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Title IV — Criminal justice

S. 5000 · 116th Congress · Dec 10, 2020 · Lineage

IV Criminal justice

Sec. 401 Medication-assisted Treatment Corrections and Community Reentry Program

(a)
Definitions— In this section—
(1)
the term Attorney General means the Attorney General, acting through the Director of the National Institute of Corrections;
(2)
the term certified recovery coach means an individual—
(A)
with knowledge of, or experience with, recovery from a substance use disorder; and
(B)
who—
(i)
has completed training through, and is determined to be in good standing by—
(I)
a single State agency; or
(II)
a recovery community organization that is capable of conducting that training and making that determination; and
(ii)
meets the criteria specified by the Attorney General, in consultation with the Secretary of Health and Human Services, for qualifying as a certified recovery coach for the purposes of this Act;
(3)
the term correctional facility has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251);
(4)
the term covered grant or cooperative agreement means a grant received, or cooperative agreement entered into, under the Program;
(5)
the term covered program means a program—
(A)
to provide medication-assisted treatment to individuals who have opioid use disorder and are incarcerated within the jurisdiction of the State or unit of local government carrying out the program; and
(B)
that is developed, implemented, or expanded through a covered grant or cooperative agreement;
(6)
the term medication-assisted treatment means the use of any drug or combination of drugs that have been approved under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or section 351 of the Public Health Service Act (42 U.S.C. 262) for the treatment of an opioid use disorder, in combination with evidence-based counseling and behavioral therapies, such as psychosocial counseling, overseen by 1 or more social work professionals and 1 or more qualified clinicians, to provide a comprehensive approach to the treatment of substance use disorders;
(7)
the term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code;
(8)
the term Panel means the Medication-assisted Treatment Corrections and Community Reentry Application Review Panel established under subsection (f)(2);
(9)
the term participant means an individual who participates in a covered program;
(10)
the term political appointee has the meaning given the term in section 714(h) of title 38, United States Code;
(11)
the term Program means the Medication-assisted Treatment Corrections and Community Reentry Program established under subsection (b);
(12)
the term psychosocial means the interrelation of social factors and individual thought and behavior;
(13)
the term recovery community organization has the meaning given the term in section 547 of the Public Health Service Act (42 U.S.C. 290ee–2);
(14)
the term single State agency means, with respect to a State or unit of local government, the single State agency identified by the State, or the State in which the unit of local government is located, in the plan submitted by that State under section 1932(b)(1)(A)(i) of the Public Health Service Act (42 U.S.C. 300x–32(b)(1)(A)(i));
(15)
the term State means—
(A)
each State of the United States;
(B)
the District of Columbia; and
(C)
each commonwealth, territory, or possession of the United States; and
(16)
the term unit of local government has the meaning given the term in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251), except that such term also includes a tribal organization, as defined in section 4 of the Indian Self-Determination and Education Assistance Act (25 U.S.C. 5304).
(b)
Authorization— Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Secretary of Health and Human Services, shall establish a program—
(1)
that shall be known as the “Medication-assisted Treatment Corrections and Community Reentry Program”; and
(2)
under which the Attorney General—
(A)
may make grants to, and enter into cooperative agreements with, States or units of local government to develop, implement, or expand 1 or more programs to provide medication-assisted treatment that meets the standard of care generally accepted for the treatment of opioid use disorder to individuals who have opioid use disorder and are incarcerated within the jurisdictions of the States or units of local government; and
(B)
shall establish a working relationship with 1 or more knowledgeable corrections organizations with expertise in security, medical health, mental health, and substance use disorder care to oversee and support implementation of the program, including through the use of evidence-based clinical practices.
(c)
Use of funds for infrastructure— In developing, implementing, or expanding a medication-assisted treatment program under subsection (b)(2)(A), a State or unit of local government may use funds from a grant or cooperative agreement under that subsection to develop the infrastructure necessary to provide the medication-assisted treatment, such as—
(1)
establishing safe storage facilities for the drugs used in the treatment; and
(2)
obtaining appropriate licenses for the individuals who will administer the treatment.
(d)
Purposes— The purposes of the Program are to—
(1)
develop culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) medication-assisted treatment programs in consultation with nonprofit organizations and community organizations that are qualified to provide technical support for the programs;
(2)
reduce the risk of overdose to participants after the participants are released from incarceration; and
(3)
reduce the rate of reincarceration.
(e)
Program requirements— In carrying out a covered program, a State or unit of local government—
(1)
shall ensure that each individual who is newly incarcerated at a correctional facility at which the covered program is carried out, and who was receiving medication-assisted treatment before being incarcerated, continues to receive medication-assisted treatment while incarcerated;
