1. U.S. Code
  2. title 34
  3. subtitle 2
  4. chapter 101
  5. subchapter XXX
  6. § 10612

Collapse to view only § 10612. Prohibition of participation by violent offenders

§ 10611. Grant authority
(a) In generalThe 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
(c) Mandatory drug testing and mandatory sanctions
(1) Mandatory testingGrant 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 sanctionsThe 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.
(Pub. L. 90–351, title I, § 2951, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1794; amended Pub. L. 109–162, title XI, § 1143, Jan. 5, 2006, 119 Stat. 3111; Pub. L. 109–177, title VII, § 751, Mar. 9, 2006, 120 Stat. 273; Pub. L. 114–255, div. B, title XIV, § 14007(1), Dec. 13, 2016, 130 Stat. 1296.)

CITE AS: 34 USC 10611

§ 10612. Prohibition of participation by violent offenders
The Attorney General shall—
(1) issue regulations or guidelines to ensure that the programs authorized in this subchapter do not permit participation by violent offenders; and
(2) immediately suspend funding for any grant under this subchapter, pending compliance, if the Attorney General finds that violent offenders are participating in any program funded under this subchapter.
(Pub. L. 90–351, title I, § 2952, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1795.)

CITE AS: 34 USC 10612

§ 10613. Definition
(a) In generalExcept as provided in subsection (b), in this subchapter, the term “violent offender” means a person who—
(1) is charged with or convicted of an offense that is punishable by a term of imprisonment exceeding one year, during the course of which offense or conduct—
(A) the person carried, possessed, or used a firearm or dangerous weapon;
(B) there occurred the death of or serious bodily injury to any person; or
(C) there occurred the use of force against the person of another, without regard to whether any of the circumstances described in subparagraph (A) or (B) is an element of the offense or conduct of which or for which the person is charged or convicted; or
(2) has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm.
(b) Definition for purposes of juvenile drug courtsFor purposes of juvenile drug courts, the term “violent offender” means a juvenile who has been convicted of, or adjudicated delinquent for, a felony-level offense that—
(1) has as an element, the use, attempted use, or threatened use of physical force against the person or property of another, or the possession or use of a firearm; or
(2) 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.
(Pub. L. 90–351, title I, § 2953, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1795; amended Pub. L. 109–162, title XI, § 1141, Jan. 5, 2006, 119 Stat. 3110; Pub. L. 110–199, title I, § 103(a), Apr. 9, 2008, 122 Stat. 668.)

CITE AS: 34 USC 10613

§ 10614. Administration
(a) Consultation
(b) Use of components
(c) Regulatory authority
(d) Applications
In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this subchapter shall—
(1) include a long-term strategy and detailed implementation plan that shall provide for the consultation and coordination with appropriate State and local prosecutors, particularly when program participants fail to comply with program requirements;
(2) explain the applicant’s inability to fund the program adequately without Federal assistance;
(3) certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available;
(4) identify related governmental or community initiatives which complement or will be coordinated with the proposal;
(5) certify that there has been appropriate consultation with all affected agencies and that there will be appropriate coordination with all affected agencies in the implementation of the program;
(6) certify that participating offenders will be supervised by 1 or more designated judges with responsibility for the drug court program;
(7) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support; and
(8) describe the methodology that will be used in evaluating the program.
(Pub. L. 90–351, title I, § 2954, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1796.)

CITE AS: 34 USC 10614

§ 10615. Applications

To request funds under this subchapter, the chief executive or the chief justice of a State or the chief executive or judge of a unit of local government or Indian tribal government, or the chief judge of a State court or the judge of a local court or Indian tribal court shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require.

(Pub. L. 90–351, title I, § 2955, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1797.)

CITE AS: 34 USC 10615

§ 10616. Federal share
(a) In general
(b) In-kind contributions
(Pub. L. 90–351, title I, § 2956, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1797.)

CITE AS: 34 USC 10616

§ 10617. Distribution and allocation
(a) Geographic distribution
(b) Technical assistance and training
(Pub. L. 90–351, title I, § 2957, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1797; amended Pub. L. 109–162, title XI, § 1142(a), Jan. 5, 2006, 119 Stat. 3110; Pub. L. 109–271, § 8(l), Aug. 12, 2006, 120 Stat. 767.)

CITE AS: 34 USC 10617

§ 10618. Report

A State, Indian tribal government, or unit of local government that receives funds under this subchapter during a fiscal year shall submit to the Attorney General a description and an evaluation report on a date specified by the Attorney General regarding the effectiveness of this subchapter.

(Pub. L. 90–351, title I, § 2958, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1797.)

CITE AS: 34 USC 10618

§ 10619. Technical assistance, training, and evaluation
(a) Technical assistance and training
(b) Evaluations
(c) Administration
(Pub. L. 90–351, title I, § 2959, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1797; amended Pub. L. 114–255, div. B, title XIV, § 14007(2), Dec. 13, 2016, 130 Stat. 1296.)

CITE AS: 34 USC 10619