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34 U.S.C. § 10651 — Adult and juvenile collaboration pro-
Federal law — U.S. Code and appendices · legal_authorities
Page 191
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 10651
Rural States Act of 2002’’, see section 11027(a) of Pub. L.
107–273, set out as a Short Title of 2002 Act note under
section 10101 of this title.
§ 10642. Use of funds
(a) In general
A capacity building grant shall be used to de-
velop a statewide strategic plan as described in
section 10643 of this title to prevent and reduce
crime, violence, and substance abuse.
(b) Permissive use
A rural State may also use its grant to provide
training and technical assistance to commu-
nities and promote innovation in the develop-
ment of policies, technologies, and programs to
prevent and reduce crime.
(c) Data collection
A rural State may use up to 5 percent of the
grant to assist grant recipients in collecting
statewide data related to the costs of crime, vio-
lence, and substance abuse for purposes of sup-
porting the statewide strategic plan.
(Pub. L. 90–351, title I, § 2986, as added Pub. L.
107–273, div. C, title I, § 11027(b), Nov. 2, 2002, 116
Stat. 1834.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 3797y–1 of
Title 42, The Public Health and Welfare, prior to edi-
torial reclassification and renumbering as this section.
§ 10643. Statewide strategic prevention plan
(a) In general
A statewide strategic prevention plan shall be
used by the rural State to assist local commu-
nities, both directly and through existing State
programs and services, in building comprehen-
sive, strategic, and innovative approaches to re-
ducing crime, violence, and substance abuse
based on local conditions and needs.
(b) Goals
The plan must contain statewide long-term
goals and measurable annual objectives for re-
ducing crime, violence, and substance abuse.
(c) Accountability
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Page 191
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 10651
Rural States Act of 2002’’, see section 11027(a) of Pub. L.
107–273, set out as a Short Title of 2002 Act note under
section 10101 of this title.
§ 10642. Use of funds
(a) In general
A capacity building grant shall be used to de-
velop a statewide strategic plan as described in
section 10643 of this title to prevent and reduce
crime, violence, and substance abuse.
(b) Permissive use
A rural State may also use its grant to provide
training and technical assistance to commu-
nities and promote innovation in the develop-
ment of policies, technologies, and programs to
prevent and reduce crime.
(c) Data collection
A rural State may use up to 5 percent of the
grant to assist grant recipients in collecting
statewide data related to the costs of crime, vio-
lence, and substance abuse for purposes of sup-
porting the statewide strategic plan.
(Pub. L. 90–351, title I, § 2986, as added Pub. L.
107–273, div. C, title I, § 11027(b), Nov. 2, 2002, 116
Stat. 1834.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 3797y–1 of
Title 42, The Public Health and Welfare, prior to edi-
torial reclassification and renumbering as this section.
§ 10643. Statewide strategic prevention plan
(a) In general
A statewide strategic prevention plan shall be
used by the rural State to assist local commu-
nities, both directly and through existing State
programs and services, in building comprehen-
sive, strategic, and innovative approaches to re-
ducing crime, violence, and substance abuse
based on local conditions and needs.
(b) Goals
The plan must contain statewide long-term
goals and measurable annual objectives for re-
ducing crime, violence, and substance abuse.
(c) Accountability
The rural State shall be required to develop
and report in its plan relevant performance tar-
gets and measures for the goals and objectives
to track changes in crime, violence, and sub-
stance abuse.
(d) Consultation
The rural State shall form a State crime free
communities commission that includes rep-
resentatives of State and local government, and
community leaders who will provide advice and
recommendations on relevant community goals
and objectives, and performance targets and
measures.
(Pub. L. 90–351, title I, § 2987, as added Pub. L.
107–273, div. C, title I, § 11027(b), Nov. 2, 2002, 116
Stat. 1834.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 3797y–2 of
Title 42, The Public Health and Welfare, prior to edi-
torial reclassification and renumbering as this section.
§ 10644. Requirements
(a) Training and technical assistance
The rural State shall provide training and
technical assistance, including through such
groups as the National Crime Prevention Coun-
cil, to assist local communities in developing
Crime Prevention Plans that reflect statewide
strategic goals and objectives, and performance
targets and measures.
(b) Reports
The rural State shall provide a report on its
statewide strategic plan to the Attorney Gen-
eral, including information about—
(1) involvement of relevant State-level agen-
cies to assist communities in the development
and implementation of their Crime Prevention
Plans;
(2) support for local applications for Commu-
nity Grants; and
(3) community progress toward reducing
crime, violence, and substance abuse.
(c) Certification
Beginning in the third year of the program,
States must certify that the local grantee’s
project funded under the community grant is
generally consistent with statewide strategic
goals and objectives, and performance targets
and measures.
(Pub. L. 90–351, title I, § 2988, as added Pub. L.
107–273, div. C, title I, § 11027(b), Nov. 2, 2002, 116
Stat. 1835.)
Editorial Notes
CODIFICATION
Section was formerly classified to section 3797y–3 of
Title 42, The Public Health and Welfare, prior to edi-
torial reclassification and renumbering as this section.
SUBCHAPTER XXXIII—ADULT AND JUVE-
NILE
COLLABORATION
PROGRAM
GRANTS
§ 10651. Adult and juvenile collaboration pro-
grams
(a) Definitions
In this section, the following definitions shall
apply:
(1) Applicant
The term ‘‘applicant’’ means States, units of
local government, Indian tribes, and tribal or-
ganizations that apply for a grant under this
section.
(2) Collaboration program
The term ‘‘collaboration program’’ means a
program to promote public safety by ensuring
access to adequate mental health and other
treatment services for mentally ill adults or
juveniles that is overseen cooperatively by—
(A) a criminal or juvenile justice agency or
a mental health court; and
(B) a mental health agency.
(3) Criminal or juvenile justice agency
The term ‘‘criminal or juvenile justice agen-
cy’’ means an agency of a State or local gov-
ernment or its contracted agency that is re-
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TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 10651
sponsible for detection, arrest, enforcement,
prosecution, defense, adjudication, incarcer-
ation, probation, or parole relating to the vio-
lation of the criminal laws of that State or
local government.
(4) Diversion and alternative prosecution and
sentencing
(A) In general
The terms ‘‘diversion’’ and ‘‘alternative
prosecution and sentencing’’ mean the ap-
propriate use of effective mental health
treatment alternatives to juvenile justice or
criminal justice system institutional place-
ments for preliminarily qualified offenders.
(B) Appropriate use
In this paragraph, the term ‘‘appropriate
use’’ includes the discretion of the judge or
supervising authority, the leveraging of
graduated sanctions to encourage compli-
ance with treatment, and law enforcement
diversion,
including
crisis
intervention
teams.
(C) Graduated sanctions
In this paragraph, the term ‘‘graduated
sanctions’’ means an accountability-based
graduated series of sanctions (including in-
centives, treatments, and services) applica-
ble to mentally ill offenders within both the
juvenile and adult justice system to hold in-
dividuals accountable for their actions and
to protect communities by providing appro-
priate sanctions for inducing law-abiding be-
havior and preventing subsequent involve-
ment in the criminal justice system.
