34 USC 10479 - Mental health responses in the judicial system

U.S Code last checked for updates: Nov 22, 2024

§ 10479.

Mental health responses in the judicial system

(a)

Pretrial screening and supervision

(1)

In general

(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

(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

(2)

Federal share

(e)

Applications

(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

(h)

Accountability

Grants 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)

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

(B)

Prohibition

(C)

Disclosure

(3)

Conference expenditures

(A)

Limitation

(B)

Written approval

(C)

Report

(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

(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.

(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