USC Subchapter XXIX

in effect

34 U.S.C. § 10591 Grants authorized

The Attorney General may make grants to States, units of local government, territories, nonprofit organizations, and Indian Tribes to— (1) develop, implement, and expand comprehensive and clinically-appropriate family-based substance abuse treatment programs as alternatives to incarceration for nonviolent parent drug offenders; and (2) to 11 So in original. The word “to” probably should not appear. provide prison-based family treatment programs for incarcerated parents of minor children or pregnant women.

34 U.S.C. § 10592 Use of grant funds

Grants made to an entity under section 10591 of this title for a program described in such section may be used for— (1) the development, implementation, and expansion of prison-based family treatment programs in correctional facilities for incarcerated parents with minor children (except for any such parent who there is reasonable evidence to believe engaged in domestic violence or child abuse); (2) the development, implementation, and expansion of residential substance abuse treatment; (3) coordination between appropriate correctional facility representatives and the appropriate governmental agencies; (4) payments to public and nonprofit private entities to provide substance abuse treatment to nonviolent parent drug offenders participating in that program; and (5) salaries, personnel costs, facility costs, and other costs directly related to the operation of that program.

34 U.S.C. § 10593 Program requirements

(a) In generalA 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 providers of substance abuse treatment are approved by the State or Indian Tribe and are licensed, if necessary, to provide medical and other health services. (2) The program shall ensure appropriate coordination 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 residential setting that is not a hospital setting or an intensive outpatient setting. (5) The program shall provide that if a nonviolent parent drug offender who participates in that program does not successfully complete the program the offender shall serve an appropriate sentence of imprisonment with respect to the underlying crime involved. (6) The program shall ensure that a determination is made as to whether a nonviolent drug offender has completed the substance abuse treatment program. (7) The program shall include the implementation of a system of graduated sanctions (including 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 implement a reentry plan for each participant. (b) Prison-based programsA 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 parent to support a treatment plan of the incarcerated parent. (2) The program shall ensure that each participant in that program has access to consistent 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 considerationsThe Attorney General shall give priority consideration to grant applications for grants under section 10591 of this title that are submitted by a nonprofit organization that demonstrates a relationship 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 agreement that details the terms of access to facilities and participants and provides information on the history of the organization of working with correctional populations.

34 U.S.C. § 10594 Applications

(a) In generalAn 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) ContentsAn application under subsection (a) shall include a description of the methods and measurements the applicant will use for purposes of evaluating the program involved.

34 U.S.C. § 10595 Reports

An entity that receives a grant under this subchapter during a fiscal year shall submit to the Attorney General, not later than a date specified by the Attorney General, a report that describes 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 described in the application of that entity for purposes of evaluating that program.

34 U.S.C. § 10595a Authorization of appropriations

(a) In generalThere are authorized to be appropriated to carry out this subchapter $10,000,000 for each of fiscal years 2019 through 2023. (b) Use of amountsOf 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.

34 U.S.C. § 10596 Definitions

In this subchapter: (1) Nonviolent parent drug offenderThe 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 offenseThe term “nonviolent offense” means an offense that—(A) does not have as an element the use, attempted use, or threatened use of physical force against the person or property of another; or (B) is not a felony that 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. (3) Prison-based family treatment programThe term “prison-based family treatment program” means a program for incarcerated parents or pregnant women in a correctional facility that provides a comprehensive response 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, pediatric care, physical therapy, prenatal care, sexual abuse therapy, relapse prevention, transportation, and vocational or GED training.