Sec. 113. Mental health and drug treatment alternatives to incarceration programs
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Title I of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3711 et seq. ) is amended by striking part CC and inserting the following: In this section— the term eligible entity means a State, unit of local government, Indian Tribe, or nonprofit organization; and the term eligible participant means an individual who— comes into contact with the criminal justice system or is charged with an offense; has a history of or a current— substance use disorder; mental illness; or co-occurring mental illness and substance use disorders; and has been approved for participation in a program funded under this section by, the relevant law enforcement agency, prosecuting attorney, defense attorney, probation official, corrections official, judge, representative of a mental health agency, or representative of a substance abuse agency.
The Attorney General may make grants to eligible entities to develop, implement, or expand a treatment alternative to incarceration program for eligible participants, including— pre-booking treatment alternative to incarceration programs, including— law enforcement training on substance use disorders, mental illness, and co-occurring mental illness and substance use disorders; receiving centers as alternatives to incarceration of eligible participants; specialized response units for calls related to substance use disorders, mental illness, or co-occurring mental illness and substance use disorders; and other arrest and pre-booking treatment alternatives to incarceration models; or post-booking treatment alternative to incarceration programs, including— specialized clinical case management; pretrial services related to substances use disorders, mental illness, and co-occurring mental illness and substance use disorders; prosecutor and defender based programs; specialized probation; treatment and rehabilitation programs; and problem-solving courts, including mental health courts, drug courts, co-occuring mental health and substance abuse courts, DWI courts, and veterans treatment courts.
An eligible entity desiring a grant under this section shall submit an application to the Attorney General— that meets the criteria under paragraph (2); and at such time, in such manner, and accompanied by such information as the Attorney General may require. An eligible entity, in submitting an application under paragraph (1), shall— provide extensive evidence of collaboration with State and local government agencies overseeing health, community corrections, courts, prosecution, substance abuse, mental health, victims services, and employment services, and with local law enforcement agencies; and demonstrate consultation with the Single State Authority for Substance Abuse; demonstrate that evidence-based treatment practices will be utilized; and demonstrate that evidenced-based screening and assessment tools will be used to place participants in the treatment alternative to incarceration program.
Each eligible entity awarded a grant for a treatment alternative to incarceration program under this section shall— determine the terms and conditions of participation in the program by eligible participants, taking into consideration the collateral consequences of an arrest, prosecution or criminal conviction; ensure that each substance abuse and mental health treatment component is licensed and qualified by the relevant jurisdiction; for programs described in subsection (b)(2), organize an enforcement unit comprised of appropriately trained law enforcement professionals under the supervision of the State, Tribal, or local criminal justice agency involved, the duties of which shall include— the verification of addresses and other contacts of each eligible participant who participates or desires to participate in the program; and if necessary, the location, apprehension, arrest, and return to court of an eligible participant in the program who has absconded from the facility of a treatment provider or has otherwise significantly violated the terms and conditions of the program, consistent with Federal and State confidentiality requirements; notify the relevant criminal justice entity if any eligible participant in the program absconds from the facility of the treatment provider or otherwise violates the terms and conditions of the program, consistent with Federal and State confidentiality requirements; submit periodic reports on the progress of treatment or other measured outcomes from participation in the program of each eligible offender participating in the program to the relevant State, Tribal, or local criminal justice agency, including mental health courts, drug courts, co-occurring mental health and substance abuse courts, DWI courts, and veterans treatment courts; describe the evidence-based methodology and outcome measurements that will be used to evaluate the program, and specifically explain how such measurements will provide valid measures of the impact of the program; and describe how the program could be broadly replicated if demonstrated to be effective.
An eligible entity shall use a grant received under this section for expenses of a treatment alternative to incarceration program, including— salaries, personnel costs, equipment costs, and other costs directly related to the operation of the program, including the enforcement unit; payments for treatment providers that are approved by the relevant State or Tribal jurisdiction and licensed, if necessary, to provide needed treatment to eligible offenders participating in the program, including aftercare supervision, vocational training, education, and job placement; and payments to public and nonprofit private entities that are approved by the State or Tribal jurisdiction and licensed, if necessary, to provide alcohol and drug addiction treatment to eligible offenders participating in the program.
