Sec. 32101. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS
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## SEC. 32101 RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS ###
(a)Residential Substance Abuse Treatment for Prisoners Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 20201(a), is amended— ####
(1)by redesignating part S as part T; ####
(2)by redesignating section 1901 as section 2001; and ####
(3)by inserting after part R the following new part: > > ### “PART S RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS > > > ## “SEC. 1901 GRANT AUTHORIZATION > > > ### “(a) > > The Attorney General may make grants under this part to States, for use by States and units of local government for the purpose of developing and implementing residential substance abuse treatment programs within State correctional facilities, as well as within local correctional and detention facilities in which inmates are incarcerated for a period of time sufficient to permit substance abuse treatment. > > > ### “(b) Consultation > > The Attorney General shall consult with the Secretary of Health and Human Services to ensure that projects of substance abuse treatment and related services for State prisoners incorporate applicable components of existing comprehensive approaches including relapse prevention and aftercare services. > > > ## “SEC. 1902 STATE APPLICATIONS > > > ### “(a) In General > > > ####
(1)> > To request a grant under this part the chief executive of a State shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. > > > #### “(2) > > Such application shall include assurances that Federal funds received under this part shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this part. > > > #### “(3) > > Such application shall coordinate the design and implementation of treatment programs between State correctional representatives and the State Alcohol and Drug Abuse agency (and, if appropriate, between representatives of local correctional agencies and representatives of either the State alcohol and drug abuse agency or any appropriate local alcohol and drug abuse agency). > > > ### “(b) Substance Abuse Testing Requirement > > To be eligible to receive funds under this part, a State must agree to implement or continue to require urinalysis or other proven reliable forms of testing of individuals in correctional residential substance abuse treatment programs. Such testing shall include individuals released from residential substance abuse treatment programs who remain in the custody of the State. > > > ### “(c) Eligibility for Preference With After Care Component > > > #### “(1) > > To be eligible for a preference under this part, a State must ensure that individuals who participate in the substance abuse treatment program established or implemented with assistance provided under this part will be provided with aftercare services. > > > #### “(2) > > State aftercare services must involve the coordination of the correctional facility treatment program with other human service and rehabilitation programs, such as educational and job training programs, parole supervision programs, half-way house programs, and participation in self-help and peer group programs, that may aid in the rehabilitation of individuals in the substance abuse treatment program. > > > #### “(3) > > To qualify as an aftercare program, the head of the substance abuse treatment program, in conjunction with State and local authorities and organizations involved in substance abuse treatment, shall assist in placement of substance abuse treatment program participants with appropriate community substance abuse treatment facilities when such individuals leave the correctional facility at the end of a sentence or on parole. > > > ### “(d) Coordination of Federal Assistance > > Each application submitted for a grant under this section shall include a description of how the funds made available under this section will be coordinated with Federal assistance for substance abuse treatment and aftercare services currently provided by the Department of Health and Human Services' Substance Abuse and Mental Health Services Administration. > > > ### “(e) State Office > > The Office designated under section 507— > > > #### “(1) > > shall prepare the application as required under this section; and > > > #### “(2) > > shall administer grant funds received under this part, including review of spending, processing, progress, financial reporting, technical assistance, grant adjustments, accounting, auditing, and fund disbursement. > > > ## “SEC. 1903 REVIEW OF STATE APPLICATIONS > > > ### “(a) In General > > The Attorney General shall make a grant under section 1901 to carry out the projects described in the application submitted under section 1902 upon determining that— > > > #### “(1) > > the application is consistent with the requirements of this part; and > > > #### “(2) > > before the approval of the application the Attorney General has made an affirmative finding in writing that the proposed project has been reviewed in accordance with this part. > > > ### “(b) Approval > > Each application submitted under section 1902 shall be considered approved, in whole or in part, by the Attorney General not later than 90 days after first received unless the Attorney General informs the applicant of specific reasons for disapproval. > > > ### “(c) Restriction > > Grant funds received under this part shall not be used for land acquisition or construction projects. > > > ### “(d) Disapproval Notice and Reconsideration > > The Attorney General shall not disapprove any application without first affording the applicant reasonable notice and an opportunity for reconsideration. > > > ## “SEC. 1904 ALLOCATION AND DISTRIBUTION OF FUNDS > > > ### “(a) Allocation > > Of the total amount appropriated under this part in any fiscal year— > > > #### “(1) > > 0.4 percent shall be allocated to each of the participating States; and > > > #### “(2) > > of the total funds remaining after the allocation under paragraph (1), there shall be allocated to each of the participating States an amount which bears the same ratio to the amount of remaining funds described in this paragraph as the State prison population of such State bears to the total prison population of all the participating States. > > > ### “(b) Federal Share > > The Federal share of a grant made under this part may not exceed 75 percent of the total costs of the projects described in the application submitted under section 1902 for the fiscal year for which the projects receive assistance under this part. > > > ## “SEC. 1905 EVALUATION > > “Each State that receives a grant under this part shall submit to the Attorney General an evaluation not later than March 1 of each year in such form and containing such information as the Attorney General may reasonably require.” > . ###
(b)Technical Amendment The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section 20201(b), is amended by inserting after the matter relating to part R the following new part:" “Part S—Residential Substance Abuse Treatment for State Prisoners “Sec. 1901. Grant authorization. “Sec. 1902. State applications. “Sec. 1903. Review of State applications. “Sec. 1904. Allocation and distribution of funds. “Sec. 1905. Evaluation. “Part T—Transition-Effective Date-Repealer “Sec. 2001. Confirmation of rules, authorities, and proceedings.” ". ###
(c)Definitions Section 901(a) of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3791(a)), as amended by section 20201(c), is amended— ####
(1)by striking “and” at the end of paragraph (23); ####
(2)by striking the period at the end of paragraph
(24)and inserting “; and”; and ####
(3)by adding at the end the following new paragraph: > > #### “(25) > > the term ‘**residential substance abuse treatment program**’ means a course of individual and group activities, lasting between 6 and 12 months, in residential treatment facilities set apart from the general prison population— > > > ##### “(A) > > directed at the substance abuse problems of the prisoner; and > > > ##### “(B) > > intended to develop the prisoner's cognitive, behavioral, social, vocational, and other skills so as to solve the prisoner's substance abuse and related problems.” > . ###
(d)Authorization of Appropriations Section 1001(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3793), as amended by section 20201(d), is amended— ####
(1)in paragraph
(3)by striking “and R” and inserting “R, or S”; and ####
(2)by adding at the end the following new paragraph: > > #### “(17) > > There are authorized to be appropriated to carry out the projects under part S— > > > ##### “(A) > > $27,000,000 for fiscal year 1996; > > > ##### “(B) > > $36,000,000 for fiscal year 1997; > > > ##### “(C) > > $63,000,000 for fiscal year 1998; > > > ##### “(D) > > $72,000,000 for fiscal year 1999; and > > > ##### “(E) > > $72,000,000 for fiscal year 2000.” > . ## Subtitle V Prevention, Diagnosis, and Treatment of Tuberculosis in Correctional Institutions
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Sec. 32101
RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR STATE PRISONERS
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