Library / Laws / 113th / hr / H.R. 2187 / Introduced in House
I
113th CONGRESS
1st Session
H. R. 2187
IN THE HOUSE OF REPRESENTATIVES
May 23, 2013
Mr. Meehan (for
himself, Mr. Carney,
Mr. Renacci,
Mr. Delaney,
Mr. Owens,
Mr. Grimm,
Mr. Bucshon,
Mr. Yoder, and
Mr. Fattah) introduced the following
bill; which was referred to the Committee
on the Judiciary
A BILL
To amend the Omnibus Crime Control and Safe Streets Act
of 1968 to authorize veterans’ treatment courts and encourage services for
veterans.
1.
Short title
This Act may be cited as the
Servicemember Assistance for Lawful
Understanding, Treatment, and Education Act or the
SALUTE
Act.
2.
Veterans’
treatment courts
Title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.)
is amended—
(1) by redesignating
part JJ, as added by section 952 of Public Law 110–315 (relating to Loan
Repayment for Prosecutors and Public Defenders), as part LL, and moving such
part so that such part follows part KK;
(2) in part LL, as so
redesignated and moved by paragraph (1), by redesignating section 3001 as
section 3021; and
(3) by adding at the
end the following new part:
MM
Veterans’
Treatment Courts
3031.
Grant
authority
(a)
In
general
The Attorney General is authorized to award grants for
developing, implementing, or enhancing veterans’ treatment courts or expanding
operational mental health or drug courts to serve veterans to ensure that such
courts effectively integrate substance abuse treatment, mental health
treatment, sanctions and incentives, and transitional services, in a judicially
supervised court setting with jurisdiction over offenders who are veterans. The
Attorney General may award such 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 court programs
that involve—
(1) continuing
judicial supervision over offenders who are veterans with substance abuse or
mental health problems;
(2) coordination with
appropriate Federal, State, or local prosecutors;
(3) coordination with
the Veterans Health Administration; and
(4) the integrated
administration of other sanctions and services, which shall include—
(A) substance abuse
and mental health treatment (such as treatment for depression, traumatic brain
injury, and post-traumatic stress disorder) for each participant who requires
such treatment;
(B) diversion,
probation, or other supervised release involving the possibility of
prosecution, confinement, or incarceration based on non-compliance with program
requirements or failure to show satisfactory progress; and
(C) offender
management, which may include 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.
(b)
Limitation on
use of funds
Grant funds made available under this part may not
be used to provide judicial supervision over, treatment of, or other services
to violent offenders. A State, State court, local court, unit of local
government, or Indian tribal government that receives a grant under this part
may provide such supervision, treatment, or services to violent offenders who
are otherwise eligible for veterans’ treatment court participation only if such
supervision, treatment, or services are funded exclusively with non-Federal
funds.
3032.
Administration
(a)
Consultation
In awarding grants under this part, the
Attorney General shall consult with the Secretary of Veterans Affairs and any
other appropriate officials.
(b)
Regulatory
authority
The Attorney General may, in consultation with the
Secretary of Veterans Affairs, issue regulations and guidelines necessary to
carry out this part.
(c)
Applications
In
addition to any other requirements that may be specified by the Attorney
General, in consultation with the Secretary of Veterans Affairs, an application
for a grant under this part shall—
(1) include a long-term strategy and
implementation plan that shall provide for the consultation and coordination
with appropriate Federal, State and local prosecutors, particularly when
veterans’ treatment court participants fail to comply with program
requirements;
(2) explain the applicant’s inability to fund
the veterans’ treatment court adequately without Federal assistance;
(3) certify that the
Federal support provided will be used to supplement, and not supplant, State,
tribal, and local sources of funding that would otherwise be available;
(4) identify related governmental or community
initiatives that complement or will be coordinated with the veterans’ treatment
court;
(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 veterans’
treatment court;
(6) certify that
participating offenders will be supervised by one or more designated judges
with responsibility for the veterans’ treatment court;
(7) specify plans for obtaining necessary
support and continuing the veterans’ treatment court following the conclusion
of Federal support; and
(8) describe the methodology that will be used
in evaluating the veterans’ treatment court.
3033.
Report
A State, State court, local court, unit of
local government, or Indian tribal government that receives funds under this
part during a fiscal year shall submit to the Attorney General and the
Secretary of Veterans Affairs a description and an evaluation report on a date
specified by the Attorney General regarding the effectiveness of the veterans’
treatment court carried out with a grant under this part.
3034.
Definitions
For the purposes of this part:
(1)
Veteran
The
term veteran has the meaning given such term in section 2108 of
title 5, United States Code.
(2)
Veterans’
treatment court
The term veterans’ treatment court
means a program designed to offer a collaborative rehabilitative approach for
offenders who are veterans in certain criminal justice proceedings.
(3)
Violent
offender
The term violent offender has the meaning
given such term in section
2953(a).
.
3.
Study by the
General Accounting Office
(a)
In
general
The Comptroller
General of the United States shall conduct a study to assess the effectiveness
and impact of the veterans’ treatment court grant program authorized under part
MM of title I of the Omnibus Crime Control and Safe Streets Act of 1968. In
assessing the effectiveness of such grant program, the Comptroller General
shall consider—
(1) recidivism rates of veterans’ treatment
court participants;
(2) completion rates among veterans’ treatment
court participants;
(3) the costs of veterans’ treatment courts to
the criminal justice system; and
(4) any other factors
the Comptroller determines to be appropriate.
(b)
Documents and
information
The Attorney General and recipients of grants awarded
under part MM of title I of the Omnibus Crime Control and Safe Streets Act of
1968, as a condition of receiving such a grant, shall provide the Comptroller
General with all relevant documents and information that the Comptroller
General determines necessary to conduct the study under
subsection (a).
(c)
Report
Not
later than January 1, 2015, the Comptroller General shall report to Congress
the results of the study conducted under
subsection (a).