(2)
in providing medication-assisted treatment under the covered program, shall offer to participants each type of drug that has been approved under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or section 351 of the Public Health Service Act (42 U.S.C. 262) for the treatment of an opioid use disorder; and
(3)
shall use—
(A)
screening tools with psychometric reliability and validity that provide useful clinical data to guide the long-term treatment of participants who have—
(i)
opioid use disorder; or
(ii)
co-occurring opioid use disorder and mental disorders;
(B)
at each correctional facility at which the covered program is carried out, a sufficient number of personnel, as determined by the Attorney General in light of the number of individuals incarcerated at the correctional facility and the number of those individuals whom the correctional facility has screened and identified as having opioid use disorder, to—
(i)
monitor participants with active opioid use disorder who begin participation in the covered program while demonstrating, or develop, signs and symptoms of opioid withdrawal;
(ii)
provide evidence-based medically managed withdrawal care or assistance to the participants described in clause (i);
(iii)
prescribe or otherwise dispense—
(I)
the drugs that are offered under the covered program, as required under paragraph (1); and
(II)
naloxone or any other emergency opioid antagonist approved by the Commissioner of Food and Drugs to treat opioid overdose;
(iv)
discuss with participants the risks and benefits of, and differences among, the opioid antagonist, opioid agonist, and partial agonist drugs used to treat opioid use disorder; and
(v)
prepare a plan for release, including connecting participants with mental health and substance use treatment programs, medical care, public benefits, and housing; and
(C)
a certified recovery coach, social work professional, or other qualified clinician who, in order to support the sustained recovery of participants, shall work with participants who are recovering from opioid use disorder.
(f)
Application—
(1)
In general— A State or unit of local government desiring a covered grant or cooperative agreement shall submit to the Attorney General an application that—
(A)
shall include—
(i)
a description of—
(I)
the objectives of the medication-assisted treatment program that the applicant will develop, implement, or expand under the covered grant or cooperative agreement;
(II)
the activities that the applicant will carry out under the covered program;
(III)
how the activities described under subclause (II) will achieve the objectives described in subclause (I);
(IV)
the outreach and education component of the covered program that the applicant will carry out in order to encourage maximum participation in the covered program; and
(V)
how the applicant will develop connections to culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) substance use and mental health treatment providers, medical professionals, nonprofit organizations, and other State agencies in order to plan for participants to receive a continuum of care and appropriate wrap-around services after release from incarceration;
(ii)
if, under the covered program that the applicant will carry out, the applicant will not, in providing medication-assisted treatment, offer to participants not less than 1 drug that uses an opioid antagonist, not less than 1 drug that uses an opioid agonist, and not less than 1 drug that uses an opioid partial agonist, an explanation of why the applicant is unable to or chooses not to offer a drug that uses an opioid antagonist, a drug that uses an opioid agonist, or a drug that uses an opioid partial agonist, as applicable;
(iii)
a plan for—
(I)
measuring progress in achieving the objectives described in clause (i)(I), including a strategy to collect data that can be used to measure that progress;
(II)
collaborating with the single State agency for the applicant or 1 or more nonprofit organizations in the community of the applicant to help ensure that—
(aa)
if participants so desire, participants have continuity of care after release from incarceration with respect to the form of medication-assisted treatment the participants received during incarceration, including—
(AA)
by working with community service providers to assist eligible participants, before release from incarceration in registering for the Medicaid program under title XIX of the Social Security Act (42 U.S.C. 1396 et seq.) or other minimum essential coverage, as defined in section 5000A(f) of the Internal Revenue Code of 1986; and
(BB)
if a participant cannot afford, or does not qualify for, health insurance that provides coverage with respect to enrollment in a medication-assisted treatment program, and if the participant cannot pay the cost of enrolling in a medication-assisted treatment program, by working with units of local government, nonprofit organizations, opioid use disorder treatment providers, and entities carrying out programs under substance use disorder grants to, before the participant is released from incarceration, identify a resource, other than the applicant or the covered program to be carried out by the applicant, that may be used to pay the cost of enrolling the participant in a medication-assisted treatment program;
(bb)
medications are securely stored; and
(cc)
protocols relating to diversion are maintained; and
(III)
with respect to each community in which a correctional facility at which a covered program will be carried out is located, collaborating with State agencies responsible for overseeing programs relating to substance use disorder and local public health officials and nonprofit organizations in the community to help ensure that medication-assisted treatment provided at each correctional facility at which the covered program will be carried out is also available at locations that are not correctional facilities in those communities, to the greatest extent practicable; and
