*"SEC. 2106. EVALUATION. * * "(a) SUBMISSION.- * * "(1) IN GENERAL.-EACH STATE AND LOCAL UNIT OF GOVERNMENT THAT * * RECEIVES A GRANT UNDER THIS PART SHALL SUBMIT TO THE DIRECTOR AN * * EVALUATION NOT LATER THAN MARCH 1 OF EACH YEAR IN ACCORDANCE WITH * * GUIDELINES ISSUED BY THE DIRECTOR AND IN CONSULTATION WITH THE * * NATIONAL INSTITUTE OF JUSTICE. * * "(2) WAIVER.-THE DIRECTOR MAY WAIVE THE REQUIREMENT SPECIFIED IN * * PARAGRAPH (1) IF THE DIRECTOR DETERMINES THAT AN EVALUATION IS NOT * * WARRANTED IN THE CASE OF A PARTICULAR STATE OR UNIT OF LOCAL * * GOVERNMENT. * * "(B) DISTRIBUTION.-THE DIRECTOR SHALL MAKE AVAILABLE TO THE PUBLIC ON * *A TIMELY BASIS EVALUATIONS RECEIVED UNDER SUBSECTION (A). * * "(C) ADMINISTRATIVE COSTS.-A STATE AND LOCAL UNIT OF GOVERNMENT MAY * *USE NOT MORE THAN 5 PERCENT OF FUNDS IT RECEIVES UNDER THIS PART TO * *DEVELOP AN EVALUATION PROGRAM UNDER THIS SECTION.". * * (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 1202(B), IS AMENDED BY STRIKING THE MATTER * *RELATING TO PART U AND INSERTING THE FOLLOWING: * *"PART U-ALTERNATIVE PUNISHMENTS FOR YOUNG NON-VIOLENT OFFENDERS * *"Sec. 2101. Grant authorization. * *"Sec. 2102. State applications. * *"Sec. 2103. Review of State applications. * *"Sec. 2104. Local applications. * *"Sec. 2105. Allocation and distribution of funds. * *"Sec. 2106. Evaluation. * *"PART V-TRANSITION; EFFECTIVE DATE; REPEALER * *"Sec. 2201. Continuation of rules, authorities, and proceedings.". * * (c) DEFINITION.-SECTION 901(A) OF THE OMNIBUS CRIME CONTROL AND SAFE * *STREETS ACT OF 1968 (42 U.S.C. 3791(A)) IS AMENDED BY ADDING AT THE END * *THE FOLLOWING NEW PARAGRAPH: * * "(24) 'YOUNG NON-VIOLENT OFFENDER' MEANS A NON-VIOLENT FIRST-TIME * * OFFENDER OR NON-VIOLENT OFFENDER WITH A MINOR CRIMINAL RECORD WHO IS* * 25 YEARS OF AGE OR YOUNGER.". * * (D) 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 1202(C), IS AMENDED- * * (1) IN PARAGRAPH (3) BY STRIKING "AND T" AND INSERTING "T, AND U";* * AND * * (2) BY ADDING AT THE END THE FOLLOWING NEW PARAGRAPH: * * "(15) THERE ARE AUTHORIZED TO BE APPROPRIATED TO CARRY OUT THE * *PROJECTS UNDER PART U $200,000,000 FOR EACH OF FISCAL YEARS 1995, 1996, * *AND 1997.". * *SEC. 1204. RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS. * * (a) IN GENERAL.-TITLE I OF THE OMNIBUS CRIME CONTROL AND SAFE STREETS * *ACT OF 1968 (42 U.S.C. 3711 ET SEQ.), AS AMENDED BY SECTION 1203(A), 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-RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS * *"SEC. 2201. GRANT AUTHORIZATION. * * "The Director of the Bureau of Justice Assistance (referred to in this* *part as the 'Director') may make grants under this part to States, for * *the use by States for the purpose of developing and implementing * *residential substance abuse treatment programs within State correctional* *facilities, including residential substance abuse treatment programs for* *offenders who violate the terms of any post-conviction diversion program* *and who are committed to State correctional facilities. * *"SEC. 2202. STATE APPLICATIONS. * * "(a) IN GENERAL.-(1) TO REQUEST A GRANT UNDER THIS PART THE CHIEF * *EXECUTIVE OF A STATE SHALL SUBMIT AN APPLICATION TO THE DIRECTOR IN SUCH* *FORM AND CONTAINING SUCH INFORMATION AS THE DIRECTOR MAY REASONABLY * *REQUIRE. * * "(2) SUCH APPLICATION SHALL INCLUDE ASSURANCES THAT FEDERAL FUNDS * *RECEIVED UNDER THIS PART SHALL BE USED TO SUPPLEMENT, NOT SUPPLANT, * *NON-FEDERAL FUNDS THAT WOULD OTHERWISE BE AVAILABLE FOR ACTIVITIES * *FUNDED UNDER THIS PART. * * "(3) SUCH APPLICATION SHALL COORDINATE THE DESIGN AND IMPLEMENTATION * *OF TREATMENT PROGRAMS BETWEEN STATE CORRECTIONAL REPRESENTATIVES AND THE* *STATE ALCOHOL AND DRUG ABUSE AGENCY. * * "(B) DRUG TESTING REQUIREMENT.-TO BE ELIGIBLE TO RECEIVE FUNDS UNDER * *THIS PART, A STATE MUST AGREE TO IMPLEMENT OR CONTINUE TO REQUIRE * *URINALYSIS OR SIMILAR TESTING OF INDIVIDUALS IN CORRECTIONAL RESIDENTIAL* *SUBSTANCE ABUSE TREATMENT PROGRAMS. SUCH TESTING SHALL INCLUDE * *INDIVIDUALS RELEASED FROM RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAMS* *WHO REMAIN IN THE CUSTODY OF THE STATE. * * "(C) ELIGIBILITY FOR PREFERENCE WITH AFTER CARE COMPONENT.- * * "(1) TO BE ELIGIBLE FOR A PREFERENCE UNDER THIS PART, A STATE MUST* * ENSURE THAT INDIVIDUALS WHO PARTICIPATE IN THE DRUG TREATMENT * * PROGRAM ESTABLISHED OR IMPLEMENTED WITH ASSISTANCE PROVIDED UNDER * * THIS PART WILL BE PROVIDED WITH AFTERCARE SERVICES. * * "(2) STATE AFTERCARE SERVICES MUST INVOLVE THE COORDINATION OF THE* * PRISON TREATMENT PROGRAM WITH OTHER HUMAN SERVICE AND REHABILITATION* * PROGRAMS, SUCH AS EDUCATIONAL AND JOB TRAINING PROGRAMS, PAROLE * * SUPERVISION PROGRAMS, HALF-WAY HOUSE PROGRAMS, AND PARTICIPATION IN * * SELF-HELP AND PEER GROUP PROGRAMS, THAT MAY AID IN THE * * REHABILITATION OF INDIVIDUALS IN THE DRUG TREATMENT PROGRAM. * * "(3) TO QUALIFY AS AN AFTERCARE PROGRAM, THE HEAD OF THE DRUG * * TREATMENT PROGRAM, IN CONJUNCTION WITH STATE AND LOCAL AUTHORITIES * * AND ORGANIZATIONS INVOLVED IN DRUG TREATMENT, SHALL ASSIST IN * * PLACEMENT OF DRUG TREATMENT PROGRAM PARTICIPANTS WITH APPROPRIATE * * COMMUNITY DRUG TREATMENT FACILITIES WHEN SUCH INDIVIDUALS LEAVE * * PRISON AT THE END OF A SENTENCE OR ON PAROLE. * * "(D) STATE OFFICE.-THE OFFICE DESIGNATED UNDER SECTION 507- * * "(1) SHALL PREPARE THE APPLICATION AS REQUIRED UNDER THIS SECTION;* * AND * * "(2) SHALL ADMINISTER GRANT FUNDS RECEIVED UNDER THIS PART, * * INCLUDING, REVIEW OF SPENDING, PROCESSING, PROGRESS, FINANCIAL * * REPORTING, TECHNICAL ASSISTANCE, GRANT ADJUSTMENTS, ACCOUNTING, * * AUDITING, AND FUND DISBURSEMENT. * *"SEC. 2203. REVIEW OF STATE APPLICATIONS. * * "(a) IN GENERAL.