119-s2723

[Congressional Bills 119th Congress]
[From the U.S. Government Publishing Office]
[S. 2723 Introduced in Senate

    (IS) ]

<DOC>

119th CONGRESS
 1st Session
 S. 2723

 To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
 modify the provisions relating to treatment courts.

_______________________________________________________________________

 IN THE SENATE OF THE UNITED STATES

 September 4, 2025

 Ms. Klobuchar (for herself and Mr. Wicker) introduced the following 
 bill; which was read twice and referred to the Committee on the 
 Judiciary

_______________________________________________________________________

 A BILL

 To amend the Omnibus Crime Control and Safe Streets Act of 1968 to 
 modify the provisions relating to treatment courts.

 Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

 This Act may be cited as the ``Treatment Court, Rehabilitation, and 
Recovery Act of 2025''.

SEC. 2. TREATMENT COURTS.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (34 U.S.C. 10101 et seq.) is amended by striking 
part EE (34 U.S.C. 10611 et seq.) and inserting the following:

 ``PART EE--TREATMENT COURT DISCRETIONARY GRANT PROGRAM

``

SEC. 2951. GRANT AUTHORITY.

 ``

    (a) In General.--The Attorney General may make grants--
 ``

    (1) 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; and
 ``

    (2) to establish or enhance--
 ``
        (A) juvenile drug treatment courts that serve 
 teens charged with delinquency offenses caused or 
 influenced by a moderate to severe substance use 
 disorder or co-occurring mental health disorder;
 ``
        (B) family treatment courts that serve parents or 
 guardians in dependency proceedings facing allegations 
 of child abuse or neglect caused or influenced by a 
 moderate to severe substance use disorder;
 ``
            (C) Tribal healing to wellness courts that serve 
 Native Americans by providing healing and communal 
 practices to serve persons charged with drug-or 
 alcohol-related violations of tribal laws;
 ``
            (D) impaired driving courts that serve adults 
 charged with repeated instances of driving under the 
 influence of drugs or alcohol;
 ``
        (E) adult drug treatment courts that serve as an 
 alternative to incarceration for adults with substance 
 use disorders, including co-occurring substance use and 
 mental health disorders; and
 ``
        (F) any other treatment courts that adhere to 
 national best practice standards endorsed by the 
 National Association of Drug Court Professionals.
 ``

    (b) Limitation.--Economic sanctions imposed in this section shall 
not be at a level that would interfere with the treatment and must 
conform to constitutional standards including, but not limited to, an 
opportunity to present evidence at a hearing regarding the 
participant's financial status and ability to pay.

``

SEC. 2952. ELIGIBILITY.

 ``

    (a) 

=== Definition. ===
-In this section, the term `participant' means an 
adult or juvenile in the court system who--
 ``

    (1) has been diagnosed by a substance use treatment 
 professional as having a substance use disorder or co-occurring 
 mental illness and substance abuse disorders;
 ``

    (2)
        (A) meets established eligibility criteria as approved 
 by the adult, juvenile, or tribal treatment court team, that, 
 at a minimum, includes the judge, prosecutor, defense bar, and 
 treatment community; and
 ``
        (B) for family treatment courts, at a minimum, includes 
 the judge, child welfare agency or prosecutor, defensive bar, 
 and treatment community;
 ``

    (3) has been determined, by the treatment court team, not 
 to pose a risk of violence to any person in the program, or the 
 public, if selected to participate in the program; and
 ``

    (4) has not been charged with or convicted of--
 ``
        (A) any sex offense (as defined in 

section 111 of 
 the Sex Offender Registration and Notification Act (34 
 U.S.C. 20911)) or any offense relating to the sexual 
 exploitation of children; or
 ``
        (B) murder or assault with intent to commit 
 murder.
 ``

    (b) Determination.--In determining whether a participant meets 
the eligibility criteria, the treatment court team shall take into 
account--
 ``

    (1) whether the participation of the participant in the 
 program would pose a substantial risk of violence to the 
 community;
 ``

    (2) the criminal history of the participant and the 
 nature and severity of the offense for which the participant is 
 charged;
 ``

    (3) the views of any relevant victims to the offense;
 ``

    (4) the extent to which the participant would benefit 
 from participation in the program; and
 ``

    (5) the extent to which the community would realize cost 
 savings because of the participation of the participant in the 
 program.

``

SEC. 2953. ADMINISTRATION.

