34 U.S.C. § 10421 — Grant authorization

Page 124 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10410 (B) the amount of the grant or subgrant is such that carrying out the assessment would not be an effective use of those amounts; or (C) the resources available to the State or unit are such that carrying out the assess- ment would pose a financial hardship on the State or unit. (b) Reports to Congress Not later than 120 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 Congress a report, which shall include— (1) a summary of the information provided under subsection (a); (2) an assessment by the Attorney General of the grant program carried out under this sub- chapter; and (3) such other information as the Attorney General considers appropriate. (Pub. L. 90–351, title I, § 1808, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1867.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ee–8 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. § 10410. Definitions In this subchapter: (1) Unit of local government The term ‘‘unit of local government’’ means— (A) a county, township, city, or political subdivision of a county, township, or city, that is a unit of local government as deter- mined by the Secretary of Commerce for general statistical purposes; (B) any law enforcement district or judi- cial enforcement district that— (i) is established under applicable State law; and (ii) has the authority, in a manner inde- pendent of other State entities, to estab- lish a budget and raise revenues; and (C) the District of Columbia and the recog- nized governing body of an Indian tribe or Alaskan Native village that carries out sub- stantial governmental duties and powers. (2) Specially qualified unit The term ‘‘specially qualified unit’’ means a unit of local government which may receive funds under this subchapter only in accord- ance with section 10404(e) of this title. (3) State The term ‘‘State’’ means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Is- lands, American Samoa, Guam, and the North- ern Mariana Islands, except that— (A) the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands (the ‘‘partial States’’) shall collectively be considered as 1 State; and (B) for purposes of section 10404(a) of this title, the amount allocated to a partial State shall bear the same proportion to the amount collectively allocated to the partial States as the population of the partial State bears to the collective population of the par- tial States. (4) Juvenile The term ‘‘juvenile’’ means an individual who is 17 years of age or younger. (5) Juvenile justice expenditures The term ‘‘juvenile justice expenditures’’ means expenditures in connection with the ju- venile justice system, including expenditures in connection with such system to carry out— (A) activities specified in section 10401(b) of this title; and (B) other activities associated with pros- ecutorial and judicial services and correc- tions as reported to the Bureau of the Cen- sus for the fiscal year preceding the fiscal year for which a determination is made under this subchapter. (6) Part 1 violent crimes The term ‘‘part 1 violent crimes’’ means murder and nonnegligent manslaughter, forc- ible rape, robbery, and aggravated assault as reported to the Federal Bureau of Investiga- tion for purposes of the Uniform Crime Re- ports. (Pub. L. 90–351, title I, § 1809, as added Pub. L. 107–273, div. C, title II, § 12102(a), Nov. 2, 2002, 116 Stat. 1867.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ee–9 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. SUBCHAPTER XVIII—RESIDENTIAL SUB- STANCE ABUSE TREATMENT FOR STATE PRISONERS § 10421. Grant authorization (a) In general The Attorney General may make grants under this subchapter to States, for use by States and units of local government for the purpose of— (1) developing and implementing residential substance abuse treatment programs within State correctional facilities, as well as within local correctional and detention facilities in which inmates are incarcerated for a period of time sufficient to permit substance abuse treatment; (2) encouraging the establishment and main- tenance of drug-free prisons and jails; and (3) developing and implementing specialized residential substance abuse treatment pro- grams that identify and provide appropriate treatment to inmates with co-occurring men- tal health and substance abuse disorders or challenges. (b) Consultation The Attorney General shall consult with the Secretary of Health and Human Services to en- 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 such information as the At- torney General may reasonably require. (2) Such application shall include assurances that Federal funds received under this sub- chapter shall be used to supplement, not sup- plant, non-Federal funds that would otherwise be available for activities funded under this sub- chapter. (3) Such application shall coordinate the de- sign and implementation of treatment programs between State correctional representatives and the State Alcohol 1 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 agen- cy or any appropriate local alcohol and drug abuse agency). (b) Substance abuse testing requirement To be eligible to receive funds under this sub- chapter, 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 en- ters a residential substance abuse treatment program and during the period in which the in- dividual participates in the treatment pro- gram; and (2) of an individual released from a residen- tial 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 sub- chapter, a State shall ensure that individuals who participate in the substance abuse treat- ment 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 pro- viders 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 treat- ment program with other human service and re- habilitation programs, such as educational and job training programs, parole supervision pro- grams, half-way house programs, and participa- tion 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 sub- stance 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 2 services required by this sub- section 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 sub- stance abuse treatment and aftercare services currently provided by the Department of Health and Human Services’ Substance Abuse and Men- tal Health Services Administration. (e) State office The office responsible for the trust fund re- quired by section 10158 of this title— (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 re- porting, technical assistance, grant adjust- ments, accounting, auditing, and fund dis- bursement. (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