-THE BUREAU SHALL MAKE A GRANT UNDER SECTION 2201 TO * *CARRY OUT THE PROJECTS DESCRIBED IN THE APPLICATION SUBMITTED UNDER * *SECTION 2202 UPON DETERMINING THAT- * * "(1) THE APPLICATION IS CONSISTENT WITH THE REQUIREMENTS OF THIS * * PART; AND * * "(2) BEFORE THE APPROVAL OF THE APPLICATION THE BUREAU HAS MADE AN* * AFFIRMATIVE FINDING IN WRITING THAT THE PROPOSED PROJECT HAS BEEN * * REVIEWED IN ACCORDANCE WITH THIS PART. * * "(B) APPROVAL.-EACH APPLICATION SUBMITTED UNDER SECTION 2202 SHALL BE * *CONSIDERED APPROVED, IN WHOLE OR IN PART, BY THE BUREAU NOT LATER THAN * *90 DAYS AFTER FIRST RECEIVED UNLESS THE BUREAU INFORMS THE APPLICANT OF * *SPECIFIC REASONS FOR DISAPPROVAL. * * "(C) RESTRICTION.-GRANT FUNDS RECEIVED UNDER THIS PART SHALL NOT BE * *USED FOR LAND ACQUISITION OR CONSTRUCTION PROJECTS. * * "(D) DISAPPROVAL NOTICE AND RECONSIDERATION.-THE BUREAU SHALL NOT * *DISAPPROVE ANY APPLICATION WITHOUT FIRST AFFORDING THE APPLICANT * *REASONABLE NOTICE AND AN OPPORTUNITY FOR RECONSIDERATION. * *"SEC. 2204. ALLOCATION AND DISTRIBUTION OF FUNDS. * * "(a) ALLOCATION.-OF THE TOTAL AMOUNT APPROPRIATED UNDER THIS PART IN * *ANY FISCAL YEAR- * * "(1) 0.4 PERCENT SHALL BE ALLOCATED TO EACH OF THE PARTICIPATING * * STATES; AND * * "(2) OF THE TOTAL FUNDS REMAINING AFTER THE ALLOCATION UNDER * * PARAGRAPH (1), THERE SHALL BE ALLOCATED TO EACH OF THE PARTICIPATING* * STATES AN AMOUNT THAT BEARS THE SAME RATIO TO THE AMOUNT OF * * REMAINING FUNDS DESCRIBED IN THIS PARAGRAPH AS THE STATE PRISON * * POPULATION OF THE STATE BEARS TO THE TOTAL PRISON POPULATION OF ALL * * OF THE PARTICIPATING STATES. * * "(B) FEDERAL SHARE.-THE FEDERAL SHARE OF A GRANT MADE UNDER THIS PART * *MAY NOT EXCEED 75 PERCENT OF THE TOTAL COSTS OF THE PROJECTS DESCRIBED * *IN THE APPLICATION SUBMITTED UNDER SECTION 2202 FOR THE FISCAL YEAR FOR * *WHICH THE PROJECTS RECEIVE ASSISTANCE UNDER THIS PART. * *"SEC. 2205. EVALUATION. * * "Each State that receives a grant under this part shall submit to the * *Director an evaluation not later than March 1 of each year in such form * *and containing such information as the Director may reasonably * *require.". * * (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 1203(B), IS AMENDED BY STRIKING THE MATTER * *RELATING TO PART V AND INSERTING THE FOLLOWING: * *"PART V-RESIDENTIAL SUBSTANCE ABUSE TREATMENT FOR PRISONERS * *"Sec. 2201. Grant authorization. * *"Sec. 2202. State applications. * *"Sec. 2203. Review of State applications. * *"Sec. 2204. Allocation and distribution of funds. * *"Sec. 2205. Evaluation. * *"PART W-TRANSITION; EFFECTIVE DATE; REPEALER * *"Sec. 2301. Continuation of rules, authorities, and proceedings.". * * (c) DEFINITIONS.-SECTION 901(A) OF THE OMNIBUS CRIME CONTROL AND SAFE * *STREETS ACT OF 1968 (42 U.S.C. 3791(A)), AS AMENDED BY SECTION 2102(C), * *IS AMENDED BY ADDING AT THE END THE FOLLOWING NEW PARAGRAPH: * * "(25) 'RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROGRAM' MEANS A * * COURSE OF INDIVIDUAL AND GROUP ACTIVITIES, LASTING BETWEEN 6 AND 12 * * MONTHS, IN RESIDENTIAL TREATMENT FACILITIES SET APART FROM THE * * GENERAL PRISON POPULATION- * * "(A) DIRECTED AT THE SUBSTANCE ABUSE PROBLEMS OF THE PRISONER;* * AND * * "(B) INTENDED TO DEVELOP THE PRISONER'S COGNITIVE, BEHAVIORAL,* * SOCIAL, VOCATIONAL, AND OTHER SKILLS SO AS TO SOLVE THE * * PRISONER'S SUBSTANCE ABUSE AND RELATED PROBLEMS.". * * (D) 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 1202(D), 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: * * "(16) THERE ARE AUTHORIZED TO BE APPROPRIATED TO CARRY OUT PROJECTS * *UNDER PART V $100,000,000 FOR EACH OF FISCAL YEARS 1995, 1996, AND * *1997.". * *TITLE XIII-PRISONS * *Subtitle A-Federal Prisons * *SEC. 1301. PRISONER'S PLACE OF IMPRISONMENT. * * Paragraph (b) of section 3621 of title 18, United States Code, is * *amended by inserting after subsection (5) the following: "In designating* *the place of imprisonment or making transfers under this subsection, * *there shall be no favoritism given to prisoners of high social or * *economic status.". * *SEC. 1302. PRISON IMPACT ASSESSMENTS. * * (a) IN GENERAL.-CHAPTER 303 OF TITLE 18, UNITED STATES CODE, IS * *AMENDED BY ADDING AT THE END THE FOLLOWING NEW SECTION: * *"4047. Prison impact assessments * * "(a) Any submission of legislation by the Judicial or Executive branch* *which could increase or decrease the number of persons incarcerated or * *in Federal penal institutions shall be accompanied by a prison impact * *statement, as defined in subsection (b) of this section. * * "(b) The Attorney General shall, in consultation with the Sentencing * *Commission and the Administrative Office of the United States Courts, * *prepare and furnish prison impact assessments under subsection (c) of * *this section, and in response to requests from Congress for information * *relating to a pending measure or matter that might affect the number of * *defendants processed through the Federal criminal justice system. A * *prison impact assessment on pending legislation must be supplied within * *14 days of any request. A prison impact assessment shall include- * * "(1) projections of the impact on prison, probation, and post * * prison supervision populations; * * "(2) an estimate of the fiscal impact of such population changes * * on Federal expenditures, including those for construction and * * operation of correctional facilities for the current fiscal year and* * 5 succeeding fiscal years; * * "(3) an analysis of any other significant factor affecting the * * cost of the measure and its impact on the operations of components * * of the criminal justice system; and * * "(4) a statement of the methodologies and assumptions utilized in * * preparing the assessment. * * "(c) The Attorney General shall prepare and transmit to the Congress, * *by March 1 of each year, a prison impact assessment reflecting the * *cumulative effect of all relevant changes in the law taking effect * *during the preceding calendar year.". * * (b) TECHNICAL AMENDMENT.