(5) Mental health agency
The term ‘‘mental health agency’’ means an
agency of a State or local government or its
contracted agency that is responsible for men-
tal health services or co-occurring mental
health and substance abuse services.
(6) Mental health court
The term ‘‘mental health court’’ means a ju-
dicial program that meets the requirements of
subchapter XXI of this chapter.
(7) Mental illness; mental health disorder
The terms ‘‘mental illness’’ and ‘‘mental
health disorder’’ mean 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)(i) that, in the case of an adult, has re-
sulted in functional impairment that sub-
stantially interferes with or limits 1 or more
major life activities; or
(ii) that, in the case of a juvenile, has re-
sulted in functional impairment that sub-
stantially interferes with or limits the juve-
nile’s role or functioning in family, school,
or community activities.
(8) Nonviolent offense
The term ‘‘nonviolent offense’’ means an of-
fense that does not have as an element the
use, attempted use, or threatened use of phys-
ical force against the person or property of an-
other or is not a felony that by its nature in-
volves a substantial risk that physical force
against the person or property of another may
be used in the course of committing the of-
fense.
(9) Preliminarily qualified offender
(A) In general
The term ‘‘preliminarily qualified of-
fender’’ means an adult or juvenile accused
of an offense who—
(i)(I) previously or currently has been di-
agnosed by a qualified mental health pro-
fessional as having a mental illness or co-
occurring mental illness and substance
abuse disorders;
(II) manifests obvious signs of mental ill-
ness or co-occurring mental illness and
substance abuse disorders during arrest or
confinement or before any court; or
(III) in the case of a veterans treatment
court provided under subsection (i), has
been diagnosed with, or manifests obvious
signs of, mental illness or a substance
abuse disorder or co-occurring mental ill-
ness and substance abuse disorder;
(ii) has been unanimously approved for
participation in a program funded under
this section by, when appropriate—
(I) the relevant—
(aa) prosecuting attorney;
(bb) defense attorney;
(cc) probation or corrections official;
and
(dd) judge; and
(II) a representative from the relevant
mental health agency described in sub-
section (b)(5)(B)(i);
(iii) has been determined, by each person
described in clause (ii) who is involved in
approving the adult or juvenile for partici-
pation in a program funded under this sec-
tion, to not pose a risk of violence to any
person in the program, or the public, if se-
lected to participate in the program; and
(iv) has not been charged with or con-
victed of—
(I) any sex offense (as defined in sec-
tion 20911 of this title) or any offense re-
lating to the sexual exploitation of chil-
dren; or
(II) murder or assault with intent to
commit murder.
(B) Determination
In determining whether to designate a de-
fendant as a preliminarily qualified offender,
the relevant prosecuting attorney, defense
attorney, probation or corrections official,
judge, and mental health or substance abuse
agency representative shall take into ac-
count—
(i) whether the participation of the de-
fendant in the program would pose a sub-
stantial risk of violence to the commu-
nity;
(ii) the criminal history of the defendant
and the nature and severity of the offense
for which the defendant is charged;
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§ 10651
(iii) the views of any relevant victims to
the offense;
(iv) the extent to which the defendant
would benefit from participation in the
program;
(v) the extent to which the community
would realize cost savings because of the
defendant’s participation in the program;
and
(vi) whether the defendant satisfies the
eligibility criteria for program participa-
tion unanimously established by the rel-
evant prosecuting attorney, defense attor-
ney, probation or corrections official,
judge and mental health or substance
abuse agency representative.
(10) Secretary
The term ‘‘Secretary’’ means the Secretary
of Health and Human Services.
(11) Unit of local government
The term ‘‘unit of local government’’ means
any city, county, township, town, borough,
parish, village, or other general purpose polit-
ical subdivision of a State, including a State
court, local court, or a governmental agency
located within a city, county, township, town,
borough, parish, or village.
(b) Planning and implementation grants
(1) In general
The Attorney General, in consultation with
the
Secretary,
may
award
nonrenewable
grants to eligible applicants to prepare a com-
prehensive plan for and implement an adult or
juvenile collaboration program, which targets
preliminarily qualified offenders in order to
promote public safety and public health.
(2) Purposes
Grants awarded under this section shall be
used to create or expand—
(A) mental health courts or other court-
based programs for preliminarily qualified
offenders;
(B) programs that offer specialized train-
ing to the officers and employees of a crimi-
nal or juvenile justice agency and mental
health personnel serving those with co-oc-
curring mental illness and substance abuse
problems in procedures for identifying the
symptoms of preliminarily qualified offend-
ers in order to respond appropriately to indi-
viduals with such illnesses;
(C) programs that support cooperative ef-
forts by criminal and juvenile justice agen-
cies and mental health agencies to promote
public safety by offering mental health
treatment services and, where appropriate,
substance abuse treatment services for—
(i) preliminarily qualified offenders with
mental illness or co-occurring mental ill-
ness and substance abuse disorders; or
(ii) adult offenders with mental illness
during periods of incarceration, while
under the supervision of a criminal justice
agency, or following release from correc-
tional facilities; and
(D) programs that support intergovern-
mental cooperation between State and local
governments with respect to the mentally ill
offender.
(3) Applications
(A) In general
To receive a planning grant or an imple-
mentation grant, the joint applicants shall
prepare and submit a single application to
the Attorney General at such time, in such
manner, and containing such information as
the Attorney General and the Secretary
shall reasonably require. An application
under subchapter XXI of this chapter may be
made in conjunction with an application
under this section.
(B) Combined planning and implementation
grant application
The Attorney General and the Secretary
shall develop a procedure under which appli-
cants may apply at the same time and in a
single application for a planning grant and
an implementation grant, with receipt of the
implementation grant conditioned on suc-
cessful completion of the activities funded
by the planning grant.
(4) Planning grants
(A) Application
The joint applicants may apply to the At-
torney General for a nonrenewable planning
grant to develop a collaboration program.
(B) Contents
The Attorney General and the Secretary
may not approve a planning grant unless the
application for the grant includes or pro-
vides, at a minimum, for a budget and a
budget justification, a description of the
outcome measures that will be used to meas-
ure the effectiveness of the program in pro-
moting public safety and public health, the
activities proposed (including the provision
of
substance
abuse
treatment
services,
where appropriate) and a schedule for com-
pletion of such activities, and the personnel
necessary to complete such activities.
(C) Period of grant
A planning grant shall be effective for a
period of 1 year, beginning on the first day of
the month in which the planning grant is
made. Applicants may not receive more than
1 such planning grant.
(D) Collaboration set aside
Up to 5 percent of all planning funds shall
be used to foster collaboration between
State and local governments in furtherance
of the purposes set forth in the Mentally Ill
Offender Treatment and Crime Reduction
Act of 2004.
(5) Implementation grants
(A) Application
Joint applicants that have prepared a
planning grant application may apply to the
Attorney General for approval of a non-
renewable implementation grant to develop
a collaboration program.
