42 U.S. Code § 3797u - Grant authority
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(a) 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—
(1) continuing judicial supervision over offenders, and other individuals under the jurisdiction of the court, with substance abuse problems who are not violent offenders;
(3) the integrated administration of other sanctions and services, which shall include—
(A) mandatory periodic testing for the use of controlled substances or other addictive substances during any period of supervised release or probation for each participant;
(C) 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;
(D) 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;
(E) payment, in whole or part, by the offender of treatment costs, to the extent practicable, such as costs for urinalysis or counseling; and
Economic sanctions imposed on an offender pursuant to this section shall not be at a level that would interfere with the offender’s rehabilitation.
(c) Mandatory drug testing and mandatory sanctions
(1) 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—
(A) shall ensure that—
(i) 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
(2) 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:
Source(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.)
2006—Subsec. (a)(1). Pub. L. 109–162substituted “offenders, and other individuals under the jurisdiction of the court, with substance abuse problems” for “offenders with substance abuse problems”.
Subsec. (c). Pub. L. 109–177added subsec. (c).
Study by the Government Accountability Office
“(a) In General.—The Comptroller General of the United States shall study and assess the effectiveness and impact of grants authorized by part EE of title I of the Omnibus Crime Control and Safe Streets Act of 1968 [42 U.S.C. 3797u et seq.] as added by section 2401  and report to Congress the results of the study on or before January 1, 2005.
“(b) Documents and Information.—The Attorney General and grant recipients shall provide the Comptroller General with all relevant documents and information that the Comptroller General deems necessary to conduct the study under subsection (a), including the identities and criminal records of program participants.
“(c) Criteria.—In assessing the effectiveness of the grants made under programs authorized by part EE of [title I of] the Omnibus Crime Control and Safe Streets Act of 1968 [42 U.S.C. 3797u et seq.], the Comptroller General shall consider, among other things—
“(1) recidivism rates of program participants;
“(2) completion rates among program participants;
“(3) drug use by program participants; and
“(4) the costs of the program to the criminal justice system.”