-THE CHAPTER ANALYSIS FOR CHAPTER 303 IS * *AMENDED BY ADDING AT THE END THE FOLLOWING NEW ITEM: * *"4047. Prison impact assessments.". * *SEC. 1303. FEDERAL PRISONER DRUG TESTING. * * (a) SHORT TITLE.-THIS TITLE MAY BE CITED AS THE "FEDERAL PRISONER DRUG* *TESTING ACT OF 1993". * * (B) DRUG TESTING PROGRAM.-(1) CHAPTER 229 OF TITLE 18, UNITED STATES * *CODE, IS AMENDED BY ADDING AT THE END THE FOLLOWING NEW SECTION: * *"3608. Drug testing of Federal offenders on post-conviction release * * "The Director of the Administrative Office of the United States * *Courts, in consultation with the Attorney General and the Secretary of * *Health and Human Services, shall, subject to the availability of * *appropriations, establish a program of drug testing of Federal offenders* *on post-conviction release. The program shall include such standards and* *guidelines as the Director may determine necessary to ensure the * *reliability and accuracy of the drug testing programs. In each judicial * *district the chief probation officer shall arrange for the drug testing * *of defendants on post-conviction release pursuant to a conviction for a * *felony or other offense described in section 3563(a)(4) of this title. * *There are authorized to be appropriated for each fiscal year such sums * *as are necessary to carry out this section.". * * (2) The table of sections at the beginning of chapter 229 of title 18,* *United States Code, is amended by adding at the end the following: * *"3608. Drug testing of Federal offenders on post-conviction release.". * * (c) CONDITIONS OF PROBATION.-SECTION 3563(A) OF TITLE 18, UNITED * *STATES CODE, IS AMENDED- * * (1) IN PARAGRAPH (2) BY STRIKING "AND" AFTER THE SEMICOLON; * * (2) IN PARAGRAPH (3) BY STRIKING THE PERIOD AND INSERTING "; AND";* * (3) BY ADDING AT THE END THE FOLLOWING NEW PARAGRAPH: * * "(4) FOR A FELONY, A MISDEMEANOR, OR AN INFRACTION, THAT THE * * DEFENDANT REFRAIN FROM ANY UNLAWFUL USE OF A CONTROLLED SUBSTANCE * * AND SUBMIT TO ONE DRUG TEST WITHIN 15 DAYS OF RELEASE ON PROBATION * * AND AT LEAST 2 PERIODIC DRUG TESTS THEREAFTER (AS DETERMINED BY THE * * COURT) FOR USE OF A CONTROLLED SUBSTANCE, BUT THE CONDITION STATED * * IN THIS PARAGRAPH MAY BE AMELIORATED OR SUSPENDED BY THE COURT FOR * * ANY INDIVIDUAL DEFENDANT IF THE DEFENDANT'S PRESENTENCE REPORT OR * * OTHER RELIABLE SENTENCING INFORMATION INDICATES A LOW RISK OF FUTURE* * SUBSTANCE ABUSE BY THE DEFENDANT."; AND * * (4) BY ADDING AT THE END THE FOLLOWING: "THE RESULTS OF A DRUG * * TEST ADMINISTERED IN ACCORDANCE WITH PARAGRAPH (4) SHALL BE SUBJECT * * TO CONFIRMATION ONLY IF THE RESULTS ARE POSITIVE, THE DEFENDANT IS * * SUBJECT TO POSSIBLE IMPRISONMENT FOR SUCH FAILURE, AND EITHER THE * * DEFENDANT DENIES THE ACCURACY OF SUCH TEST OR THERE IS SOME OTHER * * REASON TO QUESTION THE RESULTS OF THE TEST. A DEFENDANT WHO TESTS * * POSITIVE MAY BE DETAINED PENDING VERIFICATION OF A POSITIVE DRUG * * TEST RESULT. A DRUG TEST CONFIRMATION SHALL BE A URINE DRUG TEST * * CONFIRMED USING GAS CHROMATOGRAPHY/MASS SPECTROMETRY TECHNIQUES OR * * SUCH TEST AS THE DIRECTOR OF THE ADMINISTRATIVE OFFICE OF THE UNITED* * STATES COURTS AFTER CONSULTATION WITH THE SECRETARY OF HEALTH AND * * HUMAN SERVICES MAY DETERMINE TO BE OF EQUIVALENT ACCURACY. * * NOTWITHSTANDING THE REQUIREMENTS OF SECTION 3565(B), THE COURT SHALL* * CONSIDER THE AVAILABILITY OF APPROPRIATE SUBSTANCE ABUSE TREATMENT * * PROGRAMS WHEN CONSIDERING ANY ACTION AGAINST A DEFENDANT WHO FAILS A* * DRUG TEST ADMINISTERED IN ACCORDANCE WITH PARAGRAPH (4).". * * (D) CONDITIONS ON SUPERVISED RELEASE.-SECTION 3583(D) OF TITLE 18, * *UNITED STATES CODE, IS AMENDED BY INSERTING AFTER THE FIRST SENTENCE THE* *FOLLOWING: "THE COURT SHALL ALSO ORDER, AS AN EXPLICIT CONDITION OF * *SUPERVISED RELEASE, THAT THE DEFENDANT REFRAIN FROM ANY UNLAWFUL USE OF * *A CONTROLLED SUBSTANCE AND SUBMIT TO A DRUG TEST WITHIN 15 DAYS OF * *RELEASE ON SUPERVISED RELEASE AND AT LEAST 2 PERIODIC DRUG TESTS * *THEREAFTER (AS DETERMINED BY THE COURT) FOR USE OF A CONTROLLED * *SUBSTANCE. THE CONDITION STATED IN THE PRECEDING SENTENCE MAY BE * *AMELIORATED OR SUSPENDED BY THE COURT AS PROVIDED IN SECTION 3563(A)(4).* *THE RESULTS OF A DRUG TEST ADMINISTERED IN ACCORDANCE WITH THE PRECEDING* *SUBSECTION SHALL BE SUBJECT TO CONFIRMATION ONLY IF THE RESULTS ARE * *POSITIVE, THE DEFENDANT IS SUBJECT TO POSSIBLE IMPRISONMENT FOR SUCH * *FAILURE, AND EITHER THE DEFENDANT DENIES THE ACCURACY OF SUCH TEST OR * *THERE IS SOME OTHER REASON TO QUESTION THE RESULTS OF THE TEST. A DRUG * *TEST CONFIRMATION SHALL BE A URINE DRUG TEST CONFIRMED USING GAS * *CHROMATOGRAPHY/MASS SPECTROMETRY TECHNIQUES OR SUCH TEST AS THE DIRECTOR* *OF THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS AFTER * *CONSULTATION WITH THE SECRETARY OF HEALTH AND HUMAN SERVICES MAY * *DETERMINE TO BE OF EQUIVALENT ACCURACY. NOTWITHSTANDING THE REQUIREMENTS* *OF SECTION 3583(G), THE COURT SHALL CONSIDER THE AVAILABILITY OF * *APPROPRIATE SUBSTANCE ABUSE TREATMENT PROGRAMS WHEN CONSIDERING ANY * *ACTION AGAINST A DEFENDANT WHO FAILS A DRUG TEST.". * * (E) CONDITIONS OF PAROLE.-SECTION 4209(A) OF TITLE 18, UNITED STATES * *CODE, IS AMENDED BY INSERTING AFTER THE FIRST SENTENCE THE FOLLOWING: * *"IN EVERY CASE, THE COMMISSION SHALL ALSO IMPOSE AS A CONDITION OF * *PAROLE THAT THE PAROLEE PASS A DRUG TEST PRIOR TO RELEASE AND REFRAIN * *FROM ANY UNLAWFUL USE OF A CONTROLLED SUBSTANCE AND SUBMIT TO AT LEAST 2* *PERIODIC DRUG TESTS (AS DETERMINED BY THE COMMISSION) FOR USE OF A * *CONTROLLED SUBSTANCE. THE CONDITION STATED IN THE PRECEDING SENTENCE MAY* *BE AMELIORATED OR SUSPENDED BY THE COMMISSION FOR ANY INDIVIDUAL PAROLEE* *IF IT DETERMINES THAT THERE IS GOOD CAUSE FOR DOING SO. THE RESULTS OF A* *DRUG TEST ADMINISTERED IN ACCORDANCE WITH THE PROVISIONS OF THE * *PRECEDING SENTENCE SHALL BE SUBJECT TO CONFIRMATION ONLY IF THE RESULTS * *ARE POSITIVE, THE DEFENDANT IS SUBJECT TO POSSIBLE IMPRISONMENT FOR SUCH* *FAILURE, AND EITHER THE DEFENDANT DENIES THE ACCURACY OF SUCH TEST OR * *THERE IS SOME OTHER REASON TO QUESTION THE RESULTS OF THE TEST. A DRUG * *TEST CONFIRMATION SHALL BE A URINE DRUG TEST CONFIRMED USING GAS * *CHROMATOGRAPHY/MASS SPECTROMETRY TECHNIQUES OR SUCH TEST AS THE DIRECTOR* *OF THE ADMINISTRATIVE OFFICE OF THE UNITED STATES COURTS AFTER * *CONSULTATION WITH THE SECRETARY OF HEALTH AND HUMAN SERVICES MAY * *DETERMINE TO BE OF EQUIVALENT ACCURACY. NOTWITHSTANDING THE REQUIREMENTS* *OF SECTION 4214(F), THE COMMISSION SHALL CONSIDER THE AVAILABILITY OF * *APPROPRIATE SUBSTANCE ABUSE TREATMENT PROGRAMS WHEN CONSIDERING ANY * *ACTION AGAINST A DEFENDANT WHO FAILS A DRUG TEST.". * *SEC. 1304. DRUG TREATMENT IN FEDERAL PRISONS. * * (a) SHORT TITLE.