Drug Courts

DEPARTMENT OF JUSTICE

Office of Justice Programs

28 CFR Part 93

[OJP No. 1014]

RIN 1121-AA26

Drug Courts

AGENCY: U.S. Department of Justice, Office of Justice Programs.

ACTION: Final rule.

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SUMMARY: This notice announces the Final Rule on the Drug Court Program

as authorized by Title V of the Violent Crime Control and Law

Enforcement Act of 1994. The Rule gives general guidance regarding the

Program and specifically delineates the prohibition on participation by

violent offenders. Detailed Program Guidelines and application

materials for the Fiscal Year 1995 Drug Courts Program were issued by

the Drug Courts Program Office on March 23, 1995. The Final Rule does

not differ from the Proposed Rule published on January 26, 1995 (60 FR

5152).

DATES: The Final Rule is effective June 20, 1995.

ADDRESSES: All inquiries, correspondence, and requests for information

should be addressed to Tim Murray, Acting Director, Drug Courts Program

Office, Office of Justice Programs, 633 Indiana Avenue NW., Washington,

DC 20531.

FOR FURTHER INFORMATION CONTACT: The Department of Justice Response

Center at 1-800-421-6770 or (202) 307-1480 or Tim Murray, Acting

Director, Drug Courts Program Office, Office of Justice Programs at

(202) 616-5001.

SUPPLEMENTARY INFORMATION:

Overview of Title V--Drug Courts

Federal discretionary grants are made available under the Violent

Crime Control and Law Enforcement Act of 1994, Title V, Pub. L. 103-

322, 108 Stat. 1796 (September 13, 1994), 42 U.S.C. 3796ii-3796ii-8

[hereinafter the ``Act''] to States, units of local government, Indian

tribal governments, and State and local courts for assistance with Drug

Court Programs. The Act gives the Attorney General and through

statutory authority contained in the Omnibus Crime Control and Safe

Streets Act, 42 U.S.C. 3711 et seq., an authorized designee (in this

case the Assistant Attorney General for the Office of Justice

Programs), the authority to make grants to the above mentioned entities

for Drug Court Programs that involve continuing judicial supervision

over non-violent offenders with substance abuse problems and the

integrated administration of sanctions and services including: (1)

Mandatory periodic testing for the use of controlled substances or

other addictive substances during any period of supervised release or

probation for each participant; (2) substance abuse treatment for each

participant; (3) 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; and (4) programmatic, 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 requiring such

services.

The Fiscal Year 1995 Department of Justice Appropriations Act, Pub.

L. 103-317, allocated $29 million for the Drug Court grant programs.

Eligibility of applicants to receive grants will be based on

requirements of the statute and these regulations, as well as

assurances and certifications specified in the detailed program

guidelines and application materials published by the Drug Courts

Program Office of the Office of Justice Programs on March 23, 1995 and

available from that Office.

The Department issued a Proposed Rule on January 26, 1995 (60 FR

5152). The Final Rule being published herein is unchanged from the

Proposed Rule and closely mirrors the authorizing statute. Application

guidelines addressing the logistics of the Program and its

implementation were issued on March 23, 1995. Copies of the Drug Court

Program Guidelines are available directly from the DOJ Response Center

or the Drug Courts Program Office.

Discussion of Comments

The Office of Justice Programs received sixteen letters commenting

on the proposed regulations, primarily from State and local government

(including district attorneys and criminal justice planning agencies).

Comments are on file in the Drug Courts Program Office and are

available for review. All comments were considered by the Drug Courts

Program Office in the issuance of its Application Guidelines and in the

review of this [[Page 32105]] Final Rule. The Office of Justice

Programs thanks all those who commented on this program.

Commentators unanimously voiced their support for the Department's

efforts to implement the Program and offered positive suggestions for

the essential element of the regulation, the exclusion of violent

offenders definition. Commentators also noted concerns in other areas,

including the design and type of services provided in programs for Drug

Court participants, judicial supervision, participation with local

agencies, defendants' rights, and available funding.

The majority of comments focused on the definition of the term

``violent offender.'' While all agreed that such individuals should be

excluded and that the definition worked toward achieving that result,

some were concerned with its potential breadth. The Department gave

much consideration to this particular definitional issue in drafting

the Proposed Rule and the subsequent guidelines. Indeed, a careful

survey of the comments made in preparation for publication of the Final

Rule provided an opportunity for the Department to revisit many of

these concerns. Our reexamination, however, suggested that our original

approach is appropriate in that it tracks the language of the Act.

We appreciate those comments received regarding program design,

treatment availability, and services provided. We emphasized in the

preamble of the Proposed Rule, as we do now, that the Department will

accept a variety of approaches. Indeed, rather than prescribing one

model, the Program Guidelines appropriately encourage flexibility in

developing local Drug Court programs. Localities are encouraged to

tailor intervention approaches best suited to address local

circumstances. Within the boundaries set by the statute, the Department

is committed to maintaining flexibility to avoid any restrictions on

localities that would tend to limit development to one particular

design. The design flexibility provided for local Drug Court programs,

similarly, allows grantees to develop an array of services appropriate

to the local constituent population served, thereby avoiding the need

to specify a list of particular services as a prerequisite for

participation.

We received comments concerning the potential impact of Drug Court

programming on the rights of individual defendants. Guidelines require

participation by the entire criminal justice system including courts,

prosecutors and public defenders, to ensure effective programming and

that the rights of individual defendants are protected.

