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Title II — Law enforcement and treatment

S. 2839 · 113th Congress · Sep 17, 2014 · Lineage

II Law enforcement and treatment

Sec. 201 Treatment alternative to incarceration programs

(a)
Definitions— In this section—
(1)
the term eligible entity means a State, unit of local government, Indian tribe, or nonprofit organization; and
(2)
the term eligible participant means an individual who—
(A)
comes into contact with the criminal justice system or is charged with an offense;
(B)
has a history of or a current—
(i)
substance use disorder;
(ii)
mental illness; or
(iii)
co-occurring mental illness and substance use disorders; and
(C)
has been unanimously approved for participation in a program funded under this section by, as applicable depending on the stage of the criminal justice process, the relevant prosecuting attorney, defense attorney, probation or corrections official, judge, or representative from the relevant mental health or substance abuse agency.
(b)
Program authorized— The Attorney General may make grants to eligible entities to develop, implement, or expand a treatment alternative to incarceration program for eligible participants, including—
(1)
pre-booking treatment alternative to incarceration programs, including—
(A)
law enforcement training on substance use disorders, mental illness, and co-occurring mental illness and substance use disorders;
(B)
receiving centers as alternatives to incarceration of eligible participants;
(C)
specialized response units for calls related to substance use disorders, mental illness, and co-occurring mental illness and substance use disorders; and
(D)
other arrest and pre-booking treatment alternative to incarceration models; and
(2)
post-booking treatment alternative to incarceration programs, including—
(A)
specialized clinical case management;
(B)
pre-trial services related to substances use disorders, mental illness, and co-occurring mental illness and substance use disorders;
(C)
prosecutor and defender based programs;
(D)
specialized probation;
(E)
treatment and rehabilitation programs; and
(F)
drug courts, DWI courts, and veterans treatment courts.
(c)
Application—
(1)
In general— An eligible entity desiring a grant under this section shall submit an application to the Attorney General—
(A)
that meets the criteria under paragraph (2); and
(B)
at such time, in such manner, and accompanied by such information as the Attorney General may require.
(2)
Criteria— An eligible entity, in submitting an application under paragraph (1), shall—
(A)
provide extensive evidence of collaboration with State and local government agencies overseeing health, community corrections, courts, prosecution, substance abuse, mental health, victims services, and employment services, and with local law enforcement agencies;
(B)
demonstrate consultation with the Single State Authority for Substance Abuse;
(C)
demonstrate that evidence-based treatment practices will be utilized; and
(D)
demonstrate that evidenced-based screening and assessment tools will be utilized to place participants in the treatment alternative to incarceration program.
(d)
Requirements— Each eligible entity awarded a grant for a treatment alternative to incarceration program under this section shall—
(1)
determine the terms and conditions of participation in the program by eligible participants, taking into consideration the collateral consequences of criminal conviction;
(2)
ensure that each substance abuse and mental health treatment component is licensed and qualified by the relevant jurisdiction;
(3)
for programs described in subsection (b)(2), organize an enforcement unit comprised of appropriately trained law enforcement professionals under the supervision of the State, Tribal, or local criminal justice agency involved, the duties of which shall include—
(A)
the verification of addresses and other contacts of each eligible participant who participates or desires to participate in the program; and
(B)
if necessary, the location, apprehension, arrest, and return to court of an eligible participant in the program who has absconded from the facility of a treatment provider or has otherwise violated the terms and conditions of the program, consistent with Federal and State confidentiality requirements;
(4)
notify the relevant criminal justice entity if any eligible participant in the program absconds from the facility of the treatment provider or otherwise violates the terms and conditions of the program, consistent with Federal and State confidentiality requirements;
(5)
submit periodic reports on the progress of treatment of each eligible offender participating in the program to the relevant State, Tribal, or local criminal justice agency;
(6)
describe the evidence-based methodology and outcome measurements that will be used to evaluate the program, and specifically explain how such measurements will provide valid measures of the impact of the program; and
(7)
describe how the program could be broadly replicated if demonstrated to be effective.
(e)
Use of funds— An eligible entity shall use a grant received under this section for expenses of a treatment alternative to incarceration program, including—
(1)
salaries, personnel costs, equipment costs, and other costs directly related to the operation of the program, including the enforcement unit;
(2)
payments for treatment providers that are approved by the relevant State or Tribal jurisdiction and licensed, if necessary, to provide needed treatment to eligible offenders participating in the program, including aftercare supervision, vocational training, education, and job placement; and
(3)
payments to public and nonprofit private entities that are approved by the State or Tribal jurisdiction and licensed, if necessary, to provide alcohol and drug addiction treatment to eligible offenders participating in the program.
(f)
Supplement not supplant— An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds.
(g)
Geographic distribution— The Attorney General shall ensure that, to the extent practicable, the geographical distribution of grants under this section is equitable and includes a grant to an eligible entity in—
(1)
each State;
(2)
rural, suburban, and urban areas; and
(3)
Tribal jurisdictions.
(h)
Reports and evaluations— Each fiscal year, each recipient of a grant under this section during that fiscal year shall submit to the Attorney General a report on the outcomes of activities carried out using that grant in such form, containing such information, and on such dates as the Attorney General shall specify.
(i)
Authorization of appropriations— There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020.

