1. U.S. Code
  2. title 34
  3. subtitle 2
  4. chapter 101
  5. subchapter XXI
  6. § 10473

Collapse to view only § 10473. Administration

§ 10471. Grant authorityThe Attorney General shall make grants to States, State courts, local courts, units of local government, and Indian tribal governments, acting directly or through agreements with other public or nonprofit entities, for not more than 100 programs that involve—
(1) continuing judicial supervision, including periodic review, over preliminarily qualified offenders with mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders, who are charged with misdemeanors or nonviolent offenses; and
(2) the coordinated delivery of services, which includes—
(A) specialized training of law enforcement and judicial personnel to identify and address the unique needs of a mentally ill or mentally retarded offender;
(B) voluntary outpatient or inpatient mental health treatment, in the least restrictive manner appropriate, as determined by the court, that carries with it the possibility of dismissal of charges or reduced sentencing upon successful completion of treatment, or court-ordered assisted outpatient treatment when the court has determined such treatment to be necessary;
(C) centralized case management involving the consolidation of all of a mentally ill or mentally retarded defendant’s cases, including violations of probation, and the coordination of all mental health treatment plans and social services, including life skills training, such as housing placement, vocational training, education, job placement, health care, and relapse prevention for each participant who requires such services; and
(D) continuing supervision of treatment plan compliance for a term not to exceed the maximum allowable sentence or probation for the charged or relevant offense and, to the extent practicable, continuity of psychiatric care at the end of the supervised period.
(Pub. L. 90–351, title I, § 2201, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2399; amended Pub. L. 114–255, div. B, title XIV, § 14002(a), Dec. 13, 2016, 130 Stat. 1288.)

CITE AS: 34 USC 10471

§ 10472. DefinitionsIn this subchapter—
(1) the term “mental illness” means a diagnosable mental, behavioral, or emotional disorder—
(A) of sufficient duration to meet diagnostic criteria within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and
(B) that has resulted in functional impairment that substantially interferes with or limits 1 or more major life activities;
(2) the term “preliminarily qualified offender with mental illness, mental retardation, or co-occurring mental and substance abuse disorders” means a person who—
(A)
(i) previously or currently has been diagnosed by a qualified mental health professional as having a mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders; or
(ii) manifests obvious signs of mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders during arrest or confinement or before any court; and
(B) is deemed eligible by designated judges;
(3) the term “court-ordered assisted outpatient treatment” means a program through which a court may order a treatment plan for an eligible patient that—
(A) requires such patient to obtain outpatient mental health treatment while the patient is not currently residing in a correctional facility or inpatient treatment facility; and
(B) is designed to improve access and adherence by such patient to intensive behavioral health services in order to—
(i) avert relapse, repeated hospitalizations, arrest, incarceration, suicide, property destruction, and violent behavior; and
(ii) provide such patient with the opportunity to live in a less restrictive alternative to incarceration or involuntary hospitalization; and
(4) the term “eligible patient” means an adult, mentally ill person who, as determined by a court—
(A) has a history of violence, incarceration, or medically unnecessary hospitalizations;
(B) without supervision and treatment, may be a danger to self or others in the community;
(C) is substantially unlikely to voluntarily participate in treatment;
(D) may be unable, for reasons other than indigence, to provide for any of his or her basic needs, such as food, clothing, shelter, health, or safety;
(E) has a history of mental illness or a condition that is likely to substantially deteriorate if the person is not provided with timely treatment; or
(F) due to mental illness, lacks capacity to fully understand or lacks judgment to make informed decisions regarding his or her need for treatment, care, or supervision.
(Pub. L. 90–351, title I, § 2202, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2400; amended Pub. L. 114–255, div. B, title XIV, § 14002(b), Dec. 13, 2016, 130 Stat. 1288.)

CITE AS: 34 USC 10472

§ 10473. Administration
(a) Consultation
(b) Use of components
(c) Regulatory authority
(d) Applications
In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this subchapter shall—
(1) include a long-term strategy and detailed implementation plan;
(2) explain the applicant’s inability to fund the program adequately without Federal assistance;
(3) certify that the Federal support provided will be used to supplement, and not supplant, State, Indian tribal, and local sources of funding that would otherwise be available;
(4) identify related governmental or community initiatives which complement or will be coordinated with the proposal;
(5) certify that there has been appropriate consultation with all affected agencies and that there will be appropriate coordination with all affected agencies in the implementation of the program, including the State mental health authority;
(6) certify that participating offenders will be supervised by one or more designated judges with responsibility for the mental health court program;
(7) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support;
(8) describe the methodology and outcome measures that will be used in evaluating the program; and
(9) certify that participating first time offenders without a history of a mental illness will receive a mental health evaluation.
(Pub. L. 90–351, title I, § 2203, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2400.)

CITE AS: 34 USC 10473

§ 10474. Applications

To request funds under this subchapter, the chief executive or the chief justice of a State or the chief executive or chief judge of a unit of local government or Indian tribal government shall submit to the Attorney General an application in such form and containing such information as the Attorney General may reasonably require.

(Pub. L. 90–351, title I, § 2204, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2401.)

CITE AS: 34 USC 10474

§ 10475. Federal share

The Federal share of a grant made under this subchapter may not exceed 75 percent of the total costs of the program described in the application submitted under section 10474 of this title for the fiscal year for which the program receives assistance under this subchapter, unless the Attorney General waives, wholly or in part, the requirement of a matching contribution under this section. The use of the Federal share of a grant made under this subchapter shall be limited to new expenses necessitated by the proposed program, including the development of treatment services and the hiring and training of personnel. In-kind contributions may constitute a portion of the non-Federal share of a grant.

