r/title-34-CRIME-CONTROL-AND-LAW-ENFORCEMENT wiki — defined terms
The statute’s own glossary: every term Title 34 defines, in section order.
“State” applies in that section
the term “State” includes an Indian tribal government.
“DOJ grant funds” applies in that section
the term “DOJ grant funds” means, for a fiscal year, amounts appropriated for activities of the Department of Justice in carrying out grant programs for that fiscal year. (d) Applicability This section applies to DOJ grant funds for fiscal years beginning with fiscal year 2006.
“geographically constituent unit of local government” applies in that section
the term “geographically constituent unit of local government” means a unit of local government that has jurisdiction over areas located within the boundaries of an area over which a unit of local government certified pursuant to clause (i) has jurisdiction. (e) Limitation on allocations to units of local government (1) Maximum allocation No unit of local government shall receive a total allocation under this section that exceeds such unit’s total expenditures on criminal justice services for the most recently completed fiscal year for which data are available.
“part 1 violent crimes” applies in that section
the term “part 1 violent crimes” shall include severe forms of trafficking in persons (as defined in section 7102 of title 22 ).
“unit of local government” applies in that section
the term “unit of local government” means a district attorney or a parish sheriff. (i) Part 1 violent crimes to include human trafficking For purposes of this section,
“certified training program or course” applies in that section
the term “certified training program or course” means a program or course using 1 or more of the training curricula developed or identified under section 10381(n)(1) 1 of this title, or equivalents to such training curricula— (1) that is provided by the Attorney General under section 10381(n)(3) 1 of this title; or (2) that is— (A) provided by a public or private entity, including the personnel of a law enforcement agency or law enforcement training academy of a State or unit of local government who have been trained to offer training programs or courses under section 10381(n)(3) 1 of this title; and (B) certified by the Attorney General under section 10381(n)(2) 1 of this title.
“covered topic” applies in that section
the term “covered topic” means a topic covered under the curricula developed or identified under clause (i), (ii), or (iv) of section 10381(n)(1)(A) 1 of this title. (B) Requirement to provide initial training A State or unit of local government shall ensure that all officers who have been employed with the State or unit of local government for at least 2 years have received training as part of a certified training program or course on all covered topics before the State or unit of local government uses amounts received under a grant under paragraph (1) for continuing education with respect to any covered topic.
“trauma kit” applies in that section
the term “trauma kit” means a first aid response kit, which includes a bleeding control kit that can be used for controlling a life-threatening hemorrhage. (2) Requirement for trauma kits.— (A) In general .— Notwithstanding any other provision of law, a grantee may only purchase a trauma kit using funds made available under this subchapter if the trauma kit meets the performance standards established by the Director of the Bureau of Justice Assistance under paragraph (3)(A).
“rail carrier” applies in that section
the terms “rail carrier” and “railroad” have the meanings given such terms in section 20102 of title 49 ; and;
“railroad” applies in that section
the terms “rail carrier” and “railroad” have the meanings given such terms in section 20102 of title 49 ; and;
“railroad police officer” applies in that section
the term “railroad police officer” means a peace officer who is commissioned in his or her State of legal residence or State of primary employment and employed by a rail carrier to enforce State laws for the protection of railroad property, personnel, passengers, or cargo.
“court” applies throughout its chapter
the term “court” means a tribunal recognized as a part of the judicial branch of a State or of its local government units; (17) “institution of higher education” means any such institution as defined by section 1001 of title 20 , subject, however, to such modifications and extensions as the Office may determine to be appropriate; (18) “white-collar crime” means an illegal act or series of illegal acts committed by nonphysical means and by concealment or guile, to obtain money or property, to avoid the payment or loss of money or property, or to obtain business or personal advantage; (19) “proven effectiveness” means that a program, project, approach, or practice has been shown by analysis …
“covered mental health professional” applies throughout its chapter
the term “covered mental health professional” means a mental health professional working on a crisis intervention team— (A) as an employee of a law enforcement agency; or (B) under a legal agreement with a law enforcement agency. (b) Data basis for definitions; reflection of technical changes or modifications Where appropriate, the definitions in subsection (a) shall be based, with respect to any fiscal year, on the most recent data compiled by the United States Bureau of the Census and the latest published reports of the Office of Management and Budget available ninety days prior to the beginning of such fiscal year.
