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34 U.S.C. § 10473 — Administration
Federal law — U.S. Code and appendices · legal_authorities
**(a) Consultation** The Attorney General shall consult with the Secretary of Health and Human Services and any other appropriate officials in carrying out this subchapter.
**(b) Use of components** The Attorney General may utilize any component or components of the Department of Justice in carrying out this subchapter.
**(c) Regulatory authority** The Attorney General shall issue regulations and guidelines necessary to carry out this subchapter which include, but are not limited to, the methodologies and outcome measures proposed for evaluating each applicant program.
**(d) Applications** In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this subchapter shall—
(1) include a long-term strategy and detailed implementation plan;
(2) explain the applicant’s inability to fund the program adequately without Federal assistance;
(3) certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available;
(4) identify related governmental or community initiatives which complement or will be coordinated with the proposal;
(5) certify that there has been appropriate consultation with all affected agencies and that there will be appropriate coordination with all affected agencies in the implementation of the program, including the State mental health authority;
(6) certify that participating offenders will be supervised by one or more designated judges with responsibility for the mental health court program;
(7) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support;
(8) describe the methodology and outcome measures that will be used
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Source location: Title 34, Chapter 101, § 10473; chapter-101-justice-system-improvement.md
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**(a) Consultation** The Attorney General shall consult with the Secretary of Health and Human Services and any other appropriate officials in carrying out this subchapter.
**(b) Use of components** The Attorney General may utilize any component or components of the Department of Justice in carrying out this subchapter.
**(c) Regulatory authority** The Attorney General shall issue regulations and guidelines necessary to carry out this subchapter which include, but are not limited to, the methodologies and outcome measures proposed for evaluating each applicant program.
**(d) Applications** In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this subchapter shall—
(1) include a long-term strategy and detailed implementation plan;
(2) explain the applicant’s inability to fund the program adequately without Federal assistance;
(3) certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available;
(4) identify related governmental or community initiatives which complement or will be coordinated with the proposal;
(5) certify that there has been appropriate consultation with all affected agencies and that there will be appropriate coordination with all affected agencies in the implementation of the program, including the State mental health authority;
(6) certify that participating offenders will be supervised by one or more designated judges with responsibility for the mental health court program;
(7) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support;
(8) describe the methodology and outcome measures that will be used in evaluating the program; and
(9) certify that participating first time offenders without a history of a mental illness will receive a mental health evaluation.
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 3796ii was editorially reclassified as [section 10471 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10471&num=0&edition=prelim), Crime Control and Law Enforcement.
#### Study on Reentry, Mental Illness, and Public Safety
Pub. L. 107–273, div. C, title I, § 11011, Nov. 2, 2002, 116 Stat. 1823, directed the Attorney General to commission a study of offenders with mental illness released from prison or jail to determine the extent to which participation in public benefit programs correlates with successful reentry and improved public safety.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3796ii–2
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Federal law — U.S. Code and appendices · legal_authorities
### Statutory Notes
#### Codification
Section 3796ii–2 was editorially reclassified as [section 10473 of Title 34](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title34-section10473&num=0&edition=prelim), Crime Control and Law Enforcement.
Source: Supplied U.S. Code snapshot — release unconfirmed · 42 U.S.C. § 3796ii–4
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Federal law — U.S. Code and appendices · legal_authorities
Page 157
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 10473
‘‘(2) between 600,000 and 700,000 mentally ill persons
are annually booked in jail alone, according to the
American Jail Association;
‘‘(3) estimates say 25 to 40 percent of America’s
mentally ill will come into contact with the criminal
justice system, according to National Alliance for the
Mentally Ill;
‘‘(4) 75 percent of mentally ill inmates have been
sentenced to time in prison or jail or probation at
least once prior to their current sentence, according
to the Bureau of Justice Statistics in July, 1999; and
‘‘(5) Broward County, Florida and King County,
Washington, have created separate Mental Health
Courts to place nonviolent mentally ill offenders into
judicially monitored inpatient and outpatient mental
health treatment programs, where appropriate, with
positive results.’’
§ 10472. Definitions
In this subchapter—
(1) the term ‘‘mental illness’’ means a
diagnosable mental, behavioral, or emotional
disorder—
(A) of sufficient duration to meet diag-
nostic criteria within the most recent edi-
tion of the Diagnostic and Statistical Man-
ual of Mental Disorders published by the
American Psychiatric Association; and
(B) that has resulted in functional impair-
ment that substantially interferes with or
limits 1 or more major life activities;
(2) the term ‘‘preliminarily qualified of-
fender with mental illness, mental retarda-
tion, or co-occurring mental and substance
abuse disorders’’ means a person who—
(A)(i) previously or currently has been di-
agnosed by a qualified mental health profes-
sional as having a mental illness, mental re-
tardation, or co-occurring mental illness and
substance abuse disorders; or
(ii) manifests obvious signs of mental ill-
ness, mental retardation, or
Source: Supplied 2024 U.S. Code historical extraction · 34 U.S.C. § 10473
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