§10611. Grant authority
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Latest Jul 12, 2026 NOW As last amended Dec 13, 2016 — Pub. L. 114–255 As originally enacted Nov 2, 200234 U.S.C. § 10611
In general— The Attorney General may make grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or private entities, for adult drug courts, juvenile drug courts, family drug courts, and tribal drug courts that involve—
continuing judicial supervision over offenders, and other individuals under the jurisdiction of the court, with substance abuse problems, including co-occurring substance abuse and mental health problems, who are not violent offenders;
coordination with the appropriate State or local prosecutor; and
the integrated administration of other sanctions and services, which shall include—
mandatory periodic testing for the use of controlled substances or other addictive substances during any period of supervised release or probation for each participant;
substance abuse treatment for each participant;
diversion, probation, or other supervised release involving the possibility of prosecution, confinement, or incarceration based on noncompliance with program requirements or failure to show satisfactory progress;
offender management, and aftercare services such as relapse prevention, health care, education, vocational training, job placement, housing placement, and child care or other family support services for each participant who requires such services;
payment, in whole or part, by the offender of treatment costs, to the extent practicable, such as costs for urinalysis or counseling; and
payment, in whole or part, by the offender of restitution, to the extent practicable, to either a victim of the offender’s offense or to a restitution or similar victim support fund.
Limitation— Economic sanctions imposed on an offender pursuant to this section shall not be at a level that would interfere with the offender’s rehabilitation.
Mandatory drug testing and mandatory sanctions—
Mandatory testing— Grant amounts under this subchapter may be used for a drug court only if the drug court has mandatory periodic testing as described in subsection (a)(3)(A). The Attorney General shall, by prescribing guidelines or regulations, specify standards for the timing and manner of complying with such requirements. The standards—
shall ensure that—
each participant is tested for every controlled substance that the participant has been known to abuse, and for any other controlled substance the Attorney General or the court may require; and
the testing is accurate and practicable; and
may require approval of the drug testing regime to ensure that adequate testing occurs.
Mandatory sanctions— The Attorney General shall, by prescribing guidelines or regulations, specify that grant amounts under this subchapter may be used for a drug court only if the drug court imposes graduated sanctions that increase punitive measures, therapeutic measures, or both whenever a participant fails a drug test. Such sanctions and measures may include, but are not limited to, one or more of the following:
Incarceration.
Detoxification treatment.
Residential treatment.
Increased time in program.
Termination from the program.
Increased drug screening requirements.
Increased court appearances.
Increased counseling.
Increased supervision.
Electronic monitoring.
In-home restriction.
Community service.
Family counseling.
Anger management classes.
Notes, amendments, and revision history
(Pub. L. 90–351, title I, § 2951, as added Pub. L. 107–273, div. B, title II, § 2301(a), Nov. 2, 2002, 116 Stat. 1794; amended Pub. L. 109–162, title XI, § 1143, Jan. 5, 2006, 119 Stat. 3111; Pub. L. 109–177, title VII, § 751, Mar. 9, 2006, 120 Stat. 273; Pub. L. 114–255, div. B, title XIV, § 14007(1), Dec. 13, 2016, 130 Stat. 1296.)
Editorial Notes
Codification
Section was formerly classified to section 3797u of Title 42, The Public Health and Welfare, prior to editorial reclassification and renumbering as this section.
Amendments
2016—Subsec. (a)(1). Pub. L. 114–255 inserted “, including co-occurring substance abuse and mental health problems,” after “abuse problems”.
2006—Subsec. (a)(1). Pub. L. 109–162 substituted “offenders, and other individuals under the jurisdiction of the court, with substance abuse problems” for “offenders with substance abuse problems”.
Subsec. (c). Pub. L. 109–177 added subsec. (c).