34 USC 10651 - Adult and juvenile collaboration programs

U.S Code last checked for updates: Jan 19, 2025

§ 10651.

Adult and juvenile collaboration programs

(a)

Definitions

In this section, the following definitions shall apply:

(1)

Applicant

(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

(4)

Diversion and alternative prosecution and sentencing

(A)

In general

(B)

Appropriate use

(C)

Graduated sanctions

(5)

Mental health agency

(6)

Mental health court

(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 diagnostic criteria within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and

(B)

(i)

that, in the case of an adult, has resulted in functional impairment that substantially interferes with or limits 1 or more major life activities; or

(ii)

that, in the case of a juvenile, has resulted in functional impairment that substantially interferes with or limits the juvenile’s role or functioning in family, school, or community activities.

(8)

Nonviolent offense

(9)

Preliminarily qualified offender

(A)

In general

The term “preliminarily qualified offender” means an adult or juvenile accused of an offense who—

(i)

(I)

previously or currently has been diagnosed by a qualified mental health professional as having a mental illness or co-occurring mental illness and substance abuse disorders;

(II)

manifests obvious signs of mental illness 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 illness 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 subsection (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 participation in a program funded under this section, to not pose a risk of violence to any person in the program, or the public, if selected to participate in the program; and

(iv)

has not been charged with or convicted of—

(I)

any sex offense (as defined in section 20911 of this title) or any offense relating to the sexual exploitation of children; or

(II)

murder or assault with intent to commit murder.

(B)

Determination

In determining whether to designate a defendant 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 account—

(i)

whether the participation of the defendant in the program would pose a substantial risk of violence to the community;

(ii)

the criminal history of the defendant and the nature and severity of the offense for which the defendant is charged;

(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 participation unanimously established by the relevant prosecuting attorney, defense attorney, probation or corrections official, judge and mental health or substance abuse agency representative.

(10)

Secretary

(11)

Unit of local government

(b)

Planning and implementation grants

(1)

In general

(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 training to the officers and employees of a criminal or juvenile justice agency and mental health personnel serving those with co-occurring mental illness and substance abuse problems in procedures for identifying the symptoms of preliminarily qualified offenders in order to respond appropriately to individuals with such illnesses;

(C)

programs that support cooperative efforts by criminal and juvenile justice agencies 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 illness 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 correctional facilities; and

(D)

programs that support intergovernmental cooperation between State and local governments with respect to the mentally ill offender.

(3)

Applications

(A)

In general

(B)

Combined planning and implementation grant application

(4)

Planning grants

(A)

Application

(B)

Contents

(C)

Period of grant

(D)

Collaboration set aside

(5)

Implementation grants

(A)

Application

(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 a mental health court) and 1 mental health agency will participate in the administration 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 treatment services and substance abuse services for individuals with co-occurring mental health and substance abuse disorders are coordinated, which may range from consultation 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 provided 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 justice 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, validated, needs-based assessments to determine, plan, and coordinate the most appropriate 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 offenders 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 appropriately 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 services, including, in the case of individuals with co-occurring mental health and substance abuse disorders, coordinated services, which may range from consultation 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, education, job placement, mentoring, and health care and benefits, as well as the services of faith-based and community organizations for mentally ill individuals served by the collaboration program); 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

(E)

Policies and procedures

(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 provided 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 Children’s Insurance Program); and

(iii)

outline plans for obtaining necessary support and continuing the proposed 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 collaboration program;

(ii)

ensure mechanisms are in place to capture data, consistent with the methodology and outcome measures under clause (i); and

(iii)

submit specific agreements from affected agencies to provide the data needed by the Attorney General and the Secretary to accomplish the evaluation under clause (i).

(H)

State plans

(I)

Use of funds

Applicants that receive an implementation grant may use funds for 1 or more of the following purposes:

(i)

Mental health courts and diversion/alternative prosecution and sentencing programs

(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 qualified offenders; or

(II)

mental health system personnel to respond appropriately to the treatment needs of preliminarily qualified offenders.

