34 U.S.C. § 10471 — Grant authority

Page 155 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10471 PRIOR PROVISIONS A prior section 2104 of Pub. L. 90–351 was renumbered section 2105 and is classified to section 10464 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade. § 10464. Regulations or guidelines Not later than 120 days after September 13, 1994, the Attorney General shall publish pro- posed regulations or guidelines implementing this subchapter. Not later than 180 days after September 13, 1994, the Attorney General shall publish final regulations or guidelines imple- menting this subchapter. (Pub. L. 90–351, title I, § 2105, formerly § 2104, as added Pub. L. 103–322, title IV, § 40231(a)(3), Sept. 13, 1994, 108 Stat. 1933; renumbered § 2105, Pub. L. 117–103, div. W, title XV, § 1506(1), Mar. 15, 2022, 136 Stat. 956.) Editorial Notes CODIFICATION Section was formerly classified to section 3796hh–3 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 2105 of Pub. L. 90–351 was renumbered section 2106 and is classified to section 10465 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade. § 10465. Definitions and grant conditions In this subchapter the definitions and grant conditions in section 12291 of this title shall apply. (Pub. L. 90–351, title I, § 2106, formerly § 2105, as added Pub. L. 103–322, title IV, § 40231(a)(3), Sept. 13, 1994, 108 Stat. 1933; amended Pub. L. 106–386, div. B, title I, § 1109(a)(2), Oct. 28, 2000, 114 Stat. 1503; Pub. L. 109–162, § 3(c)(2), Jan. 5, 2006, 119 Stat. 2972; renumbered § 2106, Pub. L. 117–103, div. W, title XV, § 1506(1), Mar. 15, 2022, 136 Stat. 956.) Editorial Notes CODIFICATION Section was formerly classified to section 3796hh–4 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 2106 of Pub. L. 90–351 was classified to section 3796hh–5 of Title 42, The Public Health and Wel- fare, prior to repeal by Pub. L. 109–271, § 2(f)(2), Aug. 12, 2006, 120 Stat. 752. AMENDMENTS 2006—Pub. L. 109–162 amended section generally. Prior to amendment, section consisted of pars. (1) to (3) de- fining for purposes of this subchapter ‘‘domestic vio- lence’’, ‘‘protection order’’, and ‘‘dating violence’’. 2000—Par. (3). Pub. L. 106–386 added par. (3). Statutory Notes and Related Subsidiaries EFFECTIVE DATE OF 2022 AMENDMENT Amendment by Pub. L. 117–103 not effective until Oct. 1 of the first fiscal year beginning after Mar. 15, 2022, see section 4(a) of div. W of Pub. L. 117–103, set out as an Effective Date note under section 6851 of Title 15, Commerce and Trade. SUBCHAPTER XXI—MENTAL HEALTH COURTS § 10471. Grant authority The Attorney General shall make grants to States, State courts, local courts, units of local government, and Indian tribal governments, act- ing directly or through agreements with other public or nonprofit entities, for not more than 100 programs that involve— (1) continuing judicial supervision, including periodic review, over preliminarily qualified offenders with mental illness, mental retarda- tion, or co-occurring mental illness and sub- stance abuse disorders, who are charged with misdemeanors or nonviolent offenses; and (2) the coordinated delivery of services, which includes— (A) specialized training of law enforcement and judicial personnel to identify and ad- dress the unique needs of a mentally ill or mentally retarded offender; (B) voluntary outpatient or inpatient men- tal health treatment, in the least restrictive manner appropriate, as determined by the court, that carries with it the possibility of dismissal of charges or reduced sentencing upon successful completion of treatment, or court-ordered assisted outpatient treatment when the court has determined such treat- ment to be necessary; (C) centralized case management involving the consolidation of all of a mentally ill or mentally retarded defendant’s cases, includ- ing violations of probation, and the coordi- nation of all mental health treatment plans and social services, including life skills training, such as housing placement, voca- tional training, education, job placement, health care, and relapse prevention for each participant who requires such services; and (D) continuing supervision of treatment plan compliance for a term not to exceed the maximum allowable sentence or probation for the charged or relevant offense and, to the extent practicable, continuity of psy- chiatric care at the end of the supervised pe- riod. (Pub. L. 90–351, title I, § 2201, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2399; amend- ed Pub. L. 114–255, div. B, title XIV, § 14002(a), Dec. 13, 2016, 130 Stat. 1288.) Page 156 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10471 