(B) Collaboration
To receive an implementation grant, the
joint applicants shall—
(i) document that at least 1 criminal or
juvenile justice agency (which can include
Page 194
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 10651
a mental health court) and 1 mental health
agency will participate in the administra-
tion of the collaboration program;
(ii) describe the responsibilities of each
participating agency, including how each
agency will use grant resources to provide
supervision of offenders and jointly ensure
that the provision of mental health treat-
ment services and substance abuse services
for individuals with co-occurring mental
health and substance abuse disorders are
coordinated, which may range from con-
sultation or collaboration to integration
in a single setting or treatment model;
(iii) in the case of an application from a
unit of local government, document that a
State mental health authority has pro-
vided comment and review; and
(iv) involve, to the extent practicable, in
developing the grant application—
(I) preliminarily qualified offenders;
(II) the families and advocates of such
individuals under subclause (I); and
(III) advocates for victims of crime.
(C) Content
To be eligible for an implementation
grant, joint applicants shall comply with the
following:
(i) Definition of target population
Applicants for an implementation grant
shall—
(I) describe the population with mental
illness or co-occurring mental illness
and substance abuse disorders that is
targeted for the collaboration program;
and
(II) develop guidelines that can be used
by personnel of an adult or juvenile jus-
tice agency to identify preliminarily
qualified offenders.
(ii) Services
Applicants for an implementation grant
shall—
(I) ensure that preliminarily qualified
offenders who are to receive treatment
services under the collaboration program
will first receive individualized, vali-
dated, needs-based assessments to deter-
mine, plan, and coordinate the most ap-
propriate services for such individuals;
(II) specify plans for making mental
health, or mental health and substance
abuse, treatment services available and
accessible to preliminarily qualified of-
fenders at the time of their release from
the criminal justice system, including
outside of normal business hours;
(III) ensure that there are substance
abuse personnel available to respond ap-
propriately to the treatment needs of
preliminarily qualified offenders;
(IV) determine eligibility for Federal
benefits;
(V) ensure that preliminarily qualified
offenders served by the collaboration
program will have adequate supervision
and access to effective and appropriate
community-based mental health serv-
ices, including, in the case of individuals
with co-occurring mental health and
substance abuse disorders, coordinated
services, which may range from con-
sultation or collaboration to integration
in a single setting treatment model;
(VI) make available, to the extent
practicable, other support services that
will ensure the preliminarily qualified
offender’s successful reintegration into
the community (such as housing, edu-
cation, job placement, mentoring, and
health care and benefits, as well as the
services of faith-based and community
organizations for mentally ill individ-
uals served by the collaboration pro-
gram); and
(VII) include strategies, to the extent
practicable, to address developmental
and learning disabilities and problems
arising from a documented history of
physical or sexual abuse.
(D) Housing and job placement
Recipients of an implementation grant
may use grant funds to assist mentally ill
offenders compliant with the program in
seeking housing or employment assistance.
(E) Policies and procedures
Applicants for an implementation grant
shall strive to ensure prompt access to de-
fense counsel by criminal defendants with
mental illness who are facing charges that
would trigger a constitutional right to coun-
sel.
(F) Financial
Applicants for an implementation grant
shall—
(i) explain the applicant’s inability to
fund the collaboration program adequately
without Federal assistance;
(ii) specify how the Federal support pro-
vided will be used to supplement, and not
supplant, State, local, Indian tribe, or
tribal organization sources of funding that
would otherwise be available, including
billing third-party resources for services
already covered under programs (such as
Medicaid, Medicare, and the State Chil-
dren’s Insurance Program); and
(iii) outline plans for obtaining nec-
essary support and continuing the pro-
posed collaboration program following the
conclusion of Federal support.
(G) Outcomes
Applicants for an implementation grant
shall—
(i) identify methodology and outcome
measures, as required by the Attorney
General and the Secretary, to be used in
evaluating the effectiveness of the collabo-
ration program;
(ii) ensure mechanisms are in place to
capture data, consistent with the method-
ology and outcome measures under clause
(i); and
(iii) submit specific agreements from af-
fected agencies to provide the data needed
by the Attorney General and the Secretary
to accomplish the evaluation under clause
(i).
Page 195
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 10651
(H) State plans
Applicants for an implementation grant
shall describe how the adult or juvenile col-
laboration program relates to existing State
criminal or juvenile justice and mental
health plans and programs.
(I) Use of funds
Applicants that receive an implementation
grant may use funds for 1 or more of the fol-
lowing purposes:
(i) Mental health courts and diversion/al-
ternative prosecution and sentencing
programs
Funds may be used to create or expand
existing mental health courts that meet
program requirements established by the
Attorney General under subchapter XXI of
this chapter, other court-based programs,
or diversion and alternative prosecution
and sentencing programs (including crisis
intervention teams, treatment account-
ability services for communities, and
training for State and local prosecutors re-
lating to diversion programming and im-
plementation) that meet requirements es-
tablished by the Attorney General and the
Secretary.
(ii) Training
Funds may be used to create or expand
programs,
such
as
crisis
intervention
training, which offer specialized training
to—
(I) criminal justice system personnel
to identify and respond appropriately to
the unique needs of preliminarily quali-
fied offenders; or
(II) mental health system personnel to
respond appropriately to the treatment
needs of preliminarily qualified offend-
ers.
(iii) Service delivery
Funds may be used to create or expand
programs that promote public safety by
providing the services described in sub-
paragraph (C)(ii) to preliminarily qualified
offenders.
(iv) In-jail and transitional services
Funds may be used to promote and pro-
vide mental health treatment and transi-
tional services for those incarcerated or
for transitional re-entry programs for
those released from any penal or correc-
tional institution.
(v) Teams addressing frequent users of cri-
sis services
Multidisciplinary teams that—
(I) coordinate, implement, and admin-
ister community-based crisis responses
and long-term plans for frequent users of
crisis services;
(II) provide training on how to respond
appropriately to the unique issues in-
volving frequent users of crisis services
for public service personnel, including
criminal justice, mental health, sub-
stance
abuse,
emergency
room,
healthcare,
law
enforcement,
correc-
tions, and housing personnel;
(III) develop or support alternatives to
hospital and jail admissions for frequent
users of crisis services that provide
treatment, stabilization, and other ap-
propriate supports in the least restric-
tive, yet appropriate, environment;
(IV) develop protocols and systems
among law enforcement, mental health,
substance abuse, housing, corrections,
and emergency medical service oper-
ations to provide coordinated assistance
to frequent users of crisis services; and
(V) coordinate, implement, and admin-
ister models to address mental health
calls that include specially trained offi-
cers and mental health crisis workers re-
sponding to those calls together.
(vi) Suicide prevention services
Funds may be used to develop, promote,
and implement comprehensive suicide pre-
vention programs and services for incar-
cerated individuals that include ongoing
risk assessment.
(vii) Case management services
Funds may be used for case management
services for preliminary qualified offenders
and individuals who are released from any
penal or correctional institution to—
(I) reduce recidivism; and
(II) assist those individuals with re-
entry into the community.
(viii) Enhancing community capacity and
links to mental health care
Funds may be used to support, admin-
ister, or develop treatment capacity and
increase access to mental health care and
substance use disorder services for prelimi-
nary qualified offenders and individuals
who are released from any penal or correc-
tional institution.