(iv)
a certification that—
(I)
each correctional facility at which the covered program will be carried out has access to a sufficient number of clinicians who are licensed to prescribe or otherwise dispense to participants the drugs for the treatment of opioid use disorder required to be offered under subsection (e)(1), which may include clinicians who use telemedicine, in accordance with regulations issued by the Administrator of the Drug Enforcement Administration, to provide services under the covered program; and
(II)
the covered program will provide culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) evidence-based counseling and behavioral therapies, which may include counseling and therapy administered through the use of telemedicine, as appropriate, to participants as part of the medication-assisted treatment provided under the covered program; and
(B)
may include a statement indicating the number of participants that the applicant expects to serve through the covered program.
(2)
Medication-Assisted Treatment Corrections and Community Reentry Application Review Panel—
(A)
In general— Not later than 60 days after the date of enactment of this Act, the Attorney General shall establish a Medication-assisted Treatment Corrections and Community Reentry Application Review Panel that shall—
(i)
be composed of not fewer than 10 individuals and not more than 15 individuals; and
(ii)
include—
(I)
1 or more employees, who are not political appointees, of—
(aa)
the Department of Justice;
(bb)
the Drug Enforcement Administration;
(cc)
the Substance Abuse and Mental Health Service Administration;
(dd)
the National Center for Injury Prevention and Control at the Centers for Disease Control and Prevention; and
(ee)
the Office of National Drug Control Policy; and
(II)
other stakeholders who—
(aa)
have expert knowledge relating to the opioid epidemic, drug treatment, health equity, culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) care, or community substance use disorder services; and
(bb)
represent law enforcement organizations and public health entities.
(B)
Duties—
(i)
In general— The Panel shall—
(I)
review and evaluate applications for covered grants and cooperative agreements; and
(II)
make recommendations to the Attorney General relating to the awarding of covered grants and cooperative agreements.
(ii)
Rural communities— In reviewing and evaluating applications under clause (i), the Panel shall take into consideration the unique circumstances, including the lack of resources relating to the treatment of opioid use disorder, faced by rural States and units of local government.
(C)
Termination— The Panel shall terminate on the last day of fiscal year 2023.
(3)
Publication of criteria in Federal Register— Not later than 90 days after the date of enactment of this Act, the Attorney General, in consultation with the Panel, shall publish in the Federal Register—
(A)
the process through which applications submitted under paragraph (1) shall be submitted and evaluated; and
(B)
the criteria used in awarding covered grants and cooperative agreements.
(g)
Duration— A covered grant or cooperative agreement shall be for a period of not more than 4 years, except that the Attorney General may extend the term of a covered grant or cooperative agreement based on outcome data or extenuating circumstances relating to the covered program carried out under the covered grant or cooperative agreement.
(h)
Report—
(1)
In general— Not later than 2 years after the date on which a State or unit of local government is awarded a covered grant or cooperative agreement, and each year thereafter until the date that is 1 year after the date on which the period of the covered grant or cooperative agreement ends, the State or unit of local government shall submit a report to the Attorney General that includes information relating to the covered program carried out by the State or unit of local government, including information relating to—
(A)
the goals of the covered program;
(B)
any evidence-based interventions carried out under the covered program;
(C)
outcomes of the covered program, which shall—
(i)
be reported in a manner that distinguishes the outcomes based on the categories of, with respect to the participants in the covered program—
(I)
the race of the participants; and
(II)
the gender of the participants; and
(ii)
include information relating to the rate of reincarceration among participants in the covered program, if available; and
(D)
expenditures under the covered program.
(2)
Publication—
(A)
Awardee— A State or unit of local government that submits a report under paragraph (1) shall make the report publicly available on—
(i)
the website of each correctional facility at which the State or unit of local government carried out the covered grant program; and
(ii)
if a correctional facility at which the State or unit of local government carried out the covered grant program does not operate a website, the website of the State or unit of local government.
(B)
Attorney General— The Attorney General shall make each report received under paragraph (1) publicly available on the website of the National Institute of Corrections.
(3)
Submission to Congress— Not later than 2 years after the date on which the Attorney General awards the first covered grant or cooperative agreement, and each year thereafter, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a summary and compilation of the reports that the Attorney General has received under paragraph (1) during the year preceding the date on which the Attorney General submits the summary and compilation.
(i)
Authorization of appropriations— There are authorized to be appropriated $50,000,000 to carry out this section for each of fiscal years 2021 through 2026.

