DRUG COURTS.

SEC. 2301. DRUG COURTS. (a) Drug Courts.—Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting after part DD the following new part: 116 STAT. 1795 “PART EE—DRUG COURTS “SEC. 2951. 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, acting 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 offenders with substance abuse 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 supervised release involving the possibility of prosecution, confinement, or incarceration based on noncompliance with program requirements 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 offender of treatment costs, to the extent practicable, such as costs for urinalysis or counseling; and “(F) payment, in whole or part, by the offender of restitution, to the extent practicable, 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 rehabilitation. “SEC. 2952. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS. “The Attorney General shall— “(1) issue regulations or guidelines to ensure that the programs authorized in this part do not permit participation by violent offenders; and “(2) immediately suspend funding for any grant under this part, pending compliance, if the Attorney General finds that violent offenders are participating in any program funded under this part. “SEC. 2953. DEFINITION. “(a) In General.—Except as provided in subsection (b), in this part, the term ‘violent offender’ means a person who— “(1) is charged with or convicted of an offense, during the course of which offense or conduct— “(A) the person carried, possessed, or used a firearm or dangerous weapon; 116 STAT. 1796 “(B) there occurred the death of or serious bodily injury to any person; or “(C) there occurred the use of force against the person of another, without regard to whether any of the circumstances described in subparagraph (A) or (B) is an element of the offense or conduct of which or for which the person is charged or convicted; or “(2) has 1 or more prior convictions for a felony crime of violence involving the use or attempted use of force against a person with the intent to cause death or serious bodily harm. “(b) Definition for Purposes of Juvenile Drug Courts.—For purposes of juvenile drug courts, the term ‘violent offender’ means a juvenile who has been convicted of, or adjudicated delinquent for, an offense that— “(1) has as an element, the use, attempted use, or threatened use of physical force against the person or property of another, or the possession or use of a firearm; or “(2) by its nature, involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. “SEC. 2954. ADMINISTRATION. “(a) Consultation.—The Attorney General shall consult with the Secretary of Health and Human Services and any other appropriate officials in carrying out this part. “(b) Use of Components.—The Attorney General may utilize any component or components of the Department of Justice in carrying out this part. “(c) Regulatory Authority.—The Attorney General may issue regulations and guidelines necessary to carry out this part. “(d) Applications.—In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this part shall— “(1) include a long-term strategy and detailed implementation plan that shall provide for the consultation and coordination with appropriate State and local prosecutors, particularly when program participants fail to comply with program requirements; “(2) explain the applicant’s inability to fund the program adequately without Federal assistance; “(3) certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available; “(4) identify related governmental or community initiatives which complement or will be coordinated with the proposal; “(5) certify that there has been appropriate consultation with all affected agencies and that there will be appropriate coordination with all affected agencies in the implementation of the program; “(6) certify that participating offenders will be supervised by 1 or more designated judges with responsibility for the drug court program; “(7) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support; and “(8) describe the methodology that will be used in evaluating the program. 116 STAT. 1797 “SEC. 2955. APPLICATIONS. “To request funds under this part, the chief executive or the chief justice of a State or the chief executive or judge of a unit of local government or Indian tribal government, or the chief judge of a State court or the judge of a local court or Indian tribal court shall submit an application to the Attorney General in such form and containing such information as the Attorney General may reasonably require. “SEC. 2956. FEDERAL SHARE. “(a) In General.—The Federal share of a grant made under this part may not exceed 75 percent of the total costs of the program described in the application submitted under section 2955 for the fiscal year for which the program receives assistance under this part, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. “(b) In-Kind Contributions.—In-kind contributions may constitute a portion of the non-Federal share of a grant. “SEC. 2957. DISTRIBUTION AND ALLOCATION. “(a) Geographic Distribution.—The Attorney General shall ensure that, to the extent practicable, an equitable geographic distribution of grant awards is made. “(b) Minimum Allocation.—Unless all eligible applications submitted by any State or unit of local government within such State for a grant under this part have been funded, such State, together with grantees within the State (other than Indian tribes), shall be allocated in each fiscal year under this part not less than 0.50 percent of the total amount appropriated in the fiscal year for grants pursuant to this part. “SEC. 2958. REPORT. “A State, Indian tribal government, or unit of local government that receives funds under this part during a fiscal year shall submit to the Attorney General a description and an evaluation report on a date specified by the Attorney General regarding the effectiveness of this part. “SEC. 2959. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION. “(a) Technical Assistance and Training.—The Attorney General may provide technical assistance and training in furtherance of the purposes of this part. “(b) Evaluations.—In addition to any evaluation requirements that may be prescribed for grantees (including uniform data collection standards and reporting requirements), the Attorney General shall carry out or make arrangements for evaluations of programs that receive support under this part. “(c) Administration.—The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Attorney General, in collaboration with the Secretary of Health and Human Services, or through grants, contracts, or other cooperative arrangements with other entities.”. (b) Technical Amendment.—The table of contents of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by inserting after the matter relating to part DD the following: 116 STAT. 1798 “Part EE—Drug Courts “Sec. 2951. Grant authority. “Sec. 2952. Prohibition of participation by violent offenders. “Sec. 2953. Definition. “Sec. 2954. Administration. “Sec. 2955. Applications. “Sec. 2956. Federal share. “Sec. 2957. Distribution and allocation. “Sec. 2958. Report. “Sec. 2959. Technical assistance, training, and evaluation.”. (c) Implementation of Recommendations.— Not later than 120 days after the date of enactment of this Act, the AttorneyGeneral shall— (1) devise a plan to implement recommendations of the General Accounting Office to— (A) develop and implement a management information system that is able to track and readily identify the universe of drug court programs funded by the Drug Court Program Office of the Department of Justice; (B) take steps to ensure and sustain an adequate grantee response rate to the Drug Court Program Office’s data collection efforts by improving efforts to notify and remind grantees of their reporting requirements; (C) take corrective action toward grantees that do not comply with the data collection reporting requirement of the Department of Justice; (D) reinstate the collection of post-program data in the Drug Court Program Office’s data collection effort, selectively spot checking grantee responses to ensure accurate reporting; (E) analyze performance and outcome data collected from grantees and report annually on the results; (F) consolidate the multiple Department of Justice-funded drug court program-related data collection efforts to better ensure that the primary focus is on the collection and reporting of data on Drug Court Program Office-funded drug court programs; (G) conduct a methodologically sound national impact evaluation of Drug Court Program Office-funded drug court programs; and (H) consider ways to reduce the time needed to provide information on the overall impact of Federally-funded drug court programs; and (2) submit a report on the plan to the Committees on the Judiciary of the Senate and the House of Representatives.