(ix) Implementing 988
Funds may be used to support the efforts
of State and local governments to imple-
ment and expand the integration of the 988
universal telephone number designated for
the purpose of the national suicide preven-
tion and mental health crisis hotline sys-
tem under section 251(e)(4) of title 47, in-
cluding by hiring staff to support the im-
plementation and expansion.
(J) Geographic distribution of grants
The Attorney General, in consultation
with the Secretary, shall ensure that plan-
ning and implementation grants are equi-
tably distributed among the geographical re-
gions of the United States and between
urban and rural populations.
(K) Teams addressing mental health calls
With respect to a multidisciplinary team
described in subparagraph (I)(v) that re-
ceives funds from a grant under this section,
the multidisciplinary team—
(i) shall, to the extent practicable, pro-
vide response capability 24 hours each day
and 7 days each week to respond to crisis
or mental health calls; and
(ii) may place a part of the team in a 911
call center to facilitate the timely re-
sponse to mental health crises.
Page 196
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 10651
(c) Priority
The Attorney General, in awarding funds
under this section, shall give priority to applica-
tions that—
(1) promote effective strategies by law en-
forcement to identify and to reduce risk of
harm to mentally ill offenders and public safe-
ty;
(2) promote effective strategies for identi-
fication and treatment of female mentally ill
offenders;
(3) promote effective strategies to expand
the use of mental health courts, including the
use of pretrial services and related treatment
programs for offenders;
(4) propose interventions that have been
shown by empirical evidence to reduce recidi-
vism;
(5) when appropriate, use validated assess-
ment tools to target preliminarily qualified
offenders with a moderate or high risk of re-
cidivism and a need for treatment and serv-
ices; or
(6)(A) demonstrate the strongest commit-
ment to ensuring that such funds are used to
promote both public health and public safety;
(B) demonstrate the active participation of
each co-applicant in the administration of the
collaboration program;
(C) document, in the case of an application
for a grant to be used in whole or in part to
fund treatment services for adults or juveniles
during periods of incarceration or detention,
that treatment programs will be available to
provide transition and reentry services for
such individuals; and
(D) have the support of both the Attorney
General and the Secretary.
(d) Matching requirements
(1) Federal share
The Federal share of the cost of a collabora-
tion program carried out by a State, unit of
local government, Indian tribe, or tribal orga-
nization under this section shall not exceed—
(A) 80 percent of the total cost of the pro-
gram during the first 2 years of the grant;
(B) 60 percent of the total cost of the pro-
gram in year 3; and
(C) 25 percent of the total cost of the pro-
gram in years 4 and 5.
(2) Non-Federal share
The non-Federal share of payments made
under this section may be made in cash or in-
kind fairly evaluated, including planned equip-
ment or services.
(e) Federal use of funds
The Attorney General, in consultation with
the Secretary, in administering grants under
this section, shall use not less than 6 percent of
funds appropriated to—
(1) research the use of alternatives to pros-
ecution through pretrial diversion in appro-
priate cases involving individuals with mental
illness;
(2) offer specialized training to personnel of
criminal and juvenile justice agencies in ap-
propriate diversion techniques;
(3) provide technical assistance to local gov-
ernments, mental health courts, and diversion
programs, including technical assistance re-
lating to program evaluation;
(4) help localities build public understanding
and support for community reintegration of
individuals with mental illness;
(5) develop a uniform program evaluation
process; and
(6) conduct a national evaluation of the col-
laboration program that will include an as-
sessment of its cost-effectiveness.
(f) Interagency task force
(1) In general
The Attorney General and the Secretary
shall establish an interagency task force with
the Secretaries of Housing and Urban Develop-
ment, Labor, Education, and Veterans Affairs
and the Commissioner of Social Security, or
their designees.
(2) Responsibilities
The task force established under paragraph
(1) shall—
(A) identify policies within their depart-
ments that hinder or facilitate local collabo-
rative initiatives for preliminarily qualified
offenders; and
(B) submit, not later than 2 years after Oc-
tober 30, 2004, a report to Congress con-
taining
recommendations
for
improved
interdepartmental collaboration regarding
the provision of services to preliminarily
qualified offenders.
(g) Collaboration set-aside
The Attorney General shall use not less than
8 percent of funds appropriated to provide tech-
nical assistance to State and local governments
receiving grants under this subchapter to foster
collaboration between such governments in fur-
therance of the purposes set forth in section 3 of
the Mentally Ill Offender Treatment and Crime
Reduction Act of 2004 (34 U.S.C. 10651 note).
(h) Law enforcement response to mentally ill of-
fenders improvement grants
(1) Authorization
The Attorney General is authorized to make
grants under this section to States, units of
local government, Indian tribes, and tribal or-
ganizations for the following purposes:
(A) Training programs
To provide for programs that offer law en-
forcement personnel specialized and com-
prehensive training in procedures to identify
and respond appropriately to incidents in
which the unique needs of individuals with
mental illnesses are involved, including the
training developed under section 10653 of
this title.
(B) Receiving centers
To provide for the development of special-
ized receiving centers to assess individuals
in the custody of law enforcement personnel
for suicide risk and mental health and sub-
stance abuse treatment needs.
(C) Improved technology
To provide for computerized information
systems (or to improve existing systems) to
provide timely information to law enforce-
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§ 10651
ment personnel and criminal justice system
personnel to improve the response of such
respective personnel to mentally ill offend-
ers.
(D) Cooperative programs
To provide for the establishment and ex-
pansion of cooperative efforts by criminal
and juvenile justice agencies and mental
health agencies to promote public safety
through the use of effective intervention
with respect to mentally ill offenders.
(E) Campus security personnel training
To provide for programs that offer campus
security personnel training in procedures to
identify and respond appropriately to inci-
dents in which the unique needs of individ-
uals with mental illnesses are involved.
(F) Academy training
To provide support for academy curricula,
law enforcement officer orientation pro-
grams, continuing education training, and
other programs that teach law enforcement
personnel how to identify and respond to in-
cidents
involving
persons
with
mental
health disorders or co-occurring mental
health and substance abuse disorders.
(2) BJA training models
For purposes of paragraph (1)(A), the Direc-
tor of the Bureau of Justice Assistance shall
develop training models for training law en-
forcement personnel in procedures to identify
and respond appropriately to incidents in
which the unique needs of individuals with
mental illnesses are involved, including sui-
cide prevention.
(3) Matching funds
The Federal share of funds for a program
funded by a grant received under this sub-
section may not exceed 50 percent of the costs
of the program. The non-Federal share of pay-
ments made for such a program may be made
in cash or in-kind fairly evaluated, including
planned equipment or services.
(4) Priority consideration
The Attorney General, in awarding grants
under this subsection, shall give priority to
programs that law enforcement personnel and
members of the mental health and substance
abuse professions develop and administer co-
operatively.
(i) Assisting veterans
(1) Definitions
In this subsection:
(A) Peer-to-peer services or programs
The term ‘‘peer-to-peer services or pro-
grams’’ means services or programs that
connect qualified veterans with other vet-
erans for the purpose of providing support
and mentorship to assist qualified veterans
in obtaining treatment, recovery, stabiliza-
tion, or rehabilitation.
