42 U.S. Code § 3796ii–2 - Administration

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(a) Consultation
The Attorney General shall consult with the Secretary of Health and Human Services and any other appropriate officials in carrying out this subchapter.
(b) Use of components
The Attorney General may utilize any component or components of the Department of Justice in carrying out this subchapter.
(c) Regulatory authority
The Attorney General shall issue regulations and guidelines necessary to carry out this subchapter which include, but are not limited to, the methodologies and outcome 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 subchapter shall—
(1) include a long-term strategy and detailed implementation plan;
(2) explain the applicant’s inability to fund 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 continuing the proposed program following the conclusion of Federal 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.


(Pub. L. 90–351, title I, § 2203, as added Pub. L. 106–515, § 3(a),Nov. 13, 2000, 114 Stat. 2400.)
Prior Provisions

A prior section 3796ii–2,Pub. L. 90–351, title I, § 2203, as added Pub. L. 103–322, title V, § 50001(a)(3),Sept. 13, 1994, 108 Stat. 1956, defined “violent offender”, prior to repeal by Pub. L. 104–134, title I, § 101[(a)] [title I, § 114(b)(1)(A)], Apr. 26, 1996, 110 Stat. 1321, 1321–21; renumbered title I, Pub. L. 104–140, § 1(a),May 2, 1996, 110 Stat. 1327.

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28 CFR - Judicial Administration



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