(iii)

Service delivery

(iv)

In-jail and transitional services

(v)

Teams addressing frequent users of crisis services

Multidisciplinary teams that—

(I)

coordinate, implement, and administer 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 involving frequent users of crisis services for public service personnel, including criminal justice, mental health, substance abuse, emergency room, healthcare, law enforcement, corrections, 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 appropriate supports in the least restrictive, yet appropriate, environment;

(IV)

develop protocols and systems among law enforcement, mental health, substance abuse, housing, corrections, and emergency medical service operations to provide coordinated assistance to frequent users of crisis services; and

(V)

coordinate, implement, and administer models to address mental health calls that include specially trained officers and mental health crisis workers responding to those calls together.

(vi)

Suicide prevention services

(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 reentry into the community.

(viii)

Enhancing community capacity and links to mental health care

(ix)

Implementing 988

(J)

Geographic distribution of grants

(K)

Teams addressing mental health calls

With respect to a multidisciplinary team described in subparagraph (I)(v) that receives funds from a grant under this section, the multidisciplinary team—

(i)

shall, to the extent practicable, provide 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 response to mental health crises.

(c)

Priority

The Attorney General, in awarding funds under this section, shall give priority to applications that—

(1)

promote effective strategies by law enforcement to identify and to reduce risk of harm to mentally ill offenders and public safety;

(2)

promote effective strategies for identification 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 recidivism;

(5)

when appropriate, use validated assessment tools to target preliminarily qualified offenders with a moderate or high risk of recidivism and a need for treatment and services; or

(6)

(A)

demonstrate the strongest commitment 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 collaboration program carried out by a State, unit of local government, Indian tribe, or tribal organization under this section shall not exceed—

(A)

80 percent of the total cost of the program during the first 2 years of the grant;

(B)

60 percent of the total cost of the program in year 3; and

(C)

25 percent of the total cost of the program in years 4 and 5.

(2)

Non-Federal share

(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 prosecution through pretrial diversion in appropriate cases involving individuals with mental illness;

(2)

offer specialized training to personnel of criminal and juvenile justice agencies in appropriate diversion techniques;

(3)

provide technical assistance to local governments, mental health courts, and diversion programs, including technical assistance relating 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 collaboration program that will include an assessment of its cost-effectiveness.

(f)

Interagency task force

(1)

In general

(2)

Responsibilities

The task force established under paragraph (1) shall—

(A)

identify policies within their departments that hinder or facilitate local collaborative initiatives for preliminarily qualified offenders; and

(B)

submit, not later than 2 years after October 30, 2004, a report to Congress containing recommendations for improved interdepartmental collaboration regarding the provision of services to preliminarily qualified offenders.

(g)

Collaboration set-aside

(h)

Law enforcement response to mentally ill offenders 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 organizations for the following purposes:

(A)

Training programs

(B)

Receiving centers

(C)

Improved technology

(D)

Cooperative programs

(E)

Campus security personnel training

(F)

Academy training

(2)

BJA training models

(3)

Matching funds

(4)

Priority consideration

(i)

Assisting veterans

(1)

Definitions

In this subsection:

(A)

Peer-to-peer services or programs

(B)

Qualified veteran

The term “qualified veteran” means a preliminarily 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 dishonorable, unless the reason for the dishonorable discharge was attributable to a substance abuse disorder.

(C)

Veterans treatment court program

The term “veterans treatment court program” means a court program involving collaboration 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 random and frequent drug testing where appropriate;

(ii)

a full continuum of treatment services, including mental health services, substance abuse services, medical services, and services to address trauma;

(iii)

alternatives to incarceration; or

(iv)

other appropriate services, including housing, transportation, mentoring, employment, job training, education, or assistance 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 applicants 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, transitional, and other appropriate services to qualified veterans who have been incarcerated; or

(iv)

training programs to teach criminal justice, law enforcement, corrections, mental health, and substance abuse personnel 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 veterans service agencies;

(ii)

promote effective strategies to identify and reduce the risk of harm to qualified veterans and public safety; and

(iii)

propose interventions with empirical support to improve outcomes for qualified veterans.

