Sec. 7. Treatment alternative to incarceration programs
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/bill/114/hr/3719/ih/section-7A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Part LL of the Omnibus Crime Control and Safe Streets Act of 1968, as added by section 3, is amended by adding at the end the following: In this section: The term eligible entity means a State, unit of local government, Indian tribe, or nonprofit organization. The term eligible participant means an individual who— comes in contact with the juvenile justice system or criminal justice system or is arrested or charged with an offense; has a history of or a current— substance use disorder; mental illness; or co-occurring mental illness and substance use disorder; and has been approved for participation in a program funded under this section by the relevant law enforcement agency, prosecuting attorney, defense attorney, probation or corrections official, judge, or representative from the relevant mental health or substance abuse agency, as applicable.
The Attorney General may make grants to eligible entities to develop, implement, or expand a treatment alternative to incarceration programs for eligible participants, including— programs for use before the filing of criminal charges against an individual, which shall include— training for law enforcement officers on substance use disorders, mental illness, and co-occurring mental illness and substance use disorders; the use of receiving centers as alternatives to incarceration of eligible participants; the use of specialized response units for calls related to substance use disorders, mental illness, and co-occurring mental illness and substance use disorders; and other arrest and pre-booking treatment alternative to incarceration models; and programs for use after the filing of criminal charges against an individual, which shall include— specialized clinical case management; pre-trial services related to substance use disorders, mental illness, and co-occurring mental illness and substance use disorders; prosecutor and defense-based programs; specialized probation; programs utilizing the American Society of Addition Medicine patient placement criteria; treatment and rehabilitation programs and recovery support services; and drug courts, DWI courts, and veterans treatment courts.
An eligible entity seeking a grant under this section shall submit an application to the Attorney General that meets the criteria in paragraph
(2)at such time, in such manner, and accompanied by such additional information as the Attorney General may reasonably require. An eligible entity, in submitting an application under paragraph (1), shall provide evidence that the entity, with regard to the alternative to incarceration program for which it seeks funds under this section— has collaborated or will collaborate with the State and local government agencies overseeing health, community corrections, courts, prosecution, substance abuse, mental health, victims services, and employment services, and with local law enforcement agencies; has consulted or will consult with the State authority for substance abuse; will use evidence-based screening and assessment treatment practices; will use evidence-based screening and assessment tools to place participants in the treatment alternative to the incarceration program; and will use evidence-based methodology and outcome measurements to evaluate the program, and provide a description of— such methodology and measurements, including how such measurements will provide valid measures of the impact of the program; and how the program could be broadly replicated if demonstrated to be effective. An eligible entity awarded a grant for a treatment alternative to incarceration program under this section shall— determine the terms and conditions under which eligible participants may participate in the program, taking into consideration the collateral consequences of an arrest, prosecution, or criminal conviction; ensure that each substance abuse and mental health treatment component of the program is licensed and qualified by the relevant jurisdiction; organize an enforcement unit of the program comprised of appropriately trained law enforcement professionals who are supervised by the State, tribal, or local criminal justice agency involved in the administration of the program, the duties of which shall include— the verification of addresses and other contacts of each eligible participant who participates or seeks to participate in the program; and if necessary, the location, apprehension, arrest, and return to court of an eligible participant in the program who has absconded from the facility of a treatment provider or has otherwise violated the terms and conditions of the program, consistent with Federal and State confidentiality requirements; notify the relevant criminal justice entity if any eligible participant in the program absconds from the facility of the treatment provider or otherwise violates the terms and conditions of the program, consistent with Federal and State confidentiality requirements; and submit periodic reports on the progress of treatment or other measured outcomes from participation in the program of each eligible offender participating in the program to the relevant State, tribal, or local criminal justice agency, consistent with Federal and State confidentiality requirements. An eligible entity shall use a grant received under this section for the costs of the treatment alternative to incarceration program, including— salaries, personnel costs, equipment costs, and other costs directly related to the operation of the program, including the enforcement unit; payments for treatment providers that are approved by the relevant State or tribal jurisdiction and licensed, if necessary, to provide needed treatment to eligible offenders participating in the program, including medication-assisted treatment, aftercare supervision, vocational training, education, and job placement; and payments to public and nonprofit private entities that are approved by the State or tribal jurisdiction and licensed, if necessary, to provide alcohol and drug addiction treatment and mental health treatment to eligible offenders participating in the program. An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for activities described in this section, and not to supplant those funds. The Attorney General shall ensure that, to the extent practicable, the geographical distribution of grants awarded under this section is equitable and includes a grant to an eligible entity in— each State; rural, suburban, and urban areas; and tribal jurisdictions. Each fiscal year, a recipient of a grant under this section during that fiscal year shall submit to the Attorney General a report containing the information described in paragraph (2), as well as such additional information as the Attorney General may reasonably require. The recipient shall submit such report in such form and on such dates as the Attorney General specifies. A report submitted under paragraph
(1)shall— describe best practices for treatment alternatives; and identify training requirements for law enforcement officers who participate in treatment alternatives to incarceration programs. There is authorized to be appropriated to carry out this section $10,000,000 for each of the fiscal years 2016 through 2020. .