H. R. 34—257 
‘‘(B) is designed to improve access and adherence by 
such patient to intensive behavioral health services in order 
to— 
‘‘(i) avert relapse, repeated hospitalizations, arrest, 
incarceration, suicide, property destruction, and violent 
behavior; and 
‘‘(ii) provide such patient with the opportunity to 
live in a less restrictive alternative to incarceration 
or involuntary hospitalization; and 
‘‘(4) the term ‘eligible patient’ means an adult, mentally 
ill person who, as determined by a court— 
‘‘(A) has a history of violence, incarceration, or medi-
cally unnecessary hospitalizations; 
‘‘(B) without supervision and treatment, may be a 
danger to self or others in the community; 
‘‘(C) is substantially unlikely to voluntarily participate 
in treatment; 
‘‘(D) may be unable, for reasons other than indigence, 
to provide for any of his or her basic needs, such as food, 
clothing, shelter, health, or safety; 
‘‘(E) has a history of mental illness or a condition 
that is likely to substantially deteriorate if the person 
is not provided with timely treatment; or 
‘‘(F) due to mental illness, lacks capacity to fully under-
stand or lacks judgment to make informed decisions 
regarding his or her need for treatment, care, or super-
vision.’’. 
SEC. 14003. FEDERAL DRUG AND MENTAL HEALTH COURTS. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘eligible offender’’ means a person who— 
(A)(i) previously or currently has been diagnosed by 
a qualified mental health professional as having a mental 
illness, mental retardation, or co-occurring mental illness 
and substance abuse disorders; or 
(ii) manifests obvious signs of mental illness, mental 
retardation, or co-occurring mental illness and substance 
abuse disorders during arrest or confinement or before 
any court; 
(B) comes into contact with the criminal justice system 
or is arrested or charged with an offense that is not— 
(i) a crime of violence, as defined under applicable 
State law or in section 3156 of title 18, United States 
Code; or 
(ii) a serious drug offense, as defined in section 
924(e)(2)(A) of title 18, United States Code; and 
(C) is determined by a judge to be eligible; and 
(2) the term ‘‘mental illness’’ means a diagnosable mental, 
behavioral, or emotional disorder— 
(A) of sufficient duration to meet diagnostic criteria 
within the most recent edition of the Diagnostic and Statis-
tical Manual of Mental Disorders published by the Amer-
ican Psychiatric Association; and 
(B) that has resulted in functional impairment that 
substantially interferes with or limits 1 or more major 
life activities.
H. R. 34—258 
(b) ESTABLISHMENT OF PROGRAM.—Not later than 1 year after 
the date of enactment of this Act, the Attorney General shall 
establish a pilot program to determine the effectiveness of diverting 
eligible offenders from Federal prosecution, Federal probation, or 
a Bureau of Prisons facility, and placing such eligible offenders 
in drug or mental health courts. 
(c) PROGRAM SPECIFICATIONS.—The pilot program established 
under subsection (b) shall involve— 
(1) continuing judicial supervision, including periodic 
review, of program participants who have a substance abuse 
problem or mental illness; and 
(2) the integrated administration of services and sanctions, 
which shall include— 
(A) mandatory periodic testing, as appropriate, for the 
use of controlled substances or other addictive substances 
during any period of supervised release or probation for 
each program participant; 
(B) substance abuse treatment for each program 
participant who requires such services; 
(C) diversion, probation, or other supervised release 
with the possibility of prosecution, confinement, or incarcer-
ation based on noncompliance with program requirements 
or failure to show satisfactory progress toward completing 
program requirements; 
(D) programmatic offender management, including case 
management, and aftercare services, such as relapse 
prevention, health care, education, vocational training, job 
placement, housing placement, and child care or other 
family support services for each program participant who 
requires such services; 
(E) outpatient or inpatient mental health treatment, 
as ordered by the court, that carries with it the possibility 
of dismissal of charges or reduced sentencing upon success-
ful completion of such treatment; 
(F) centralized case management, including— 
(i) the consolidation of all cases, including viola-
tions of probations, of the program participant; and 
(ii) coordination of all mental health treatment 
plans and social services, including life skills and voca-
tional training, housing and job placement, education, 
health care, and relapse prevention for each program 
participant who requires such services; and 
(G) continuing supervision of treatment plan compli-
ance by the program participant for a term not to exceed 
the maximum allowable sentence or probation period for 
the charged or relevant offense and, to the extent prac-
ticable, continuity of psychiatric care at the end of the 
supervised period. 
(d) IMPLEMENTATION; DURATION.—The pilot program estab-
lished under subsection (b) shall be conducted— 
(1) in not less than 1 United States judicial district, des-
ignated by the Attorney General in consultation with the 
Director of the Administrative Office of the United States 
Courts, as appropriate for the pilot program; and 
(2) during fiscal year 2017 through fiscal year 2021. 
(e) CRITERIA FOR DESIGNATION.—Before making a designation 
under subsection (d)(1), the Attorney General shall—
H. R. 34—259 
(1) obtain the approval, in writing, of the United States 
Attorney for the United States judicial district being designated; 
(2) obtain the approval, in writing, of the chief judge for 
the United States judicial district being designated; and 
(3) determine that the United States judicial district being 
designated has adequate behavioral health systems for treat-
ment, including substance abuse and mental health treatment. 
(f) ASSISTANCE FROM OTHER FEDERAL ENTITIES.—The Adminis-
trative Office of the United States Courts and the United States 
Probation Offices shall provide such assistance and carry out such 
functions as the Attorney General may request in monitoring, super-
vising, providing services to, and evaluating eligible offenders placed 
in a drug or mental health court under this section. 
(g) REPORTS.—The Attorney General, in consultation with the 
Director of the Administrative Office of the United States Courts, 
shall monitor the drug and mental health courts under this section, 
and shall submit a report to Congress on the outcomes of the 
program at the end of the period described in subsection (d)(2). 
SEC. 14004. MENTAL HEALTH IN THE JUDICIAL SYSTEM. 
Part V of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3796ii et seq.) is amended by inserting 
at the end the following: 
‘‘SEC. 2209. MENTAL HEALTH RESPONSES IN THE JUDICIAL SYSTEM. 
‘‘(a) PRETRIAL SCREENING AND SUPERVISION.— 
‘‘(1) IN GENERAL.—The Attorney General may award grants 
to States, units of local government, territories, Indian Tribes, 
nonprofit agencies, or any combination thereof, to develop, 
implement, or expand pretrial services programs to improve 
the identification and outcomes of individuals with mental ill-
ness. 
‘‘(2) ALLOWABLE USES.—Grants awarded under this sub-
section 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.—The Attorney General may award grants 
to States, units of local government, territories, Indian Tribes, 
nonprofit agencies, or any combination thereof, to develop,
H. R. 34—260 
implement, or expand a behavioral health screening and assess-
ment program framework for State or local criminal justice 
systems. 
‘‘(2) ALLOWABLE USES.—Grants awarded under this sub-
section 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 sys-
tems or agencies for determining how treatment and inten-
sive 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.—Grants awarded under this section shall 
be used to supplement, and not supplant, non-Federal funds 
that would otherwise be available for programs described in 
this section. 
‘‘(2) FEDERAL SHARE.—The Federal share of a grant made 
under this section may not exceed 50 percent of the total 
costs of the program described in an application under sub-
section (e). 
‘‘(e) APPLICATIONS.—To request a grant under this section, a 
State, unit of local government, territory, Indian Tribe, or nonprofit 
agency shall submit an application to the Attorney General in 
such form and containing such information as the Attorney General 
may reasonably require. 
‘‘(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