,,ii #aadth ,,congress #ast ,session ,s4 #bbje ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,october #bb1 #bjae ,mr4 ,tester 7for himself and ,mr4 ,franken7 introduced the following bill2 which was read twice and referred to the ,committee on ,indian ,affairs ,a ,,bill ,to establish a grant program to assist tribal governments in establishing tribal healing to wellness courts1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,tribal ,healing to ,wellness ,courts ,act of #bjae4 #b4 ,definitions ,in this ,act3 7#a7 ,indian tribe ,the term ,indian tribe has the meaning given the term in section #d of the ,indian ,self-,determination and ,education ,assistance ,act 7#be ,u4,s4,c4 #dej;b74 7#b7 ,tribal government ,the term tribal government means the governing body of an ,indian tribe4 #c4 ,establishment of grant program 7a7 ,authorizations 7#a7 ,in general ,the ,attorney ,general may make grants to eligible entities for tribal healing to wellness courts for members of ,indian tribes1 including adults1 juveniles1 and families1 that involve-- 7,a7 continuing judicial supervision over offenders and other individuals under the jurisdiction of the court with substance abuse problems2 and 7,b7 the integrated administration of other sanctions and services1 which may include-- 7i7 mandatory periodic testing for each participant for the use of controlled substances or other addictive substances during any period of participation in the tribal healing to wellness court2 7ii7 substance abuse treatment for each participant2 7iii7 diversion1 probation1 or other supervised release involving the possibility of prosecution1 confinement1 or incarceration based on noncompliance with program requirements or failure to show satisfactory progress2 and 7iv7 offender management1 and services such as relapse prevention1 health care1 education1 vocational training1 job placement1 housing placement1 and child care or other family support services for each participant who requires such services4 7#b7 ,cultural activities ,at the option of the eligible entity establishing the tribal healing to wellness court1 the tribal healing to wellness court may include cultural activities in the services provided under paragraph 7#a74 7b7 ,eligible entities ,entities eligible to receive a grant under this section are tribal governments-- 7#a7 acting directly or through agreements with other public or private entities2 and 7#b7 acting in partnership with ,states or units of local government4 7c7 ,applications ,to receive a grant under this section1 an eligible entity shall submit to the ,attorney ,general an application at such time1 in such manner1 and containing such information as the ,attorney ,general may require1 including-- 7#a7 a long-term strategy and detailed implementation plan2 7#b7 an explanation of the inability of the applicant to fund the tribal healing to wellness court adequately without the grant2 7#c7 a certification that the grant provided will be used to supplement1 and not supplant1 ,state1 ,indian tribal1 and local sources of funding that would otherwise be available2 7#d7 an identification of related governmental or community initiatives that complement or will be coordinated with the proposal2 7#e7 a certification that-- 7,a7 there has been appropriate consultation with all affected agencies2 and 7,b7 there will be appropriate coordination with all affected agencies during the implementation of the tribal healing to wellness program2 7#f7 a certification that participating offenders will be supervised by #a or more designated judges with responsibility for the tribal healing to wellness court2 7#g7 a specification of plans for obtaining necessary support and continuing the proposed tribal healing to wellness court following the conclusion of the grant period2 and 7#h7 a description of the methodology that will be used in evaluating the tribal healing to wellness court4 7d7 ,geographic distribution ,the ,attorney ,general shall ensure1 to the maximum extent practicable1 the equitable geographic distribution of grant awards under this ,act4 #d4 ,mandatory drug testing and mandatory sanctions and responses 7a7 ,mandatory testing 7#a7 ,in general ,grant amounts under this ,act may be used for a tribal healing to wellness court only if the tribal healing to wellness court has mandatory periodic testing as described in section #c7;a77#a77;,b77i74 7#b7 ,regulations 7,a7 ,in general ,the ,attorney ,general1 by issuing guidelines or promulgating regulations1 shall describe standards for the timing and manner of complying with the requirements of paragraph 7#a74 7,b7 ,standards ,the standards under subparagraph 7,a7-- 7i7 shall ensure that-- 7,i7 each participant is tested for any controlled substance the ,attorney ,general or the court may require2 and 7,,ii7 the testing is accurate and practicable2 and 7ii7 may require approval of the drug testing regime to ensure that adequate testing occurs4 7b7 ,mandatory sanctions and responses 7#a7 ,in general ,the ,attorney ,general1 by issuing guidelines or promulgating regulations1 may require that grant amounts under this