,,ii #aaith ,,congress #ast ,session ,s4 #bgbc ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,september #d1 #bjbe ,ms4 ,klobuchar 7for herself and ,mr4 ,wicker7 introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to amend the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh to modify the provisions relating to treatment courts4 #a4 ,short title ,this ,act may be cited as the ,treatment ,court1 ,rehabilitation1 and ,recovery ,act of #bjbe4 #b4 ,treatment courts 7a7 ,in general ,title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajaja et seq47 is amended by striking part ,,ee 7#cd ,u4,s4,c4 #ajfaa et seq47 and inserting the following3 ,,ee ,treatment court discretionary grant program #biea4 ,grant authority 7a7 ,in general ,the ,attorney ,general may make grants-- 7#a7 to ,states1 ,state courts1 local courts1 units of local government1 and ,indian tribal governments1 acting directly or through agreements with other public or private entities2 and 7#b7 to establish or enhance-- 7,a7 juvenile drug treatment courts that serve teens charged with delinquency offenses caused or influenced by a moderate to severe substance use disorder or co-occurring mental health disorder2 7,b7 family treatment courts that serve parents or guardians in dependency proceedings facing allegations of child abuse or neglect caused or influenced by a moderate to severe substance use disorder2 7,c7 ,tribal healing to wellness courts that serve ,native ,americans by providing healing and communal practices to serve persons charged with drug-or alcohol-related violations of tribal laws2 7,d7 impaired driving courts that serve adults charged with repeated instances of driving under the influence of drugs or alcohol2 7,e7 adult drug treatment courts that serve as an alternative to incarceration for adults with substance use disorders1 including co-occurring substance use and mental health disorders2 and 7,f7 any other treatment courts that adhere to national best practice standards endorsed by the ,national ,association of ,drug ,court ,professionals4 7b7 ,limitation ,economic sanctions imposed in this section shall not be at a level that would interfere with the treatment and must conform to constitutional standards including1 but not limited to1 an opportunity to present evidence at a hearing regarding the participant's financial status and ability to pay4 #bieb4 ,eligibility 7a7 ,definition ,in this section1 the term participant means an adult or juvenile in the court system who-- 7#a7 has been diagnosed by a substance use treatment professional as having a substance use disorder or co-occurring mental illness and substance abuse disorders2 7#b7 7,a7 meets established eligibility criteria as approved by the adult1 juvenile1 or tribal treatment court team1 that1 at a minimum1 includes the judge1 prosecutor1 defense bar1 and treatment community2 and 7,b7 for family treatment courts1 at a minimum1 includes the judge1 child welfare agency or prosecutor1 defensive bar1 and treatment community2 7#c7 has been determined1 by the treatment court team1 not to pose a risk of violence to any person in the program1 or the public1 if selected to participate in the program2 and 7#d7 has not been charged with or convicted of-- 7,a7 any sex offense 7as defined in section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#cd ,u4,s4,c4 #bjiaa77 or any offense relating to the sexual exploitation of children2 or 7,b7 murder or assault with intent to commit murder4 7b7 ,determination ,in determining whether a participant meets the eligibility criteria1 the treatment court team shall take into account-- 7#a7 whether the participation of the participant in the program would pose a substantial risk of violence to the community2 7#b7 the criminal history of the participant and the nature and severity of the offense for which the participant is charged2 7#c7 the views of any relevant victims to the offense2 7#d7 the extent to which the participant would benefit from participation in the program2 and 7#e7 the extent to which the community would realize cost savings because of the participation of the participant in the program4 #biec4 ,administration 7a7 ,definitions ,in this section3 7#a7 ,medication for addiction treatment ,the term medication for addiction treatment means the use of medications approved by the ,food and ,drug ,administration for the treatment of substance use disorder4 7#b7 ,state substance abuse authority ,the term ,state substance abuse authority means the ,state agency responsible for administering the ,substance ,abuse ,prevention and ,treatment ,block ,grant under subpart ,,ii of part ,b of title ,,xix of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #cjjx-#ba et seq474 7b7 ,consultation ,the ,attorney ,general shall consult with the ,secretary of ,health and ,human ,services and any other appropriate officials in carrying out this part4 7c7 ,use of components ,the ,attorney ,general may utilize any component or components of the ,department of ,justice in carrying out this part4 7d7 ,regulatory authority ,the ,attorney ,general may issue regulations and guidelines necessary to carry out this part4 7e7 ,administrative costs 7#a7 ,not more than #aj percent of a grant made under this part may be used for costs incurred to administer such grant4 7f7 ,applications ,in addition to any other requirements that may be specified by the ,attorney ,general1 an application for a grant under this part shall-- 7#a7 explain the long-term strategy and detailed implementation plan that outlines how the program will-- 7,a7 serve treatment courts described in #biea7;a77#b72 7,b7 achieve the implementation of national best practice standards described in section #biea7;a77#b77;,f72 and 7,c7 obtain the necessary support to continue the proposed program following the conclusion of ,federal support2 7#b7 certify that-- 7,a7 the program will not discriminate based upon race1 gender1 gender identity1 religion1 national origin1 sexual orientation1 economic status1 or immigration status2 7,b7 the program will provide adequate protections for offenders' right to competent counsel2 7,c7 evidence-based clinical assessment will determine the level of care1 and that evidence-based substance use disorder treatment1 including medication for addiction treatment1 will be available if clinically appropriate2 7,d7 substance use disorder treatment providers and services are licensed or accredited by the ,state substance abuse authority and that ,state standards of care will be utilized2 7,e7 there has been appropriate consultation with all affected agencies and that there will be appropriate coordination with all affected agencies1 including ,state or local