(B) Qualified veteran
The term ‘‘qualified veteran’’ means a pre-
liminarily qualified offender who—
(i) served on active duty in any branch of
the Armed Forces, including the National
Guard or Reserves; and
(ii) was discharged or released from such
service under conditions other than dis-
honorable, unless the reason for the dis-
honorable discharge was attributable to a
substance abuse disorder.
(C) Veterans treatment court program
The term ‘‘veterans treatment court pro-
gram’’ means a court program involving col-
laboration among criminal justice, veterans,
and mental health and substance abuse
agencies that provides qualified veterans
with—
(i) intensive judicial supervision and
case management, which may include ran-
dom and frequent drug testing where ap-
propriate;
(ii) a full continuum of treatment serv-
ices, including mental health services, sub-
stance abuse services, medical services,
and services to address trauma;
(iii) alternatives to incarceration; or
(iv) other appropriate services, including
housing, transportation, mentoring, em-
ployment, job training, education, or as-
sistance in applying for and obtaining
available benefits.
(2) Veterans assistance program
(A) In general
The Attorney General, in consultation
with the Secretary of Veterans Affairs, may
award grants under this subsection to appli-
cants to establish or expand—
(i) veterans treatment court programs;
(ii) peer-to-peer services or programs for
qualified veterans;
(iii) practices that identify and provide
treatment, rehabilitation, legal, transi-
tional, and other appropriate services to
qualified veterans who have been incarcer-
ated; or
(iv) training programs to teach criminal
justice,
law
enforcement,
corrections,
mental health, and substance abuse per-
sonnel how to identify and appropriately
respond to incidents involving qualified
veterans.
(B) Priority
In awarding grants under this subsection,
the Attorney General shall give priority to
applications that—
(i) demonstrate collaboration between
and joint investments by criminal justice,
mental health, substance abuse, and vet-
erans service agencies;
(ii) promote effective strategies to iden-
tify and reduce the risk of harm to quali-
fied veterans and public safety; and
(iii) propose interventions with empir-
ical support to improve outcomes for
qualified veterans.
(j)
Forensic
assertive
community
treatment
(FACT) initiative program
(1) In general
The Attorney General may make grants to
States, units of local government, territories,
Indian Tribes, nonprofit agencies, or any com-
bination thereof, to develop, implement, or ex-
pand Assertive Community Treatment initia-
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§ 10651
tives to develop forensic assertive community
treatment (referred to in this subsection as
‘‘FACT’’) programs that provide high intensity
services in the community for individuals with
mental illness with involvement in the crimi-
nal justice system to prevent future incarcer-
ations.
(2) Allowable uses
Grant funds awarded under this subsection
may be used for—
(A) multidisciplinary team initiatives for
individuals with mental illnesses with crimi-
nal justice involvement that address crimi-
nal justice involvement as part of treatment
protocols;
(B) FACT programs that involve mental
health professionals, criminal justice agen-
cies,
chemical
dependency
specialists,
nurses, psychiatrists, vocational specialists,
forensic peer specialists, forensic specialists,
and dedicated administrative support staff
who work together to provide recovery ori-
ented, 24/7 wraparound services;
(C) services such as integrated evidence-
based practices for the treatment of co-oc-
curring mental health and substance-related
disorders, assertive outreach and engage-
ment, community-based service provision at
participants’ residence or in the community,
psychiatric rehabilitation, recovery oriented
services, services to address criminogenic
risk factors, and community tenure;
(D) payments for treatment providers that
are approved by the State or Indian Tribe
and licensed, if necessary, to provide needed
treatment to eligible offenders participating
in the program, including behavioral health
services and aftercare supervision; and
(E) training for all FACT teams to pro-
mote high-fidelity practice principles and
technical assistance to support effective and
continuing integration with criminal justice
agency partners.
(3) Supplement and not supplant
Grants made under this subsection shall be
used to supplement, and not supplant, non-
Federal funds that would otherwise be avail-
able for programs described in this subsection.
(4) Applications
To request a grant under this subsection, a
State, unit of local government, territory, In-
dian Tribe, or nonprofit agency shall submit
an application to the Attorney General in such
form and containing such information as the
Attorney General may reasonably require.
(k) Sequential intercept grants
(1) Definition
In this subsection, the term ‘‘eligible enti-
ty’’ means a State, unit of local government,
Indian tribe, or tribal organization.
(2) Authorization
The Attorney General may make grants
under this subsection to an eligible entity for
sequential intercept mapping and implementa-
tion in accordance with paragraph (3).
(3) Sequential intercept mapping; implementa-
tion
An eligible entity that receives a grant
under this subsection may use funds for—
(A) sequential intercept mapping, which—
(i) shall consist of—
(I) convening mental health and crimi-
nal justice stakeholders to—
(aa) develop a shared understanding
of the flow of justice-involved individ-
uals with mental illnesses through the
criminal justice system; and
(bb) identify opportunities for im-
proved collaborative responses to the
risks and needs of individuals de-
scribed in item (aa); and
(II) developing strategies to address
gaps in services and bring innovative and
effective programs to scale along mul-
tiple intercepts, including—
(aa) emergency and crisis services;
(bb)
specialized
police-based
re-
sponses;
(cc) court hearings and disposition
alternatives;
(dd) reentry from jails and prisons;
and
(ee) community supervision, treat-
ment and support services; and
(ii) may serve as a starting point for the
development of strategic plans to achieve
positive public health and safety out-
comes; and
(B) implementation, which shall—
(i) be derived from the strategic plans
described in subparagraph (A)(ii); and
(ii) consist of—
(I) hiring and training personnel;
(II) identifying the eligible entity’s
target population;
(III) providing services and supports to
reduce unnecessary penetration into the
criminal justice system;
(IV) reducing recidivism;
(V) evaluating the impact of the eligi-
ble entity’s approach; and
(VI) planning for the sustainability of
effective interventions.
(l) Correctional facilities
(1) Definitions
(A) Correctional facility
The term ‘‘correctional facility’’ means a
jail, prison, or other detention facility used
to house people who have been arrested, de-
tained, held, or convicted by a criminal jus-
tice agency or a court.
(B) Eligible inmate
The term ‘‘eligible inmate’’ means an indi-
vidual who—
(i) is being held, detained, or incarcer-
ated in a correctional facility; and
(ii) manifests obvious signs of a mental
illness or has been diagnosed by a qualified
mental health professional as having a
mental illness.
(2) Correctional facility grants
The Attorney General may award grants to
applicants to enhance the capabilities of a cor-
rectional facility—
(A) to identify and screen for eligible in-
mates;
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TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 10651
(B) to plan and provide—
(i) initial and periodic assessments of the
clinical, medical, and social needs of in-
mates; and
(ii) appropriate treatment and services
that address the mental health and sub-
stance abuse needs of inmates;
(C) to develop, implement, and enhance—
(i) post-release transition plans for eligi-
ble inmates that, in a comprehensive man-
ner, coordinate health, housing, medical,
employment, and other appropriate serv-
ices and public benefits;
(ii) the availability of mental health
care services and substance abuse treat-
ment services; and
(iii) alternatives to solitary confinement
and segregated housing and mental health
screening
and
treatment
for
inmates
placed in solitary confinement or seg-
regated housing; and
(D) to train each employee of the correc-
tional facility to identify and appropriately
respond to incidents involving inmates with
mental health or co-occurring mental health
and substance abuse disorders.
