America's Law Enforcement and Mental Health Project
PL 106-515 (S.1865), enacted 11/13/2000

PUBLIC LAW 106-515—NOV. 13, 2000 
114 STAT. 2399 
Public Law 106-515 
106th Congress 
An Act 
To provide grants to establish demonstration mental health courts. 
Be it enacted by the Senate and House of Representatives 
of 
the United States of America in Congress assembled, 
''America's Law Enforcement 
SECTION 1. SHORT TITLE. 
This Act may be cited as the 
and Mental Health Project". 
SEC. 2. FINDINGS. 
Congress finds that— 
(1) fully 16 percent of all inmates in State prisons and 
local jails suffer from mental illness, according to a July, 1999 
report, conducted by the Bureau of Justice Statistics; 
(2) between 600,000 and 700,000 mentally ill persons are 
annually booked in jail alone, according to the American Jail 
Association; 
(3) estimates say 25 to 40 percent of America's mentally 
ill will come into contact with the criminal justice system, 
according to National Alliance for the Mentally 111; 
(4) 75 percent of mentally ill inmates have been sentenced 
to time in prison or jail or probation at least once prior to 
their current sentence, according to the Bureau of Justice 
Statistics in July, 1999; and 
(5) Broward County, Florida and King County, Washington, 
have created separate Mental Health Courts to place nonviolent 
mentally ill offenders into judicially monitored inpatient and 
outpatient mental health treatment programs, where appro-
priate, with positive results. 
SEC. 3. MENTAL HEALTH COURTS. 
(a) AMENDMENT.—Title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 is amended by inserting after part U 
(42 U.S.C. 3796hh et seq.) the following: 
"PART V—MENTAL HEALTH COURTS 
Nov. 13, 2000 
[S. 1865] 
America's Law 
Enforcement and 
Mental Health 
Project. 
Inter-
governmental 
relations. 
42 u s e 3711 
note. 
42 u s e 3796ii 
note. 
•SEC. 2201. GRANT AUTHORITY. 
"The Attorney General shall 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 not more than 100 programs that 
involve— 
42 u s e 3796ii. 
114 STAT. 2400 
PUBLIC LAW 106-515—NOV. 13, 2000 
"(1) continuing judicial supervision, including periodic 
review, over preliminarily qualified offenders with mental ill-
ness, mental retardation, or co-occurring mental illness and 
substance abuse disorders, who are charged with misdemeanors 
or nonviolent offenses; and 
"(2) the coordinated delivery of services, which includes— 
"(A) specialized training of law enforcement 
and 
judicial personnel to identify and address the unique needs 
of a mentally ill or mentally retarded offender; 
"(B) voluntary outpatient or inpatient mental health 
treatment, in the least restrictive manner appropriate, as 
determined by the court, that carries with it the possibility 
of dismissal of charges or reduced sentencing upon success-
ful completion of treatment; 
"(C) centralized 
case management 
involving 
the 
consolidation of all of a mentally ill or mentally retarded 
defendant's cases, including violations of probation, and 
the coordination of all mental health treatment plans and 
social services, including life skills training, such as 
housing placement, vocational training, education, job 
placement, health care, and relapse prevention for each 
participant who requires such services; and 
"(D) continuing supervision of treatment plan compli-
ance for a term not to exceed the maximum allowable 
sentence or probation for the charged or relevant offense 
and, to the extent practicable, continuity of psychiatric 
care at the end of the supervised period. 
42 use 3796ii-l. 
"SEC. 2202. DEFINITIONS. 
"In this part—> 
"(1) 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; and 
"(2) the term 'preliminarily qualified offender with mental 
illness, mental retardation, or co-occurring mental and sub-
stance abuse disorders' 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; and 
"(B) is deemed eligible by designated judges. 
42 use 3796ii-2. 
"SEC. 2203. ADMINISTRATION. 
"(a) CONSULTATION.—The Attorney General shall consult with 
the Secretary of Health and Human Services and any other appro-
priate officials in carrying out this part. 
PUBLIC LAW 106-515—NOV. 13, 2000 
114 STAT. 2401 
"(b) USE OF COMPONENTS.—The Attorney General may utilize 
any component or components of the Department of Justice in 
carr5ring out this part. 
"(c) REGULATORY AUTHORITY.—The Attorney General shall 
issue regulations and guidelines necessary to carry out this part 
which include, but are not limited to, the methodologies and out-
come measures proposed for evaluating each applicant program. 
"(d) APPLICATIONS.—In addition to any other requirements 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 implementa-
tion plan; 
"(2) explain the applicant's inability to fiind 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 community initiatives 
which complement or will be coordinated 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, including the State mental health authority; 
"(6) certify that participating offenders will be supervised 
by one or more designated judges with responsibility for the 
mental health court program; 
"(7) specify plans for obtaining necessary support and con-
tinuing the proposed program following the conclusion of Fed-
eral support; 
"(8) describe the methodology and outcome measures that 
will be used in evaluating the program; and 
"(9) certify that participating first time offenders without 
a history of a mental illness will receive a mental health 
evaluation. 
"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 
to the Attorney General an application 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 program described 
in the application submitted under section 2204 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 program, including the 
development of treatment services and the hiring and training 
of personnel. In-kind contributions may constitute a portion of 
the non-Federal share of a grant. 
"SEC. 2206. GEOGRAPHIC DISTRIBUTION. 
"The Attorney General shall ensure that, to the extent prac-
ticable, an equitable geographic distribution of grant awards is 
42 use 3796ii-3. 
42 use 3796ii-4. 
42 use 3796ii-5. 
114 STAT. 2402 
PUBLIC LAW 106-515—NOV. 13, 2000 
made that considers the special needs of rural communities, Indian 
tribes, and Alaska Natives. 
42 u s e 3796ii-6. 
"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. 
42 u s e 3796ii-7. 
"SEC. 2208. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION. 
"(a) TECHNICAL ASSISTANCE AND TRAINING.—The Attorney Gen-
eral 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 Attorney 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 collaboration with the Secretary of 
Health and Human Services, or through grants, contracts, or other 
cooperative arrangements 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 inserting after part U the 
following: 
"PART V—MENTAL HEALTH COURTS 
"Sec. 2201. Grant authority. 
"Sec. 2202. Definitions. 
"Sec. 2203. Administration. 
"Sec. 2204. Applications. 
"Sec. 2205. Federal share. 
"Sec. 2206. Geographic distribution. 
"Sec. 2207. Report. 
"Sec. 2208. Technical assistance, training, and evaluation.". 
PUBLIC LAW 106-515—NOV. 13, 2000 
114 STAT. 2403 
(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, $10,000,000 for each of fiscal years 2001 through 2004.". 
Approved November 13, 2000. 
LEGISLATIVE HISTORY—S. 1865: 
CONGRESSIONAL RECORD, Vol. 146 (2000): 
Sept. 26, considered and passed Senate. 
Oct. 24, considered and passed House.