34 U.S.C. § 10592 — Use of grant funds

Page 178 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10566 1 So in original. The word ‘‘to’’ probably should not appear. § 10566. Reports (a) Reports to Attorney General For each fiscal year for which a grant is awarded under this subchapter, each State or unit of local government that receives such a grant shall submit to the Attorney General a re- port, at such time and in such manner as the At- torney General may reasonably require, which report shall include— (1) a summary and assessment of the pro- gram carried out with the grant, which shall include a comparison of pre-grant and post- grant forensic science capabilities; (2) the average number of days between sub- mission of a sample to a forensic science lab- oratory or forensic science laboratory system in that State operated by the State or by a unit of local government and the delivery of test results to the requesting office or agency; (3) an identification of the number and type of cases currently accepted by the laboratory; (4) the progress of any unaccredited forensic science service provider receiving grant funds toward obtaining accreditation; and (5) such other information as the Attorney General may require. (b) Reports to Congress Not later than 90 days after the last day of each fiscal year for which 1 or more grants are awarded under this subchapter, the Attorney General shall submit to the Speaker of the House of Representatives and the President pro tempore of the Senate, a report, which shall in- clude— (1) the aggregate amount of grants awarded under this subchapter for that fiscal year; and (2) a summary of the information provided under subsection (a). (Pub. L. 90–351, title I, § 2806, as added Pub. L. 106–561, § 2(c)(1), Dec. 21, 2000, 114 Stat. 2790; amended Pub. L. 107–273, div. B, title V, § 5001(b)(5), Nov. 2, 2002, 116 Stat. 1814; Pub. L. 114–324, § 9(a)(4), Dec. 16, 2016, 130 Stat. 1955.) Editorial Notes CODIFICATION Section was formerly classified to section 3797o of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2016—Subsec. (a)(4), (5). Pub. L. 114–324 added par. (4) and redesignated former par. (4) as (5). 2002—Subsec. (a). Pub. L. 107–273, § 5001(b)(5)(A), in- serted ‘‘or unit of local government’’ after ‘‘each State’’ in introductory provisions. Subsec. (a)(1). Pub. L. 107–273, § 5001(b)(5)(B), inserted ‘‘, which shall include a comparison of pre-grant and post-grant forensic science capabilities’’ before semi- colon at end. Subsec. (a)(3), (4). Pub. L. 107–273, § 5001(b)(5)(C)–(E), added par. (3) and redesignated former par. (3) as (4). SUBCHAPTER XXVIII—MENTAL HEALTH AND DRUG TREATMENT ALTERNATIVES TO INCARCERATION PROGRAMS Editorial Notes CODIFICATION Pub. L. 114–255, div. B, title XIV, § 14013, Dec. 13, 2016, 130 Stat. 1298, substituted ‘‘MENTAL HEALTH AND DRUG TREATMENT ALTERNATIVES TO INCARCER- ATION PROGRAMS’’ for ‘‘PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PRO- GRAM’’ in subchapter heading. § 10581. Repealed. Pub. L. 115–391, title V, § 504(g)(2), Dec. 21, 2018, 132 Stat. 5234 Section, Pub. L. 90–351, title I, § 2901, as added Pub. L. 114–255, div. B, title XIV, § 14013, Dec. 13, 2016, 130 Stat. 1298, related to mental health and drug treatment al- ternatives to incarceration programs. Section was formerly classified to section 3797q of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. A prior section 2901 of title I of Pub. L. 90–351, as added Pub. L. 110–199, title I, § 112(a), Apr. 9, 2008, 122 Stat. 672, authorized the Attorney General to make grants for qualified drug treatment programs as alter- natives to imprisonment, prior to repeal by Pub. L. 114–255, div. B, title XIV, § 14013, Dec. 13, 2016, 130 Stat. 1298. SUBCHAPTER XXIX—GRANTS FOR FAMILY- BASED SUBSTANCE ABUSE TREATMENT § 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 com- prehensive and clinically-appropriate family- based substance abuse treatment programs as alternatives to incarceration for nonviolent parent drug offenders; and (2) to 1 provide prison-based family treat- ment programs for incarcerated parents of minor children or pregnant women. (Pub. L. 90–351, title I, § 2921, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 674; amended Pub. L. 114–198, title II, § 201(c)(1), July 22, 2016, 130 Stat. 714; Pub. L. 115–391, title V, § 502(b)(1), Dec. 21, 2018, 132 Stat. 5228.) Editorial Notes CODIFICATION Section was formerly classified to section 3797s of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2018—Par. (1). Pub. L. 115–391 inserted ‘‘nonprofit or- ganizations,’’ before ‘‘and Indian’’ in introductory pro- visions. 2016—Par. (2). Pub. L. 114–198 inserted before period at end ‘‘or pregnant women’’. 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. § 10592. Use of grant funds Grants made to an entity under section 10591 of this title for a program described in such sec- tion may be used for— (1) the development, implementation, and expansion of prison-based family treatment programs in correctional facilities for incar- 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 60521(e) of this title). (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 resi- dential setting that is not a hospital setting or an intensive outpatient setting. (5) The program shall provide that if a non- violent parent drug offender who participates in that program does not successfully com- plete the program the offender shall serve an appropriate sentence of imprisonment with re- spect to the underlying crime involved. (6) The program shall ensure that a deter- mination is made as to whether a nonviolent drug offender has completed the substance abuse treatment program. (7) The program shall include the implemen- tation of a system of graduated sanctions (in- cluding 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 imple- ment 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 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 par- ent to support a treatment plan of the incar- cerated parent. (2) The program shall ensure that each par- ticipant in that program has access to con- sistent 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 con- sideration to grant applications for grants under section 10591 of this title that are submitted by a nonprofit organization that demonstrates a re- lationship 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 agree- ment that details the terms of access to facili- ties and participants and provides information on the history of the organization of working with correctional populations. (Pub. L. 90–351, title I, § 2923, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 675; amended Pub. L. 115–391, title V, § 502(b)(2), Dec. 21, 2018, 132 Stat. 5228.) Editorial Notes CODIFICATION Section was formerly classified to section 3797s–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2018—Subsec. (c). Pub. L. 115–391 added subsec. (c). 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. § 10594. Applications (a) In general An entity described in section 10591 of this title desiring a grant under this subchapter shall submit to the Attorney General an application in such form and manner and at such time as the Attorney General requires. (b) Contents An application under subsection (a) shall in- clude a description of the methods and measure-