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34 U.S.C. § 10422 — State applications
Federal law — U.S. Code and appendices · legal_authorities
**(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 requirement** To 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
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Source file: Laws/federal/codes/united-states-code/title-34/section-10422-state-applications--beb59b927a.md
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Source location: Title 34, Chapter 101, § 10422; chapter-101-justice-system-improvement.md
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**(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 requirement** To 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 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 responsible for the trust fund required by [section 10158 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10158&num=0&edition=prelim)—
(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 services** A 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.
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Federal law — U.S. Code and appendices · legal_authorities
**(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
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 60504
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The grant program established under this part shall be known as the “Edward Byrne Memorial Justice Assistance Grant Program”.
**(b) References to former programs**
(1) Any reference in a law, regulation, document, paper, or other record of the United States to the Edward Byrne Memorial State and Local Law Enforcement Assistance Programs, or to the Local Government Law Enforcement Block Grants program, shall be deemed to be a reference to the grant program referred to in subsection (a).
(2) Any reference in a law, regulation, document, paper, or other record of the United States to section 506 of this Act as such section was in effect on the date of the enactment of the Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through 2009,11 See References in Text note below. shall be deemed to be a reference to section 505(a) of this Act as amended by the Department of Justice Appropriations Authorization Act, Fiscal Years 2006 through 2009.1
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10151
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Trust fund required** A State or unit of local government shall establish a trust fund in which to deposit amounts received under this part.
**(b) Expenditures**
(1) **In general** — Each amount received under this part (including interest on such amount) shall be expended before the date on which the grant period expires.
(2) **Repayment** — A State or unit of local government that fails to expend an entire amount (including interest on such amount) as required by paragraph (1) shall repay the unexpended portion to the Attorney General not later than 3 months after the date on which the grant period expires.
(3) **Reduction of future amounts** — If a State or unit of local government fails to comply with paragraphs (1) and (2), the Attorney General shall reduce amounts to be provided to that State or unit of local government accordingly.
**(c) Repaid amounts** Amounts received as repayments under this section shall be subject to [section 10108 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10108&num=0&edition=prelim) as if such amounts had not been granted and repaid. Such amounts shall be deposited in the Treasury in a dedicated fund for use by the Attorney General to carry out this part. Such funds are hereby made available to carry out this part.
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10158
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section, Pub. L. 90–351, title I, § 1810, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1868; amended Pub. L. 109–162, title XI, § 1166, Jan. 5, 2006, 119 Stat. 3121, which authorized appropriations for fiscal years 2006 through 2009, was omitted as obsolete.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3796ff–1
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Federal law — U.S. Code and appendices · legal_authorities
**(a) In general** The Attorney General shall make a grant under [section 10421 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10421&num=0&edition=prelim) to carry out the projects described in the application submitted under [section 10422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10422&num=0&edition=prelim) 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) Approval** Each application submitted under [section 10422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10422&num=0&edition=prelim) 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 subchapter 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.
**(e) Priority for partnerships with community-based drug treatment programs** In considering an application submitted by a State under [section 10422 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10422&num=0&edition=prelim), the Attorney General shall give priority to an application that involves a partnership between the State and a
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10423
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Federal law — U.S. Code and appendices · legal_authorities
**(a) Allocation** Of 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 share** The 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](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10422&num=0&edition=prelim) for the fiscal year for which the projects receive assistance under this subchapter.
**(c) Local allocation** At 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 defined** In 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 appropria
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10424
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 3796ff–1 was editorially reclassified as [section 10422 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10422&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3796ff–3
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Federal law — U.S. Code and appendices · legal_authorities
Page 125
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 10422
1 So in original. Probably should not be capitalized.
2 So in original. Probably should be ‘‘Aftercare’’.
sure that projects of substance abuse treatment
and related services for State prisoners incor-
porate applicable components of existing com-
prehensive approaches including relapse preven-
tion and aftercare services.
(c) Additional use of funds
States that demonstrate that they have exist-
ing 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 incarcer-
ation and after release.
(Pub. L. 90–351, title I, § 1901, as added Pub. L.
103–322, title III, § 32101(a)(3), Sept. 13, 1994, 108
Stat. 1898; amended Pub. L. 107–273, div. B, title
II, §§ 2101, 2102(1), Nov. 2, 2002, 116 Stat. 1792; Pub.
L. 114–255, div. B, title XIV, § 14012, Dec. 13, 2016,
130 Stat. 1297.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 3796ff of
Title 42, The Public Health and Welfare, prior to edi-
torial reclassification and renumbering as this section.
PRIOR PROVISIONS
A prior section 1901 of Pub. L. 90–351 was renumbered
section 2601 and is classified to section 10541 of this
title.
AMENDMENTS
2016—Subsec. (a)(3). Pub. L. 114–255 added par. (3).
2002—Subsec. (a). Pub. L. 107–273, § 2102(1), substituted
‘‘purpose of—’’ for ‘‘purpose of’’, inserted par. (1) des-
ignation before ‘‘developing’’, and added par. (2).
Subsec. (c). Pub. L. 107–273, § 2101, added subsec. (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
Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 10422
Stored review status: historical_2024_not_currentness_verified. Same stored citation; legal effect and authority still require review.