Editorial Notes CODIFICATION Section was formerly classified to section 3796ii of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 2201 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 grant authority, 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. Another prior section 2201 of Pub. L. 90–351 was re- numbered section 2601 and is classified to section 10541 of this title. AMENDMENTS 2016—Par. (2)(B). Pub. L. 114–255 inserted before pe- riod at end ‘‘, or court-ordered assisted outpatient treatment when the court has determined such treat- ment to be necessary’’. Statutory Notes and Related Subsidiaries FEDERAL DRUG AND MENTAL HEALTH COURTS Pub. L. 114–255, div. B, title XIV, § 14003, Dec. 13, 2016, 130 Stat. 1289, provided that: ‘‘(a) DEFINITIONS.—In this section— ‘‘(1) the term ‘eligible offender’ means a person who— ‘‘(A)(i) previously or currently has been diagnosed by a qualified mental health professional as having a mental illness, mental retardation, or co-occur- ring mental illness and substance abuse disorders; or ‘‘(ii) manifests obvious signs of mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders during arrest or con- finement or before any court; ‘‘(B) comes into contact with the criminal justice system or is arrested or charged with an offense that is not— ‘‘(i) a crime of violence, as defined under appli- cable State law or in section 3156 of title 18, United States Code; or ‘‘(ii) a serious drug offense, as defined in section 924(e)(2)(A) of title 18, United States Code; and ‘‘(C) is determined by a judge to be eligible; and ‘‘(2) the term ‘mental illness’ means a diagnosable mental, behavioral, or emotional disorder— ‘‘(A) of sufficient duration to meet diagnostic cri- teria within the most recent edition of the Diag- nostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and ‘‘(B) that has resulted in functional impairment that substantially interferes with or limits 1 or more major life activities. ‘‘(b) ESTABLISHMENT OF PROGRAM.—Not later than 1 year after the date of enactment of this Act [Dec. 13, 2016], the Attorney General shall establish a pilot pro- gram to determine the effectiveness of diverting eligi- ble offenders from Federal prosecution, Federal proba- tion, or a Bureau of Prisons facility, and placing such eligible offenders in drug or mental health courts. ‘‘(c) PROGRAM SPECIFICATIONS.—The pilot program es- tablished under subsection (b) shall involve— ‘‘(1) continuing judicial supervision, including peri- odic review, of program participants who have a sub- stance abuse problem or mental illness; and ‘‘(2) the integrated administration of services and sanctions, which shall include— ‘‘(A) mandatory periodic testing, as appropriate, for the use of controlled substances or other addict- ive substances during any period of supervised re- lease or probation for each program participant; ‘‘(B) substance abuse treatment for each program participant who requires such services; ‘‘(C) diversion, probation, or other supervised re- lease with the possibility of prosecution, confine- ment, or incarceration based on noncompliance with program requirements or failure to show satis- factory progress toward completing program re- quirements; ‘‘(D) programmatic offender management, includ- ing case management, and aftercare services, such as relapse prevention, health care, education, voca- tional training, job placement, housing placement, and child care or other family support services for each program participant who requires such serv- ices; ‘‘(E) outpatient or inpatient mental health treat- ment, as ordered by the court, that carries with it the possibility of dismissal of charges or reduced sentencing upon successful completion of such treatment; ‘‘(F) centralized case management, including— ‘‘(i) the consolidation of all cases, including vio- lations of probations, of the program participant; and ‘‘(ii) coordination of all mental health treat- ment plans and social services, including life skills and vocational training, housing and job placement, education, health care, and relapse prevention for each program participant who re- quires such services; and ‘‘(G) continuing supervision of treatment plan compliance by the program participant for a term not to exceed the maximum allowable sentence or probation period for the charged or relevant offense and, to the extent practicable, continuity of psy- chiatric care at the end of the supervised period. ‘‘(d) IMPLEMENTATION; DURATION.