Contents
- (a) Definitions2 changes
- (b) Planning and implementation grants6 changes
- (c) Priority2 changes
- (d) Matching requirements
- (e) Federal use of funds1 change
- (f) Interagency task force
- (g) Collaboration set-aside1 change
- (h) Law enforcement response to mentally ill offenders improvement grants4 changes
- (i) Assisting veterans2 changes
- (j) Forensic assertive community treatment (FACT) initiative program1 change
- (k) Sequential intercept grants1 change
- (l) Correctional facilities1 change
- (m) Accountability
- (n) Preventing duplicative grants
- (o) Authorization of appropriations4 changes
(b)
(1)The Attorney General, in consultation with the Secretary, may award nonrenewable grants to eligible applicants to prepare a comprehensive plan for and implement an adult or juvenile collaboration program, which targets preliminarily qualified offenders in order to promote public safety and public health.
(2)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)
(A)To receive a planning grant or an implementation grant, the joint applicants shall prepare and submit a single application to the Attorney General at such time, in such manner, and containing such information as the Attorney General and the Secretary shall reasonably require. An application under subchapter XXI of this chapter may be made in conjunction with an application under this section.
(B)The Attorney General and the Secretary shall develop a procedure under which applicants may apply at the same time and in a single application for a planning grant and an implementation grant, with receipt of the implementation grant conditioned on successful completion of the activities funded by the planning grant.
(4)
(A)The joint applicants may apply to the Attorney General for a nonrenewable planning grant to develop a collaboration program.
(B)The Attorney General and the Secretary may not approve a planning grant unless the application for the grant includes or provides, at a minimum, for a budget and a budget justification, a description of the outcome measures that will be used to measure the effectiveness of the program in promoting public safety and public health, the activities proposed (including the provision of substance abuse treatment services, where appropriate) and a schedule for completion of such activities, and the personnel necessary to complete such activities.
(C)A planning grant shall be effective for a period of 1 year, beginning on the first day of the month in which the planning grant is made. Applicants may not receive more than 1 such planning grant.
(D)Up to 5 percent of all planning funds shall be used to foster collaboration between State and local governments in furtherance of the purposes set forth in the Mentally Ill Offender Treatment and Crime Reduction Act of 2004.
(5)
(A)Joint applicants that have prepared a planning grant application may apply to the Attorney General for approval of a nonrenewable implementation grant to develop a collaboration program.
(B)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)To be eligible for an implementation grant, joint applicants shall comply with the following:
(i)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)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)Recipients of an implementation grant may use grant funds to assist mentally ill offenders compliant with the program in seeking housing or employment assistance.
(E)Applicants for an implementation grant shall strive to ensure prompt access to defense counsel by criminal defendants with mental illness who are facing charges that would trigger a constitutional right to counsel.
(F)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)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)Applicants for an implementation grant shall describe how the adult or juvenile collaboration program relates to existing State criminal or juvenile justice and mental health plans and programs.
(I)Applicants that receive an implementation grant may use funds for 1 or more of the following purposes:
(i)Funds may be used to create or expand existing mental health courts that meet program requirements established by the Attorney General under subchapter XXI of this chapter, other court-based programs, or diversion and alternative prosecution and sentencing programs (including crisis intervention teams, treatment accountability services for communities, and training for State and local prosecutors relating to diversion programming and implementation) that meet requirements established by the Attorney General and the Secretary.
(ii)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)Funds may be used to create or expand programs that promote public safety by providing the services described in subparagraph (C)(ii) to preliminarily qualified offenders.
(iv)Funds may be used to promote and provide mental health treatment and transitional services for those incarcerated or for transitional re-entry programs for those released from any penal or correctional institution.
(v)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)Funds may be used to develop, promote, and implement comprehensive suicide prevention programs and services for incarcerated individuals that include ongoing risk assessment.
(vii)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)Funds may be used to support, administer, or develop treatment capacity and increase access to mental health care and substance use disorder services for preliminary qualified offenders and individuals who are released from any penal or correctional institution.
(ix)Funds may be used to support the efforts of State and local governments to implement and expand the integration of the 988 universal telephone number designated for the purpose of the national suicide prevention and mental health crisis hotline system under section 251(e)(4) of title 47, including by hiring staff to support the implementation and expansion.
(J)The Attorney General, in consultation with the Secretary, shall ensure that planning and implementation grants are equitably distributed among the geographical regions of the United States and between urban and rural populations.
(K)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.
United States Government work; public domain under 17 U.S.C. § 105.