[Federal Register Volume 60, Number 118 (Tuesday, June 20, 1995)]
[Rules and Regulations]
[Pages 32104-32106]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-14985]
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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]
BILLING CODE 4410-18-P
