U.S. Code > Title 42 The Public Health and Welfare > CHAPTER 46—JUSTICE SYSTEM IMPROVEMENT > SUBCHAPTER XV-A—PROSECUTION DRUG TREATMENT ALTERNATIVE TO PRISON PROGRAM > § 3797q-6. Definitions

§ 3797q-6. Definitions

In this subchapter:
(1) State or local prosecutor
The term “State, Tribal, or local prosecutor” means any district attorney, State attorney general, county attorney, tribal attorney, or corporation counsel who has authority to prosecute criminal offenses under State, Tribal, or local law.
(2) Eligible offender
The term “eligible offender” means an individual who—
(A) has been convicted, pled guilty, or admitted guilt with respect to a crime for which a sentence of imprisonment is required and has not completed such sentence;
(B) has never been charged with or convicted of an offense, during the course of which—
(i) the individual carried, possessed, or used a firearm or dangerous weapon; or
(ii) there occurred the use of force against the person of another, without regard to whether any of the behavior described in clause (i) is an element of the offense or for which the person is charged or convicted;
(C) does not have 1 or more prior convictions for 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; and
(D)
(i) has received an assessment for alcohol or drug addiction from a substance abuse professional who is approved by the State or Indian Tribe and licensed by the appropriate entity to provide alcohol and drug addiction treatment, as appropriate; and
(ii) has been found to be in need of substance abuse treatment because that individual has a history of substance abuse that is a significant contributing factor to the criminal conduct of that individual.