(c)(2)(J) of Pub. L. 109–162 applicable with respect to the first fiscal year beginning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109–162, set out as a note under section 10151 of this title. Pub. L. 109–162, title XI, § 1147, as added by Pub. L. 109–271, § 8(n)(2)(A), Aug. 12, 2006, 120 Stat. 767, provided that: “The
Amendments
made by section 1144 and 1145 [amending this section and section 10423 and 10424 of this title] shall take effect on October 1, 2006.”
Construction
of 2008 AmendmentFor
Construction
of
Amendments
by Pub. L. 110–199 and requirements for grants made under such
Amendments
, see section 60504 of this title.
Reference
Citations & Metadata
Citation
34 U.S.C. § 10422
Title 34, Navy
Last Updated
Sep 23, 2026
Release point: 119-110