34 U.S.C. § 10594 — Applications

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- 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’’.