section may be used for a tribal healing to wellness court only if the tribal healing to wellness court imposes graduated sanctions that increase punitive responses1 therapeutic responses1 or both1 if a participant fails a drug test4 7#b7 ,inclusions ,the sanctions and responses under paragraph 7#a7 may include-- 7,a7 incarceration2 7,b7 detoxification treatment2 7,c7 residential treatment2 7,d7 increased time in the program2 7,e7 termination from the program2 7,f7 increased drug screening requirements2 7,g7 increased court appearances2 7,h7 increased counseling2 7,i7 increased supervision2 7,j7 electronic monitoring2 7,k7 in-home restriction2 7,l7 community service2 7,m7 family counseling2 7,n7 anger management classes2 and 7,o7 additional assessments4 #e4 ,prohibition on participation by violent offenders 7a7 ,definitions ,in this section3 7#a7 ,violent offender ,except as provided in paragraph 7#b71 the term violent offender means a person who-- 7,a7 is charged with or convicted of an offense or conduct that is punishable by a term of imprisonment exceeding #a year1 during the course of which offense or conduct-- 7i7 the person carried1 possessed1 or used a firearm or dangerous weapon2 7ii7 there occurred the death of or serious bodily injury to any person2 or 7iii7 there occurred the use of force against the person of another1 without regard to whether any of the circumstances described in clause 7i7 or 7ii7 is an element of the offense or conduct of which or for which the person is charged or convicted2 or 7,b7 has #a 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 harm4 7#b7 ,violent offender definition for purposes of juvenile drug courts ,for purposes of juvenile drug courts1 the term violent offender means a juvenile who has been convicted of1 or adjudicated delinquent for1 a felony-level offense that-- 7,a7 has as an element1 the use1 attempted use1 or threatened use of physical force against the person or property of another1 or the possession or use of a firearm2 or 7,b7 by its nature1 involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense4 7b7 ,prohibition ,the ,attorney ,general shall-- 7#a7 issue regulations or guidelines to ensure that the tribal healing to wellness courts carried out using a grant under this ,act do not permit participation by violent offenders2 and 7#b7 immediately suspend funding for any tribal healing to wellness court receiving a grant under this ,act1 pending compliance1 if the ,attorney ,general finds that violent offenders are participating in the tribal healing to wellness court4 7c7 ,waiver 7#a7 ,in general ,the ,attorney ,general may waive the application of this section to a tribal healing to wellness court if the applicable entity receiving grant amounts under this ,act applies for a waiver4 7#b7 ,requirements ,the ,attorney ,general shall establish requirements for a waiver under paragraph 7#a7 in consultation with ,indian tribes4 #f4 ,technical assistance and training2 support services 7a7 ,technical assistance and training 7#a7 ,in general ,the ,attorney ,general1 acting through the ,bureau of ,justice ,assistance or through grants1 contracts1 or other cooperative arrangements with national or regional organizations1 shall provide to each eligible entity receiving a grant under this ,act technical assistance and training-- 7,a7 to assist that eligible entity in successfully competing for future funding under this ,act2 and 7,b7 to strengthen existing tribal healing to wellness courts4 7#b7 ,rural needs ,in providing technical assistance and training under paragraph 7#a71 the ,bureau of ,justice ,assistance shall consider and respond to the unique needs of eligible entities located in rural ,states1 rural areas1 and rural communities4 7b7 ,support services ,the ,indian ,health ,service and the ,substance ,abuse and ,mental ,health ,services ,administration shall provide to each eligible entity receiving a grant under this ,act support services to assist the eligible entity in carrying out the tribal healing to wellness court receiving grant amounts under this ,act4 #g4 ,report ,an eligible entity receiving a grant under this ,act1 for each fiscal year of the grant period and on a date specified by the ,attorney ,general1 shall submit to the ,attorney ,general a report that describes the effectiveness of this ,act4 #h4 ,administration 7a7 ,consultation ,the ,attorney ,general shall consult with the ,secretary of ,health and ,human ,services and any other appropriate officials in carrying out this ,act4 7b7 ,use of components ,the ,attorney ,general may use any component or components of the ,department of ,justice in carrying out this ,act4 #i4 ,authorization of appropriations 7a7 ,in general ,there is authorized to be appropriated to carry out this ,act #aj1jjj1jjj for each of fiscal years #bjaf through #bjbj1 to remain available until expended4 7b7 ,training and technical assistance ,each fiscal year1 not more than #e percent of funds made available under subsection 7a7 for the fiscal year may be used by the ,attorney ,general to provide training and technical assistance to carry out this ,act4