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