Sec. 105. Additional tools to promote recovery and prevent drug and alcohol abuse and dependence
1,126 words·~5 min read·
/bill/115/s/1994/is/section-105A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
Section 3552 of title 18, United States Code, is amended— by redesignating subsections (b), (c), and
(d)as subsections (c), (d), and (e), respectively; by inserting after subsection
(a)the following: In addition to the information required by rule 32(d) of the Federal Rules of Criminal Procedure, the report submitted pursuant to subsection
(a)shall contain the following information, unless such information is required to be excluded pursuant to rule 32(d)(3) of the Federal Rules of Criminal Procedure or except as provided in paragraph (2): Information about the defendant’s history of substance abuse and addiction, if applicable. Information about the defendant’s service in the Armed Forces of the United States and veteran status, if applicable. A detailed plan, which shall include the identification of programming provided by the Bureau of Prisons that is appropriate for the defendant’s needs, that the probation officer determines will— reduce the likelihood the defendant will abuse drugs or alcohol if the defendant has a history of substance abuse; reduce the defendant’s likelihood of recidivism by addressing the defendant’s specific recidivism risk factors; and assist the defendant preparing for reentry into the community. The information described in paragraph (1)(C)(iii) shall not be required to be included under paragraph (1), in the discretion of the Probation Officer, if the applicable sentencing range under the sentencing guidelines, as determined by the probation officer, includes a sentence of life imprisonment or a sentence of probation. ; in subsection (c), as redesignated, in the first sentence, by striking subsection
(a)or
(c)and inserting subsection
(a)or
(d); and in subsection (d), as redesignated, by striking subsection
(a)or
(b)and inserting subsection
(a)or
(c). Section 3672 of title 18, United States Code, is amended in the eighth undesignated paragraph by striking subsection
(b)or
(c)and inserting subsection
(c)or
(d). Section 3621(e)(2) of title 18, United States Code, is amended by adding at the end the following: Not later than 12 months after the date of enactment of this subparagraph, the Director of the Bureau of Prisons shall ensure that each eligible prisoner has an opportunity to commence participation in treatment under this subsection by such date as is necessary to ensure that the prisoner completes such treatment not later than 1 year before the date on which the prisoner would otherwise be released from custody prior to the application of any reduction in sentence pursuant to this paragraph. The Director of the Bureau of Prisons may, in the Director’s discretion, reduce the credit awarded under subsection (h)(6)(A) to a prisoner who receives a reduction under subparagraph (B), but such reduction may not exceed one-half the amount of the reduction awarded to the prisoner under subparagraph (B). . Not later than 1 year after the date of enactment of this Act, the Administrative Office of the United States Courts shall establish a recidivism reduction and recovery enhancement pilot program, premised on high-intensity supervision and the use of swift, predictable, and graduated sanctions for noncompliance with program rules, in Federal judicial districts selected by the Administrative Office of the United States Courts in consultation with the Attorney General. Participation in the pilot program required under paragraph
(1)shall be subject to the following requirements: Upon entry into the pilot program, the court shall notify program participants of the rules of the program and consequences for violating such rules, including the penalties to be imposed as a result of such violations pursuant to subparagraph (E). Probation officers shall conduct regular drug testing of all pilot program participants with a history of substance abuse. In the event that a probation officer determines that a participant has violated a term of supervised release, the officer shall notify the court within 24 hours of such determination, absent good cause. As soon as is practicable, and in no case more than 1 week after the violation was reported by the probation officer, absent good cause, the court shall conduct a hearing on the alleged violation. If the court determines that a program participant has violated a term of supervised release, it shall impose an appropriate sanction, which may include the following, if appropriate: Modification of the terms of such participant’s supervised release, which may include imposition of a period of home confinement. Referral to appropriate substance abuse treatment. Revocation of the defendant’s supervised release and the imposition of a sentence of incarceration that is no longer than necessary to punish the participant for such violation and deter the participant from committing future violations. For participants who habitually fail to abide by program rules or pose a threat to public safety, termination from the program. In the event that a program participant is sentenced to incarceration as described in paragraph (2)(E)(iii), the participant shall remain in the program upon release from incarceration unless terminated from the program in accordance with paragraph (2)(E)(iv). The Bureau of Prisons, in consultation with the Chief Probation Officers of the Federal judicial districts selected for participation in the pilot program required under paragraph (1), shall develop policies to enable program participants sentenced to terms of incarceration as described in paragraph (2)(E) to, where practicable, serve the terms of incarceration while maintaining employment, including allowing the terms of incarceration to be served on weekends. The United States Sentencing Commission, in consultation with the Chief Probation Officers, the United States Attorneys, Federal Defenders, and Chief Judges of the districts selected for participation in the pilot program required under paragraph (1), shall establish advisory sentencing policies to be used by the district courts in imposing sentences of incarceration in accordance with paragraph (2)(E). The advisory sentencing policies established under subparagraph
(A)shall be consistent with the stated goal of the pilot program to impose predictable and graduated sentences that are no longer than necessary for violations of program rules. The pilot program required under paragraph
(1)shall continue for not less than 5 years and may be extended for not more than 5 years by the Administrative Office of the United States Courts. Not later than 2 years after the date of enactment of this Act, the Administrative Office of the United States Courts shall conduct an evaluation of the pilot program and submit to Congress a report on the results of the evaluation. The report required under subparagraph
(A)shall include— the rates of substance abuse among program participants; the rates of violations of the terms of supervised release by program participants, and sanctions imposed; information about employment of program participants; a comparison of outcomes among program participants with outcomes among similarly situated individuals under the supervision of United States Probation and Pretrial Services not participating in the program; and an assessment of the effectiveness of each of the relevant features of the program.