-THIS SECTION MAY BE CITED AS THE "DRUG TREATMENT IN * *FEDERAL PRISONS ACT OF 1993". * * (B) DEFINITIONS.-AS USED IN THIS SECTION- * * (1) THE TERM "RESIDENTIAL SUBSTANCE ABUSE TREATMENT" MEANS A * * COURSE OF INDIVIDUAL AND GROUP ACTIVITIES, LASTING BETWEEN 6 AND 12 * * MONTHS, IN RESIDENTIAL TREATMENT FACILITIES SET APART FROM THE * * GENERAL PRISON POPULATION- * * (A) DIRECTED AT THE SUBSTANCE ABUSE PROBLEMS OF THE PRISONER; * * AND * * (B) INTENDED TO DEVELOP THE PRISONER'S COGNITIVE, BEHAVIORAL, * * SOCIAL, VOCATIONAL, AND OTHER SKILLS SO AS TO SOLVE THE * * PRISONER'S SUBSTANCE ABUSE AND RELATED PROBLEMS; AND * * (2) THE TERM "ELIGIBLE PRISONER" MEANS A PRISONER WHO IS- * * (A) DETERMINED BY THE BUREAU OF PRISONS TO HAVE A SUBSTANCE * * ABUSE PROBLEM; AND * * (B) WILLING TO PARTICIPATE IN A RESIDENTIAL SUBSTANCE ABUSE * * TREATMENT PROGRAM. * * (C) IMPLEMENTATION OF SUBSTANCE ABUSE TREATMENT REQUIREMENT.- * * (1) IN ORDER TO CARRY OUT THE REQUIREMENT OF THE LAST SENTENCE OF * * SECTION 3621(B) OF TITLE 18, UNITED STATES CODE, THAT EVERY PRISONER* * WITH A SUBSTANCE ABUSE PROBLEM HAVE THE OPPORTUNITY TO PARTICIPATE * * IN APPROPRIATE SUBSTANCE ABUSE TREATMENT, THE BUREAU OF PRISONS * * SHALL, SUBJECT TO THE AVAILABILITY OF APPROPRIATIONS, PROVIDE * * RESIDENTIAL SUBSTANCE ABUSE TREATMENT- * * (A) FOR NOT LESS THAN 50 PERCENT OF ELIGIBLE PRISONERS BY THE * * END OF FISCAL YEAR 1995; * * (B) FOR NOT LESS THAN 75 PERCENT OF ELIGIBLE PRISONERS BY THE * * END OF FISCAL YEAR 1996; AND * * (C) FOR ALL ELIGIBLE PRISONERS BY THE END OF FISCAL YEAR 1997 * * AND THEREAFTER. * * (2) SECTION 3621 OF TITLE 18, UNITED STATES CODE, IS AMENDED BY * * ADDING AT THE END THE FOLLOWING: * * "(D) INCENTIVE FOR PRISONERS' SUCCESSFUL COMPLETION OF TREATMENT * *PROGRAM.- * * "(1) GENERALLY.-ANY PRISONER WHO, IN THE JUDGMENT OF THE DIRECTOR * * OF THE BUREAU OF PRISONS, HAS SUCCESSFULLY COMPLETED A PROGRAM OF * * RESIDENTIAL SUBSTANCE ABUSE TREATMENT PROVIDED UNDER SUBSECTION (B) * * OF THIS SECTION, SHALL REMAIN IN THE CUSTODY OF THE BUREAU FOR SUCH * * TIME (AS LIMITED BY PARAGRAPH (2) OF THIS SUBSECTION) AND UNDER SUCH* * CONDITIONS, AS THE BUREAU DEEMS APPROPRIATE. IF THE CONDITIONS OF * * CONFINEMENT ARE DIFFERENT FROM THOSE THE PRISONER WOULD HAVE * * EXPERIENCED ABSENT THE SUCCESSFUL COMPLETION OF THE TREATMENT, THE * * BUREAU SHALL PERIODICALLY TEST THE PRISONER FOR DRUG ABUSE AND * * DISCONTINUE SUCH CONDITIONS ON DETERMINING THAT DRUG ABUSE HAS * * RECURRED. * * "(2) PERIOD OF CUSTODY.-THE PERIOD A PRISONER CONVICTED OF A * * NONVIOLENT OFFENSE REMAINS IN CUSTODY AFTER SUCCESSFULLY COMPLETING * * A TREATMENT PROGRAM SHALL NOT EXCEED THE PRISON TERM THE LAW WOULD * * OTHERWISE REQUIRE SUCH PRISONER TO SERVE, BUT MAY NOT BE LESS THAN * * SUCH TERM MINUS ONE YEAR.". * * (D) REPORT.-THE BUREAU OF PRISONS SHALL TRANSMIT TO THE CONGRESS ON * *JANUARY 1, 1993, AND ON JANUARY 1 OF EACH YEAR THEREAFTER, A REPORT. * *SUCH REPORT SHALL CONTAIN- * * (1) A DETAILED QUANTITATIVE AND QUALITATIVE DESCRIPTION OF EACH * * SUBSTANCE ABUSE TREATMENT PROGRAM, RESIDENTIAL OR NOT, OPERATED BY * * THE BUREAU; * * (2) A FULL EXPLANATION OF HOW ELIGIBILITY FOR SUCH PROGRAMS IS * * DETERMINED, WITH COMPLETE INFORMATION ON WHAT PROPORTION OF * * PRISONERS WITH SUBSTANCE ABUSE PROBLEMS ARE ELIGIBLE; AND * * (3) A COMPLETE STATEMENT OF TO WHAT EXTENT THE BUREAU HAS ACHIEVED* * COMPLIANCE WITH THE REQUIREMENTS OF THIS TITLE. * * (E) AUTHORIZATION OF APPROPRIATIONS.-THERE ARE AUTHORIZED TO BE * *APPROPRIATED FOR FISCAL YEAR 1995 AND EACH FISCAL YEAR THEREAFTER SUCH * *SUMS AS MAY BE NECESSARY TO CARRY OUT THIS TITLE. * *SEC. 1305. SENTENCES TO ACCOUNT FOR COSTS TO THE GOVERNMENT OF * *IMPRISONMENT, RELEASE, AND PROBATION. * * (a) IMPOSITION OF SENTENCE.-Section 3572(a) of title 18, United States* *Code, is amended- * * (1) by redesignating paragraphs (6) and (7) as paragraphs (7) and * * (8), respectively; and * * (2) by inserting after paragraph (5) the following new paragraph: * * "(6) the expected costs to the government of any imprisonment, * * supervised release, or probation component of the sentence;". * * (b) DUTIES OF THE SENTENCING COMMISSION.-Section 994 of title 28, * *United States Code, is amended by adding at the end the following new * *subsection: * * "(y) The Commission, in promulgating guidelines pursuant to subsection* *(a)(1), may include, as a component of a fine, the expected costs to the* *Government of any imprisonment, supervised release, or probation * *sentence that is ordered.". * *Subtitle B-State Prisons * *SEC. 1321. BOOT CAMPS AND PRISONS FOR VIOLENT DRUG OFFENDERS. * * (a) DEFINITION.-In this section, "boot camp prison program" means a * *correctional program of not more than 6 months' duration involving- * * (1) assignment for participation in the program, in conformity * * with State law, by prisoners other than prisoners who have been * * convicted at any time of a violent felony; * * (2) adherence by inmates to a highly regimented schedule that * * involves strict discipline, physical training, and work; * * (3) participation by inmates in appropriate education, job * * training, and substance abuse counseling or treatment; and * * (4) aftercare services for inmates following release that are * * coordinated with the program carried out during the period of * * imprisonment. * * (b) ESTABLISHMENT OF GRANT AND TECHNICAL ASSISTANCE PROGRAM.