(m) Accountability
All grants awarded by the Attorney General
under this section shall be subject to the fol-
lowing accountability provisions:
(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 that the audited
grantee has utilized grant funds for an unau-
thorized expenditure or otherwise unallow-
able cost that is not closed or resolved with-
in 12 months from the date when the 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 recipients of grants under this section to
prevent waste, fraud, and abuse of funds by
grantees. The Inspector General shall deter-
mine the appropriate number of grantees to
be audited each year.
(C) Mandatory exclusion
A recipient of grant funds under this sec-
tion that is found to have an unresolved
audit finding shall not be eligible to receive
grant funds under this section during the
first 2 fiscal years beginning after the end of
the 12-month period described in subpara-
graph (A).
(D) Priority
In awarding grants under this section, the
Attorney General shall give priority to eligi-
ble applicants that did not have an unre-
solved audit finding during the 3 fiscal years
before submitting an application for a grant
under this section.
(E) Reimbursement
If an entity is awarded grant funds under
this section during the 2-fiscal-year period
during which the entity is barred from re-
ceiving grants under subparagraph (C), the
Attorney General shall—
(i) deposit an amount equal to the
amount of the grant funds that were im-
properly awarded to the grantee into the
General Fund of the Treasury; and
(ii) seek to recoup the costs of the repay-
ment to the fund from the grant recipient
that was erroneously awarded grant funds.
(2) Nonprofit organization requirements
(A) Definition
For purposes of this paragraph and the
grant programs under this subchapter, the
term ‘‘nonprofit organization’’ means an or-
ganization that is described in section
501(c)(3) of title 26 and is exempt from tax-
ation under section 501(a) of such title.
(B) Prohibition
The Attorney General may not award a
grant under this subchapter to a nonprofit
organization that holds money in offshore
accounts for the purpose of avoiding paying
the tax described in section 511(a) of title 26.
(C) Disclosure
Each nonprofit organization that is award-
ed a grant under this section and uses the
procedures prescribed in regulations to cre-
ate a rebuttable presumption of reasonable-
ness for the compensation of its officers, di-
rectors, trustees, and key employees, shall
disclose to the Attorney General, in the ap-
plication 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
shall make the information disclosed under
this subparagraph available for public in-
spection.
(3) Conference expenditures
(A) Limitation
No amounts made available to the Depart-
ment of Justice under this section may be
used by the Attorney General, or by any in-
dividual or entity awarded discretionary
funds through a cooperative agreement
under this section, to host or support any
expenditure for conferences that uses more
than $20,000 in funds made available by the
Department of Justice, unless the head of
the relevant agency or department, provides
prior written authorization that the funds
may be expended to host the conference.
(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.
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(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 audits issued by the Office of the
Inspector General under paragraph (1) have
been completed and reviewed by the appro-
priate Assistant Attorney General or Di-
rector;
(ii) all mandatory exclusions required
under paragraph (1)(C) have been issued;
and
(iii) all reimbursements required under
paragraph (1)(E) have been made; and
(B) that includes a list of any grant recipi-
ents excluded under paragraph (1) from the
previous year.
(n) 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 potential grant
awards with other grants awarded under this
Act to determine if duplicate grant awards are
awarded for the same purpose.
(2) Report
If the Attorney General awards duplicate
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 du-
plicate grants awarded; and
(B) the reason the Attorney General
awarded the duplicate grants.
(o) Authorization of appropriations
(1) In general
There is authorized to be appropriated to the
Department of Justice to carry out this sec-
tion $54,000,000 for each of fiscal years 2023
through 2027.
(2) Allocation of funding for administrative
purposes
For fiscal year 2009 and each subsequent fis-
cal year, of the amounts authorized under
paragraph (1) for such fiscal year, the Attor-
ney General may obligate not more than 3 per-
cent for the administrative expenses of the At-
torney General in carrying out this section for
such fiscal year.
(3) Limitation
Not more than 20 percent of the funds au-
thorized to be appropriated under this section
may be used for purposes described in sub-
section (i) (relating to veterans).
(Pub. L. 90–351, title I, § 2991, as added Pub. L.
108–414, § 4(a), Oct. 30, 2004, 118 Stat. 2328; amend-
ed Pub. L. 110–416, §§ 3, 4, Oct. 14, 2008, 122 Stat.
4352, 4353; Pub. L. 114–198, title V, § 502, July 22,
2016, 130 Stat. 728; Pub. L. 114–255, div. B, title
XIV, §§ 14005, 14018, 14021–14024, 14027, 14028(a),
14029, Dec. 13, 2016, 130 Stat. 1295, 1307–1311, 1313;
Pub. L. 115–391, title VI, § 612, Dec. 21, 2018, 132
Stat. 5247; Pub. L. 117–170, § 3(1), Aug. 16, 2022, 136
Stat. 2092; Pub. L. 117–323, § 2, Dec. 27, 2022, 136
Stat. 4437.)
Editorial Notes
REFERENCES IN TEXT
The Mentally Ill Offender Treatment and Crime Re-
duction Act of 2004, referred to in subsec. (b)(4)(D), is
Pub. L. 108–414, Oct. 30, 2004, 118 Stat. 2327, which en-
acted this subchapter and provisions set out as notes
below. For complete classification of this Act to the
Code, see Short Title of 2004 Act note set out under sec-
tion 10101 of this title and Tables.
This Act, referred to in subsec. (n)(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 com-
plete classification 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 3797aa of
Title 42, The Public Health and Welfare, prior to edi-
torial reclassification and renumbering as this section.
AMENDMENTS
2022—Subsec. (b)(5)(I)(i). Pub. L. 117–323, § 2(1)(A), sub-
stituted ‘‘teams, treatment accountability services for
communities, and training for State and local prosecu-
tors relating to diversion programming and implemen-
tation’’ for ‘‘teams and treatment accountability serv-
ices for communities’’.
Subsec. (b)(5)(I)(v)(V). Pub. L. 117–323, § 2(1)(B), added
subcl. V.
Subsec. (b)(5)(I)(vi) to (ix). Pub. L. 117–323, § 2(1)(C),
added cls. (vi) to (ix).
Subsec. (b)(5)(K). Pub. L. 117–323, § 2(2), added subpar.
(K).
Subsec. (h)(1)(A). Pub. L. 117–170, § 3(1)(A), inserted be-
fore period at end ‘‘, including the training developed
under section 10653 of this title’’.
Subsec. (o)(1). Pub. L. 117–170, § 3(1)(B), amended par.
(1) generally. Prior to amendment, par. (1) authorized
appropriations for fiscal years 2005 to 2007 and 2017 to
2021.
2018—Subsec. (b)(4)(D), (E). Pub. L. 115–391, § 612(1)(A),
(B), redesignated subpar. (E) as (D) and struck out
former subpar. (D). Prior to amendment, text of subpar.
(D) read as follows: ‘‘The amount of a planning grant
may not exceed $75,000, except that the Attorney Gen-
eral may, for good cause, approve a grant in a higher
amount.’’
