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34 U.S.C. § 10593 — Program requirements

Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10593 — Program requirements

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Source file: Laws/federal/codes/united-states-code/title-34/section-10593-program-requirements--c2e6d9b16a.md
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Source location: Title 34, Chapter 101, § 10593; chapter-101-justice-system-improvement.md

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**(a) In general** A program for which a grant is made under [section 10591(1) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10591/1&num=0&edition=prelim) shall comply with the following requirements: (1) The program shall ensure that all providers of substance abuse treatment are approved by the State or Indian Tribe and are licensed, if necessary, to provide medical and other health services. (2) The program shall ensure appropriate coordination and consultation with the Single State Authority for Substance Abuse of the State (as that term is defined in [section 60521(e) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section60521/e&num=0&edition=prelim)). (3) The program shall consist of clinically-appropriate, comprehensive, and long-term family treatment, including the treatment of the nonviolent parent drug offender, the child of such offender, and any other appropriate member of the family of the offender. (4) The program shall be provided in a residential setting that is not a hospital setting or an intensive outpatient setting. (5) The program shall provide that if a nonviolent parent drug offender who participates in that program does not successfully complete the program the offender shall serve an appropriate sentence of imprisonment with respect to the underlying crime involved. (6) The program shall ensure that a determination is made as to whether a nonviolent drug offender has completed the substance abuse treatment program. (7) The program shall include the implementation of a system of graduated sanctions (including incentives) that are applied based on the accountability of the nonviolent parent drug offender involved throughout the course of that program to encourage compliance with that program. (8) The program shall develop and implement a reentry plan for each participant. **(b) Prison-based programs** A program for which a grant is made under [section 10591(2) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10591/2&num=0&edition=prelim) shall comply with the following requirements: (1) The program shall integrate techniques to assess the strengths and needs of immediate and extended family of the incarcerated parent to support a treatment plan of the incarcerated parent. (2) The program shall ensure that each participant in that program has access to consistent and uninterrupted care if transferred to a different correctional facility within the State or other relevant entity. (3) The program shall be located in an area separate from the general population of the prison. **(c) Priority considerations** The Attorney General shall give priority consideration to grant applications for grants under [section 10591 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10591&num=0&edition=prelim) that are submitted by a nonprofit organization that demonstrates a relationship with State and local criminal justice agencies, including— (1) within the judiciary and prosecutorial agencies; or (2) with the local corrections agencies, which shall be documented by a written agreement that details the terms of access to facilities and participants and provides information on the history of the organization of working with correctional populations.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 60504 — Addressing the needs of children of incarcerated parents

**(a) Best practices** (1) **In general** — From amounts made available to carry out this section, the Attorney General may collect data and develop best practices of State corrections departments and child protection agencies relating to the communication and coordination between such State departments and agencies to ensure the safety and support of children of incarcerated parents (including those in foster care and kinship care), and the support of parent-child relationships between incarcerated (and formerly incarcerated) parents and their children, as appropriate to the health and well-being of the children. (2) **Contents** — The best practices developed under paragraph (1) shall include information related to policies, procedures, and programs that may be used by States to address— (A) maintenance of the parent-child bond during incarceration; (B) parental self-improvement; and (C) parental involvement in planning for the future and well-being of their children. **(b) Dissemination to States** Not later than 1 year after the development of best practices described in subsection (a), the Attorney General shall disseminate to States and other relevant entities such best practices. **(c) Sense of Congress** It is the sense of Congress that States and other relevant entities should use the best practices developed and disseminated in accordance with this section to evaluate and improve the communication and coordination between State corrections departments and child protection agencies to ensure the safety and support of children of incarcerated parents (including those in foster care and kinship care), and the support of parent-child relationships between incarcerated (and formerly incarcerated) parents and their children, as appropriate to the health

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10591 — Grants authorized

The Attorney General may make grants to States, units of local government, territories, nonprofit organizations, and Indian Tribes to— (1) develop, implement, and expand comprehensive and clinically-appropriate family-based substance abuse treatment programs as alternatives to incarceration for nonviolent parent drug offenders; and (2) to 11 So in original. The word “to” probably should not appear. provide prison-based family treatment programs for incarcerated parents of minor children or pregnant women.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3797s–2 — Transferred

### Statutory Notes #### Codification Section 3797s was editorially reclassified as [section 10591 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10591&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 3797s–4 — Transferred

### Statutory Notes #### Codification Section 3797s–2 was editorially reclassified as [section 10593 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10593&num=0&edition=prelim), Crime Control and Law Enforcement.

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10593 — Program requirements

Page 179 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10594 cerated parents with minor children (except for any such parent who there is reasonable evidence to believe engaged in domestic vio- lence or child abuse); (2) the development, implementation, and expansion of residential substance abuse treat- ment; (3) coordination between appropriate correc- tional facility representatives and the appro- priate governmental agencies; (4) payments to public and nonprofit private entities to provide substance abuse treatment to nonviolent parent drug offenders partici- pating in that program; and (5) salaries, personnel costs, facility costs, and other costs directly related to the oper- ation of that program. (Pub. L. 90–351, title I, § 2922, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 675.) Editorial Notes CODIFICATION Section was formerly classified to section 3797s–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Statutory Notes and Related Subsidiaries CONSTRUCTION OF 2008 AMENDMENT For construction of amendments by Pub. L. 110–199 and requirements for grants made under such amend- ments, see section 60504 of this title. § 10593. Program requirements (a) In general A program for which a grant is made under section 10591(1) of this title shall comply with the following requirements: (1) The program shall ensure that all pro- viders of substance abuse treatment are ap- proved by the State or Indian Tribe and are li- censed, if necessary, to provide medical and other health services. (2) The program shall ensure appropriate co- ordination and consultation with the Single State Authority for Substance Abuse of the State (as that term is defined in section 605

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