An eligible entity shall use Federal funds received under this section only to supplement the funds that would, in the absence of those Federal funds, be made available from other Federal and non-Federal sources for the activities described in this section, and not to supplant those funds. 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 subsection (d). The Attorney General shall ensure that, to the extent practicable, the geographical distribution of grants under this section is equitable and includes a grant to an eligible entity in— each State; rural, suburban, and urban areas; and Tribal jurisdictions.
Each fiscal year, each recipient of a grant under this section during that fiscal year shall submit to the Attorney General a report on the outcomes of activities carried out using that grant in such form, containing such information, and on such dates as the Attorney General shall specify. All grants awarded by the Attorney General under this section shall be subject to the following accountability provisions: In this paragraph, the term unresolved audit finding means a finding in the final audit report of the Inspector General of the Department of Justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 12 months from the date on which the final audit report is issued.
Beginning in the first fiscal year beginning after the date of enactment of this subsection, and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants under this section to prevent waste, fraud, and abuse of funds by grantees. The Inspector General shall determine the appropriate number of grantees to be audited each year. A recipient of grant funds under this section that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this section during the first 2 fiscal years beginning after the end of the 12-month period described in subparagraph (A).
In awarding grants under this section, the Attorney General shall give priority to eligible applicants that did not have an unresolved audit finding during the 3 fiscal years before submitting an application for a grant under this section. If an entity is awarded grant funds under this section during the 2-fiscal-year period during which the entity is barred from receiving grants under subparagraph (C), the Attorney General shall— deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the General Fund of the Treasury; and seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds.
For purposes of this paragraph and the grant programs under this part, the term nonprofit organization means an organization that is described in section 501(c)(3) of the Internal Revenue Code of 1986 and is exempt from taxation under section 501(a) of such Code. The Attorney General may not award a grant under this part to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of the Internal Revenue Code of 1986.
Each nonprofit organization that is awarded a grant under this section and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers, directors, trustees, and key employees, shall disclose to the Attorney General, in the application for the grant, the process for determining such compensation, including the independent persons involved in reviewing and approving such compensation, the comparability data used, and contemporaneous substantiation of the deliberation and decision.
Upon request, the Attorney General shall make the information disclosed under this subparagraph available for public inspection. No amounts made available to the Department of Justice under this section may be used by the Attorney General, or by any individual or entity awarded discretionary funds through a cooperative agreement under this section, to host or support any expenditure for conferences that uses more than $20,000 in funds made available by the Department of Justice, unless the head of the relevant agency or department, provides prior written authorization that the funds may be expended to host the conference.
Written approval under subparagraph
(A)shall include a written estimate of all costs associated with the conference, including the cost of all food, beverages, audio-visual equipment, honoraria for speakers, and entertainment. The Deputy Attorney General shall submit an annual report to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives on all conference expenditures approved under this paragraph. Beginning in the first fiscal year beginning after the date of enactment of this subsection, the Attorney General shall submit, to the Committee on the Judiciary and the Committee on Appropriations of the Senate and the Committee on the Judiciary and the Committee on Appropriations of the House of Representatives, an annual certification— indicating whether— all audits issued by the Office of the Inspector General under paragraph
(1)have been completed and reviewed by the appropriate Assistant Attorney General or Director; all mandatory exclusions required under paragraph (1)(C) have been issued; and all reimbursements required under paragraph (1)(E) have been made; and that includes a list of any grant recipients excluded under paragraph
(1)from the previous year. Before the Attorney General awards a grant to an applicant under this section, the Attorney General shall compare potential grant awards with other grants awarded under this Act to determine if duplicate grant awards are awarded for the same purpose. If the Attorney General awards duplicate grants to the same applicant for the same purpose the Attorney General shall submit to the Committee on the Judiciary of the Senate and the Committee on the Judiciary of the House of Representatives a report that includes— a list of all duplicate grants awarded, including the total dollar amount of any duplicate grants awarded; and the reason the Attorney General awarded the duplicate grants. .
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Sec. 113
Mental health and drug treatment alternatives to incarceration programs
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