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34 U.S.C. § 10651 — Adult and juvenile collaboration pro-

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34 U.S.C. § 10651 — Adult and juvenile collaboration pro-

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

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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- Page 192 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; Page 193 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 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- Page 197 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 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- Page 198 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 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; Page 199 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. Page 200 TITLE 34—CRIME CONTROL AND LAW ENFORCEMENT § 10651 (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.’’ Page 201 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

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Federal law — U.S. Code and appendices · legal_authorities

34 U.S.C. § 10651 — Adult and juvenile collaboration programs

**(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

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