USC Subchapter XVIII

in effect

34 U.S.C. § 10421 Grant authorization

(a) In generalThe Attorney General may make grants under this subchapter to States, for use by States and units of local government for the purpose of—(1) 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; (2) encouraging the establishment and maintenance of drug-free prisons and jails; and (3) developing and implementing specialized residential substance abuse treatment programs that identify and provide appropriate treatment to inmates with co-occurring mental health and substance abuse disorders or challenges. (b) ConsultationThe 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. (c) Additional use of fundsStates that demonstrate that they have existing in-prison drug treatment programs that are in compliance with Federal requirements may use funds awarded under this subchapter for treatment and sanctions both during incarceration and after release.

34 U.S.C. § 10422 State applications

(a) In general(1) To request a grant under this subchapter 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 subchapter shall be used to supplement, not supplant, non-Federal funds that would otherwise be available for activities funded under this subchapter. (3) Such application shall coordinate the design and implementation of treatment programs between State correctional representatives and the State Alcohol 11 So in original. Probably should not be capitalized. and Drug 1 Abuse 1 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 requirementTo be eligible to receive funds under this subchapter, a State must agree to implement or continue to require urinalysis or other proven reliable forms of testing, including both periodic and random testing—(1) of an individual before the individual enters a residential substance abuse treatment program and during the period in which the individual participates in the treatment program; and (2) of an individual released from a residential substance abuse treatment program if the individual remains in the custody of the State. (c) Requirement for aftercare component(1) To be eligible for funding under this subchapter, a State shall ensure that individuals who participate in the substance abuse treatment program established or implemented with assistance provided under this subchapter will be provided with aftercare services, which may include case management services and a full continuum of support services that ensure providers furnishing services under that program are approved by the appropriate State or local agency, and licensed, if necessary, to provide medical treatment or other health 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. (4) After care 22 So in original. Probably should be “Aftercare”. services required by this subsection shall be funded through funds provided for this subchapter. (d) Coordination of Federal assistanceEach 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 officeThe office responsible for the trust fund required by section 10158 of this title—(1) shall prepare the application as required under this section; and (2) shall administer grant funds received under this subchapter, including review of spending, processing, progress, financial reporting, technical assistance, grant adjustments, accounting, auditing, and fund disbursement. (f) Use of grant amounts for nonresidential aftercare servicesA State may use amounts received under this subchapter to provide nonresidential substance abuse treatment aftercare services for inmates or former inmates that meet the requirements of subsection (c), if the chief executive officer of the State certifies to the Attorney General that the State is providing, and will continue to provide, an adequate level of residential treatment services.

34 U.S.C. § 10423 Review of State applications

(a) In generalThe Attorney General shall make a grant under section 10421 of this title to carry out the projects described in the application submitted under section 10422 of this title upon determining that—(1) the application is consistent with the requirements of this subchapter; 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 subchapter. (b) ApprovalEach application submitted under section 10422 of this title 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) RestrictionGrant funds received under this subchapter shall not be used for land acquisition or construction projects. (d) Disapproval notice and reconsiderationThe Attorney General shall not disapprove any application without first affording the applicant reasonable notice and an opportunity for reconsideration. (e) Priority for partnerships with community-based drug treatment programsIn considering an application submitted by a State under section 10422 of this title, the Attorney General shall give priority to an application that involves a partnership between the State and a community-based drug treatment program within the State.

34 U.S.C. § 10424 Allocation and distribution of funds

(a) AllocationOf the total amount appropriated under this subchapter 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 shareThe Federal share of a grant made under this subchapter may not exceed 75 percent of the total costs of the projects described in the application submitted under section 10422 of this title for the fiscal year for which the projects receive assistance under this subchapter. (c) Local allocationAt least 10 percent of the total amount made available to a State under subsection (a) for any fiscal year shall be used by the State to make grants to local correctional and detention facilities in the State (provided such facilities exist therein), for the purpose of assisting jail-based substance abuse treatment programs that are effective and science-based established by those local correctional facilities. (d) Residential substance abuse treatment program definedIn this subchapter, the term “residential substance abuse treatment program” means a course of comprehensive individual and group substance abuse treatment services, lasting a period of at least 6 months, in residential treatment facilities set apart from the general population of a prison or jail (which may include the use of pharmacological treatment, where appropriate, that may extend beyond such period).

34 U.S.C. § 10425 Evaluation

Each State that receives a grant under this subchapter 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.

34 U.S.C. § 10426 National training center for prison drug rehabilitation program personnel

(a) In generalThe Director of the National Institute of Corrections, in consultation with persons with expertise in the field of community-based drug rehabilitation, shall establish and operate, at any suitable location, a national training center (hereinafter in this section referred to as the “center”) for training Federal, State, and local prison or jail officials to conduct drug rehabilitation programs for criminals convicted of drug-related crimes and for drug-dependent criminals. Programs conducted at the center shall include training for correctional officers, administrative staff, and correctional mental health professionals (including subcontracting agency personnel). (b) Design and construction of facilitiesThe Director of the National Institute of Corrections shall design and construct facilities for the center. (c) Authorization of appropriationsIn addition to amounts otherwise authorized to be appropriated with respect to the National Institute of Corrections, there are authorized to be appropriated to the Director of the National Institute of Corrections—(1) for establishment and operation of the center, for curriculum development for the center, and for salaries and expenses of personnel at the center, not more than $4,000,000 for each of fiscal years 1989, 1990, and 1991; and (2) for design and construction of facilities for the center, not more than $10,000,000 for fiscal years 1989, 1990, and 1991.