12 2 STA T .675PUBLIC LA W 11 0– 1 9 9 — AP R .9 , 200 8‘ ‘ (1)dev e lop,im pleme nt , a nde x pand c omp r e h en s ive and clinicall y- appropriate f amily- b ased s u bstance abuse treatment pro g rams as alternatives to incarceration for nonviolent parent drug offenders
and ‘‘( 2 ) to provide prison-based family treatment programs for incarcerated parents of minor children .‘ ‘ SEC.29 22. U SE OFGRANT FUN D S. ‘‘ G rants made to an entity under section 2 9 21 for a program described in such section may be used for — ‘‘(1) the development, implementation, and expansion of prison-based family treatment programs in correctional facili- ties for incarcerated parents w ith minor children (except for any such parent who there is reasonable evidence to believe engaged in domestic violence or child abuse); ‘‘(2) the development, implementation, and expansion of residential substance abuse treatment; ‘‘( 3 ) coordination between appropriate correctional facility representatives and the appropriate governmental agencies; ‘‘( 4 ) payments to public and nonprofit private entities to provide substance abuse treatment to nonviolent parent drug offenders participating in that program; and ‘‘( 5 ) salaries, personnel costs, facility costs, and other costs directly related to the operation of that program. ‘‘SEC. 292 3 . P ROGRA M RE Q U I REMENTS. ‘‘(a) IN G E NE RAL .— A program for which a grant is made under section 2921(1) shall comply with the following re q uirements
‘‘(1) T he program shall ensure that all providers of sub- stance abuse treatment are approved by the S tate or Indian Tribe and are licensed, if necessary, to provide medical and other health services. ‘‘(2) The program shall ensure appropriate coordination and consultation with the Single State Authority for Substance Abuse of the State (as that term is defined in section 2 0 1(e) of the Second C hance Act of 200 7 ). ‘‘(3) The program shall consist of clinically-appropriate, comprehensive, and long-term family treatment, including the treatment of the nonviolent parent drug offender, the child of such offender, and any other appropriate member of the family of the offender. ‘‘(4) The program shall be provided in a residential setting that is not a hospital setting or an intensive outpatient setting. ‘‘(5) The program shall provide that if a nonviolent parent drug offender who participates in that program does not successfully complete the program the offender shall serve an appropriate sentence of imprisonment with respect to the underlying crime involved. ‘‘( 6 ) The program shall ensure that a determination is made as to whether a nonviolent drug offender has completed the substance abuse treatment program. ‘‘(7) The program shall include the implementation of a system of graduated sanctions (including incentives) that are applied based on the accountability of the nonviolent parent drug offender involved throughout the course of that program to encourage compliance with that program. ‘‘( 8 ) The program shall develop and implement a reentry plan for each participant. 42USC379 7 s– 2 . 42 USC 3797s– 1 .
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