Subsec. (e). Pub. L. 115–391, § 612(2), substituted ‘‘shall
use not less than 6 percent’’ for ‘‘may use up to 3 per-
cent’’ in introductory provisions.
Subsec. (g). Pub. L. 115–391, § 612(3), amended subsec.
(g) generally. Prior to amendment, text read as follows:
‘‘Unless all eligible applications submitted by any
State or unit of local government within such State for
a planning or implementation grant under this section
have been funded, such State, together with grantees
within the State (other than Indian tribes), shall be al-
located in each fiscal year under this section not less
than 0.75 percent of the total amount appropriated in
the fiscal year for planning or implementation grants
pursuant to this section.’’
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TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 10651
2016—Subsec. (a)(7). Pub. L. 114–255, § 14028(a)(1), sub-
stituted ‘‘Mental illness; mental health disorder’’ for
‘‘Mental illness’’ in heading and ‘‘terms ‘mental illness’
and ‘mental health disorder’ mean’’ for ‘‘term ‘mental
illness’ means’’ in introductory provisions.
Subsec. (a)(9). Pub. L. 114–255, § 14028(a)(2), added par.
(9) and struck out former par. (9) which defined the
term ‘‘preliminarily qualified offender’’.
Subsec. (b)(5)(I)(v). Pub. L. 114–255, § 14023, added cl.
(v).
Subsec. (c)(4) to (6). Pub. L. 114–255, § 14027, added
pars. (4) and (5) and redesignated former par. (4) as (6).
Subsec. (h)(1)(F). Pub. L. 114–255, § 14024(1), added sub-
par. (F).
Subsec. (h)(4). Pub. L. 114–255, § 14024(2), added par. (4).
Subsec. (i). Pub. L. 114–198, § 502(2), added subsec. (i).
Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 114–255, § 14005(2), added subsec. (j).
Former subsec. (j) redesignated (o).
Pub. L. 114–198, § 502(1), redesignated subsec. (i) as (j).
Subsec. (k). Pub. L. 114–255, § 14021, added subsec. (k).
Subsec. (l). Pub. L. 114–255, § 14022, added subsec. (l).
Subsecs. (m), (n). Pub. L. 114–255, § 14029, added sub-
secs. (m) and (n).
Subsec. (o). Pub. L. 114–255, § 14005(1), redesignated
subsec. (j) as (o).
Subsec. (o)(1)(C). Pub. L. 114–255, § 14018(1), substituted
‘‘2017 through 2021’’ for ‘‘2009 through 2014’’.
Subsec. (o)(3). Pub. L. 114–255, § 14018(2), added par. (3).
2008—Subsec. (c). Pub. L. 110–416, § 3(c), amended sub-
sec. (c) generally. Prior to amendment, text read as fol-
lows:
‘‘The Attorney General, in awarding funds under this
section, shall give priority to applications that—
‘‘(1) demonstrate the strongest commitment to en-
suring that such funds are used to promote both pub-
lic health and public safety;
‘‘(2) demonstrate the active participation of each
co-applicant in the administration of the collabora-
tion program;
‘‘(3) document, in the case of an application for a
grant to be used in whole or in part to fund treatment
services for adults or juveniles during periods of in-
carceration or detention, that treatment programs
will be available to provide transition and re-entry
services for such individuals; and
‘‘(4) have the support of both the Attorney General
and the Secretary.’’
Subsec. (h). Pub. L. 110–416, § 4(2), added subsec. (h).
Former subsec. (h) redesignated (i).
Pub. L. 110–416, § 3(b), designated existing provisions
as par. (1), inserted heading, redesignated former pars.
(1) to (3) as subpars. (A) to (C), respectively, realigned
margins, and added par. (2).
Pub. L. 110–416, § 3(a), substituted ‘‘for each of the fis-
cal years 2006 and 2007; and’’ for ‘‘for fiscal years 2006
through 2009.’’ in par. (2) and added par. (3).
Subsec. (i). Pub. L. 110–416, § 4(1), redesignated subsec.
(h) as (i).
Statutory Notes and Related Subsidiaries
FINDINGS
Pub. L. 110–416, § 2, Oct. 14, 2008, 122 Stat. 4352, pro-
vided that: ‘‘Congress finds the following:
‘‘(1) Communities nationwide are struggling to re-
spond to the high numbers of people with mental ill-
nesses involved at all points in the criminal justice
system.
‘‘(2) A 1999 study by the Department of Justice esti-
mated that 16 percent of people incarcerated in pris-
ons and jails in the United States, which is more than
300,000 people, suffer from mental illnesses.
‘‘(3) Los Angeles County Jail and New York’s
Rikers Island jail complex hold more people with
mental illnesses than the largest psychiatric inpa-
tient facilities in the United States.
‘‘(4) State prisoners with a mental health problem
are twice as likely as those without a mental health
problem to have been homeless in the year before
their arrest.’’
Pub. L. 108–414, § 2, Oct. 30, 2004, 118 Stat. 2327, pro-
vided that: ‘‘Congress finds the following:
‘‘(1) According to the Bureau of Justice Statistics,
over 16 percent of adults incarcerated in United
States jails and prisons have a mental illness.
‘‘(2) According to the Office of Juvenile Justice and
Delinquency Prevention, approximately 20 percent of
youth in the juvenile justice system have serious
mental health problems, and a significant number
have co-occurring mental health and substance abuse
disorders.
‘‘(3) According to the National Alliance for the
Mentally Ill, up to 40 percent of adults who suffer
from a serious mental illness will come into contact
with the American criminal justice system at some
point in their lives.
‘‘(4) According to the Office of Juvenile Justice and
Delinquency Prevention, over 150,000 juveniles who
come into contact with the juvenile justice system
each year meet the diagnostic criteria for at least 1
mental or emotional disorder.
‘‘(5) A significant proportion of adults with a seri-
ous mental illness who are involved with the criminal
justice system are homeless or at imminent risk of
homelessness, and many of these individuals are ar-
rested and jailed for minor, nonviolent offenses.
‘‘(6) The majority of individuals with a mental ill-
ness or emotional disorder who are involved in the
criminal or juvenile justice systems are responsive to
medical and psychological interventions that inte-
grate treatment, rehabilitation, and support services.
‘‘(7) Collaborative programs between mental health,
substance abuse, and criminal or juvenile justice sys-
tems that ensure the provision of services for those
with mental illness or co-occurring mental illness
and substance abuse disorders can reduce the number
of such individuals in adult and juvenile corrections
facilities, while providing improved public safety.’’
PURPOSE
Pub. L. 108–414, § 3, Oct. 30, 2004, 118 Stat. 2328, pro-
vided that: ‘‘The purpose of this Act [see Short Title of
2004 Act note set out under section 10101 of this title]
is to increase public safety by facilitating collabora-
tion among the criminal justice, juvenile justice, men-
tal health treatment, and substance abuse systems.
