34 U.S.C. § 10423 — Review of State applications

Page 126 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10423 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 pro- vide, an adequate level of residential treatment services. (Pub. L. 90–351, title I, § 1902, 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, § 2102(2), Nov. 2, 2002, 116 Stat. 1792; Pub. L. 109–162, title XI, §§ 1111(c)(2)(J), 1145(a), (b), Jan. 5, 2006, 119 Stat. 3102, 3111; Pub. L. 110–199, title I, § 102(a), Apr. 9, 2008, 122 Stat. 668.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ff–1 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 2008—Subsec. (c). Pub. L. 110–199 substituted ‘‘Re- quirement for aftercare component’’ for ‘‘Aftercare services requirement’’ in heading and amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘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 sub- chapter will be provided with after care services.’’ 2006—Subsec. (b). Pub. L. 109–162, § 1145(a), reenacted subsec. heading without change and amended text gen- erally. Prior to amendment, text read as follows: ‘‘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 of individuals in correctional residential substance abuse treatment programs. Such testing shall include indi- viduals released from residential substance abuse treat- ment programs who remain in the custody of the State.’’ Subsec. (c). Pub. L. 109–162, § 1145(b)(1), substituted ‘‘Aftercare services requirement’’ for ‘‘Eligibility for preference with after care component’’ in subsec. head- ing. Subsec. (c)(1). Pub. L. 109–162, § 1145(b)(2), amended par. (1) generally. Prior to amendment, par. (1) read as follows: ‘‘To be eligible for a preference under this sub- chapter, a State must ensure that individuals who par- ticipate in the substance abuse treatment program es- tablished or implemented with assistance provided under this subchapter will be provided with aftercare services.’’ Subsec. (c)(4). Pub. L. 109–162, § 1145(b)(3), added par. (4). Subsec. (e). Pub. L. 109–162, § 1111(c)(2)(J), substituted ‘‘The office responsible for the trust fund required by section 3757 of this title’’ for ‘‘The Office designated under section 3757 of this title’’ in introductory provi- sions. 2002—Subsec. (f). Pub. L. 107–273 added subsec. (f). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by section 1111(c)(2)(J) of Pub. L. 109–162 applicable with respect to the first fiscal year begin- ning after Jan. 5, 2006, and each fiscal year thereafter, see section 1111(d) of Pub. L. 109–162, set out as a note under section 10151 of this title. Pub. L. 109–162, title XI, § 1147, as added by Pub. L. 109–271, § 8(n)(2)(A), Aug. 12, 2006, 120 Stat. 767, provided that: ‘‘The amendments made by sections 1144 and 1145 [amending this section and sections 10423 and 10424 of this title] shall take effect on October 1, 2006.’’ 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. § 10423. Review of State applications (a) In general The Attorney General shall make a grant under section 10421 of this title to carry out the projects described in the application submitted under section 10422 of this title upon deter- mining that— (1) the application is consistent with the re- quirements 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 sub- chapter. (b) Approval Each application submitted under section 10422 of this title 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 spe- cific reasons for disapproval. (c) Restriction Grant funds received under this subchapter shall not be used for land acquisition or con- struction projects. (d) Disapproval notice and reconsideration The Attorney General shall not disapprove any application without first affording the ap- plicant 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, the Attor- ney General shall give priority to an application that involves a partnership between the State and a community-based drug treatment program within the State. (Pub. L. 90–351, title I, § 1903, as added Pub. L. 103–322, title III, § 32101(a)(3), Sept. 13, 1994, 108 Stat. 1899; amended Pub. L. 109–162, title XI, § 1145(c), Jan. 5, 2006, 119 Stat. 3112.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ff–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2006—Subsec. (e). Pub. L. 109–162 added subsec. (e). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–162 effective Oct. 1, 2006, see section 1147 of Pub. L. 109–162, set out as a note under section 10422 of this title. Page 127 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10426 § 10424. Allocation and distribution of funds (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 al- location under paragraph (1), there shall be al- located 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 appli- cation submitted under section 10422 of this title 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 facili- ties in the State (provided such facilities exist therein), for the purpose of assisting jail-based substance abuse treatment programs that are ef- fective and science-based established by those local correctional facilities. (d) Residential substance abuse treatment pro- gram defined In this subchapter, the term ‘‘residential sub- stance 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 treat- ment facilities set apart from the general popu- lation of a prison or jail (which may include the use of pharmacological treatment, where appro- priate, that may extend beyond such period). (Pub. L. 90–351, title I, § 1904, as added Pub. L. 103–322, title III, § 32101(a)(3), Sept. 13, 1994, 108 Stat. 1900; amended Pub. L. 107–273, div. B, title II, § 2102(3), Nov. 2, 2002, 116 Stat. 1792; Pub. L. 109–162, title XI, § 1144, Jan. 5, 2006, 119 Stat. 3111; Pub. L. 110–199, title I, § 102(b), Apr. 9, 2008, 122 Stat. 668.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ff–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. AMENDMENTS 2008—Subsec. (d). Pub. L. 110–199 amended subsec. (d) generally. Prior to amendment, subsec. (d) defined ‘‘residential substance abuse treatment program’’. 2006—Subsec. (d). Pub. L. 109–162 added subsec. (d). 2002—Subsec. (c). Pub. L. 107–273 added subsec. (c). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2006 AMENDMENT Amendment by Pub. L. 109–162 effective Oct. 1, 2006, see section 1147 of Pub. L. 109–162, set out as a note under section 10422 of this title. 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. § 10425. Evaluation Each State that receives a grant under this subchapter shall submit to the Attorney General an evaluation not later than March 1 of each year in such form and containing such informa- tion as the Attorney General may reasonably re- quire. (Pub. L. 90–351, title I, § 1905, as added Pub. L. 103–322, title III, § 32101(a)(3), Sept. 13, 1994, 108 Stat. 1900.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ff–4 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10426. National training center for prison drug rehabilitation program personnel (a) In general The Director of the National Institute of Cor- rections, in consultation with persons with ex- pertise in the field of community-based drug re- habilitation, shall establish and operate, at any suitable location, a national training center (hereinafter in this section referred to as the ‘‘center’’) for training Federal, State, and local prison or jail officials to conduct drug rehabili- tation programs for criminals convicted of drug- related crimes and for drug-dependent criminals. Programs conducted at the center shall include training for correctional officers, administrative staff, and correctional mental health profes- sionals (including subcontracting agency per- sonnel). (b) Design and construction of facilities The Director of the National Institute of Cor- rections shall design and construct facilities for the center. (c) Authorization of appropriations In addition to amounts otherwise authorized to be appropriated with respect to the National Institute of Corrections, there are authorized to be appropriated to the Director of the National Institute of Corrections— (1) for establishment and operation of the center, for curriculum development for the center, and for salaries and expenses of per- sonnel at the center, not more than $4,000,000 for each of fiscal years 1989, 1990, and 1991; and (2) for design and construction of facilities for the center, not more than $10,000,000 for fis- cal years 1989, 1990, and 1991. (Pub. L. 100–690, title VI, § 6292, Nov. 18, 1988, 102 Stat. 4369.) Editorial Notes CODIFICATION Section was formerly classified as a note under sec- tion 4352 of Title 18, Crimes and Criminal Procedure, prior to editorial reclassification as this section.