- * * (1) IN GENERAL.-THE ATTORNEY GENERAL MAY MAKE GRANTS TO STATES AND* * TO MULTI-STATE COMPACT ASSOCIATIONS FOR THE PURPOSES OF- * * (A) DEVELOPING, CONSTRUCTING, EXPANDING, OPERATING, AND * * IMPROVING BOOT CAMP PRISON PROGRAMS, CITY OR COUNTY DETENTION * * FACILITIES, OR LOW- TO MEDIUM-SECURITY PRISONS; * * (B) DEVELOPING, CONSTRUCTING, AND OPERATING PRISONS THAT HOUSE* * AND PROVIDE TREATMENT FOR VIOLENT OFFENDERS WITH SERIOUS * * SUBSTANCE ABUSE PROBLEMS; AND * * (C) ASSISTING IN ACTIVATING EXISTING BOOT CAMP OR PRISON * * FACILITIES THAT ARE UNUTILIZED OR UNDERUTILIZED BECAUSE OF LACK * * OF FUNDING. * * (2) TECHNICAL ASSISTANCE.-The Attorney General may provide * * technical assistance to grantees under this section. * * (3) UTILIZATION OF PRIVATE SECTOR.-NOTHING HEREIN SHALL PREVENT * * THE UTILIZATION OF ANY GRANT FUNDS TO CONTRACT WITH THE PRIVATE * * SECTOR TO DESIGN, CONSTRUCT OR PROVIDE ANY SERVICES ASSOCIATED WITH * * ANY FACILITIES FUNDED HEREIN. * * (4) UTILIZATION OF COMPONENTS.-THE ATTORNEY GENERAL MAY UTILIZE * * ANY COMPONENT OR COMPONENTS OF THE DEPARTMENT OF JUSTICE IN CARRYING* * OUT THIS SECTION. * * (C) STATE AND MULTI-STATE COMPACT APPLICATIONS.- * * (1) IN GENERAL.-TO REQUEST A GRANT UNDER THIS SECTION, THE CHIEF * * EXECUTIVE OF A STATE OR THE COORDINATOR OF A MULTI-STATE COMPACT * * ASSOCIATION SHALL SUBMIT AN APPLICATION TO THE ATTORNEY GENERAL IN * * SUCH FORM AND CONTAINING SUCH INFORMATION AS THE ATTORNEY GENERAL * * MAY PRESCRIBE BY REGULATION OR GUIDELINES. THE CHIEF EXECUTIVE OF A * * STATE OR THE COORDINATOR OF A MULTI-STATE COMPACT ASSOCIATION MAY * * DESIGNATE PRIVATE SECTOR PARTICIPANTS FOR THE DESIGN, CONSTRUCTION * * OR PROVISION OF SERVICES ASSOCIATED WITH ANY FACILITIES FOR WHICH * * FUNDING IS REQUESTED. * * (2) CONTENT OF APPLICATION.-IN ACCORDANCE WITH THE REGULATIONS OR * * GUIDELINES ESTABLISHED BY THE ATTORNEY GENERAL, AN APPLICATION FOR A* * GRANT UNDER THIS SECTION SHALL- * * (A) INCLUDE A LONG-TERM STRATEGY AND DETAILED IMPLEMENTATION * * PLAN; * * (B) INCLUDE EVIDENCE OF THE EXISTENCE OF, AND DESCRIBE THE * * TERMS OF, A MULTI-STATE COMPACT FOR ANY MULTIPLE-STATE PLAN; * * (C) PROVIDE A DESCRIPTION OF ANY CONSTRUCTION ACTIVITIES, * * INCLUDING COST ESTIMATES, THAT WILL BE A PART OF ANY PLAN; * * (D) PROVIDE A DESCRIPTION OF THE CRITERIA FOR SELECTION OF * * PRISONERS FOR PARTICIPATING IN A BOOT CAMP PRISON PROGRAM OR * * ASSIGNMENT TO A REGIONAL PRISON OR ACTIVATED PRISON OR BOOT CAMP* * FACILITY THAT IS TO BE FUNDED; * * (E) PROVIDE ASSURANCES THAT THE BOOT CAMP PRISON PROGRAM, * * REGIONAL PRISON, OR ACTIVATED PRISON OR BOOT CAMP FACILITY THAT * * RECEIVES FUNDING WILL PROVIDE WORK PROGRAMS, EDUCATION, JOB * * TRAINING, AND APPROPRIATE DRUG TREATMENT FOR INMATES; * * (F) PROVIDE ASSURANCES THAT- * * (I) PRISONERS WHO PARTICIPATE IN A BOOT CAMP PRISON * * PROGRAM OR ARE ASSIGNED TO A REGIONAL PRISON OR ACTIVATED * * PRISON OR BOOT CAMP FACILITY THAT RECEIVES FUNDING WILL BE * * PROVIDED WITH AFTERCARE SERVICES; AND * * (II) A SUBSTANTIAL PROPORTION OF THE POPULATION OF ANY * * REGIONAL PRISON THAT RECEIVES FUNDS UNDER THIS SECTION WILL * * BE VIOLENT OFFENDERS WITH SERIOUS SUBSTANCE ABUSE PROBLEMS, * * AND PROVISION OF TREATMENT FOR SUCH OFFENDERS WILL BE A * * PRIORITY ELEMENT OF THE PRISON'S MISSION; * * (G) PROVIDE ASSURANCES THAT AFTERCARE SERVICES WILL INVOLVE * * THE COORDINATION OF THE BOOT CAMP PRISON PROGRAM, REGIONAL * * PRISON, OR ACTIVATED PRISON OR BOOT CAMP FACILITY, WITH OTHER * * HUMAN SERVICE AND REHABILITATION PROGRAMS (SUCH AS EDUCATIONAL * * AND JOB TRAINING PROGRAMS, DRUG COUNSELING OR TREATMENT, PAROLE * * OR OTHER POST-RELEASE SUPERVISION PROGRAMS, HALFWAY HOUSE * * PROGRAMS, JOB PLACEMENT PROGRAMS, AND PARTICIPATION IN SELF-HELP* * AND PEER GROUP PROGRAMS) THAT REDUCE THE LIKELIHOOD OF FURTHER * * CRIMINALITY BY PRISONERS WHO PARTICIPATE IN A BOOT CAMP PROGRAM * * OR ARE ASSIGNED TO A REGIONAL PRISON OR ACTIVATED PRISON OR BOOT* * CAMP FACILITY FOLLOWING RELEASE; * * (H) EXPLAIN THE APPLICANT'S INABILITY TO FUND THE PROGRAM * * ADEQUATELY WITHOUT FEDERAL ASSISTANCE; * * (I) IDENTIFY RELATED GOVERNMENTAL AND COMMUNITY INITIATIVES * * THAT COMPLEMENT OR WILL BE COORDINATED WITH THE PROPOSAL; * * (J) CERTIFY THAT THERE HAS BEEN APPROPRIATE COORDINATION WITH * * ALL AFFECTED AGENCIES; AND * * (K) SPECIFY PLANS FOR OBTAINING NECESSARY SUPPORT AND * * CONTINUING THE PROPOSED PROGRAM FOLLOWING THE CONCLUSION OF * * FEDERAL SUPPORT. * * (D) LIMITATIONS ON FUNDS.- * * (1) NONSUPPLANTING REQUIREMENT.-FUNDS MADE AVAILABLE UNDER THIS * * SECTION SHALL NOT BE USED TO SUPPLANT STATE FUNDS, BUT SHALL BE USED* * TO INCREASE THE AMOUNT OF FUNDS THAT WOULD, IN THE ABSENCE OF * * FEDERAL FUNDS, BE MADE AVAILABLE FROM STATE SOURCES. * * (2) ADMINISTRATIVE COSTS.-NO MORE THAN 5 PERCENT OF THE FUNDS * * AVAILABLE UNDER THIS SECTION MAY BE USED FOR ADMINISTRATIVE COSTS. * * (3) MATCHING FUNDS.-THE PORTION OF THE COSTS OF A PROGRAM PROVIDED* * BY A GRANT UNDER THIS SECTION MAY NOT EXCEED 75 PERCENT OF THE TOTAL* * COST OF THE PROGRAM AS DESCRIBED IN THE APPLICATION. * * (4) DURATION OF GRANTS.- * * (A) IN GENERAL.-A GRANT UNDER THIS SECTION MAY BE RENEWED FOR * * UP TO 3 YEARS BEYOND THE INITIAL YEAR OF FUNDING IF THE * * APPLICANT DEMONSTRATES SATISFACTORY PROGRESS TOWARD ACHIEVEMENT * * OF THE OBJECTIVES SET OUT IN AN APPROVED APPLICATION. * * (B) MULTIYEAR GRANTS.-A MULTIYEAR GRANT MAY BE MADE UNDER THIS* * SECTION SO LONG AS THE TOTAL DURATION OF THE GRANT, INCLUDING * * ANY RENEWALS, DOES NOT EXCEED 4 YEARS. * * (E) CONVERSION OF PROPERTY AND FACILITIES AT CLOSED OR REALIGNED * *MILITARY INSTALLATIONS INTO BOOT CAMP PRISONS AND REGIONAL PRISONS.