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Code · BILL · 115th Congress · H.R. 4261 (Introduced in House) — To improve public safety, accountability, transparency, and respect for federalism in Federal criminal law by applyin... · Sec. 504

Sec. 504. Establishing accountability evidence-based problem-solving court programs

431 words·~2 min read·/bill/115/hr/4261/ih/section-504·

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Part II of title 18, United States Code, is amended by inserting after chapter 207 the following: Sec. 3157. Establishment of problem-solving court programs. 3158. Evaluation of problem-solving court programs. 3159. Definitions. A United States district court may establish a problem-solving court program in its district. The Director of the Administrative Office of the United States Courts shall ensure that all Federal courts have available to them current information and research relating to best practices for reducing participant recidivism through problem-solving court programs.
The United States Sentencing Commission, pursuant to its authority under section 995(a)(12)(A) of title 28 to serve as a clearinghouse and information center, shall provide a website where United States District Court problem-solving court programs may post and share research, documents, best practices, and other information with each other and the public. The Director of the Administrative Office of the United States Courts shall ensure all Federal courts adhere to the following best practices:
Focus problem-solving court program resources on offenders facing prison terms to ensure that a problem-solving court program functions to divert that offender from incarceration and ensures that the penalty for noncompliance with the program does not exceed what would have the original penalty or sentence for the offense. Adopt objective admission criteria. Use the pre-plea rather than the post-plea model. Ensure due process protections. Incorporate evidence-based health measures, not simply abstinence, into substance abuse problem-solving court program goals to ensure that the underlying health issue is addressed instead of merely being punished.
Improve overall treatment quality and employ opioid maintenance treatments for substance abuse problem-solving court programs as well as other evidence-based therapies. The Judicial Conference shall ensure that each Federal problem-solving court program, not later than 1 year after the date of its commencement of operations, adopts a plan to measure its success in reducing recidivism and costs. In this chapter— the term problem-solving court program means a judge-involved intensive intervention, supervision, and accountability process in which a defendant participates, either before conviction, sentencing, or other disposition or upon being sentenced to a term of probation or upon release from a sentence of incarceration, that may include substance abuse, mental health, employment, and veterans’ programs; and the term problem-solving court program coordinator means an existing employee of the United States Courts who is responsible for coordinating the establishment, staffing, operation, evaluation, and integrity of the problem-solving court program. .
The table of chapters for part II of title 18, United States Code, is amended by inserting after the item relating to chapter 207 the following new item: 207A. Problem-solving court programs 3157 .
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