Sec. 402 Deflection and pre-arrest diversion

(a)
Findings— Congress finds the following:
(1)
Law enforcement officers and other first responders are at the front line of the opioid epidemic. However, a traditional law enforcement response to substance use often fails to disrupt the cycle of addiction and arrest, or reduce the risk of overdose.
(2)
Law enforcement-assisted diversion and deflection programs have the potential to improve public health, decrease the number of people entering the criminal justice system for low-level offenses, and address racial disparities.
(3)
According to the Bureau of Justice Assistance of the Department of Justice, “Five pathways have been most commonly associated with opioid overdose prevention and diversion to treatment.” The 5 pathways are—
(A)
“self-referral”, in which—
(i)
an individual voluntarily initiates contact with a first responder, such as a law enforcement officer, firefighter, or emergency medical services professional, for a treatment referral (without fear of arrest); and
(ii)
the first responder personally introduces the individual to a treatment provider (commonly known as a “warm handoff”);
(B)
“active outreach”, in which a law enforcement officer or other first responder—
(i)
identifies or seeks out individuals in need of substance use disorder treatment; and
(ii)
makes a warm handoff of such an individual to a treatment provider, who engages the individual in treatment;
(C)
“naloxone plus”, in which a law enforcement officer or other first responder engages an individual in treatment as part of an overdose response;
(D)
“officer prevention referral”, in which a law enforcement officer or other first responder initiates treatment engagement with an individual, but no criminal charges are filed against the individual; and
(E)
“officer intervention referral”, in which—
(i)
a law enforcement officer or other first responder initiates treatment engagement with an individual; and
(ii)
(I)
criminal charges are filed against the individual and held in abeyance; or
(II)
a citation is issued to the individual.
(4)
As of the date of enactment of this Act, there are no national best practices or guidelines for law enforcement-assisted diversion and deflection programs.
(b)
Use of Byrne JAG funds for deflection and diversion programs— Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152) is amended—
(1)
in subsection (a)(1)(E), by inserting before the period at the end the following: “, including law enforcement-assisted deflection programs and law enforcement-assisted pre-arrest and pre-booking diversion programs (as those terms are defined in subsection (h))”; and
(2)
by adding at the end the following:

“(h) Law enforcement-Assisted deflection programs and law enforcement-Assisted pre-Arrest and pre-Booking diversion programs

“(1) Definitions—In this subsection:

“(A) Covered grant—The term covered grant means a grant for a deflection or diversion program awarded under subsection (a)(1)(E).

