SUBCHAPTER XXI—MENTAL HEALTH COURTS
§10471. Grant authority
The Attorney General shall make grants to States, State courts, local courts, units of local government, and Indian tribal governments, 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.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 2201 of title I of
Another prior section 2201 of
Amendments
2016—Par. (2)(B).
Statutory Notes and Related Subsidiaries
Federal Drug and Mental Health Courts
"(a)
"(1) the term 'eligible offender' means a person who—
"(A)(i) previously or currently has been diagnosed by a qualified mental health professional as having a mental illness, mental retardation, or co-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;
"(B) comes into contact with the criminal justice system or is arrested or charged with an offense that is not—
"(i) a crime of violence, as defined under applicable State law or in
"(ii) a serious drug offense, as defined in
"(C) is determined by a judge to be eligible; and
"(2) the term 'mental illness' means a diagnosable mental, behavioral, or emotional disorder—
"(A) of sufficient duration to meet diagnostic 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.
"(b)
"(c)
"(1) continuing judicial supervision, including periodic review, of program participants who have a substance abuse problem or mental illness; and
"(2) the integrated administration of services and sanctions, which shall include—
"(A) mandatory periodic testing, as appropriate, for the use of controlled substances or other addictive substances during any period of supervised release or probation for each program participant;
"(B) substance abuse treatment for each program participant who requires such services;
"(C) diversion, probation, or other supervised release with the possibility of prosecution, confinement, or incarceration based on noncompliance with program requirements or failure to show satisfactory progress toward completing program requirements;
"(D) programmatic offender management, including case management, and aftercare services, such as relapse prevention, health care, education, vocational training, job placement, housing placement, and child care or other family support services for each program participant who requires such services;
"(E) outpatient or inpatient mental health treatment, as ordered by the court, that carries with it the possibility of dismissal of charges or reduced sentencing upon successful completion of such treatment;
"(F) centralized case management, including—
"(i) the consolidation of all cases, including violations of probations, of the program participant; and
"(ii) coordination of all mental health treatment plans and social services, including life skills and vocational training, housing and job placement, education, health care, and relapse prevention for each program participant who requires such services; and
"(G) continuing supervision of treatment plan compliance by the program participant for a term not to exceed the maximum allowable sentence or probation period for the charged or relevant offense and, to the extent practicable, continuity of psychiatric care at the end of the supervised period.
"(d)
"(1) in not less than 1 United States judicial district, designated by the Attorney General in consultation with the Director of the Administrative Office of the United States Courts, as appropriate for the pilot program; and
"(2) during fiscal year 2017 through fiscal year 2021.
"(e)
"(1) obtain the approval, in writing, of the United States Attorney for the United States judicial district being designated;
"(2) obtain the approval, in writing, of the chief judge for the United States judicial district being designated; and
"(3) determine that the United States judicial district being designated has adequate behavioral health systems for treatment, including substance abuse and mental health treatment.
"(f)
"(g)
Findings
"(1) fully 16 percent of all inmates in State prisons and local jails suffer from mental illness, according to a July, 1999 report, conducted by the Bureau of Justice Statistics;
"(2) between 600,000 and 700,000 mentally ill persons are annually booked in jail alone, according to the American Jail Association;
"(3) estimates say 25 to 40 percent of America's mentally ill will come into contact with the criminal justice system, according to National Alliance for the Mentally Ill;
"(4) 75 percent of mentally ill inmates have been sentenced to time in prison or jail or probation at least once prior to their current sentence, according to the Bureau of Justice Statistics in July, 1999; and
"(5) Broward County, Florida and King County, Washington, have created separate Mental Health Courts to place nonviolent mentally ill offenders into judicially monitored inpatient and outpatient mental health treatment programs, where appropriate, with positive results."
§10472. Definitions
In this subchapter—
(1) the term "mental illness" means a diagnosable mental, behavioral, or emotional disorder—
(A) of sufficient duration to meet 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.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 2202 of title I of
Amendments
2016—Pars. (3), (4).
§10473. Administration
(a) Consultation
The Attorney General shall consult with the Secretary of Health and Human Services and any other appropriate officials in carrying out this subchapter.
(b) Use of components
The Attorney General may utilize any component or components of the Department of Justice in carrying out this subchapter.
