§10611 — Title 34 Navy | U.S. Code

Summary

The Attorney General can give grants to states, courts, local governments, and tribal governments, either directly or through agreements, to run adult, juvenile, family, and tribal drug courts. These courts must keep judges supervising people with substance use problems (including those who also have mental health issues) who are not violent offenders. The courts must work with the local prosecutor and provide both penalties and services together. That includes required regular drug testing, treatment, supervised release or probation that can lead to prosecution or jail for not following rules, and aftercare like relapse prevention, health care, job training, housing help, and child or family support. Offenders should pay treatment costs or restitution when it is practical. Money punishments must not be so high that they stop rehabilitation. The Attorney General will set rules for how and when testing happens and may approve testing plans. Grants can only be used if the court requires regular testing and uses stepped-up penalties or more treatment when someone fails a test. Examples of responses include jail, detox or residential treatment, longer program time, more testing or court appearances, more counseling or supervision, electronic monitoring or house arrest, community service, family counseling, and 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