 ``

    (a) 

=== Definitions. ===
-In this section:
 ``

    (1) Medication for addiction treatment.--The term 
 `medication for addiction treatment' means the use of 
 medications approved by the Food and Drug Administration for 
 the treatment of substance use disorder.
 ``

    (2) State substance abuse authority.--The term `State 
 substance abuse authority' means the State agency responsible 
 for administering the Substance Abuse Prevention and Treatment 
 Block Grant under subpart II of part B of title XIX of the 
 Public Health Service Act (42 U.S.C. 300x-21 et seq.).
 ``

    (b) Consultation.--The Attorney General shall consult with the 
Secretary of Health and Human Services and any other appropriate 
officials in carrying out this part.
 ``
            (c) Use of Components.--The Attorney General may utilize any 
component or components of the Department of Justice in carrying out 
this part.
 ``
            (d) Regulatory Authority.--The Attorney General may issue 
regulations and guidelines necessary to carry out this part.
 ``

    (e) Administrative Costs.--
 ``

    (1) Not more than 10 percent of a grant made under this 
 part may be used for costs incurred to administer such grant.
 ``

    (f) Applications.--In addition to any other requirements that may 
be specified by the Attorney General, an application for a grant under 
this part shall--
 ``

    (1) explain the long-term strategy and detailed 
 implementation plan that outlines how the program will--
 ``
        (A) serve treatment courts described in 
 2951

    (a)

    (2) ;
 ``
        (B) achieve the implementation of national best 
 practice standards described in 

section 2951

    (a)

    (2)
        (F) ; 
 and
 ``
            (C) obtain the necessary support to continue the 
 proposed program following the conclusion of Federal 
 support;
 ``

    (2) certify that--
 ``
        (A) the program will not discriminate based upon 
 race, gender, gender identity, religion, national 
 origin, sexual orientation, economic status, or 
 immigration status;
 ``
        (B) the program will provide adequate protections 
 for offenders' right to competent counsel;
 ``
            (C) evidence-based clinical assessment will 
 determine the level of care, and that evidence-based 
 substance use disorder treatment, including medication 
 for addiction treatment, will be available if 
 clinically appropriate;
 ``
            (D) substance use disorder treatment providers 
 and services are licensed or accredited by the State 
 substance abuse authority and that State standards of 
 care will be utilized;
 ``
        (E) there has been appropriate consultation with 
 all affected agencies and that there will be 
 appropriate coordination with all affected agencies, 
 including State or local prosecutors, the defense bar, 
 law enforcement, probation, courts, State or local 
 treatment agencies, and other community services;
 ``
        (F) 1 or more designated judges are responsible 
 for the program;
 ``
        (G) there is an inability to fund the program 
 adequately without Federal assistance;
 ``
        (H) Federal support provided will be used to 
 supplement, and not supplant, State, Indian tribal, and 
 local sources of funding that would otherwise be 
 available;
 ``
            (I) the payment, in whole or part, by the 
 participant of treatment costs and restitution, to the 
 extent practicable, shall be based on ability to pay 
 and will not be at a level that would interfere with 
 program participation; and
 ``
        (J) impaired driving court applicants are 
 compliant with 

section 164

    (b) of title 23, United 
 States Code; and
 ``

    (3) describe--
 ``
        (A) the admission criteria to ensure that--
 ``
            (i) the criteria are broad enough to 
 provide equal access for all individuals under 
 the treatment court's jurisdiction who are in 
 high need of substance use disorder treatment 
 based on evidence-based clinical assessments;
 ``
            (ii) the individual circumstances of each 
 offender are considered as mitigating or 
 aggravating factors; and
 ``
            (iii) an evidence-based clinical 
 assessment is utilized to determine the level 
 of care;
 ``
        (B) the components of the program to include--
 ``
            (i) a process to ensure equivalent access 
 and retention in the program that includes 
 collecting and examining access and retention 
 data to ensure unfair disparities do not exist;
 ``
            (ii) substance use disorder or mental 
 health treatment for each participant based on 
 individualized assessments and evidence-based 
 treatment services;
 ``
            (iii) case management, relapse 
 prevention, education, vocational training, job 
 placement, housing placement, medical and 
 dental care, parenting programs, child care, or 
 other family support services for each 
 participant who requires such services;
 ``
            (iv) diversion, probation, or other 
 supervised release;
 ``
            (v) evidence-based graduated responses;
 ``
            (vi) periodic and random testing for the 
 use of controlled substances or other addictive 
 substances; and
 ``
            (vii) the methodology that will be used 
 to evaluate the program's process and outcomes; 
 and
 ``
            (C) the related governmental or community 
 initiatives that complement the program.