(Pub. L. 90–351, title I, § 2205, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2401.)

CITE AS: 34 USC 10475

§ 10476. Geographic distribution

The Attorney General shall ensure that, to the extent practicable, an equitable geographic distribution of grant awards is made that considers the special needs of rural communities, Indian tribes, and Alaska Natives.

(Pub. L. 90–351, title I, § 2206, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2401.)

CITE AS: 34 USC 10476

§ 10477. Report

A State, Indian tribal government, or unit of local government that receives funds under this subchapter during a fiscal year shall submit to the Attorney General a report in March of the following year regarding the effectiveness of this subchapter.

(Pub. L. 90–351, title I, § 2207, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2402.)

CITE AS: 34 USC 10477

§ 10478. Technical assistance, training, and evaluation
(a) Technical assistance and training
(b) Evaluations
(c) Administration
(Pub. L. 90–351, title I, § 2208, as added Pub. L. 106–515, § 3(a), Nov. 13, 2000, 114 Stat. 2402.)

CITE AS: 34 USC 10478

§ 10479. Mental health responses in the judicial system
(a) Pretrial screening and supervision
(1) In general
(2) Allowable usesGrants awarded under this subsection may be may be used for—
(A) behavioral health needs and risk screening of defendants, including verification of interview information, mental health evaluation, and criminal history screening;
(B) assessment of risk of pretrial misconduct through objective, statistically validated means, and presentation to the court of recommendations based on such assessment, including services that will reduce the risk of pre-trial misconduct;
(C) followup review of defendants unable to meet the conditions of pretrial release;
(D) evaluation of process and results of pre-trial service programs;
(E) supervision of defendants who are on pretrial release, including reminders to defendants of scheduled court dates;
(F) reporting on process and results of pretrial services programs to relevant public and private mental health stakeholders; and
(G) data collection and analysis necessary to make available information required for assessment of risk.
(b) Behavioral health assessments and intervention
(1) In general
(2) Allowable usesGrants awarded under this subsection may be used for—
(A) promotion of the use of validated assessment tools to gauge the criminogenic risk, substance abuse needs, and mental health needs of individuals;
(B) initiatives to match the risk factors and needs of individuals to programs and practices associated with research-based, positive outcomes;
(C) implementing methods for identifying and treating individuals who are most likely to benefit from coordinated supervision and treatment strategies, and identifying individuals who can do well with fewer interventions; and
(D) collaborative decision-making among the heads of criminal justice agencies, mental health systems, judicial systems, substance abuse systems, and other relevant systems or agencies for determining how treatment and intensive supervision services should be allocated in order to maximize benefits, and developing and utilizing capacity accordingly.
(c) Use of grant fundsA State, unit of local government, territory, Indian Tribe, or nonprofit agency that receives a grant under this section shall, in accordance with subsection (b)(2), use grant funds for the expenses of a treatment program, including—
(1) salaries, personnel costs, equipment costs, and other costs directly related to the operation of the program, including costs relating to enforcement;
(2) payments for treatment providers that are approved by the State or Indian Tribe and licensed, if necessary, to provide needed treatment to program participants, including aftercare supervision, vocational training, education, and job placement; and
(3) payments to public and nonprofit private entities that are approved by the State or Indian Tribe and licensed, if necessary, to provide alcohol and drug addiction treatment to offenders participating in the program.
(d) Supplement of non-Federal funds
(1) In general
(2) Federal share
(e) Applications
(f) Geographic distributionThe Attorney General shall ensure that, to the extent practicable, the distribution of grants under this section is equitable and includes—
(1) each State; and
(2) a unit of local government, territory, Indian Tribe, or nonprofit agency—
(A) in each State; and
(B) in rural, suburban, Tribal, and urban jurisdictions.
(g) Reports and evaluations
(h) AccountabilityGrants awarded under this section shall be subject to the following accountability provisions:
(1) Audit requirement
(A) Definition
(B) Audits
(C) Final audit report
(D) Mandatory exclusion
(E) Priority
(F) ReimbursementIf an entity receives a grant under this section during the 2-fiscal-year period during which the entity is prohibited from receiving grants under subparagraph (D), the Attorney General shall—
(i) deposit an amount equal to the amount of the grant that was improperly awarded to the grantee into the General Fund of the Treasury; and
(ii) seek to recoup the costs of the repayment under clause (i) from the grantee that was erroneously awarded grant funds.
(2) Nonprofit agency requirements
(A) Definition
(B) Prohibition
(C) Disclosure
(3) Conference expenditures
(A) Limitation
(B) Written approval
(C) Report
(4) Annual certificationBeginning in the first fiscal year beginning after December 13, 2016, the Attorney General shall submit to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives an annual certification—
(A) indicating whether—
(i) all final audit reports issued by the Office of the Inspector General under paragraph (1) have been completed and reviewed by the appropriate Assistant Attorney General or Director;
(ii) all mandatory exclusions required under paragraph (1)(D) have been issued; and
(iii) any reimbursements required under paragraph (1)(F) have been made; and
(B) that includes a list of any grantees excluded under paragraph (1)(D) from the previous year.
(i) Preventing duplicative grants
(1) In general
(2) ReportIf the Attorney General awards multiple grants to the same applicant for the same purpose, the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes—
(A) a list of all duplicate grants awarded, including the total dollar amount of any such grants awarded; and
(B) the reason the Attorney General awarded the duplicate grants.
(Pub. L. 90–351, title I, § 2209, as added Pub. L. 114–255, div. B, title XIV, § 14004, Dec. 13, 2016, 130 Stat. 1291.)

CITE AS: 34 USC 10479