“(B) Deflection or diversion program—The term deflection or diversion program means a law enforcement-assisted deflection program or a law enforcement-assisted pre-arrest or pre-booking diversion, including programs where—

“(i) an individual voluntarily initiates contact with a first responder for a treatment referral without fear of arrest and receives a warm handoff to treatment;

“(ii) a law enforcement officer or other first responder identifies or seeks out individuals in need of substance use treatment and a warm handoff is made to a treatment provider, who engages them in treatment;

“(iii) a law enforcement officer or other first responder engages an individual in treatment as part of an overdose response;

“(iv) a law enforcement officer or other first responder initiates treatment engagement, but no criminal charges are filed;

“(v) a law enforcement officer or other first responder initiates treatment engagement; and/or

“(vi) charges are filed and held in abeyance or a citation is issued.

“(C) Law enforcement-assisted deflection program—The term law enforcement-assisted deflection program means a program under which a law enforcement officer, when encountering an individual who is not engaged in criminal activity but appears to have a substance use disorder or mental health disorder, instead of taking no action at the time of contact or taking action at a later time, attempts to connect the individual to substance use disorder treatment providers or mental health treatment providers—

“(i) without the use of coercion or fear of arrest; and

“(ii) using established pathways for connections to local, community-based treatment.

“(D) Law enforcement-assisted pre-arrest or pre-booking diversion program—The term law enforcement-assisted pre-arrest or pre-booking diversion program means a program—

“(i) under which a law enforcement officer, when encountering an individual who has committed an offense that is nonviolent and is not a crime against a person, and the primary cause of which appears to be based on a substance use disorder or the mental health disorder of the individual, instead of arresting the individual, or instead of booking the individual after having arrested the individual, attempts to connect the individual to substance use disorder treatment providers or mental health treatment providers—

“(I) without the use of coercion; and

“(II) using established pathways for connections to local, community-based treatment;

“(ii) under which, in the case of pre-arrest diversion, a law enforcement officer described in clause (i) may decide to—

“(I) issue a civil citation; or

“(II) take no action with respect to the offense for which the officer would otherwise have arrested the individual described in clause (i); and

“(iii) that may authorize a law enforcement officer to refer an individual to substance use disorder treatment providers or mental health treatment providers if the individual appears to have a substance use disorder or mental health disorder and the officer suspects the individual of chronic violations of law but lacks probable cause to arrest the individual (commonly known as a “social contact referral”).

“(2) Sense of Congress regarding deflection or diversion programs—It is the sense of Congress that a deflection or diversion program funded under this subpart should not exclude individuals who are chronically exposed to the criminal justice system.

“(3) Reports to Attorney General—Not later than 2 years after the date on which a State or unit of local government is awarded a covered grant, and each year thereafter until the date that is 1 year after the date on which the period of the covered grant ends, the State or unit of local government shall submit a report to the Attorney General that includes information relating to the deflection or diversion program carried out by the State or unit of local government, including information relating to—

“(A) the goals of the deflection or diversion program;

“(B) any evidence-based interventions carried out under the deflection or diversion program;

“(C) outcomes of the deflection or diversion program, which shall—

“(i) be reported in a manner that distinguishes the outcomes based on the categories of, with respect to the participants in the deflection or diversion program—

“(I) the race of the participants; and

“(II) the gender of the participants; and

“(ii) include information relating to the rate of reincarceration among participants in the deflection or diversion program, if available; and

“(D) expenditures under the deflection or diversion program.”