``

SEC. 2954. APPLICATIONS.

 ``To request funds under this part, the chief executive or the 
chief justice of a State, or the chief executive or judge of a unit of 
local government or Indian tribal government, or the chief judge of a 
State court, or the judge of a local court or Indian tribal court shall 
submit an application to the Attorney General in such form and 
containing such information as the Attorney General may reasonably 
require.

``

SEC. 2955. FEDERAL SHARE.

 ``

    (a) In General.--The Federal share of a grant made under this 
part may not exceed 75 percent of the total costs of the program 
described in the application submitted under 

section 2954 for the 
fiscal year for which the program receives assistance under this part, 
unless the Attorney General waives, wholly or in part, the requirement 
of a matching contribution under this section.
 ``

    (b) In-Kind Contributions.--In-kind contributions may constitute 
a portion of the non-Federal share of a grant.

``

SEC. 2956. DISTRIBUTION AND ALLOCATION OF FUNDING.

 ``The Attorney General shall ensure--
 ``

    (1) all grants awards have in place a process to ensure 
 equivalent access and retention in the program that includes--
 ``
        (A) collecting and examining access and retention 
 data to ensure unfair disparities do not exist;
 ``
        (B) modifying the eligibility criteria, 
 admissions protocols, and other program elements to 
 address disparities, enhance recruitment, and improve 
 retention;
 ``
            (C) continually monitoring whether racial and 
 ethnic minority and female participants have equal 
 access to the programs, receive equivalent services in 
 the programs, and successfully complete the programs at 
 rates equivalent to non-minorities and males; and
 ``
            (D) admission criteria that serve individuals 
 with a high need of substance use disorder treatment 
 based on clinical assessments;
 ``

    (2) all grant awards--
 ``
        (A) use evidence-based clinical assessment to 
 determine the level of care for evidence-based 
 substance use disorder treatment, including medication 
 for addiction treatment, if clinically appropriate and 
 available; and
 ``
        (B) use substance use disorder treatment 
 providers and services are licensed or accredited by 
 the State substance abuse authority and that standards 
 of care of the State are used;
 ``

    (3) priority in funding is given to those applicants that 
 have demonstrated adherence to the practice standards 
 established or endorsed by the National Association of Drug 
 Court Professionals;
 ``

    (4) all States, State courts, local courts, units of 
 local government, and Indian tribal governments are provided 
 with an opportunity to apply and be considered for a grant 
 under this part;
 ``

    (5) to the extent practicable, equitable geographic 
 distribution of grant awards is made; and
 ``

    (6) training and technical assistance is available to 
 States that applied and did not receive a grant award.

``

SEC. 2957. REPORT.

 ``

    (a) Grant Report.--A State, Indian tribal government, or unit of 
local government that receives funds under this part during a fiscal 
year shall submit to the Attorney General a description and an 
evaluation report on a date specified by the Attorney General regarding 
the effectiveness of this part.
 ``

    (b) Evaluation.--The Department of Justice, Bureau of Justice 
Assistance shall conduct a national multi-site evaluation on the 
effectiveness of treatment courts to be submitted to Congress within 
three years of enactment of this bill. The evaluation shall focus on 
target population, evidence-based substance use and mental health 
treatment, including medication for addiction treatment, recidivism, 
and program outcomes.

``

SEC. 2958. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

 ``

    (a) Technical Assistance and Training.--The Attorney General may 
provide technical assistance and training in furtherance of the 
purposes of this part. All training and technical assistance must 
adhere to the national best practice standards established by the 
National Association of Drug Court Professionals or those approved by 
the Department of Justice.
 ``

    (b) Evaluations.--In addition to any evaluation requirements that 
may be prescribed for grantees (including uniform data collection 
standards and reporting requirements), the Attorney General shall carry 
out or make arrangements for evaluations of programs that receive 
support under this part.
 ``
            (c) Administration.--The technical assistance, training, and 
evaluations authorized by this section may be carried out directly by 
the Attorney General, in collaboration with the Secretary of Health and 
Human Services, or through grants, contracts, or other cooperative 
arrangements with other entities.
 ``
            (d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $100,000,0000 for each year for 
fiscal years 2024 through 2028.''.
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