34 U.S.C. § 10596 — Definitions

Page 180 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10595 ments the applicant will use for purposes of evaluating the program involved. (Pub. L. 90–351, title I, § 2924, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 676.) Editorial Notes CODIFICATION Section was formerly classified to section 3797s–3 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. § 10595. Reports An entity that receives a grant under this sub- chapter during a fiscal year shall submit to the Attorney General, not later than a date speci- fied by the Attorney General, a report that de- scribes and evaluates the effectiveness of that program during such fiscal year that— (1) is based on evidence-based data; and (2) uses the methods and measurements de- scribed in the application of that entity for purposes of evaluating that program. (Pub. L. 90–351, title I, § 2925, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 676.) Editorial Notes CODIFICATION Section was formerly classified to section 3797s–4 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. § 10595a. Authorization of appropriations (a) In general There are authorized to be appropriated to carry out this subchapter $10,000,000 for each of fiscal years 2019 through 2023. (b) Use of amounts Of the amount made available to carry out this subchapter in any fiscal year, not less than 5 percent shall be used for grants to Indian Tribes. (Pub. L. 90–351, title I, § 2926, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 676; amended Pub. L. 115–391, title V, § 502(b)(3), Dec. 21, 2018, 132 Stat. 5228.) Editorial Notes CODIFICATION Section was formerly classified to section 3797s–5 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2018—Subsec. (a). Pub. L. 115–391 added subsec. (a) and struck out former subsec. (a). Prior to amendment, text read as follows: ‘‘There are authorized to be appro- priated to carry out this subchapter $10,000,000 for each of fiscal years 2009 and 2010.’’ 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. § 10596. Definitions In this subchapter: (1) Nonviolent parent drug offender The term ‘‘nonviolent parent drug offender’’ means an offender who is— (A) pregnant or a parent of an individual under 18 years of age; and (B) convicted of a drug (or drug-related) felony that is a nonviolent offense. (2) Nonviolent offense The term ‘‘nonviolent offense’’ means an of- fense that— (A) does not have as an element the use, attempted use, or threatened use of physical force against the person or property of an- other; or (B) is not a felony that by its nature in- volves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. (3) Prison-based family treatment program The term ‘‘prison-based family treatment program’’ means a program for incarcerated parents or pregnant women in a correctional facility that provides a comprehensive re- sponse to offender needs, including substance abuse treatment, child early intervention services, family counseling, legal services, medical care, mental health services, nursery and preschool, parenting skills training, pedi- atric care, physical therapy, prenatal care, sexual abuse therapy, relapse prevention, transportation, and vocational or GED train- ing. (Pub. L. 90–351, title I, § 2927, as added Pub. L. 110–199, title I, § 113, Apr. 9, 2008, 122 Stat. 676; amended Pub. L. 114–198, title II, § 201(c)(2), July 22, 2016, 130 Stat. 714; Pub. L. 114–255, div. B, title XIV, § 14028(b), Dec. 13, 2016, 130 Stat. 1312.) Editorial Notes CODIFICATION Section was formerly classified to section 3797s–6 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Some section numbers or references in amendment notes below reflect the classification of such sections or references prior to editorial reclassification. AMENDMENTS 2016—Par. (1)(A). Pub. L. 114–198, § 201(c)(2)(A), in- serted ‘‘pregnant or’’ before ‘‘a parent’’. Par. (2). Pub. L. 114–255 substituted ‘‘means an offense that—’’ and subpars. (A) and (B) for ‘‘has the meaning given that term in section 3797aa(a) of this title.’’ Par. (3). Pub. L. 114–198, § 201(c)(2)(B), inserted ‘‘or pregnant women’’ after ‘‘incarcerated parents’’. Page 181 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10611 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. SUBCHAPTER XXX—DRUG COURTS Editorial Notes CODIFICATION Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1794, which directed that part EE (this sub- chapter) be inserted after part DD of title I of Pub. L. 90–351, was executed by adding part EE to title I of Pub. L. 90–351 to reflect the probable intent of Congress, not- withstanding that title I of Pub. L. 90–351 did not con- tain a part DD. § 10611. Grant authority (a) In general The Attorney General may make grants to States, State courts, local courts, units of local government, and Indian tribal governments, act- ing directly or through agreements with other public or private entities, for adult drug courts, juvenile drug courts, family drug courts, and tribal drug courts that involve— (1) continuing judicial supervision over of- fenders, and other individuals under the juris- diction of the court, with substance abuse problems, including co-occurring substance abuse and mental health problems, who are not violent offenders; (2) coordination with the appropriate State or local prosecutor; and (3) the integrated administration of other sanctions and services, which shall include— (A) mandatory periodic testing for the use of controlled substances or other addictive substances during any period of supervised release or probation for each participant; (B) substance abuse treatment for each participant; (C) diversion, probation, or other super- vised release involving the possibility of prosecution, confinement, or incarceration based on noncompliance with program re- quirements or failure to show satisfactory progress; (D) offender management, and aftercare services such as relapse prevention, health care, education, vocational training, job placement, housing placement, and child care or other family support services for each participant who requires such services; (E) payment, in whole or part, by the of- fender of treatment costs, to the extent practicable, such as costs for urinalysis or counseling; and (F) payment, in whole or part, by the of- fender of restitution, to the extent prac- ticable, to either a victim of the offender’s offense or to a restitution or similar victim support fund. (b) Limitation Economic sanctions imposed on an offender pursuant to this section shall not be at a level that would interfere with the offender’s rehabili- tation. (c) Mandatory drug testing and mandatory sanc- tions (1) Mandatory testing Grant amounts under this subchapter may be used for a drug court only if the drug court has mandatory periodic testing as described in subsection (a)(3)(A). The Attorney General shall, by prescribing guidelines or regulations, specify standards for the timing and manner of complying with such requirements. The standards— (A) shall ensure that— (i) each participant is tested for every controlled substance that the participant has been known to abuse, and for any other controlled substance the Attorney General or the court may require; and (ii) the testing is accurate and prac- ticable; and (B) may require approval of the drug test- ing regime to ensure that adequate testing occurs. (2) Mandatory sanctions The Attorney General shall, by prescribing guidelines or regulations, specify that grant amounts under this subchapter may be used for a drug court only if the drug court imposes graduated sanctions that increase punitive measures, therapeutic measures, or both whenever a participant fails a drug test. Such sanctions and measures may include, but are not limited to, one or more of the following: (A) Incarceration. (B) Detoxification treatment. (C) Residential treatment. (D) Increased time in program. (E) Termination from the program. (F) Increased drug screening requirements. (G) Increased court appearances. (H) Increased counseling. (I) Increased supervision. (J) Electronic monitoring. (K) In-home restriction. (L) Community service. (M) Family counseling. (N) Anger management classes. (Pub. L. 90–351, title I, § 2951, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1794; amended Pub. L. 109–162, title XI, § 1143, Jan. 5, 2006, 119 Stat. 3111; Pub. L. 109–177, title VII, § 751, Mar. 9, 2006, 120 Stat. 273; Pub. L. 114–255, div. B, title XIV, § 14007(1), Dec. 13, 2016, 130 Stat. 1296.) Editorial Notes CODIFICATION Section was formerly classified to section 3797u of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2016—Subsec. (a)(1). Pub. L. 114–255 inserted ‘‘, including co-occurring substance abuse and mental health problems,’’ after ‘‘abuse problems’’. 2006—Subsec. (a)(1). Pub. L. 109–162 substituted ‘‘of- fenders, and other individuals under the jurisdiction of the court, with substance abuse problems’’ for ‘‘offend- ers with substance abuse problems’’. Subsec. (c). Pub. L. 109–177 added subsec. (c).