—The pilot program established under subsection (b) shall be conducted— ‘‘(1) in not less than 1 United States judicial dis- trict, designated by the Attorney General in con- sultation with the Director of the Administrative Of- fice of the United States Courts, as appropriate for the pilot program; and ‘‘(2) during fiscal year 2017 through fiscal year 2021. ‘‘(e) CRITERIA FOR DESIGNATION.—Before making a designation under subsection (d)(1), the Attorney Gen- eral shall— ‘‘(1) obtain the approval, in writing, of the United States Attorney for the United States judicial dis- trict being designated; ‘‘(2) obtain the approval, in writing, of the chief judge for the United States judicial district being designated; and ‘‘(3) determine that the United States judicial dis- trict being designated has adequate behavioral health systems for treatment, including substance abuse and mental health treatment. ‘‘(f) ASSISTANCE FROM OTHER FEDERAL ENTITIES.—The Administrative Office of the United States Courts and the United States Probation Offices shall provide such assistance and carry out such functions as the Attor- ney General may request in monitoring, supervising, providing services to, and evaluating eligible offenders placed in a drug or mental health court under this sec- tion. ‘‘(g) REPORTS.—The Attorney General, in consulta- tion with the Director of the Administrative Office of the United States Courts, shall monitor the drug and mental health courts under this section, and shall sub- mit a report to Congress on the outcomes of the pro- gram at the end of the period described in subsection (d)(2).’’ FINDINGS Pub. L. 106–515, § 2, Nov. 13, 2000, 114 Stat. 2399, pro- vided that: ‘‘Congress finds that— ‘‘(1) fully 16 percent of all inmates in State prisons and local jails suffer from mental illness, according to a July, 1999 report, conducted by the Bureau of Justice Statistics; 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 co-occurring mental illness and substance abuse disorders during arrest or confinement or before any court; and (B) is deemed eligible by designated judges; (3) the term ‘‘court-ordered assisted out- patient treatment’’ means a program through which a court may order a treatment plan for an eligible patient that— (A) requires such patient to obtain out- patient mental health treatment while the patient is not currently residing in a correc- tional facility or inpatient treatment facil- ity; and (B) is designed to improve access and ad- herence by such patient to intensive behav- ioral health services in order to— (i) avert relapse, repeated hospitaliza- tions, arrest, incarceration, suicide, prop- erty destruction, and violent behavior; and (ii) provide such patient with the oppor- tunity to live in a less restrictive alter- native to incarceration or involuntary hospitalization; and (4) the term ‘‘eligible patient’’ means an adult, mentally ill person who, as determined by a court— (A) has a history of violence, incarcer- ation, or medically unnecessary hospitaliza- tions; (B) without supervision and treatment, may be a danger to self or others in the com- munity; (C) is substantially unlikely to voluntarily participate in treatment; (D) may be unable, for reasons other than indigence, to provide for any of his or her basic needs, such as food, clothing, shelter, health, or safety; (E) has a history of mental illness or a condition that is likely to substantially de- teriorate if the person is not provided with timely treatment; or (F) due to mental illness, lacks capacity to fully understand or lacks judgment to make informed decisions regarding his or her need for treatment, care, or supervision. (Pub. L. 90–351, title I, § 2202, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2400; amend- ed Pub. L. 114–255, div. B, title XIV, § 14002(b), Dec. 13, 2016, 130 Stat. 1288.) Editorial Notes CODIFICATION Section was formerly classified to section 3796ii–1 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. PRIOR PROVISIONS A prior section 2202 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 prohibition of participation by violent offenders, 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. AMENDMENTS 2016—Pars. (3), (4). Pub. L. 114–255 added pars. (3) and (4). § 10473. Administration (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 compo- nent or components of the Department of Jus- tice in carrying out this subchapter. (c) Regulatory authority The Attorney General shall issue regulations and guidelines necessary to carry out this sub- chapter which include, but are not limited to, the methodologies and outcome measures pro- posed 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 as- sistance; (3) certify that the Federal support provided will be used to supplement, and not supplant,