PRIA, Government Policy, Made Personal

Summary

The Attorney General can give grant money to states, courts, local governments, and tribal governments to run adult, juvenile, family, and tribal drug courts. These courts must keep judges involved in supervising nonviolent people with substance abuse problems (including those with mental health issues), work with the local prosecutor, and run combined sanctions and services. That must include regular drug testing, substance abuse treatment, options like diversion or probation that can lead to prosecution or confinement for noncompliance, aftercare services (for example relapse prevention, health care, education, job and housing help, and child or family support), and, when practical, having offenders pay part of treatment costs or restitution to victims or a victim fund. Any fines or economic penalties must not block a person’s rehabilitation. Grant money can only be used for drug courts that require periodic testing and that follow Attorney General guidelines on how and when to test. Tests must check for every controlled substance the person has been known to use and any others the Attorney General or court requires, and the testing must be accurate and practical. Grants also require drug courts to use graduated sanctions that grow stricter or more treatment-focused after a failed test. Those sanctions can include things like incarceration, detox or residential treatment, longer program time or termination, more testing and court appearances, extra counseling or supervision, electronic monitoring, home restrictions, community service, family counseling, or anger management.

Title 34, §10611

Navy, Source: USLM XML via OLRC

(a)In general

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)Limitation

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)Mandatory drug testing and mandatory sanctions

(1)Mandatory testing

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)Mandatory sanctions

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