Sec. 202 Law enforcement naloxone training and implementation pilot

(a)
Definition— In this section, the term eligible entity means a State, local, or tribal law enforcement agency.
(b)
Program authorized— The Attorney General, in coordination with the Secretary of Health and Human Services and the Director of the Office of National Drug Control Policy, may make grants to eligible entities to create a pilot law enforcement program to prevent opioid and heroin overdose death.
(c)
Application—
(1)
In general— An eligible entity desiring a grant under this section shall submit an application to the Attorney General—
(A)
that meets the criteria under paragraph (2); and
(B)
at such time, in such manner, and accompanied by such information as the Attorney General may require.
(2)
Criteria— An eligible entity, in submitting an application under paragraph (1), shall—
(A)
describe the evidence-based methodology and outcome measurements that will be used to evaluate the program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program;
(B)
describe how the program could be broadly replicated if demonstrated to be effective;
(C)
identify the governmental and community agencies that the program will coordinate; and
(D)
describe how law enforcement agencies will coordinate with their corresponding State substance abuse agency to identify protocols and resources that are available to victims and families, including information on treatment and recovery resources.
(d)
Use of funds— An eligible entity shall use a grant received under this section to—
(1)
make naloxone available to be carried and administered by law enforcement officers;
(2)
train and provide resources for law enforcement officers on carrying and administering naloxone for the prevention of opioid and heroin overdose death; and
(3)
establish processes, protocols, and mechanisms for referral to treatment.
(e)
Grant amounts and duration—
(1)
Maximum amount— The Attorney General may not award a grant under this section in an amount that exceeds $500,000.
(2)
Duration— The Attorney General shall award grants under this section for a period not to exceed 2 years.
(f)
Technical assistance grants— The Attorney General shall make a grant for the purpose of providing technical assistance and training on the use of naloxone to reverse overdose deaths and mechanisms for referral to treatment for an eligible entity receiving a grant under this section.
(g)
Evaluation— The Attorney General shall conduct an evaluation of grants made under this section to determine—
(1)
the number of officers equipped with naloxone for the prevention of fatal opioid and heroin overdose;
(2)
the number of opioid and heroin overdoses reversed by officers receiving training and supplies of naloxone through a grant received under this section;
(3)
the number of calls for service related to opioid and heroin overdose;
(4)
the extent to which overdose victims and families receive information about treatment services and available data describing treatment admissions; and
(5)
the research, training, and naloxone supply needs of law enforcement and first responder agencies, including those agencies that are not receiving grants under this section.
(h)
Authorization of appropriations— There are authorized to be appropriated to carry out this section $5,000,000 for each of fiscal years 2016 through 2020.

Sec. 203 Prescription drug take back expansion

(a)
Definition— In this section, the term eligible entity means a State, local, or tribal law enforcement agency.
(b)
Program authorized— The Attorney General, in coordination with the Administrator of the Drug Enforcement Administration, the Secretary of Health and Human Services, and the Director of the Office of National Drug Control Policy, may make grants to eligible entities to expand or make available disposal sites for unwanted prescription medications.
(c)
Application—
(1)
In general— An eligible entity desiring a grant under this section shall submit an application to the Attorney General—
(A)
that meets the criteria under paragraph (2); and
(B)
at such time, in such manner, and accompanied by such information as the Attorney General may require.
(2)
Criteria— An eligible entity, in submitting an application under paragraph (1), shall—
(A)
describe the evidence-based methodology and outcome measurements that will be used to evaluate the program funded with a grant under this section, and specifically explain how such measurements will provide valid measures of the impact of the program;
(B)
describe how the program could be broadly replicated if demonstrated to be effective; and
(C)
identify the governmental and community agencies that the project will be coordinate.
(d)
Use of funds— An eligible entity shall use a grant received under this section for—
(1)
expenses of a prescription drug disposal site, including materials and resources;
(2)
implementing disposal procedures and processes;
(3)
implementing community education strategies, including community education materials and resources;
(4)
replicating a prescription drug take back initiative throughout multiple jurisdictions; and
(5)
training of law enforcement officers and other community participants.
(e)
Grant amounts and duration—
(1)
Maximum amount— The Attorney General may not award a grant under this section in an amount that exceeds $250,000.
(2)
Duration— The Attorney General shall award grants under this section for a period not to exceed 2 years.
(f)
Technical assistance grant— The Attorney General shall make a grant to a national nonprofit organization to provide technical assistance and training for an eligible entity receiving a grant under this section.
(g)
Evaluation—
(1)
In general— The Attorney General shall make a grant for evaluation of the performance of each eligible entity receiving a grant under this section.
(2)
Reports— Each fiscal year, the recipient of a grant under this subsection shall submit to the Attorney General a report on the effectiveness of the prescription drug take back program of each eligible entity receiving a grant under this section.
(h)
Authorization of appropriations— There are authorized to be appropriated to carry out this section $2,500,000 for each of fiscal years 2016 through 2020.