- * * (1) DEFINITION.-IN THIS SUBSECTION, "BASE CLOSURE LAW" MEANS- * * (A) TITLE II OF THE DEFENSE AUTHORIZATION AMENDMENTS AND BASE * * CLOSURE AND REALIGNMENT ACT (10 U.S.C. 2687 NOTE); * * (B) THE DEFENSE BASE CLOSURE AND REALIGNMENT ACT OF 1990 (PART* * A OF TITLE XXIX OF PUBLIC LAW 101-510; 10 U.S.C. 2687 NOTE); * * (C) SECTION 2687 OF TITLE 10, UNITED STATES CODE; AND * * (D) ANY OTHER SIMILAR LAW. * * (2) REPORT.-NOT LATER THAN 6 MONTHS AFTER THE DATE OF ENACTMENT OF* * THIS ACT, THE ATTORNEY GENERAL SHALL PREPARE AND DISSEMINATE TO * * STATE AND LOCAL OFFICIALS A REPORT LISTING ANY REAL PROPERTY OR * * FACILITY LOCATED AT A MILITARY INSTALLATION TO BE CLOSED OR * * REALIGNED UNDER A BASE CLOSURE LAW THAT IS SUITABLE FOR USE AS A * * BOOT CAMP PRISON OR REGIONAL PRISON. THE ATTORNEY GENERAL SHALL * * PERIODICALLY UPDATE THIS REPORT FOR DISSEMINATION TO STATE AND LOCAL* * OFFICIALS. * * (3) APPLICABILITY.-THIS SUBSECTION SHALL APPLY WITH RESPECT TO * * PROPERTY OR FACILITIES LOCATED AT MILITARY INSTALLATIONS THE CLOSURE* * OR REALIGNMENT OF WHICH COMMENCES AFTER THE DATE OF ENACTMENT OF * * THIS ACT. * * (F) PERFORMANCE EVALUATION.- * * (1) EVALUATION COMPONENTS.- * * (A) IN GENERAL.-EACH BOOT CAMP PRISON, REGIONAL PRISON, AND * * ACTIVATED PRISON OR BOOT CAMP FACILITY PROGRAM FUNDED UNDER THIS* * SECTION SHALL CONTAIN AN EVALUATION COMPONENT DEVELOPED PURSUANT* * TO GUIDELINES ESTABLISHED BY THE ATTORNEY GENERAL. * * (B) OUTCOME MEASURES.-THE EVALUATIONS REQUIRED BY THIS * * PARAGRAPH SHALL INCLUDE OUTCOME MEASURES THAT CAN BE USED TO * * DETERMINE THE EFFECTIVENESS OF THE FUNDED PROGRAMS, INCLUDING * * THE EFFECTIVENESS OF SUCH PROGRAMS IN COMPARISON WITH OTHER * * CORRECTIONAL PROGRAMS OR DISPOSITIONS IN REDUCING THE INCIDENCE * * OF RECIDIVISM. * * (2) PERIODIC REVIEW AND REPORTS.- * * (A) REVIEW.-THE ATTORNEY GENERAL SHALL REVIEW THE PERFORMANCE * * OF EACH GRANT RECIPIENT UNDER THIS SECTION. * * (B) REPORTS.-THE ATTORNEY GENERAL MAY REQUIRE A GRANT * * RECIPIENT TO SUBMIT TO THE ATTORNEY GENERAL THE RESULTS OF THE * * EVALUATIONS REQUIRED UNDER PARAGRAPH (1) AND SUCH OTHER DATA AND* * INFORMATION AS THE ATTORNEY GENERAL DEEMS REASONABLY NECESSARY * * TO CARRY OUT THE ATTORNEY GENERAL'S RESPONSIBILITIES UNDER THIS * * SECTION. * * (3) REPORT TO CONGRESS.-THE ATTORNEY GENERAL SHALL SUBMIT AN * * ANNUAL REPORT TO CONGRESS DESCRIBING THE GRANTS AWARDED UNDER THIS * * SECTION AND PROVIDING AN ASSESSMENT OF THE OPERATIONS OF THE * * PROGRAMS RECEIVING GRANTS. * * (G) REVOCATION OR SUSPENSION OF FUNDING.-IF THE ATTORNEY GENERAL * *DETERMINES, AS A RESULT OF THE REVIEWS REQUIRED BY SUBSECTION (F), OR * *OTHERWISE, THAT A GRANT RECIPIENT UNDER THIS SECTION IS NOT IN * *SUBSTANTIAL COMPLIANCE WITH THE TERMS AND REQUIREMENTS OF AN APPROVED * *GRANT APPLICATION, THE ATTORNEY GENERAL MAY REVOKE OR SUSPEND FUNDING OF* *THE GRANT IN WHOLE OR IN PART. * * (H) ACCESS TO DOCUMENTS.-THE ATTORNEY GENERAL AND THE COMPTROLLER * *GENERAL SHALL HAVE ACCESS FOR THE PURPOSE OF AUDIT AND EXAMINATION TO- * * (1) THE PERTINENT BOOKS, DOCUMENTS, PAPERS, OR RECORDS OF A GRANT * * RECIPIENT UNDER THIS SECTION; AND * * (2) THE PERTINENT BOOKS, DOCUMENTS, PAPERS, OR RECORDS OF OTHER * * PERSONS AND ENTITIES THAT ARE INVOLVED IN PROGRAMS FOR WHICH * * ASSISTANCE IS PROVIDED UNDER THIS SECTION. * * (I) GENERAL REGULATORY AUTHORITY.-THE ATTORNEY GENERAL MAY ISSUE * *REGULATIONS AND GUIDELINES TO CARRY OUT THIS SECTION. * * (J) AUTHORIZATION OF APPROPRIATIONS.- * * (1) IN GENERAL.-There is authorized to be appropriated to carry * * out this section $3,000,000,000, to remain available until expended.* * (2) USE OF APPROPRIATED FUNDS.-No more than one-third of the * * amounts appropriated under paragraph (1) may be used to make grants * * for the construction, development, and operation of regional prisons* * under subsection (b)(1)(B). * *SEC. 1322. NATIONAL INSTITUTE OF JUSTICE STUDY. * * (a) FEASIBILITY STUDY.-THE NATIONAL INSTITUTE OF JUSTICE SHALL STUDY * *THE FEASIBILITY OF ESTABLISHING A CLEARINGHOUSE TO PROVIDE INFORMATION * *TO INTERESTED PERSONS TO FACILITATE THE TRANSFER OF PRISONERS IN STATE * *CORRECTIONAL INSTITUTIONS TO OTHER SUCH CORRECTIONAL INSTITUTIONS, * *PURSUANT TO THE INTERSTATE CORRECTIONS COMPACT OR OTHER APPLICABLE * *INTERSTATE COMPACT, FOR THE PURPOSE OF ALLOWING PRISONERS TO SERVE THEIR* *PRISON SENTENCES AT CORRECTIONAL INSTITUTIONS IN CLOSE PROXIMITY TO * *THEIR FAMILIES. * * (B) REPORT TO CONGRESS.-THE NATIONAL INSTITUTE OF JUSTICE SHALL, NOT * *LATER THAN 1 YEAR AFTER THE DATE OF THE ENACTMENT OF THIS ACT, SUBMIT TO* *THE COMMITTEES ON THE JUDICIARY OF THE HOUSE OF REPRESENTATIVES AND THE * *SENATE A REPORT CONTAINING THE RESULTS OF THE STUDY CONDUCTED UNDER * *SUBSECTION (A), TOGETHER WITH ANY RECOMMENDATIONS THE INSTITUTE MAY HAVE* *ON ESTABLISHING A CLEARINGHOUSE DESCRIBED IN SUCH SUBSECTION. * * (C) DEFINITION.-FOR PURPOSES OF THIS SECTION, THE TERM "STATE" * *INCLUDES THE DISTRICT OF COLUMBIA AND ANY TERRITORY OR POSSESSION OF THE* *UNITED STATES. * *SEC. 1323. STUDY AND ASSESSMENT OF ALCOHOL USE AND TREATMENT. * * The Director of the National Institute of Justice shall- * * (1) conduct a study to compare the recidivism rates of individuals* * under the influence of alcohol or alcohol in combination with other * * drugs at the time of their offense- * * (A) who participated in a residential treatment program while * * in the custody of the State; and * * (B) who did not participate in a residential treatment program* * while in the custody of the State; and * * (2) conduct a nationwide assessment regarding the use of alcohol * * and alcohol in combination with other drugs as a factor in violent, * * domestic, and general criminal activity. * *SEC. 1324. NOTIFICATION OF RELEASE OF PRISONERS. * * Section 4042 of title 18, United States Code, is amended- * * (1) by striking "The Bureau" and inserting "(a) IN GENERAL.