34 U.S.C. § 10477 — Report

Page 158 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10474 State, Indian tribal, and local sources of fund- ing that would otherwise be available; (4) identify related governmental or commu- nity 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 implementa- tion of the program, including the State men- tal 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 sup- port and continuing the proposed program fol- lowing 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 of- fenders without a history of a mental illness will receive a mental health evaluation. (Pub. L. 90–351, title I, § 2203, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2400.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ii–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 2203 of title I of Pub. L. 90–351, as added Pub. L. 103–322, title V, § 50001(a)(3), Sept. 13, 1994, 108 Stat. 1956, defined ‘‘violent offender’’, prior to re- peal by Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(b)(1)(A)], Apr. 26, 1996, 110 Stat. 1321, 1321–21; re- numbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. § 10474. Applications To request funds under this subchapter, the chief executive or the chief justice of a State or the chief executive or chief judge of a unit of local government or Indian tribal government shall submit to the Attorney General an appli- cation in such form and containing such infor- mation as the Attorney General may reasonably require. (Pub. L. 90–351, title I, § 2204, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2401.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ii–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 2204 of title I of Pub. L. 90–351, as added Pub. L. 103–322, title V, § 50001(a)(3), Sept. 13, 1994, 108 Stat. 1956, related to administration, prior to repeal by Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(b)(1)(A)], Apr. 26, 1996, 110 Stat. 1321, 1321–21; re- numbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. § 10475. Federal share The Federal share of a grant made under this subchapter may not exceed 75 percent of the total costs of the program described in the ap- plication submitted under section 10474 of this title for the fiscal year for which the program receives assistance under this subchapter, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. The use of the Federal share of a grant made under this subchapter shall be limited to new expenses necessitated by the pro- posed program, including the development of treatment services and the hiring and training of personnel. In-kind contributions may con- stitute a portion of the non-Federal share of a grant. (Pub. L. 90–351, title I, § 2205, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2401.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ii–4 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 2205 of title I of Pub. L. 90–351, as added Pub. L. 103–322, title V, § 50001(a)(3), Sept. 13, 1994, 108 Stat. 1957, related to applications to request funds, prior to repeal by Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(b)(1)(A)], Apr. 26, 1996, 110 Stat. 1321, 1321–21; re- numbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. § 10476. Geographic distribution The Attorney General shall ensure that, to the extent practicable, an equitable geographic dis- tribution of grant awards is made that considers the special needs of rural communities, Indian tribes, and Alaska Natives. (Pub. L. 90–351, title I, § 2206, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2401.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ii–5 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 2206 of title I of Pub. L. 90–351, as added Pub. L. 103–322, title V, § 50001(a)(3), Sept. 13, 1994, 108 Stat. 1957, related to Federal share of grants, prior to repeal by Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(b)(1)(A)], Apr. 26, 1996, 110 Stat. 1321, 1321–21; re- numbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. § 10477. Report A State, Indian tribal government, or unit of local government that receives funds under this subchapter during a fiscal year shall submit to the Attorney General a report in March of the following year regarding the effectiveness of this subchapter. (Pub. L. 90–351, title I, § 2207, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2402.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ii–6 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. Page 159 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10479 PRIOR PROVISIONS A prior section 2207 of title I of Pub. L. 90–351, as added Pub. L. 103–322, title V, § 50001(a)(3), Sept. 13, 1994, 108 Stat. 1957, related to geographic distribution of grant awards, prior to repeal by Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(b)(1)(A)], Apr. 26, 1996, 110 Stat. 1321, 1321–21; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. § 10478. Technical assistance, training, and eval- uation (a) Technical assistance and training The Attorney General may provide technical assistance and training in furtherance of the purposes of this subchapter. (b) Evaluations In addition to any evaluation requirements that may be prescribed for grantees, the Attor- ney General may carry out or make arrange- ments for evaluations of programs that receive support under this subchapter. (c) Administration The technical assistance, training, and evalua- tions authorized by this section may be carried out directly by the Attorney General, in col- laboration with the Secretary of Health and Human Services, or through grants, contracts, or other cooperative arrangements with other entities. (Pub. L. 90–351, title I, § 2208, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2402.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ii–7 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 2208 of title I of Pub. L. 90–351, as added Pub. L. 103–322, title V, § 50001(a)(3), Sept. 13, 1994, 108 Stat. 1957, required reports by entities receiving funds, prior to repeal by Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(b)(1)(A)], Apr. 26, 1996, 110 Stat. 1321, 1321–21; renumbered title I, Pub. L. 104–140, § 1(a), May 2, 1996, 110 Stat. 1327. § 10479. Mental health responses in the judicial system (a) Pretrial screening and supervision (1) In general The Attorney General may award grants to States, units of local government, territories, Indian Tribes, nonprofit agencies, or any com- bination thereof, to develop, implement, or ex- pand pretrial services programs to improve the identification and outcomes of individuals with mental illness. (2) Allowable uses Grants awarded under this subsection may be may be used for— (A) behavioral health needs and risk screening of defendants, including verification of interview information, men- tal health evaluation, and criminal history screening; (B) assessment of risk of pretrial mis- conduct through objective, statistically vali- dated means, and presentation to the court of recommendations based on such assess- ment, including services that will reduce the risk of pre-trial misconduct; (C) followup review of defendants unable to meet the conditions of pretrial release; (D) evaluation of process and results of pre-trial service programs; (E) supervision of defendants who are on pretrial release, including reminders to de- fendants of scheduled court dates; (F) reporting on process and results of pre- trial services programs to relevant public and private mental health stakeholders; and (G) data collection and analysis necessary to make available information required for assessment of risk. (b) Behavioral health assessments and interven- tion (1) In general The Attorney General may award grants to States, units of local government, territories, Indian Tribes, nonprofit agencies, or any com- bination thereof, to develop, implement, or ex- pand a behavioral health screening and assess- ment program framework for State or local criminal justice systems. (2) Allowable uses Grants awarded under this subsection may be used for— (A) promotion of the use of validated as- sessment tools to gauge the criminogenic risk, substance abuse needs, and mental health needs of individuals; (B) initiatives to match the risk factors and needs of individuals to programs and practices associated with research-based, positive outcomes; (C) implementing methods for identifying and treating individuals who are most likely to benefit from coordinated supervision and treatment strategies, and identifying indi- viduals who can do well with fewer interven- tions; and (D) collaborative decision-making among the heads of criminal justice agencies, men- tal health systems, judicial systems, sub- stance abuse systems, and other relevant systems or agencies for determining how treatment and intensive supervision services should be allocated in order to maximize benefits, and developing and utilizing capac- ity accordingly. (c) Use of grant funds A State, unit of local government, territory, Indian Tribe, or nonprofit agency that receives a grant under this section shall, in accordance with subsection (b)(2), use grant funds for the expenses of a treatment program, including— (1) salaries, personnel costs, equipment costs, and other costs directly related to the operation of the program, including costs re- lating to enforcement; (2) payments for treatment providers that are approved by the State or Indian Tribe and licensed, if necessary, to provide needed treat- ment to program participants, including aftercare supervision, vocational training, education, and job placement; and