42 U.S.C. § 290bb–38 (THE PUBLIC HEALTH AND WELFARE)
§ 290bb–38. Grants for jail diversion programs
(a) Program authorized
The Secretary shall make grants to States, political subdivisions of States, and Indian Tribes and Tribal organizations (as the terms “Indian tribes” and “tribal organizations” are defined in section 4 of the Indian Self-Determination and Education Assistance Act [25 U.S.C. 5304]), acting directly or through agreements with other public or nonprofit entities, or a health facility or program operated by or in accordance with a contract or grant with the Indian Health Service, to develop and implement programs to divert individuals with a mental illness from the criminal justice system to community-based services.
(b) Administration
(1) Consultation
The Secretary shall consult with the Attorney General and any other appropriate officials in carrying out this section.
(2) Regulatory authority
The Secretary shall issue regulations and guidelines necessary to carry out this section, including methodologies and outcome measures for evaluating programs carried out by States, political subdivisions of States, Indian Tribes, and Tribal organizations receiving grants under subsection (a).
(c) Applications
(1) In general
To receive a grant under subsection (a), the chief executive of a State, chief executive of a subdivision of a State, an Indian Tribe or Tribal organization, a health facility or program described in subsection (a), or a public or nonprofit entity referred to in subsection (a) shall prepare and submit an application to the Secretary at such time, in such manner, and containing such information as the Secretary shall reasonably require.
(2) Content
Such application shall—
(A) contain an assurance that—
(i) community-based mental health services will be available for the individuals who are diverted from the criminal justice system, and that such services are based on evidence-based practices, reflect current research findings, include case management, assertive community treatment, medication management and access, integrated mental health and co-occurring substance use disorder treatment, peer recovery support services, and psychiatric rehabilitation, and will be coordinated with social services, including life skills training, housing placement, vocational training, education job placement, and health care;
(ii) there has been relevant interagency collaboration between the appropriate criminal justice, mental health, and substance use disorder systems; and
(iii) 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;
(B) demonstrate that the diversion program will be integrated with an existing system of care for those with mental illness;
(C) explain the applicant’s inability to fund the program adequately without Federal assistance;
(D) specify plans for obtaining necessary support and continuing the proposed program following the conclusion of Federal support; and
(E) describe methodology and outcome measures that will be used in evaluating the program.
(d) Special consideration regarding veterans
In awarding grants under subsection (a), the Secretary shall, as appropriate, give special consideration to entities proposing to use grant funding to support jail diversion services for veterans.
(e) Use of funds
A State, political subdivision of a State, Indian Tribe, or Tribal organization that receives a grant under subsection (a) may use funds received under such grant to—
(1) integrate the diversion program into the existing system of care;
(2) create or expand community-based mental health and co-occurring mental illness and substance use disorder services to accommodate the diversion program;
(3) train professionals and paraprofessionals involved in the system of care, and law enforcement officers, attorneys, and judges;
(4) provide community outreach and crisis intervention; and
(5) develop programs to divert individuals prior to booking, arrest, or release.
(f) Federal share
(1) In general
The Secretary shall pay to a State, political subdivision of a State, Indian Tribe, or Tribal organization receiving a grant under subsection (a) the Federal share of the cost of activities described in the application.
(2) Federal share
The Federal share of a grant made under this section shall not exceed 75 percent of the total cost of the program carried out by the State, political subdivision of a State, Indian Tribe, or Tribal organization. Such share shall be used for new expenses of the program carried out by such State, political subdivision of a State, Indian Tribe, or Tribal organization.
(3) Non-Federal share
The non-Federal share of payments made under this section may be made in cash or in kind fairly evaluated, including planned equipment or services. The Secretary may waive the requirement of matching contributions.
(g) Geographic distribution
The Secretary shall ensure that such grants awarded under subsection (a) are equitably distributed among the geographical regions of the United States and between urban and rural populations.
(h) Training and technical assistance
Training and technical assistance may be provided by the Secretary to assist a State, political subdivision of a State, Indian Tribe, or Tribal organization receiving a grant under subsection (a) in establishing and operating a diversion program.
(i) Evaluations
The programs described in subsection (a) shall be evaluated not less than one time in every 12-month period using the methodology and outcome measures identified in the grant application.
