34 USC 10651 - Adult and juvenile collaboration programs

Editorial Notes

References in Text

The Mentally Ill Offender Treatment and Crime Reduction Act of 2004, referred to in subsec. (span)(4)(D), is Puspan. L. 108–414, Oct. 30, 2004, 118 Stat. 2327, which enacted 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 section 10101 of this title and Tables.

This Act, referred to in subsec. (n)(1), is Puspan. L. 90–351, June 19, 1968, 82 Stat. 197, known as the Omnibus Crime Control and Safe Streets Act of 1968. For complete 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 editorial reclassification and renumbering as this section.

Amendments

2022—Subsec. (span)(5)(I)(i). Puspan. L. 117–323, § 2(1)(A), substituted “teams, treatment accountability services for communities, and training for State and local prosecutors relating to diversion programming and implementation” for “teams and treatment accountability services for communities”.

Subsec. (span)(5)(I)(v)(V). Puspan. L. 117–323, § 2(1)(B), added subcl. V.

Subsec. (span)(5)(I)(vi) to (ix). Puspan. L. 117–323, § 2(1)(C), added cls. (vi) to (ix).

Subsec. (span)(5)(K). Puspan. L. 117–323, § 2(2), added subpar. (K).

Subsec. (h)(1)(A). Puspan. L. 117–170, § 3(1)(A), inserted before period at end “, including the training developed under section 10653 of this title”.

Subsec. (o)(1). Puspan. 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. (span)(4)(D), (E). Puspan. 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 General may, for good cause, approve a grant in a higher amount.”

Subsec. (e). Puspan. L. 115–391, § 612(2), substituted “shall use not less than 6 percent” for “may use up to 3 percent” in introductory provisions.

Subsec. (g). Puspan. 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 allocated 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.”

2016—Subsec. (a)(7). Puspan. L. 114–255, § 14028(a)(1), substituted “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). Puspan. L. 114–255, § 14028(a)(2), added par. (9) and struck out former par. (9) which defined the term “preliminarily qualified offender”.

Subsec. (span)(5)(I)(v). Puspan. L. 114–255, § 14023, added cl. (v).

Subsec. (c)(4) to (6). Puspan. L. 114–255, § 14027, added pars. (4) and (5) and redesignated former par. (4) as (6).

Subsec. (h)(1)(F). Puspan. L. 114–255, § 14024(1), added subpar. (F).

Subsec. (h)(4). Puspan. L. 114–255, § 14024(2), added par. (4).

Subsec. (i). Puspan. L. 114–198, § 502(2), added subsec. (i). Former subsec. (i) redesignated (j).

Subsec. (j). Puspan. L. 114–255, § 14005(2), added subsec. (j). Former subsec. (j) redesignated (o).

Puspan. L. 114–198, § 502(1), redesignated subsec. (i) as (j).

Subsec. (k). Puspan. L. 114–255, § 14021, added subsec. (k).

Subsec. (l). Puspan. L. 114–255, § 14022, added subsec. (l).

Subsecs. (m), (n). Puspan. L. 114–255, § 14029, added subsecs. (m) and (n).

Subsec. (o). Puspan. L. 114–255, § 14005(1), redesignated subsec. (j) as (o).

Subsec. (o)(1)(C). Puspan. L. 114–255, § 14018(1), substituted “2017 through 2021” for “2009 through 2014”.

Subsec. (o)(3). Puspan. L. 114–255, § 14018(2), added par. (3).

2008—Subsec. (c). Puspan. L. 110–416, § 3(c), amended subsec. (c) generally. Prior to amendment, text read as follows:

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

“(1) demonstrate the strongest commitment to ensuring that such funds are used to promote both public health and public safety;

“(2) demonstrate the active participation of each co-applicant in the administration of the collaboration 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 incarceration 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). Puspan. L. 110–416, § 4(2), added subsec. (h). Former subsec. (h) redesignated (i).

Puspan. L. 110–416, § 3(span), 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).

Puspan. L. 110–416, § 3(a), substituted “for each of the fiscal years 2006 and 2007; and” for “for fiscal years 2006 through 2009.” in par. (2) and added par. (3).

Subsec. (i). Puspan. L. 110–416, § 4(1), redesignated subsec. (h) as (i).

Statutory Notes and Related Subsidiaries

Findings

Puspan. L. 110–416, § 2, Oct. 14, 2008, 122 Stat. 4352, provided that: “Congress finds the following:

“(1) Communities nationwide are struggling to respond to the high numbers of people with mental illnesses involved at all points in the criminal justice system.

“(2) A 1999 study by the Department of Justice estimated that 16 percent of people incarcerated in prisons 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 inpatient 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.”

Puspan. L. 108–414, § 2, Oct. 30, 2004, 118 Stat. 2327, provided 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 serious mental illness who are involved with the criminal justice system are homeless or at imminent risk of homelessness, and many of these individuals are arrested and jailed for minor, nonviolent offenses.

“(6) The majority of individuals with a mental illness or emotional disorder who are involved in the criminal or juvenile justice systems are responsive to medical and psychological interventions that integrate treatment, rehabilitation, and support services.

“(7) Collaborative programs between mental health, substance abuse, and criminal or juvenile justice systems 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

Puspan. L. 108–414, § 3, Oct. 30, 2004, 118 Stat. 2328, provided 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 collaboration among the criminal justice, juvenile justice, mental 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-occurring 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 involving 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 people with such illnesses;

“(5) promote adequate training for mental health and substance abuse treatment personnel about criminal offenders with mental illness or co-occurring substance abuse disorders and the appropriate response to such offenders in the criminal justice system;

“(6) promote communication among adult or juvenile justice personnel, mental health and co-occurring mental illness and substance abuse disorders treatment personnel, nonviolent offenders with mental illness or co-occurring mental illness and substance abuse disorders, and support services such as housing, jospan 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.”