I
106TH CONGRESS
1ST SESSION
H. R. 2594
To provide grants to establish 25 demonstration mental health diversion
courts.
IN THE HOUSE OF REPRESENTATIVES
JULY 22, 1999
Mr. STRICKLAND introduced the following bill; which was referred to the
Committee on the Judiciary
A BILL
To provide grants to establish 25 demonstration mental
health diversion courts.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘America’s Law En-
forcement and Mental Health Project’’.
SEC. 2. MENTAL HEALTH DIVERSION COURTS.
(a) AMENDMENT.—Part V of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 is amended
to read as follows:
‘‘PART V—MENTAL HEALTH
DIVERSION COURTS
‘‘SEC. 2201. GRANT AUTHORITY.
‘‘The Attorney General may 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 25
programs that involve—
‘‘(1) continuing judicial supervision, including
periodic review at least every 45 days, over prelimi-
narily qualified offenders with mental illness, mental
retardation, or co-occurring mental illness and sub-
stance abuse disorders who are charged with non-
violent misdemeanors, for a period not to exceed 1
year; and
‘‘(2) the integrated administration of services,
which includes—
‘‘(A) specialized training of law enforce-
ment and judicial personnel to identify and ad-
dress the unique needs of a mentally ill or men-
tally retarded offender;
‘‘(B) voluntary diversion into outpatient or
inpatient mental health treatment that carries
with it the possibility of prosecution of the
original criminal charge if the mentally ill or
and substance abuse disorders during arrest or con-
finement or before any court; and
‘‘(2) is deemed eligible for diversion by des-
ignated judges.
‘‘SEC. 2203. 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
part.
‘‘(b) USE OF COMPONENTS.—The Attorney General
may utilize any component or components of the Depart-
ment of Justice in carrying out this part.
‘‘(c) REGULATORY AUTHORITY.—The Attorney Gen-
eral shall issue regulations and guidelines necessary to
carry out this part 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 re-
quirements that may be specified by the Attorney General,
an application for a grant under this part 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 commu-
nity initiatives which complement or will be coordi-
nated 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;
‘‘(6) certify that participating offenders will be
supervised by one or more designated judges with re-
sponsibility for the mental health diversion court
program;
‘‘(7) specify plans for obtaining necessary sup-
port and continuing the proposed program following
the conclusion of Federal support; and
‘‘(8) describe the methodology and outcome
measures that will be used in evaluating the pro-
gram.
‘‘SEC. 2204. APPLICATIONS.
‘‘To request funds under this part, 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 an application to the Attorney
General in such form and containing such information as
the Attorney General may reasonably require.
‘‘SEC. 2205. FEDERAL SHARE.
‘‘The Federal share of a grant made under this part
may not exceed 75 percent of the total costs of the pro-
gram described in the application submitted under section
2205 for the fiscal year for which the program receives
assistance under this part, unless the Attorney General
waives, wholly or in part, the requirement of a matching
contribution under this section. The use of the Federal
share of a grant made under this part shall be limited
to new expenses necessitated by the proposed diversion
program, including the development of treatment services
and the hiring and training of personnel. In-kind contribu-
tions may constitute a portion of the non-Federal share
of a grant.
‘‘SEC. 2206. GEOGRAPHIC DISTRIBUTION.
‘‘The Attorney General shall ensure that, to the ex-
tent practicable, an equitable geographic distribution of
grant awards is made that considers the special needs of
rural communities, Indian tribes, and Alaska Natives.
‘‘SEC. 2207. REPORT.
‘‘A State, Indian tribal government, or unit of local
government that receives funds under this part during a
fiscal year shall submit to the Attorney General a report
in March of the following year regarding the effectiveness
of this part.
‘‘SEC. 2208. TECHNICAL ASSISTANCE, TRAINING, AND EVAL-
UATION.
‘‘(a) TECHNICAL ASSISTANCE AND TRAINING.—The
Attorney General may provide technical assistance and
training in furtherance of the purposes of this part.
‘‘(b) EVALUATIONS.—In addition to any evaluation
requirements that may be prescribed for grantees, the At-
torney General may carry out or make arrangements for
evaluations of programs that receive support under this
part.
‘‘(c) ADMINISTRATION.—The technical assistance,
training, and evaluations authorized by this section may
be carried out directly by the Attorney General, in collabo-
ration with the Secretary of Health and Human Services,
or through grants, contracts, or other cooperative arrange-
ments with other entities.’’.
(b) TECHNICAL AMENDMENT.—The table of contents
of title I of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3711 et seq.), is amended by in-
serting after part U the following:
‘‘PART V—MENTAL HEALTH DIVERSION COURTS
‘‘Sec. 2201. Grant authority.
‘‘Sec. 2202. Definition.
‘‘Sec. 2203. Administration.
‘‘Sec. 2204. Applications.
‘‘Sec. 2205. Federal share.
‘‘Sec. 2206. Geographic distribution.
‘‘Sec. 2207. Report.
‘‘Sec. 2208. Technical assistance, training, and evaluation.’’.
(c) AUTHORIZATION OF APPROPRIATIONS.—Section
1001(a) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793(a)), is amended by
inserting after paragraph (19) the following:
‘‘(20) There are authorized to be appropriated to
carry out part V, $2,000,000 for each of fiscal years 2000
through 2004.’’.
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