prosecutors1 the defense bar1 law enforcement1 probation1 courts1 ,state or local treatment agencies1 and other community services2 7,f7 #a or more designated judges are responsible for the program2 7,g7 there is an inability to fund the program adequately without ,federal assistance2 7,h7 ,federal support provided will be used to supplement1 and not supplant1 ,state1 ,indian tribal1 and local sources of funding that would otherwise be available2 7,i7 the payment1 in whole or part1 by the participant of treatment costs and restitution1 to the extent practicable1 shall be based on ability to pay and will not be at a level that would interfere with program participation2 and 7,j7 impaired driving court applicants are compliant with section #afd7;b7 of title #bc1 ,united ,states ,code2 and 7#c7 describe-- 7,a7 the admission criteria to ensure that-- 7i7 the criteria are broad enough to provide equal access for all individuals under the treatment court's jurisdiction who are in high need of substance use disorder treatment based on evidence-based clinical assessments2 7ii7 the individual circumstances of each offender are considered as mitigating or aggravating factors2 and 7iii7 an evidence-based clinical assessment is utilized to determine the level of care2 7,b7 the components of the program to include-- 7i7 a process to ensure equivalent access and retention in the program that includes collecting and examining access and retention data to ensure unfair disparities do not exist2 7ii7 substance use disorder or mental health treatment for each participant based on individualized assessments and evidence-based treatment services2 7iii7 case management1 relapse prevention1 education1 vocational training1 job placement1 housing placement1 medical and dental care1 parenting programs1 child care1 or other family support services for each participant who requires such services2 7iv7 diversion1 probation1 or other supervised release2 7v7 evidence-based graduated responses2 7vi7 periodic and random testing for the use of controlled substances or other addictive substances2 and 7vii7 the methodology that will be used to evaluate the program's process and outcomes2 and 7,c7 the related governmental or community initiatives that complement the program4 #bied4 ,applications ,to request funds under this part1 the chief executive or the chief justice of a ,state1 or the chief executive or judge of a unit of local government or ,indian tribal government1 or the chief judge of a ,state court1 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 require4 #biee4 ,federal share 7a7 ,in general ,the ,federal share of a grant made under this part may not exceed #ge percent of the total costs of the program described in the application submitted under section #bied for the fiscal year for which the program receives assistance under this part1 unless the ,attorney ,general waives1 wholly or in part1 the requirement of a matching contribution under this section4 7b7 ,in-,kind contributions ,in-kind contributions may constitute a portion of the non-,federal share of a grant4 #bief4 ,distribution and allocation of funding ,the ,attorney ,general shall ensure-- 7#a7 all grants awards have in place a process to ensure equivalent access and retention in the program that includes-- 7,a7 collecting and examining access and retention data to ensure unfair disparities do not exist2 7,b7 modifying the eligibility criteria1 admissions protocols1 and other program elements to address disparities1 enhance recruitment1 and improve retention2 7,c7 continually monitoring whether racial and ethnic minority and female participants have equal access to the programs1 receive equivalent services in the programs1 and successfully complete the programs at rates equivalent to non-minorities and males2 and 7,d7 admission criteria that serve individuals with a high need of substance use disorder treatment based on clinical assessments2 7#b7 all grant awards-- 7,a7 use evidence-based clinical assessment to determine the level of care for evidence-based substance use disorder treatment1 including medication for addiction treatment1 if clinically appropriate and available2 and 7,b7 use substance use disorder treatment providers and services are licensed or accredited by the ,state substance abuse authority and that standards of care of the ,state are used2 7#c7 priority in funding is given to those applicants that have demonstrated adherence to the practice standards established or endorsed by the ,national ,association of ,drug ,court ,professionals2 7#d7 all ,states1 ,state courts1 local courts1 units of local government1 and ,indian tribal governments are provided with an opportunity to apply and be considered for a grant under this part2 7#e7 to the extent practicable1 equitable geographic distribution of grant awards is made2 and 7#f7 training and technical assistance is available to ,states that applied and did not receive a grant award4 #bieg4 ,report 7a7 ,grant report ,a ,state1 ,indian tribal government1 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 part4 7b7 ,evaluation ,the ,department of ,justice1 ,bureau of ,justice ,assistance shall conduct a national multi-site evaluation on the effectiveness of treatment courts to be submitted to ,congress within three years of enactment of this bill4 ,the evaluation shall focus on target population1 evidence-based substance use and mental health treatment1 including medication for addiction treatment1 recidivism1 and program outcomes4 #bieh4 ,technical assistance1 training1 and evaluation 7a7 ,technical assistance and training ,the ,attorney ,general may provide technical assistance and training in furtherance of the purposes of this part4 ,all training and technical assistance must adhere to the national best practice standards established by the ,national ,association of ,drug ,court ,professionals or those approved by the ,department of ,justice4 7b7 ,evaluations ,in addition to any evaluation requirements that may be prescribed for grantees 7including uniform data collection standards and reporting requirements71 the ,attorney ,general shall carry out or make arrangements for evaluations of programs that receive support under this part4 7c7 ,administration ,the technical assistance1 training1 and evaluations authorized by this section may be carried out directly by the ,attorney ,general1 in collaboration with the ,secretary of ,health and ,human ,services1 or through grants1 contracts1 or other cooperative arrangements with other entities4 7d7 ,authorization of appropriations ,there is authorized to be appropriated to carry out this section #ajj1jjj1jjjj for each year for fiscal years #bjbd through #bjbh4 4