(c)
Technical assistance grant program—
(1)
Definitions— In this subsection—
(A)
the term deflection or diversion program has the meaning given the term in subsection (h) of section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152), as added by subsection (b); and
(B)
the terms State and unit of local government have the meanings given those terms in section 901 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251).
(2)
Grant authorized— The Attorney General shall award a single grant to an entity with significant experience in working with law enforcement agencies, community-based treatment providers, and other community-based human service providers to develop or administer both diversion and deflection programs, to promote and maximize the effectiveness and racial equity of deflection or diversion programs, in order to—
(A)
help State and units of local government launch and expand deflection or diversion programs;
(B)
develop best practices for deflection or diversion teams, which shall include—
(i)
recommendations on community input and engagement in order to implement deflection or diversion programs as rapidly as possible and with regard to the particular needs of a community, including regular community meetings and other mechanisms for engagement with—
(I)
law enforcement agencies;
(II)
community-based treatment providers and other community-based human service providers;
(III)
the recovery community; and
(IV)
the community at-large; and
(ii)
the implementation of metrics to measure community satisfaction concerning the meaningful participation and interaction of the community with the deflection or diversion program and program stakeholders;
(C)
develop and publish a training and technical assistance tool kit for deflection or diversion for public education purposes;
(D)
disseminate uniform criteria and standards for the delivery of deflection or diversion program services; and
(E)
develop outcome measures that can be used to continuously inform and improve social, clinical, financial and racial equity outcomes.
(3)
Term— The term of the grant awarded under paragraph (2) shall be 5 years.
(4)
Authorization of appropriations— There are authorized to be appropriated to the Attorney General $30,000,000 for the grant under paragraph (2).

Sec. 403 Housing

Section 576 of the Quality Housing and Work Responsibility Act of 1998 (42 U.S.C. 13661 et seq.) is amended by striking subsections (a), (b), and (c) and inserting the following:

“(a) Ineligibility of illegal drug users and alcohol abusers—Notwithstanding any other provision of law, a public housing agency or an owner of federally assisted housing, as determined by the Secretary, may only prohibit admission to the program or admission to federally assisted housing for an individual whom the public housing agency or owner determines is illegally using a controlled substance or abusing alcohol if the agency or owner determines that the individual is using the controlled substance or abusing alcohol in a manner that interferes with the health or safety of other residents.

“(b) Authority To deny admission to criminal offenders

“(1) In general—Except as provided in subsection (a), in addition to any other authority to screen applicants, and subject to paragraphs (2) and (3) of this subsection, a public housing agency or an owner of federally assisted housing may only prohibit admission to the program or to federally assisted housing for an individual based on criminal activity of the individual if the public housing agency or owner determines that the individual, during a reasonable time preceding the date on which the individual would otherwise be selected for admission, was convicted of a crime involving conduct that threatens the health or safety of other residents.

“(2) Exceptions and limitations—A conviction that has been vacated, a conviction the record of which has been sealed or expunged, or a conviction for a crime committed by an individual when the individual was less than 18 years of age, shall not be grounds for denial of admission under paragraph (1).

“(3) Admission policy

“(A) Factors to consider—In evaluating the criminal history of an individual under paragraph (1), a public housing agency or an owner of federally assisted housing shall consider—

“(i) whether an offense of which the individual was convicted bears a relationship to the safety and security of other residents;

“(ii) the level of violence, if any, of an offense of which the individual was convicted;

“(iii) the length of time since a conviction;

“(iv) the number of convictions;

“(v) if the individual is in recovery for a substance use disorder, whether the individual was under the influence of alcohol or illegal drugs at the time of an offense; and

“(vi) any rehabilitation efforts that the individual has undertaken since the time of a conviction, including completion of a substance use treatment program.

“(B) Written policy—A public housing agency or an owner of federally assisted housing shall establish and make available to applicants a written admission policy that enumerates the specific factors, including the factors described in subparagraph (A), that will be considered when the public housing agency or owner evaluates the criminal history of an individual under paragraph (1).”