-THE * * BUREAU"; * * (2) BY STRIKING "THIS SECTION" AND INSERTING "(C) APPLICATION OF * * SECTION.-This section"; * * (3) in paragraph (4) of subsection (a), as designated by paragraph* * (1) of this subsection- * * (A) by striking "Provide" and inserting "provide"; and * * (B) by striking the period at the end and inserting "; and"; * * (4) by inserting after paragraph (4) of subsection (a), as * * designated by paragraph (1) of this subsection, the following new * * paragraph: * * "(5) provide notice of release of prisoners in accordance with * * subsection (b)."; and * * (5) by inserting after subsection (a), as designated by paragraph * * (1) of this subsection, the following new subsection: * * "(b) NOTICE OF RELEASE OF PRISONERS.-(1) EXCEPT IN THE CASE OF A * *PRISONER BEING PROTECTED UNDER CHAPTER 224, THE BUREAU OF PRISONS SHALL,* *AT LEAST 5 DAYS PRIOR TO THE DATE ON WHICH A PRISONER DESCRIBED IN * *PARAGRAPH (3) IS TO BE RELEASED ON SUPERVISED RELEASE, OR, IN THE CASE * *OF A PRISONER ON SUPERVISED RELEASE, AT LEAST 5 DAYS PRIOR TO THE DATE * *ON WHICH THE PRISONER CHANGES RESIDENCE TO A NEW JURISDICTION, CAUSE * *WRITTEN NOTICE OF THE RELEASE OR CHANGE OF RESIDENCE TO BE MADE TO THE * *CHIEF LAW ENFORCEMENT OFFICER OF THE STATE AND OF THE LOCAL JURISDICTION* *IN WHICH THE PRISONER WILL RESIDE. * * "(2) A NOTICE UNDER PARAGRAPH (1) SHALL DISCLOSE- * * "(A) THE PRISONER'S NAME; * * "(B) THE PRISONER'S CRIMINAL HISTORY, INCLUDING A DESCRIPTION OF * * THE OFFENSE OF WHICH THE PRISONER WAS CONVICTED; AND * * "(C) ANY RESTRICTIONS ON CONDUCT OR OTHER CONDITIONS TO THE * * RELEASE OF THE PRISONER THAT ARE IMPOSED BY LAW, THE SENTENCING * * COURT, OR THE BUREAU OF PRISONS OR ANY OTHER FEDERAL AGENCY. * * "(3) A PRISONER IS DESCRIBED IN THIS PARAGRAPH IF THE PRISONER WAS * *CONVICTED OF- * * "(A) A DRUG TRAFFICKING CRIME, AS THAT TERM IS DEFINED IN SECTION * * 924(C)(2); OR * * "(B) A CRIME OF VIOLENCE, AS THAT TERM IS DEFINED IN SECTION * * 924(C)(3). * * "(4) THE NOTICE PROVIDED UNDER THIS SECTION SHALL BE USED SOLELY FOR * *LAW ENFORCEMENT PURPOSES.". * *SEC. 1325. APPLICATION TO PRISONERS TO WHICH PRIOR LAW APPLIES. * * In the case of a prisoner convicted of an offense committed prior to * *November 1, 1987, the reference to supervised release in section 4042(b)* *of title 18, United States Code, shall be deemed to be a reference to * *probation or parole. * *Subtitle C-Grants Under the Juvenile Justice and Delinquency Prevention * *Act of 1974 * *SEC. 1331. GRANTS FOR COMMUNITY-BASED VIOLENT-JUVENILE FACILITIES. * * (a) IN GENERAL.-THE ATTORNEY GENERAL, THROUGH THE BUREAU OF PRISONS, * *MAY MAKE GRANTS TO STATES AND UNITS OF GENERAL LOCAL GOVERNMENT OR * *COMBINATIONS THEREOF TO ASSIST THEM IN PLANNING, ESTABLISHING, AND * *OPERATING SECURE FACILITIES FOR VIOLENT AND CHRONIC JUVENILE OFFENDERS. * *THE MANDATE REQUIRED BY THE JUVENILE JUSTICE AND DELINQUENCY PREVENTION * *ACT SHALL NOT APPLY TO GRANTS UNDER THIS SUBTITLE. * * (B) AUTHORIZATION.-THERE ARE AUTHORIZED TO BE APPROPRIATED * *$100,000,000 FOR EACH OF FISCAL YEARS 1994, 1995, 1996, 1997, 1998. * *Subtitle D-Regional Prisons and State Prisons * *SEC. 1341. REGIONAL PRISONS FOR VIOLENT CRIMINALS AND VIOLENT CRIMINAL * *ALIENS. * * (a) DEFINITIONS.-IN THIS SECTION- * * "CHILD ABUSE OFFENSE" MEANS AN OFFENSE UNDER FEDERAL OR STATE LAW * * THAT CONSTITUTES SEXUAL EXPLOITATION OF CHILDREN OR SELLING OR * * BUYING OF CHILDREN WITHIN THE MEANING OF CHAPTER 110 OF TITLE 18, * * UNITED STATES CODE. * * "FIREARM OFFENSE" MEANS AN OFFENSE UNDER FEDERAL OR STATE LAW * * COMMITTED WHILE THE OFFENDER IS IN POSSESSION OF A FIREARM OR WHILE * * AN ACCOMPLICE OF THE OFFENDER, TO THE KNOWLEDGE OF THE OFFENDER, IS * * IN POSSESSION OF A FIREARM. * * "CRIME OF VIOLENCE" MEANS A FELONY OFFENSE UNDER FEDERAL OR STATE * * LAW THAT IS A CRIME OF VIOLENCE WITHIN THE MEANING OF SECTION 16 OF * * TITLE 18, UNITED STATES CODE. * * "QUALIFYING PRISONER" MEANS- * * (A) AN ALIEN WHO IS IN THIS COUNTRY ILLEGALLY OR UNLAWFULLY * * AND WHO HAS BEEN CONVICTED OF A CRIME OF VIOLENCE (AS DEFINED IN* * SECTION 924(C)(3) OF TITLE 18, UNITED STATES CODE) OR A SERIOUS * * DRUG OFFENSE (AS DEFINED IN SECTION 924(E)(2)(A) OF TITLE 18, * * UNITED STATES CODE); AND * * (B) A VIOLENT CRIMINAL. * * "SEX OFFENSE" MEANS AN OFFENSE UNDER FEDERAL OR STATE LAW THAT * * CONSTITUTES AGGRAVATED SEXUAL ABUSE, SEXUAL ABUSE, SEXUAL ABUSE OF A* * MINOR OR WARD, OR ABUSIVE SEXUAL CONTACT WITHIN THE MEANING OF * * CHAPTER 109A OF TITLE 18, UNITED STATES CODE. * * "VIOLENT CRIMINAL"- * * (A) MEANS A PERSON CONVICTED UNDER FEDERAL LAW OF AN OFFENSE * * DESCRIBED IN, UNDER THE CIRCUMSTANCES DESCRIBED IN, THE * * PROVISIONS OF SECTION 924 (C) OR (E) OF TITLE 18 OR SECTION * * 994(H) OF TITLE 28, UNITED STATES CODE, OR UNDER STATE LAW FOR * * THE SAME OR A SIMILAR OFFENSE; AND * * (B) INSOFAR AS ANY OF THE CIRCUMSTANCES DESCRIBED IN AN * * OFFENSE DESCRIBED IN SUBPARAGRAPH (A) IS THE PRIOR CONVICTION OF* * AN OFFENSE, INCLUDES A PERSON WHO HAD BEEN ADJUDICATED AS A * * JUVENILE DELINQUENT BY REASON OF THE COMMISSION OF AN ACT THAT, * * IF COMMITTED BY AN ADULT, WOULD CONSTITUTE SUCH AN OFFENSE. * * (B) CONSTRUCTION OF PRISONS.-(1) IN GENERAL.-THE ATTORNEY GENERAL * *SHALL, AFTER CONSULTATION WITH STATE CORRECTIONAL ADMINISTRATORS, * *CONSTRUCT AND OPERATE A MINIMUM OF 10 REGIONAL PRISONS, SITUATED * *THROUGHOUT THE UNITED STATES, EACH CONTAINING SPACE FOR AT LEAST 2,500 * *INMATES. THE ATTORNEY GENERAL MAY CONTRACT WITH THE PRIVATE SECTOR TO * *DESIGN, CONSTRUCT OR PROVIDE ANY SERVICES ASSOCIATED WITH THE REGIONAL * *PRISONS. AT LEAST 75 PERCENT OF THE OVERALL CAPACITY OF SUCH PRISONS IN * *THE AGGREGATE SHALL BE DEDICATED TO QUALIFYING PRISONERS FROM QUALIFYING* *STATES. IN MAKING A DETERMINATION AS TO THE LOCATION OF REGIONAL * *PRISONS, THE ATTORNEY GENERAL SHALL GIVE APPROPRIATE CONSIDERATION TO * *THE FEASIBILITY OF CONVERTING FEDERAL CORRECTIONAL COMPLEXES CURRENTLY * *IN THE PLANNING OR CONSTRUCTION PHASE. * * (2) CONSIDERATION OF COST-EFFECTIVE ALTERNATIVES AND STATE AND * * LOCAL RE-USE PLANS.