(j)

Forensic assertive community treatment (FACT) initiative program

(1)

In general

(2)

Allowable uses

Grant funds awarded under this subsection may be used for—

(A)

multidisciplinary team initiatives for individuals with mental illnesses with criminal justice involvement that address criminal justice involvement as part of treatment protocols;

(B)

FACT programs that involve mental health professionals, criminal justice agencies, chemical dependency specialists, nurses, psychiatrists, vocational specialists, forensic peer specialists, forensic specialists, and dedicated administrative support staff who work together to provide recovery oriented, 24/7 wraparound services;

(C)

services such as integrated evidence-based practices for the treatment of co-occurring mental health and substance-related disorders, assertive outreach and engagement, 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 promote high-fidelity practice principles and technical assistance to support effective and continuing integration with criminal justice agency partners.

(3)

Supplement and not supplant

(4)

Applications

(k)

Sequential intercept grants

(1)

Definition

(2)

Authorization

(3)

Sequential intercept mapping; implementation

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 criminal justice stakeholders to—

(aa)

develop a shared understanding of the flow of justice-involved individuals with mental illnesses through the criminal justice system; and

(bb)

identify opportunities for improved collaborative responses to the risks and needs of individuals described in item (aa); and

(II)

developing strategies to address gaps in services and bring innovative and effective programs to scale along multiple intercepts, including—

(aa)

emergency and crisis services;

(bb)

specialized police-based responses;

(cc)

court hearings and disposition alternatives;

(dd)

reentry from jails and prisons; and

(ee)

community supervision, treatment and support services; and

(ii)

may serve as a starting point for the development of strategic plans to achieve positive public health and safety outcomes; 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 eligible entity’s approach; and

(VI)

planning for the sustainability of effective interventions.

(l)

Correctional facilities

(1)

Definitions

(A)

Correctional facility

(B)

Eligible inmate

The term “eligible inmate” means an individual who—

(i)

is being held, detained, or incarcerated 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 correctional facility—

(A)

to identify and screen for eligible inmates;

(B)

to plan and provide—

(i)

initial and periodic assessments of the clinical, medical, and social needs of inmates; and

(ii)

appropriate treatment and services that address the mental health and substance abuse needs of inmates;

(C)

to develop, implement, and enhance—

(i)

post-release transition plans for eligible inmates that, in a comprehensive manner, coordinate health, housing, medical, employment, and other appropriate services and public benefits;

(ii)

the availability of mental health care services and substance abuse treatment services; and

(iii)

alternatives to solitary confinement and segregated housing and mental health screening and treatment for inmates placed in solitary confinement or segregated housing; and

(D)

to train each employee of the correctional 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 following accountability provisions:

(1)

Audit requirement

(A)

Definition

(B)

Audits

(C)

Mandatory exclusion

(D)

Priority

(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 receiving grants under subparagraph (C), the Attorney General shall—

(i)

deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and

(ii)

seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.

(2)

Nonprofit organization 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 audits 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)(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 recipients excluded under paragraph (1) from the previous year.

(n)

Preventing duplicative grants

(1)

In general

(2)

Report

If the Attorney General awards duplicate 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 duplicate grants awarded; and

(B)

the reason the Attorney General awarded the duplicate grants.

(o)

Authorization of appropriations

(1)

In general

(2)

Allocation of funding for administrative purposes

(3)

Limitation

(Pub. L. 90–351, title I, § 2991, as added Pub. L. 108–414, § 4(a), Oct. 30, 2004, 118 Stat. 2328; amended 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.)

cite as: 34 USC 10651

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