34 U.S.C. § 10479 — Mental health responses in the judicial

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 Page 160 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10479 1 So in original. The word ‘‘the’’ probably should appear. (3) payments to public and nonprofit private entities that are approved by the State or In- dian Tribe and licensed, if necessary, to pro- vide alcohol and drug addiction treatment to offenders participating in the program. (d) Supplement of non-Federal funds (1) In general Grants awarded under this section shall be used to supplement, and not supplant, non- Federal funds that would otherwise be avail- able for programs described in this section. (2) Federal share The Federal share of a grant made under this section may not exceed 50 percent of the total costs of the program described in an ap- plication under subsection (e). (e) Applications To request a grant under this section, a State, unit of local government, territory, Indian Tribe, or nonprofit agency shall submit an appli- cation to the Attorney General in such form and containing such information as the Attorney General may reasonably require. (f) Geographic distribution The Attorney General shall ensure that, to the extent practicable, the distribution of grants under this section is equitable and includes— (1) each State; and (2) a unit of local government, territory, In- dian Tribe, or nonprofit agency— (A) in each State; and (B) in rural, suburban, Tribal, and urban jurisdictions. (g) Reports and evaluations For each fiscal year, each grantee under this section during that fiscal year shall submit to the Attorney General a report on the effective- ness of activities carried out using such grant. Each report shall include an evaluation in such form and containing such information as the At- torney General may reasonably require. The At- torney General shall specify the dates on which such reports shall be submitted. (h) Accountability Grants awarded under this section shall be subject to the following accountability provi- sions: (1) Audit requirement (A) Definition In this paragraph, the term ‘‘unresolved audit finding’’ means a finding in the final audit report of the Inspector General of the Department of Justice under subparagraph (C) that the audited grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 1 year after the date on which 1 final audit report is issued. (B) Audits Beginning in the first fiscal year beginning after December 13, 2016, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of grantees under this section to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be au- dited each year. (C) Final audit report The Inspector General of the Department of Justice shall submit to the Attorney Gen- eral a final report on each audit conducted under subparagraph (B). (D) Mandatory exclusion Grantees under this section about which there is an unresolved audit finding shall not be eligible to receive a grant under this sec- tion during the 2 fiscal years beginning after the end of the 1-year period described in sub- paragraph (A). (E) Priority In making grants under this section, the Attorney General shall give priority to ap- plicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this section. (F) Reimbursement If an entity receives a grant under this section during the 2-fiscal-year period dur- ing which the entity is prohibited from re- ceiving grants under subparagraph (D), the Attorney General shall— (i) deposit an amount equal to the amount of the grant that was improperly awarded to the grantee into the General Fund of the Treasury; and (ii) seek to recoup the costs of the repay- ment under clause (i) from the grantee that was erroneously awarded grant funds. (2) Nonprofit agency requirements (A) Definition For purposes of this paragraph and the grant program under this section, the term ‘‘nonprofit agency’’ means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of title 26. (B) Prohibition The Attorney General may not award a grant under this section to a nonprofit agen- cy that holds money in an offshore account for the purpose of avoiding paying the tax described in section 511(a) of title 26. (C) Disclosure Each nonprofit agency that is awarded a grant under this section and uses the proce- dures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, direc- tors, trustees, and key employees, shall dis- close to the Attorney General, in the appli- cation for the grant, the process for deter- mining such compensation, including the independent persons involved in reviewing and approving such compensation, the com- parability data used, and contemporaneous substantiation of the deliberation and deci- sion. Upon request, the Attorney General Page 161 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10491 shall make the information disclosed under this subparagraph available for public in- spection. (3) Conference expenditures (A) Limitation Not more than $20,000 of the amounts made available to the Department of Justice to carry out this section may be used by the Attorney General, or by any individual or entity awarded a grant under this section to host, or make any expenditures relating to, a conference unless the Deputy Attorney General provides prior written authorization that the funds may be expended to host the conference or make such expenditure. (B) Written approval Written approval under subparagraph (A) shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and en- tertainment. (C) Report The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representa- tives on all conference expenditures ap- proved under this paragraph. (4) Annual certification Beginning in the first fiscal year beginning after December 13, 2016, the Attorney General shall submit to the Committee on the Judici- ary and the Committee on Appropriations of the Senate and the Committee on the Judici- ary and the Committee on Appropriations of the House of Representatives an annual cer- tification— (A) indicating whether— (i) all final audit reports issued by the Office of the Inspector General under para- graph (1) have been completed and re- viewed by the appropriate Assistant Attor- ney General or Director; (ii) all mandatory exclusions required under paragraph (1)(D) have been issued; and (iii) any reimbursements required under paragraph (1)(F) have been made; and (B) that includes a list of any grantees ex- cluded under paragraph (1)(D) from the pre- vious year. (i) Preventing duplicative grants (1) In general Before the Attorney General awards a grant to an applicant under this section, the Attor- ney General shall compare the possible grant with any other grants awarded to the appli- cant under this Act to determine whether the grants are for the same purpose. (2) Report If the Attorney General awards multiple grants to the same applicant for the same pur- pose, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes— (A) a list of all duplicate grants awarded, including the total dollar amount of any such grants awarded; and (B) the reason the Attorney General awarded the duplicate grants. (Pub. L. 90–351, title I, § 2209, as added Pub. L. 114–255, div. B, title XIV, § 14004, Dec. 13, 2016, 130 Stat. 1291.) Editorial Notes REFERENCES IN TEXT This Act, referred to in subsec. (i)(1), is Pub. L. 90–351, June 19, 1968, 82 Stat. 197, known as the Omnibus Crime Control and Safe Streets Act of 1968. For complete clas- sification of this Act to the Code, see Short Title of 1968 Act note set out under section 10101 of this title and Tables. CODIFICATION Section was formerly classified to section 3796ii–8 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 2209 of title I of Pub. L. 90–351, as added Pub. L. 103–322, title V, § 50001(a)(3), Sept. 13, 1994, 108 Stat. 1958, related to technical assistance, training, and evaluation, 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. SUBCHAPTER XXII—SUPPORT FOR LAW ENFORCEMENT OFFICERS AND FAMILIES Editorial Notes CODIFICATION Pub. L. 116–32, § 2(1), July 25, 2019, 133 Stat. 1036, sub- stituted ‘‘SUPPORT FOR LAW ENFORCEMENT OFFI- CERS AND FAMILIES’’ for ‘‘FAMILY SUPPORT’’ in subchapter heading. § 10491. Duties The Attorney General shall— (1) establish guidelines and oversee the im- plementation of family-friendly policies with- in law enforcement-related offices and divi- sions in the Department of Justice; (2) study the effects of stress on law enforce- ment personnel and family well-being and dis- seminate the findings of such studies to Fed- eral, State, and local law enforcement agen- cies, related organizations, and other inter- ested parties, including any research and re- ports developed under the Law Enforcement Mental Health and Wellness Act of 2017 (Public Law 115–113; 131 Stat. 2276); (3) identify and evaluate model programs that provide support services to law enforce- ment personnel and families; (4) provide technical assistance and training programs to develop stress reduction, psycho- logical services, suicide prevention, and fam- ily support to State and local law enforcement agencies; (5) collect and disseminate information re- garding family support, stress reduction, and psychological services to Federal, State, and local law enforcement agencies, law enforce- ment-related organizations, and other inter- ested entities; and