-(A) In determining where to locate any of the * * regional prisons authorized in paragraph (1), and in accordance with* * the Department of Justice's duty to review and identify a use for * * any portion of an installation closed pursuant to title II of the * * Defense Authorization Amendments and Base Closure and Realignment * * Act (Public Law 100-526) and the Defense Base Closure and * * Realignment Act of 1990 (part A of title XXIX of Public Law 101-510)* * the Attorney General shall consider- * * (i) whether using any portion of a closed military * * installation in the region or military installation scheduled to* * be closed in the region provides a cost-effective alternative to* * the purchase of real property or construction of new prison * * facilities; * * (ii) whether such use is consistent with a reutilization and * * redevelopment plan. Consent must be obtained from the local * * re-use authority for the military installation, recognized and * * funded by the Secretary of Defense, before the Attorney General * * may proceed with plans for the design or construction of a * * prison authorized in paragraph 1; and * * (iii) giving priority consideration to any installation * * located in a rural area whose closure under this title will have* * a substantial adverse impact on the economy of the communities * * for the economic recovery of such communities from such closure.* * (B) Before proceeding with plans for the design or construction of* * a prison authorized in paragraph (1), the Attorney General shall * * submit to Congress a report explaining the basis of the decision on * * where to locate the new prison facility. * * (C) If the Attorney General decides not to utilize any portion of * * a closed military installation or an installation scheduled to be * * closed for locating a regional prison, the report shall include an * * analysis of why installations in the region, the use of which as a * * prison would be consistent with a reutilization and redevelopment * * plan, do not provide a cost-effective alternative to the purchase of* * real property or construction of new facilities. * * (D) The Attorney General shall obtain all information necessary to* * determine whether any portion of a closed military installation in * * the region or military installation scheduled to be closed in the * * region is a cost-effective alternative to the purchase of real * * property or construction of new prison facilities. * * (c) ACCEPTANCE OF PRISONERS.-ANY QUALIFYING STATE MAY APPLY TO THE * *ATTORNEY GENERAL TO ACCEPT ANY QUALIFYING PRISONER. IF, IN THE ATTORNEY * *GENERAL'S JUDGMENT THERE ARE LIKELY TO BE MORE QUALIFYING PRISONERS THAN* *THERE IS SPACE AVAILABLE, THEN TO THE EXTENT THAT THE ATTORNEY GENERAL * *DEEMS IT PRACTICABLE, THE ATTORNEY GENERAL SHOULD SEEK TO ALLOCATE SPACE* *AMONG QUALIFYING STATES IN A PROPORTION SIMILAR TO THE NUMBER OF * *QUALIFYING PRISONERS HELD BY THAT STATE IN RELATION TO THE TOTAL NUMBER * *OF QUALIFYING PRISONERS FROM QUALIFYING STATES. * * (D) QUALIFYING STATE.- * * (1) IN GENERAL.-THE ATTORNEY GENERAL SHALL NOT CERTIFY A STATE AS * * A QUALIFYING STATE UNDER THIS SECTION UNLESS THE STATE IS PROVIDING-* * (A) TRUTH IN SENTENCING WITH RESPECT TO ANY FELONY CRIME OF * * VIOLENCE INVOLVING THE USE OR ATTEMPTED USE OF FORCE AGAINST A * * PERSON, OR USE OF A FIREARM AGAINST A PERSON FOR WHICH A MAXIMUM* * SENTENCE OF 5 YEARS OR MORE IS AUTHORIZED THAT IS CONSISTENT * * WITH THAT PROVIDED IN THE FEDERAL SYSTEM IN CHAPTER 229 OF TITLE* * 18, UNITED STATES CODE, WHICH PROVIDES THAT DEFENDANTS WILL * * SERVE AT LEAST 85 PERCENT OF THE SENTENCE ORDERED AND WHICH * * PROVIDES FOR A BINDING SENTENCING GUIDELINE SYSTEM IN WHICH * * SENTENCING JUDGES' DISCRETION IS LIMITED TO ENSURE GREATER * * UNIFORMITY IN SENTENCING; * * (B) PRETRIAL DETENTION SIMILAR TO THAT PROVIDED IN THE FEDERAL* * SYSTEM UNDER SECTION 3142 OF TITLE 18, UNITED STATES CODE; * * (C) SENTENCES FOR FIREARM OFFENDERS WHERE DEATH OR SERIOUS * * BODILY INJURY RESULTS, MURDERERS, SEX OFFENDERS, AND CHILD ABUSE* * OFFENDERS THAT, AFTER APPLICATION OF RELEVANT SENTENCING * * GUIDELINES, RESULT IN THE IMPOSITION OF SENTENCES THAT ARE AT * * LEAST AS LONG AS THOSE IMPOSED UNDER FEDERAL LAW (AFTER * * APPLICATION OF RELEVANT SENTENCING GUIDELINES); AND * * (D) SUITABLE RECOGNITION FOR THE RIGHTS OF VICTIMS, INCLUDING * * CONSIDERATION OF THE VICTIM'S PERSPECTIVE AT ALL APPROPRIATE * * STAGES OF CRIMINAL PROCEEDINGS. * * (2) DISQUALIFICATION.-THE ATTORNEY GENERAL SHALL WITHDRAW A * * STATE'S STATUS AS A QUALIFYING STATE IF THE ATTORNEY GENERAL FINDS * * THAT THE STATE NO LONGER APPROPRIATELY PROVIDES FOR THE MATTERS * * DESCRIBED IN PARAGRAPH (1) OR HAS CEASED MAKING SUBSTANTIAL PROGRESS* * TOWARD ATTAINING THEM, IN WHICH EVENT THE STATE SHALL NO LONGER BE * * ENTITLED TO THE BENEFITS OF THIS SECTION, EXCEPT TO THE EXTENT THE * * ATTORNEY GENERAL OTHERWISE DIRECTS. * * (3) WAIVER.-THE ATTORNEY GENERAL MAY WAIVE, FOR NO MORE THAN ONE * * YEAR, ANY OF THE REQUIREMENTS OF THIS SUBSECTION WITH RESPECT TO A * * PARTICULAR STATE IF THE ATTORNEY GENERAL CERTIFIES THAT, IN THE * * ATTORNEY GENERAL'S JUDGMENT, THERE ARE COMPELLING LAW ENFORCEMENT * * REASONS FOR DOING SO. ANY STATE GRANTED ANY SUCH WAIVER SHALL BE * * TREATED AS A QUALIFYING STATE FOR ALL PURPOSES OF THIS SUBTITLE, * * UNLESS THE ATTORNEY GENERAL OTHERWISE DIRECTS. * * (E) AUTHORIZATION OF APPROPRIATIONS.-THERE ARE AUTHORIZED TO BE * *APPROPRIATED TO CARRY OUT THIS SECTION- * * (1) $600,000,000 FOR FISCAL YEAR 1994; * * (2) $600,000,000 FOR FISCAL YEAR 1995; * * (3) $600,000,000 FOR FISCAL YEAR 1996; * * (4) $600,000,000 FOR FISCAL YEAR 1997; AND * * (5) $600,000,000 FOR FISCAL YEAR 1998. *