(j) Authorization of appropriations
There are authorized to be appropriated to carry out this section $14,000,000 for each of fiscal years 2023 through 2027.
(July 1, 1944, ch. 373, title V, § 520G, as added Pub. L. 106–310, div. B, title XXXII, § 3210, Oct. 17, 2000, 114 Stat. 1201; amended Pub. L. 114–255, div. B, title IX, § 9002, Dec. 13, 2016, 130 Stat. 1234; Pub. L. 117–328, div. FF, title I, § 1216, Dec. 29, 2022, 136 Stat. 5669.)
heading: Editorial Notes
heading: Amendments
text: 2022—Subsec. (a). Pub. L. 117–328, § 1216(1), struck out “up to 125” before “grants” and substituted “Tribes and Tribal organizations” for “tribes and tribal organizations”.
Subsec. (b)(2). Pub. L. 117–328, § 1216(2), substituted “Tribes, and Tribal organizations” for “tribes, and tribal organizations”.
Subsec. (c)(1). Pub. L. 117–328, § 1216(3)(A), substituted “an Indian Tribe or Tribal organization, a health facility or program described in subsection (a), or a public or nonprofit entity referred to in subsection (a)” for “Indian tribe or tribal organization”.
Subsec. (c)(2)(A)(i). Pub. L. 117–328, § 1216(3)(B)(i), inserted “peer recovery support services,” after “disorder treatment,”.
Subsec. (c)(2)(A)(iii). Pub. L. 117–328, § 1216(3)(B)(ii), substituted “Tribe, or Tribal organization” for “tribe, or tribal organization”.
Subsec. (e). Pub. L. 117–328, § 1216(4)(A), substituted “Tribe, or Tribal organization” for “tribe, or tribal organization” in introductory provisions.
Subsec. (e)(3). Pub. L. 117–328, § 1216(4)(B), inserted “and paraprofessionals” after “professionals”.
Subsec. (e)(5). Pub. L. 117–328, § 1216(4)(C), substituted “, arrest, or release” for “or arrest”.
Subsec. (f). Pub. L. 117–328, § 1216(5), substituted “Tribe, or Tribal organization” for “tribe, or tribal organization” wherever appearing.
Subsec. (h). Pub. L. 117–328, § 1216(6), substituted “Tribe, or Tribal organization” for “tribe, or tribal organization”.
Subsec. (j). Pub. L. 117–328, § 1216(7), substituted “$14,000,000 for each of fiscal years 2023 through 2027” for “$4,269,000 for each of fiscal years 2018 through 2022”.
2016—Subsec. (a). Pub. L. 114–255, § 9002(2), substituted “and Indian tribes and tribal organizations (as the terms ‘Indian tribes’ and ‘tribal organizations’ are defined in section 4 of the Indian Self-Determination and Education Assistance Act)” for “Indian tribes, and tribal organizations” and inserted “or a health facility or program operated by or in accordance with a contract or grant with the Indian Health Service,” after “entities,”.
Subsec. (c)(2)(A)(i). Pub. L. 114–255, § 9002(1), (3), substituted “evidence-based” for “the best known” and “substance use disorder” for “substance abuse”.
Subsec. (c)(2)(A)(ii). Pub. L. 114–255, § 9002(1), substituted “substance use disorder” for “substance abuse”.
Subsec. (d). Pub. L. 114–255, § 9002(5), added subsec. (d). Former subsec. (d) redesignated (e).
Subsec. (e). Pub. L. 114–255, § 9002(4), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).
Subsec. (e)(2). Pub. L. 114–255, § 9002(1), substituted “substance use disorder” for “substance abuse”.
Subsec. (e)(5). Pub. L. 114–255, § 9002(6), added par. (5).
Subsecs. (f) to (i). Pub. L. 114–255, § 9002(4), redesignated subsecs. (e) to (h) as (f) to (i), respectively. Former subsec. (i) redesignated (j).
Subsec. (j). Pub. L. 114–255, § 9002(4), (7), redesignated subsec. (i) as (j) and substituted “$4,269,000 for each of fiscal years 2018 through 2022” for “$10,000,000 for fiscal year 2001, and such sums as may be necessary for fiscal years 2002 through 2003”.