34 U.S.C. § 10463 — Reports

Page 154 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10463 (1) a State court that serves a population of not fewer than 1,000,000 individuals; (2) a State court that— (A) serves a State that is among the 7 States with the lowest population density in the United States; and (B) has a relatively low rate of successful service with respect to protection orders, as determined by the Attorney General; (3) a State court that— (A) serves a State that is among the 7 States with the highest population density in the United States; and (B) has a relatively low rate of successful service with respect to protection orders, as determined by the Attorney General; (4) a court that uses an integrated, statewide case management system; (5) a court that uses a standalone case man- agement system; (6) a Tribal court; and (7) a court that primarily serves a culturally specific and underserved population. (e) Application (1) In general An eligible entity desiring a grant under this section shall submit to the Attorney General an application that includes— (A) a description of the process that the el- igible entity uses for service of protection orders at the time of submission of the ap- plication; (B) to the extent practicable, statistics re- lating to protection orders during the 3 cal- endar years preceding the date of submission of the application, including rates of— (i) successful service; and (ii) enforcement; (C) an initial list of the entities serving as the partners of the eligible entity described in subsection (a); and (D) any other information the Attorney General may reasonably require. (2) No other application required An eligible entity shall not be required to submit an application under section 10462 of this title to receive a grant under this section. (f) Report to Attorney General (1) Initial report Not later than 2 years after the date on which an eligible entity receives a grant under this section, the eligible entity shall submit to the Attorney General a report that details the plan of the eligible entity for implementation of the program under subsection (c). (2) Subsequent reports (A) In general Not later than 1 year after the date on which an eligible entity implements a pro- gram under subsection (c), and not later than 2 years thereafter, the eligible entity shall submit to the Attorney General a re- port that describes the program, including, with respect to the program— (i) the viability; (ii) the cost; (iii) service statistics; (iv) the challenges; (v) an analysis of the technology used to fulfill the goals of the program; (vi) an analysis of any legal or due proc- ess issues resulting from the electronic service method described in subsection (c)(1)(A); and (vii) best practices for implementing such a program in other similarly situated locations. (B) Contents of final report An eligible entity shall include in the sec- ond report submitted under subparagraph (A) recommendations for— (i) future nationwide implementation of the program implemented by the eligible entity; and (ii) usage of electronic service, similar to the service used by the eligible entity, for other commonly used court orders, includ- ing with respect to viability and cost. (g) No regulations or guidelines required Notwithstanding section 10464 of this title, the Attorney General shall not be required to pub- lish regulations or guidelines implementing this section. (h) Authorization of appropriations There is authorized to be appropriated to carry out this section $10,000,000 for fiscal years 2023 through 2027. (Pub. L. 90–351, title I, § 2103, as added Pub. L. 117–103, div. W, title XV, § 1506(2), Mar. 15, 2022, 136 Stat. 957.) Editorial Notes PRIOR PROVISIONS A prior section 2103 of Pub. L. 90–351 was renumbered section 2104 and is classified to section 10463 of this title. Statutory Notes and Related Subsidiaries EFFECTIVE DATE Section 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 a note under section 6851 of Title 15, Commerce and Trade. § 10463. Reports Each grantee receiving funds under this sub- chapter shall submit a report to the Attorney General evaluating the effectiveness of projects developed with funds provided under this sub- chapter and containing such additional informa- tion as the Attorney General may prescribe. (Pub. L. 90–351, title I, § 2104, formerly § 2103, as added Pub. L. 103–322, title IV, § 40231(a)(3), Sept. 13, 1994, 108 Stat. 1933; renumbered § 2104, 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–2 of Title 42, The Public Health and Welfare, prior to edi- torial reclassification and renumbering as this section. 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.)