Sec. 12003. USE OF BYRNE GRANTS FOR IMPLEMENTATION OF STATE CRISIS INTERVENTION PROGRAMS
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## SEC. 12003 USE OF BYRNE GRANTS FOR IMPLEMENTATION OF STATE CRISIS INTERVENTION PROGRAMS ###
(a)Byrne JAG Program Section 501(a)(1) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152(a)(1)) is amended— ####
(1)in the matter preceding subparagraph (A), by inserting “or civil proceedings” after “criminal justice”; and ####
(2)by adding at the end the following: > > ##### “(I) > > Implementation of State crisis intervention court proceedings and related programs or initiatives, including but not limited to— > > > ###### “(i) > > mental health courts; > > > ###### “(ii) > > drug courts; > > > ###### “(iii) > > veterans courts; and > > > ###### “(iv) > > extreme risk protection order programs, which must include, at a minimum— > > > ###### “(I) > > pre-deprivation and post-deprivation due process rights that prevent any violation or infringement of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive or procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). Such programs must include, at the appropriate phase to prevent any violation of constitutional rights, at minimum, notice, the right to an in-person hearing, an unbiased adjudicator, the right to know opposing evidence, the right to present evidence, and the right to confront adverse witnesses; > > > ###### “(II) > > the right to be represented by counsel at no expense to the government; > > > ###### “(III) > > pre-deprivation and post-deprivation heightened evidentiary standards and proof which mean not less than the protections afforded to a similarly situated litigant in Federal court or promulgated by the State’s evidentiary body, and sufficient to ensure the full protections of the Constitution of the United States, including but not limited to the Bill of Rights, and the substantive and procedural due process rights guaranteed under the Fifth and Fourteenth Amendments to the Constitution of the United States, as applied to the States, and as interpreted by State courts and United States courts (including the Supreme Court of the United States). The heightened evidentiary standards and proof under such programs must, at all appropriate phases to prevent any violation of any constitutional right, at minimum, prevent reliance upon evidence that is unsworn or unaffirmed, irrelevant, based on inadmissible hearsay, unreliable, vague, speculative, and lacking a foundation; and > > > ###### “(IV) > > penalties for abuse of the program.” > . ###
(b)Annual Report on Crisis Intervention Programs Section 501 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152) is amended by adding at the end the following: > > ### “(h) Annual Report on Crisis Intervention Programs > > The Attorney General shall publish an annual report with respect to grants awarded for crisis intervention programs or initiatives under subsection (a)(1)(I) that contains— > > > #### “(1) > > a description of the grants awarded and the crisis intervention programs or initiatives funded by the grants, broken down by grant recipient; > > > #### “(2) > > an evaluation of the effectiveness of the crisis intervention programs or initiatives in preventing violence and suicide; > > > #### “(3) > > measures that have been taken by each grant recipient to safeguard the constitutional rights of an individual subject to a crisis intervention program or initiative; and > > > #### “(4) > > efforts that the Attorney General is making, in coordination with the grant recipients, to protect the constitutional rights of individuals subject to the crisis intervention programs or initiatives.” > .
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Sec. 12003
USE OF BYRNE GRANTS FOR IMPLEMENTATION OF STATE CRISIS INTERVENTION PROGRAMS
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