The issue of judicial supervision raised by some commentators is a

central feature of the program. According to the terms of the statute,

judicial supervision must be ongoing. Therefore, it has been retained

as a seminal program requirement for all Drug Court programming.

Some commentators focused on the issue of the overall effectiveness

of the Program nationally and the role of evaluations in that effort.

Assessments and evaluations of Drug Court programs will be carried out

by individual grantees in consultation with the National Institute of

Justice (NIJ) and other appropriate agencies. It is the Department's

intention to review data provided by individual program grantees

nationwide to help evaluate the overall effectiveness of the Drug Court

Program. NIJ-sponsored impact and process evaluations will focus in

more depth on selected Drug Courts funded under this Program.

Administrative Requirements

This regulation has been drafted and reviewed in accordance with

Executive Order 12866, section 1(b), Principles of Regulation. This

rule is not a ``significant regulatory action'' under Executive Order

12866, section 3(f), Regulatory Planning and Review, and, accordingly,

this rule has not been reviewed by the Office of Management and Budget.

The Assistant Attorney General for the Office of Justice Programs,

in accordance with the Regulatory Flexibility Act (5 U.S.C. 605(b)),

has reviewed this regulation and, by approving it, certifies that this

regulation will not have a significant economic impact on a substantial

number of small entities.

List of Subjects in 28 CFR Part 93

Grant programs, Judicial administration.

For the reasons set out in the preamble, Title 28, Chapter 1, of

the Code of Federal Regulations is amended by adding a new Part 93,

consisting of Subpart A as set forth below.

PART 93--PROVISIONS IMPLEMENTING THE VIOLENT CRIME CONTROL AND LAW

ENFORCEMENT ACT OF 1994

Subpart A--Drug Courts

Sec.

93.1 Purpose

93.2 Statutory Authority

93.3 Definitions

93.4 Grant Authority

93.5 Exclusion of Violent Offenders

Subpart B--[Reserved]

Authority: 42 U.S.C. 3796ii-3796ii-8.

Subpart A--Drug Courts

Sec. 93.1 Purpose.

This part sets forth requirements and procedures to ensure that

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, exclude violent

offenders from participation in programs authorized and funded under

this part.

Sec. 93.2 Statutory authority.

This program is authorized under the Violent Crime Control and Law

Enforcement Act of 1994, Title V, Public Law 103-322, 108 Stat. 1796,

(September 13, 1994), 42 U.S.C. 3796ii-3796ii-8.

Sec. 93.3 Definitions.

(a) State has the same meaning as set forth in section 901(a)(2) of

the Omnibus Crime Control and Safe Streets Act of 1968, as amended.

(b) Unit of Local Government has the same meaning as set forth in

section 901(a)(3) of the Omnibus Crime Control and Safe Streets Act of

1968, as amended.

(c) Assistant Attorney General means the Assistant Attorney General

for the Office of Justice Programs.

(d) Violent offender means a person who either--

(1) Is currently charged with or convicted of an offense during the

course of which:

(i) The person carried, possessed, or used a firearm or other

dangerous weapon; or

(ii) There occurred the use of force against the person of another;

or

(iii) There occurred the death of, or serious bodily injury to, any

person; without regard to whether proof of any of the elements

described herein is required to convict; or

(2) Has previously been convicted of a felony crime of violence

involving the use or attempted use of force against a person with the

intent to cause death or serious bodily harm.

Sec. 93.4 Grant authority.

(a) The Assistant 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 programs that involve:

(1) Continuing judicial supervision over offenders with substance

abuse problems who are not violent offenders, and [[Page 32106]]

(2) The integrated administration of other sanctions and services,

which shall include--

(i) Mandatory periodic testing for the use of controlled substances

or other addictive substances during any period of supervised release

or probation for each participant;

(ii) Substance abuse treatment for each participant;

(iii) 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; and

(iv) Programmatic, 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.

(b) Applications for grants under this program shall be made at

such times and in such form as may be specified in guidelines or

notices published by the Assistant Attorney General. Applications will

be evaluated according to the statutory requirements of the Act and the

programmatic goals specified in the applicable guidelines. Grantees

must comply with all statutory and program requirements applicable to

grants under this program.

Sec. 93.5 Exclusion of violent offenders.

(a) The Assistant Attorney General will ensure that 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, exclude violent offenders from

programs authorized and funded under this part.

(b) No recipient of a grant made under the authority of this part

shall permit a violent offender to participate in any program receiving

funding pursuant to this part.

(c) Applicants must certify as part of the application process that

violent offenders will not participate in programs authorized and

funded under this part. The required certification shall be in such

form and contain such assurances as the Assistant Attorney General may

require to carry out the requirements of this part.

(d) If the Assistant Attorney General determines that one or more

violent offenders are participating in a program receiving funding

under this part, such funding shall be promptly suspended, pending the

termination of participation by those persons deemed ineligible to

participate under the regulations in this part.

(e) The Assistant Attorney General may carry out or make

arrangements for evaluations and request information from programs that

receive support under this part to ensure that violent offenders are

excluded from participating in programs hereunder.

Subpart B--[Reserved]

Laurie Robinson,

Assistant Attorney General, Office of Justice Programs.

[FR Doc. 95-14985 Filed 6-19-95; 8:45 am]

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