(c) Regulatory authority
The Attorney General shall issue regulations and guidelines necessary to carry out this subchapter which include, but are not limited to, the methodologies and outcome measures proposed for evaluating each applicant program.
(d) Applications
In addition to any other requirements that may be specified by the Attorney General, an application for a grant under this subchapter shall—
(1) include a long-term strategy and detailed implementation plan;
(2) explain the applicant's inability to fund the program adequately without Federal 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.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 2203 of title I of
§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.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 2204 of title I of
§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
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 2205 of title I of
§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.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 2206 of title I of
§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.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 2207 of title I of
§10478. Technical assistance, training, and evaluation
(a) Technical assistance and training
The Attorney General may provide technical assistance and training in furtherance of the purposes of this subchapter.
(b) Evaluations
In addition to any evaluation requirements that may be prescribed for grantees, the Attorney General may carry out or make arrangements for evaluations of programs that receive support under this subchapter.
(c) Administration
The technical assistance, training, and evaluations authorized by this section may be carried out directly by the Attorney General, in collaboration with the Secretary of Health and Human Services, or through grants, contracts, or other cooperative arrangements with other entities.
(
Editorial Notes
Codification
Section was formerly classified to
Prior Provisions
A prior section 2208 of title I of
§10479. Mental health responses in the judicial system
(a) Pretrial screening and supervision
(1) In general
The Attorney General may award grants to States, units of local government, territories, Indian Tribes, nonprofit agencies, or any combination thereof, to develop, implement, or expand pretrial services programs to improve the identification and outcomes of individuals with mental illness.
(2) Allowable uses
Grants 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
The Attorney General may award grants to States, units of local government, territories, Indian Tribes, nonprofit agencies, or any combination thereof, to develop, implement, or expand a behavioral health screening and assessment program framework for State or local criminal justice systems.
(2) Allowable uses
Grants 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 funds
A 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
Grants awarded under this section shall be used to supplement, and not supplant, non-Federal funds that would otherwise be available for programs described in this section.
(2) Federal share
The Federal share of a grant made under this section may not exceed 50 percent of the total costs of the program described in an application under subsection (e).
(e) Applications
To request a grant under this section, a State, unit of local government, territory, Indian 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.
(f) Geographic distribution
The 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
For each fiscal year, each grantee under this section during that fiscal year shall submit to the Attorney General a report on the effectiveness of activities carried out using such grant. Each report shall include an evaluation in such form and containing such information as the Attorney General may reasonably require. The Attorney General shall specify the dates on which such reports shall be submitted.
(h) Accountability
Grants awarded under this section shall be subject to the following 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 under subparagraph (C) that the audited grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 1 year after the date on which 1 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 grantees under this section to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year.
(C) Final audit report
The Inspector General of the Department of Justice shall submit to the Attorney General a final report on each audit conducted under subparagraph (B).
(D) Mandatory exclusion
Grantees under this section about which there is an unresolved audit finding shall not be eligible to receive a grant under this section during the 2 fiscal years beginning after the end of the 1-year period described in subparagraph (A).
(E) Priority
In making grants under this section, the Attorney General shall give priority to applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this section.
(F) Reimbursement
If 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
For purposes of this paragraph and the grant program under this section, the term "nonprofit agency" means an organization that is described in
(B) Prohibition
The Attorney General may not award a grant under this section to a nonprofit agency that holds money in an offshore account for the purpose of avoiding paying the tax described in
(C) Disclosure
Each nonprofit agency that is awarded a grant under this section and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees, and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision. Upon request, the Attorney General shall make the information disclosed under this subparagraph available for public inspection.
(3) Conference expenditures
(A) Limitation
Not more than $20,000 of the amounts made available to the Department of Justice to carry out this section may be used by the Attorney General, or by any individual or entity awarded a grant under this section to host, or make any expenditures relating to, a conference unless the Deputy Attorney General provides prior written authorization that the funds may be expended to host the conference or make such expenditure.
(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 entertainment.
(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 Representatives on all conference expenditures approved 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 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
Before the Attorney General awards a grant to an applicant under this section, the Attorney General shall compare the possible grant with any other grants awarded to the applicant under this Act to determine whether the grants are for the same purpose.
(2) Report
If 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.
(
Editorial Notes
References in Text
This Act, referred to in subsec. (i)(1), is
Codification
Section was formerly classified to
Prior Provisions
A prior section 2209 of title I of