Such collaboration is needed to—
‘‘(1) protect public safety by intervening with adult
and juvenile offenders with mental illness or co-oc-
curring mental illness and substance abuse disorders;
‘‘(2) provide courts, including existing and new
mental health courts, with appropriate mental health
and substance abuse treatment options;
‘‘(3) maximize the use of alternatives to prosecution
through graduated sanctions in appropriate cases in-
volving nonviolent offenders with mental illness;
‘‘(4) promote adequate training for criminal justice
system personnel about mental illness and substance
abuse disorders and the appropriate responses to peo-
ple with such illnesses;
‘‘(5) promote adequate training for mental health
and substance abuse treatment personnel about
criminal offenders with mental illness or co-occur-
ring substance abuse disorders and the appropriate
response to such offenders in the criminal justice sys-
tem;
‘‘(6) promote communication among adult or juve-
nile justice personnel, mental health and co-occur-
ring mental illness and substance abuse disorders
treatment personnel, nonviolent offenders with men-
tal illness or co-occurring mental illness and sub-
stance abuse disorders, and support services such as
housing, job placement, community, faith-based, and
crime victims organizations; and
‘‘(7) promote communication, collaboration, and
intergovernmental partnerships among municipal,
county, and State elected officials with respect to
mentally ill offenders.’’
Page 202
TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT
§ 10651a
§ 10651a. Veteran Treatment Court Program
(a) Establishment
Subject to the availability of appropriations,
in coordination with the Secretary of Veterans
Affairs, the Attorney General shall establish and
carry out a Veteran Treatment Court Program
to provide grants and technical assistance to
court systems that—
(1) have adopted a Veterans Treatment
Court Program; or
(2) have filed a notice of intent to establish
a Veterans Treatment Court Program with the
Secretary.
(b) Purpose
The purpose of the Veterans Treatment Court
Program established under subsection (a) is to
ensure the Department of Justice has a single
office to coordinate the provision of grants,
training, and technical assistance to help State,
local, and Tribal governments to develop and
maintain veteran treatment courts.
(c) Programs included
The Veterans Treatment Court Program es-
tablished under subsection (a) shall include the
grant programs relating to veterans treatment
courts carried out by the Attorney General pur-
suant to sections 10651 and 10701 of this title or
any other provision of law.
(d) Regulations
The Attorney General shall promulgate regu-
lations to carry out this section.
(Pub. L. 116–153, § 3, Aug. 8, 2020, 134 Stat. 688.)
Editorial Notes
CODIFICATION
Section was enacted as part of the Veteran Treat-
ment Court Coordination Act of 2019, and not as part of
the Omnibus Crime Control and Safe Streets Act of 1968
which comprises this chapter.
§ 10652. National criminal justice and mental
health training and technical assistance
(a) Authority
The Attorney General may make grants to eli-
gible organizations to provide for the establish-
ment of a National Criminal Justice and Mental
Health Training and Technical Assistance Cen-
ter.
(b) Eligible organization
For purposes of subsection (a), the term ‘‘eligi-
ble organization’’ means a national nonprofit or-
ganization that provides technical assistance
and training to, and has special expertise and
broad, national-level experience in, mental
health, crisis intervention, criminal justice sys-
tems, law enforcement, translating evidence
into practice, training, and research, and edu-
cation and support of people with mental illness
and the families of such individuals.
(c) Use of funds
Any organization that receives a grant under
subsection (a) shall collaborate with other grant
recipients to establish and operate a National
Criminal Justice and Mental Health Training
and Technical Assistance Center to—
(1) provide law enforcement officer training
regarding mental health and working with in-
dividuals with mental illnesses, with an em-
phasis on de-escalation of encounters between
law enforcement officers and those with men-
tal disorders or in crisis, which shall include
support the development of in-person and
technical information exchanges between sys-
tems and the individuals working in those sys-
tems in support of the concepts identified in
the training;
(2) provide education, training, and tech-
nical assistance for States, Indian tribes, ter-
ritories, units of local government, service
providers, nonprofit organizations, probation
or parole officers, prosecutors, defense attor-
neys, emergency response providers, and cor-
rections institutions to advance practice and
knowledge relating to mental health crisis and
approaches to mental health and criminal jus-
tice across systems;
(3) provide training and best practices to
mental health providers and criminal justice
agencies relating to diversion initiatives, jail
and prison strategies, reentry of individuals
with mental illnesses into the community, and
dispatch protocols and triage capabilities, in-
cluding the establishment of learning sites;
(4) develop suicide prevention and crisis
intervention training and technical assistance
for criminal justice agencies;
(5) develop a receiving center system and
pilot strategy that provides, for a jurisdiction,
a single point of entry into the mental health
and substance abuse system for assessments
and appropriate placement of individuals expe-
riencing a crisis;
(6) collect data and best practices in mental
health and criminal health and criminal jus-
tice initiatives and policies from grantees
under this subchapter, other recipients of
grants under this section, Federal, State, and
local agencies involved in the provision of
mental health services, and nongovernmental
organizations involved in the provision of
mental health services;
(7) develop and disseminate to mental health
providers and criminal justice agencies eval-
uation tools, mechanisms, and measures to
better assess and document performance meas-
ures and outcomes relating to the provision of
mental health services;
(8) disseminate information to States, units
of local government, criminal justice agencies,
law enforcement agencies, and other relevant
entities about best practices, policy standards,
and research findings relating to the provision
of mental health services; and
(9) provide education and support to individ-
uals with mental illness involved with, or at
risk of involvement with, the criminal justice
system, including the families of such individ-
uals.
(d) 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
Cross-references
Connections may be documented source relationships, shared citations or nearby passages. Each explains its basis; a connection alone does not establish applicability to your situation.
Federal law — U.S. Code and appendices · legal_authorities
**(a) Definitions** In this section, the following definitions shall apply:
(1) **Applicant** — The term “applicant” means States, units of local government, Indian tribes, and tribal organizations that apply for a grant under this section.
(2) **Collaboration program** — The term “collaboration program” means a program to promote public safety by ensuring access to adequate mental health and other treatment services for mentally ill adults or juveniles that is overseen cooperatively by—
(A) a criminal or juvenile justice agency or a mental health court; and
(B) a mental health agency.
(3) **Criminal or juvenile justice agency** — The term “criminal or juvenile justice agency” means an agency of a State or local government or its contracted agency that is responsible for detection, arrest, enforcement, prosecution, defense, adjudication, incarceration, probation, or parole relating to the violation of the criminal laws of that State or local government.
(4) **Diversion and alternative prosecution and sentencing**
(A) *In general* — The terms “diversion” and “alternative prosecution and sentencing” mean the appropriate use of effective mental health treatment alternatives to juvenile justice or criminal justice system institutional placements for preliminarily qualified offenders.
(B) *Appropriate use* — In this paragraph, the term “appropriate use” includes the discretion of the judge or supervising authority, the leveraging of graduated sanctions to encourage compliance with treatment, and law enforcement diversion, including crisis intervention teams.
(C) *Graduated sanctions* — In this paragraph, the term “graduated sanctions” means an accountability-based graduated series of sanctions (including incentives, treatments, and services) applicable to
Source: Supplied U.S. Code snapshot — release unconfirmed · 34 U.S.C. § 10651
Stored review status: release_metadata_unconfirmed. Same stored citation; legal effect and authority still require review.