34 USC 10595 - Authorization of appropriations

Collapse to view only § 10595a. Authorization of appropriations

§ 10591. Grants authorized
§ 10592. Use of grant funds
§ 10593. Program requirements
§ 10594. Applications
§ 10595. Reports
§ 10595a. Authorization of appropriations
§ 10596. Definitions

§ 10591. Grants authorized

The Attorney General may make grants to States, units of local government, territories, nonprofit organizations, and Indian Tribes to—

(1) develop, implement, and expand comprehensive and clinically-appropriate family-based substance abuse treatment programs as alternatives to incarceration for nonviolent parent drug offenders; and

(2) to 1

1 So in original. The word “to” probably should not appear.

provide prison-based family treatment programs for incarcerated parents of minor children or pregnant women.

(Pub. L. 90–351, title I, § 2921, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 674; amended Pub. L. 114–198, title II, § 201(c)(1), July 22, 2016, 130 Stat. 714; Pub. L. 115–391, title V, § 502(b)(1), Dec. 21, 2018, 132 Stat. 5228.)

§ 10592. Use of grant funds

Grants made to an entity under section 10591 of this title for a program described in such section may be used for—

(1) the development, implementation, and expansion of prison-based family treatment programs in correctional facilities for incarcerated parents with minor children (except for any such parent who there is reasonable evidence to believe engaged in domestic violence or child abuse);

(2) the development, implementation, and expansion of residential substance abuse treatment;

(3) coordination between appropriate correctional facility representatives and the appropriate governmental agencies;

(4) payments to public and nonprofit private entities to provide substance abuse treatment to nonviolent parent drug offenders participating in that program; and

(5) salaries, personnel costs, facility costs, and other costs directly related to the operation of that program.

(Pub. L. 90–351, title I, § 2922, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 675.)

§ 10593. Program requirements

(a) In general

A program for which a grant is made under section 10591(1) of this title shall comply with the following requirements:

(1) The program shall ensure that all providers of substance abuse treatment are approved by the State or Indian Tribe and are licensed, if necessary, to provide medical and other health services.

(2) The program shall ensure appropriate coordination and consultation with the Single State Authority for Substance Abuse of the State (as that term is defined in section 60521(e) of this title).

(3) The program shall consist of clinically-appropriate, comprehensive, and long-term family treatment, including the treatment of the nonviolent parent drug offender, the child of such offender, and any other appropriate member of the family of the offender.

(4) The program shall be provided in a residential setting that is not a hospital setting or an intensive outpatient setting.

(5) The program shall provide that if a nonviolent parent drug offender who participates in that program does not successfully complete the program the offender shall serve an appropriate sentence of imprisonment with respect to the underlying crime involved.

(6) The program shall ensure that a determination is made as to whether a nonviolent drug offender has completed the substance abuse treatment program.

(7) The program shall include the implementation of a system of graduated sanctions (including incentives) that are applied based on the accountability of the nonviolent parent drug offender involved throughout the course of that program to encourage compliance with that program.

(8) The program shall develop and implement a reentry plan for each participant.

(b) Prison-based programs

A program for which a grant is made under section 10591(2) of this title shall comply with the following requirements:

(1) The program shall integrate techniques to assess the strengths and needs of immediate and extended family of the incarcerated parent to support a treatment plan of the incarcerated parent.

(2) The program shall ensure that each participant in that program has access to consistent and uninterrupted care if transferred to a different correctional facility within the State or other relevant entity.

(3) The program shall be located in an area separate from the general population of the prison.

The Attorney General shall give priority consideration to grant applications for grants under section 10591 of this title that are submitted by a nonprofit organization that demonstrates a relationship with State and local criminal justice agencies, including—

(1) within the judiciary and prosecutorial agencies; or

(2) with the local corrections agencies, which shall be documented by a written agreement that details the terms of access to facilities and participants and provides information on the history of the organization of working with correctional populations.

(Pub. L. 90–351, title I, § 2923, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 675; amended Pub. L. 115–391, title V, § 502(b)(2), Dec. 21, 2018, 132 Stat. 5228.)

§ 10594. Applications

(a) In general

(b) Contents

(Pub. L. 90–351, title I, § 2924, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 676.)

§ 10595. Reports

An entity that receives a grant under this subchapter during a fiscal year shall submit to the Attorney General, not later than a date specified by the Attorney General, a report that describes and evaluates the effectiveness of that program during such fiscal year that—

(1) is based on evidence-based data; and

(2) uses the methods and measurements described in the application of that entity for purposes of evaluating that program.

(Pub. L. 90–351, title I, § 2925, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 676.)

§ 10595a. Authorization of appropriations

(a) In general

(b) Use of amounts

(Pub. L. 90–351, title I, § 2926, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 676; amended Pub. L. 115–391, title V, § 502(b)(3), Dec. 21, 2018, 132 Stat. 5228.)

§ 10596. Definitions

In this subchapter:

(1) Nonviolent parent drug offender

The term “nonviolent parent drug offender” means an offender who is—

(A) pregnant or a parent of an individual under 18 years of age; and

(B) convicted of a drug (or drug-related) felony that is a nonviolent offense.

(2) Nonviolent offense

The term “nonviolent offense” means an offense that—

(A) does not have as an element the use, attempted use, or threatened use of physical force against the person or property of another; or

(B) is not a felony that by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense.

(3) Prison-based family treatment program

(Pub. L. 90–351, title I, § 2927, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 676; amended Pub. L. 114–198, title II, § 201(c)(2), July 22, 2016, 130 Stat. 714; Pub. L. 114–255, div. B, title XIV, § 14028(b), Dec. 13, 2016, 130 Stat. 1312.)