Sec. 404 Veterans treatment courts

Section 2991 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10651) is amended—
(1)
in subsection (a)—
(A)
in paragraph (2)—
(i)
in the matter preceding subparagraph (A)—
(I)
by inserting “, substance use disorder,” after “mental health”; and
(II)
by inserting “or adults or juveniles with substance use disorders” after “mentally ill adults or juveniles”;
(ii)
in subparagraph (A), by inserting “or substance use” after “mental health”; and
(iii)
in subparagraph (B), by inserting “or substance use” after “mental health”;
(B)
in paragraph (4)—
(i)
in subparagraph (A), by inserting “or substance use disorder” after “mental health”; and
(ii)
in subparagraph (C), by inserting “or offenders with substance use disorders” after “mentally ill offenders”;
(C)
in paragraph (5)—
(i)
in the heading, by inserting “or substance use disorder” after “Mental health”;
(ii)
by striking “mental health agency” and inserting “mental health or substance use agency”; and
(iii)
by inserting “, substance use services,” after “mental health services”;
(D)
in paragraph (9)—
(i)
in subparagraph (A)—
(I)
in clause (i)—
(aa)
in subclause (I), by inserting “, a substance use disorder,” after “a mental illness”; and
(bb)
in subclause (II), by inserting “, substance use disorder,” after “mental illness”; and
(II)
in clause (ii)(II), by inserting “or substance use” after “mental health”;
(E)
by redesignating paragraph (11) as paragraph (12); and
(F)
by inserting after paragraph (10) the following:

“(11) Substance use court—The term substance use court means a judicial program that meets the requirements of part EE of this title.”

(2)
in subsection (b)—
(A)
in paragraph (2)—
(i)
in subparagraph (A), by inserting “, substance use courts,” after “mental health courts”;
(ii)
in subparagraph (B)—
(I)
by inserting “mental health disorders, substance use disorders, or” before “co-occurring mental illness and substance use problems”; and
(II)
by striking “illnesses” and inserting “disorders, illnesses, or problems”;
(iii)
in subparagraph (C)—
(I)
in the matter preceding clause (i)—
(aa)
by striking “mental health agencies” and inserting “mental health or substance use agencies”; and
(bb)
by striking “and, where appropriate,” and inserting “or”; and
(II)
in clause (i), by inserting “, substance use disorders,” after “mental illness”; and
(iv)
in subparagraph (D), by inserting “or offender with a substance use disorder” after “mentally ill offender”; and
(B)
in paragraph (5)—
(i)
in subparagraph (B)—
(I)
in clause (i)—
(aa)
by inserting “or substance use court” after “mental health court”; and
(bb)
by striking “mental health agency” and inserting “mental health or substance use agency”; and
(II)
in clause (ii), by striking “and substance use services for individuals with co-occurring mental health and substance use disorders” and inserting “or substance use services”;
(ii)
in subparagraph (C)—
(I)
in clause (i)(I), by inserting “, substance use disorders,” after “mental illness”;
(II)
in clause (ii)—
(aa)
in subclause (II), by inserting “, substance use,” after “mental health,”;
(bb)
in subclause (V), by striking “mental health services” and inserting “mental health or substance use services”; and
(cc)
in subclause (VI), by inserting “or individuals with substance use disorders” after “mentally ill individuals”;
(iii)
in subparagraph (D), by inserting “or offenders with substance use disorders” after “mentally ill offenders”;
(iv)
in subparagraph (E), by inserting “or substance use disorders” after “mental illness”;
(v)
in subparagraph (H), by striking “and mental health” and inserting “, mental health, and substance use”; and
(vi)
in subparagraph (I)—
(I)
in clause (i)—
(aa)
in the heading, by inserting “, substance use courts,” after “Mental health courts”;
(bb)
by inserting “or substance use courts” after “mental health courts”; and
(cc)
by inserting “or part EE, as applicable,” after “part V”; and
(II)
in clause (iv), by inserting “or substance use” after “mental health”;
(3)
in subsection (c)—
(A)
in paragraph (1), by inserting “, offenders with substance use disorders,” after “mentally ill offenders”;
(B)
in paragraph (2), by inserting “ and offenders with substance use disorders” after “mentally ill offenders”; and
(C)
in paragraph (3), by inserting “or substance use courts” after “mental health courts”;
(4)
in subsection (e)—
(A)
in paragraph (1), by inserting “or substance use disorders” after “mental illness”; and
(B)
in paragraph (4), by inserting “or substance use disorders” after “mental illness”;
(5)
in subsection (h)—
(A)
in the heading, by inserting “and offenders with substance use disorders” after “mentally ill offenders”;
(B)
in paragraph (1)—
(i)
in subparagraph (A), by inserting “or substance use disorders” after “mental illnesses”;
(ii)
in subparagraph (C), by inserting “or offenders with substance use disorders” after “mentally ill offenders”;
(iii)
in subparagraph (D)—
(I)
by inserting “or substance use” after “mental health”; and
(II)
by inserting “or offenders with substance use disorders” after “mentally ill offenders”;
(iv)
in subparagraph (E), by inserting “or substance use disorders” after “mental illnesses”; and
(v)
in subparagraph (F), by inserting “, substance use disorders,” after “mental health disorders”; and
(C)
in paragraph (2), by inserting “or substance use disorders” after “mental illnesses”;
(6)
in subsection (i)(2)—
(A)
in subparagraph (B)—
(i)
by redesignating clauses (i), (ii), and (iii) as subclauses (I), (II), and (III), and adjusting the margins accordingly;
(ii)
in the matter preceding subclause (I), as so redesignated, by striking “shall give priority to applications that—” and inserting the following:

“(i) applications that—”

(iii)
by striking the period at the end and inserting the following:

“(ii) applications to establish or expand veterans treatment court programs that—

“(I) allow participation by a veteran receiving any type of medication-assisted treatment that involves the use of any drug or combination of drugs that have been approved under the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 301 et seq.) or section 351 of the Public Health Service Act (42 U.S.C. 262) for the treatment of an opioid use disorder;

“(II) follow the Adult Drug Court Best Practice Standards published by the National Association of Drug Court Professionals; and

“(III) provide culturally competent (as defined in section 102 of the Developmental Disabilities Assistance and Bill of Rights Act of 2000 (42 U.S.C. 15002)) services.”

(B)
by adding at the end the following:

“(C) Disclosure and reporting requirements

“(i) Requirements for veterans treatment court program grantees—An applicant that receives a grant under this subsection to establish or expand a veterans treatment court program shall—

“(I) disclose to the Attorney General any contract or relationship between the applicant and a local treatment provider;

“(II) track and report to the Attorney General the number of referrals to local treatment providers provided by the program; and

“(III) track and report to the Attorney General, with respect to each participant in the program—

“(aa) each charge brought against the participant;

“(bb) the demographics of the participant; and

“(cc) the outcome of the participant's case.

“(ii) Attorney General report—The Attorney General shall periodically submit to Congress a report containing the information reported to the Attorney General under clause (i).

“(D) Sense of Congress regarding veterans treatment court programs—It is the sense of Congress that a veterans treatment court program that receives funding from a grant under this subsection should not exclude individuals who are chronically exposed to the criminal justice system.”

(7)
in subsection (j)—
(A)
in paragraph (1), by inserting “or substance use disorders” after “mental illness”; and
(B)
in paragraph (2)(A), by inserting “or substance use disorders” after “mental illnesses”;
(8)
in subsection (k)(3)(A)(i)(I)(aa), by inserting “ or substance use disorders” after “mental illnesses”;
(9)
in subsection (l)—
(A)
in paragraph (1)(B)(ii), by inserting “or substance use disorder” after “mental illness” each place that term appears; and
(B)
in paragraph (2)—
(i)
in subparagraph (C)(iii), by inserting “or substance use” after “mental health”; and
(ii)
in subparagraph (D), by striking “mental health or” and inserting “mental health disorders, substance use disorders, or”; and
(10)
in subsection (o)(3)—
(A)
by striking “Limitation” and inserting “Veterans”;
(B)
by striking “Not more than” and inserting the following:

“(A) Limitation—Not more than”

(C)
in subparagraph (A), as so designated, by striking “this section” and inserting “paragraph (1)”; and
(D)
by adding at the end the following:

“(B) Additional funding—In addition to the amounts authorized under paragraph (1), there are authorized to be appropriated to the Department of Justice to carry out subsection (i) $20,000,000 for each of fiscal years 2021 through 2026.”