§10422 — Title 34 Navy | U.S. Code

Summary

A State’s chief executive must send an application to the Attorney General in the form the Attorney General requires to get a grant. The application must promise that federal money will add to, not replace, state money. It must show how the State will work with correctional officials and the State alcohol and drug agency (and local agencies when needed) to design and run treatment programs. The State must require urinalysis or other proven reliable testing, including periodic and random tests, before a person enters a residential treatment program and during treatment, and for people who leave the program but remain in State custody. The application must also explain how the grant will be coordinated with federal help from the Department of Health and Human Services’ Substance Abuse and Mental Health Services Administration. People in treatment paid for by the grant must get aftercare services, such as case management and a range of support services from approved and, if needed, licensed providers. Aftercare must link the prison program with other services like education, job training, parole supervision, halfway houses, and peer groups, and must help place people with community treatment when they leave custody. The office in charge of the trust fund required by section 10158 must prepare the application and run the grants, including reviewing spending, reports, audits, and paying out funds. A State may use these grants for nonresidential aftercare if the chief executive certifies the State provides, and will keep providing, an adequate level of residential treatment.

Title 34, §10422

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(a)(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 11 So in original. Probably should not be capitalized. and Drug 1 Abuse 1 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)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)(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 22 So in original. Probably should be “Aftercare”. services required by this subsection shall be funded through funds provided for this subchapter.

(d)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)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)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.

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

Amendments

by Pub. L. 110–199 and requirements for grants made under such

Amendments

, see section 60504 of this title.

§10422 State Applications

Summary

Title 34, §10422

Notes & Related Subsidiaries

Editorial Notes

Amendments

Statutory Notes and Related Subsidiaries

Effective Date

Amendments

Construction

Construction

Amendments

Amendments

Citations & Metadata