






   
   
      TITLE V-DRUG COURTS
      
   
   
   
   
   SEC. 50001. DRUG COURTS.
   
   
   
   (a) In General .-Title I of the Omnibus Crime Control and Safe
   Act of 1968 (42 U.S.C. 3711 et seq.), as amended by section
   is amended-
   
   
   
   (1) by redesignating part V as part W;
   
   
   
   (2) by redesignating section 2201 as section 2301; and
   
   
   
   (3) by inserting after part U the following new part:
   
   
   
   "PART V-DRUG COURTS
   
   
   
   "SEC. 2201. GRANT AUTHORITY.
   
   
   
   "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 programs
   that involve-
   
   
   
   "(1) continuing judicial supervision over offenders with substance
   abuse problems who are not violent offenders; and
   
   
   
   "(2) 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; and
   
   
   
   "(D) programmatic, 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.
   
   
   
   "SEC. 2202. PROHIBITION OF PARTICIPATION BY VIOLENT OFFENDERS.
   
   
   
   "The Attorney General shall-
   
   
   
   "(1) issue regulations and 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. 2203. DEFINITION.
   
   
   
   "In this part, '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;
   
   
   
   "(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), (B), or (C) is an element of the offense or conduct
   of which or for which the person is charged or convicted; or
   
   
   
   "(2) has one 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.
   
   
   
   "SEC. 2204. 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;
   
   
   
   "(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 one 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.
   
   
   
   "SEC. 2205. APPLICATIONS.
   
   
   
   "To request funds under this part, the chief executive or the chief
   justice of a State or the chief executive or [*H8816] chief judge of a
   unit of local government or Indian tribal government shall submit an
   application to the Attorney General in such form and containing such
   information as the Attorney General may reasonably require.
   
   
   
   "SEC. 2206. FEDERAL SHARE.
   
   
   
   "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 2205 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. In-kind contributions
   
   
   
   may constitute a portion of the non-Federal share of a grant.
   
   
   
   "SEC. 2207. GEOGRAPHIC DISTRIBUTION.
   
   
   
   "The Attorney General shall ensure that, to the extent practicable, an
   equitable geographic distribution of grant awards is made.
   
   
   
   "SEC. 2208. 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 report in March of the following year regarding
   the effectiveness of this part.
   
   
   
   "SEC. 2209. 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, the Attorney General may 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.), as amended by section 40231(b), is amended by striking the
   matter relating to part V and inserting the following:
   
   
   
   "Part V-Drug Courts
   
   
   
   "Sec. 2201. Grant authority.
   
   
   
   "Sec. 2202. Prohibition of participation by violent offenders.
   
   
   
   "Sec. 2203. Definition.
   
   
   
   "Sec. 2204. Administration.
   
   
   
   "Sec. 2205. Applications.
   
   
   
   "Sec. 2206. Federal share.
   
   
   
   "Sec. 2207. Geographic distribution.
   
   
   
   "Sec. 2208. Report.
   
   
   
   "Sec. 2209. Technical assistance, training, and evaluation.
   
   
   
   "Part W-Transition-Effective Date-Repealer
   
   
   
   "Sec. 2301. Continuation of rules, authorities, and proceedings.".
   
   
   
   (c) Authorization of Appropriations .-Section 1001(a) of title I of
   the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
   3793), as amended by section 40231(c), is amended-
   
   
   
   (1) in paragraph (3) by striking "and U" and inserting "U, and V"; and
   
   
   
   
   (2) by adding at the end the following new paragraph:
   
   
   
   "(20) There are authorized to be appropriated to carry out part V-
   
   
   
   "(1) $ 100,000,000 for fiscal year 1995;
   
   
   
   "(2) $ 150,000,000 for fiscal year 1996;
   
   
   
   "(3) $ 150,000,000 for fiscal year 1997;
   
   
   
   "(4) $ 200,000,000 for fiscal year 1998;
   
   
   
   "(5) $ 200,000,000 for fiscal year 1999; and
   
   
   
   "(6) $ 200,000,000 for fiscal year 2000.".
   
   
   
   SEC. 50002. STUDY BY THE GENERAL ACCOUNTING OFFICE.
   
   
   
   (a) In General .-The Comptroller General of the United States shall
   study and assess the effectiveness and impact of grants authorized by
   part V of title I of the Omnibus Crime Control and Safe Streets Act of
   1968 as added by section 50001(a) and report to Congress the results
   of the study on or before January 1, 1997.
   
   
   
   (b) Documents and Information .-The Attorney General and grant
   recipients shall provide the Comptroller General with all relevant
   documents and information that the Comptroller General deems necessary
   to conduct the study under subsection (a), including the identities
   and criminal records of program participants.
   
   
   
   (c) Criteria .-In assessing the effectiveness of the grants made under
   programs authorized by part V of the Omnibus Crime Control and Safe
   Streets Act of 1968, the Comptroller General shall consider, among
   other things-
   
   
   
   (1) recidivism rates of program participants; (2) completion rates
   among program participants;
   
   
   
   (3) drug use by program participants; and
   
   
   
   (4) the costs of the program to the criminal justice system.