“crisis intervention team” applies throughout its chapter
the term “crisis intervention team” means a collaborative, interdisciplinary team that brings together specially trained law enforcement officers, mental health providers, and other community stakeholders to respond to mental health-related calls, use appropriate de-escalation techniques, and assess if referral to services or transport for mental health evaluation is appropriate; and;
“de-escalation” applies throughout its chapter
the term “de-escalation” means taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary;
“disability” applies throughout its chapter
the term “disability” has the meaning given that term in section 12102 of title 42 ;
“hearing examiner” applies throughout its chapter
the term “hearing examiner” includes any medical or claims examiner;
“Indian Tribe” applies throughout its chapter
the term “Indian Tribe” has the meaning given the term “Indian tribe” in section 5304(e) of title 25 ;
“mental or behavioral health or suicidal crisis” applies throughout its chapter
the term “mental or behavioral health or suicidal crisis”— (A) means a situation in which the behavior of a person— (i) puts the person at risk of hurting himself or herself or others; or (ii) impairs or prevents the person from being able to care for himself or herself or function effectively in the community; and (B) includes a situation in which a person— (i) is under the influence of a drug or alcohol, is suicidal, or experiences symptoms of a mental illness; or (ii) may exhibit symptoms, including emotional reactions (such as fear or anger), psychological impairments (such as inability to focus, confusion, or psychosis), and behavioral reactions (such as the trigger of a freeze, fight, …
“private person” applies throughout its chapter
the term “private person” means any individual (including an individual acting in his official capacity) and any private partnership, corporation, association, organization, or entity (or any combination thereof);
“residential substance abuse treatment program” applies throughout its chapter
the term “residential substance abuse treatment program” means a course of individual and group activities, lasting between 6 and 12 months, in residential treatment facilities set apart from the general prison population— (A) directed at the substance abuse problems of the prisoner; and (B) intended to develop the prisoner’s cognitive, behavioral, social, vocational, and other skills so as to solve the prisoner’s substance abuse and related problems;
“young offender” applies throughout its chapter
the term “young offender” means a non-violent first-time offender or a non-violent offender with a minor criminal record who is 22 years of age or younger (including juveniles);
“nonprofit organization” applies in that section
the term “nonprofit organization” means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title. (B) Prohibition The Attorney General shall not award a grant under any grant program described in this Act to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of title 26 .
“unresolved audit finding” applies in that section
the term “unresolved audit finding” means an audit report finding in the final audit report of the Inspector General of the Department of Justice that the grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within a 12-month period beginning on the date when the final audit report is issued. (6) Nonprofit organization requirements (A) Definition For purposes of this section and the grant programs described in this Act,
“carcinogen” applies in that section
The term “carcinogen” means an agent that is— (i) classified by the International Agency for Research on Cancer under Group 1 or Group 2A; and (ii) reasonably linked to an exposure-related cancer. (B) Director
“Director” applies in that section
The term “Director” means the Director of the Bureau. (C) Exposure-related cancer As updated from time to time in accordance with paragraph (3),
“exposed” applies in that section
The term “exposed” includes— (i) directly experiencing or witnessing an event; or (ii) being subjected, in an intense way, to aversive consequences of the event (including a public safety officer collecting human remains). (E) Traumatic event
“exposure-related cancer” applies in that section
the term “exposure-related cancer” means— (i) bladder cancer; (ii) brain cancer; (iii) breast cancer; (iv) cervical cancer; (v) colon cancer; (vi) colorectal cancer; (vii) esophageal cancer; (viii) kidney cancer; (ix) leukemia; (x) lung cancer; (xi) malignant melanoma; (xii) mesothelioma; (xiii) multiple myeloma; (xiv) non-Hodgkins lymphoma; (xv) ovarian cancer; (xvi) prostate cancer; (xvii) skin cancer; (xviii) stomach cancer; (xix) testicular cancer; (xx) thyroid cancer; (xxi) any form of cancer that is considered a WTC-related health condition under section 300mm–22(a) of title 42 ; and (xxii) any form of cancer added to this definition pursuant to an update in accordance with paragraph …
“mass casualty event” applies in that section
The term “mass casualty event” means an incident resulting in casualties to not fewer than 3 victims, including— (i) an incident that exceeds the normal resources for emergency response available in the jurisdiction where the incident takes place; and (ii) an incident that results in a sudden and timely surge of injured individuals necessitating emergency services. (B) Mass fatality event
“mass fatality event” applies in that section
The term “mass fatality event” means an incident resulting in the fatalities of not fewer than 3 individuals at 1 or more locations close to one another with a common cause. (C) Mass shooting
“mass shooting” applies in that section
The term “mass shooting” means a multiple homicide incident in which not fewer than 3 victims are killed— (i) with a firearm; (ii) during one event; and (iii) in one or more locations in close proximity. (D) Exposed
“retired law enforcement officer” applies in that section
the term “retired law enforcement officer” means an individual who separated from service in good standing as a law enforcement officer in an official capacity at a public agency with or without compensation. (2) Eligibility A retired law enforcement officer shall be eligible for a benefit under this subchapter if the officer died or became permanently and totally disabled as the direct and proximate result of a personal injury resulting from a targeted attack because of the retired law enforcement officer’s service as a law enforcement officer. (q) Exposure-related cancers (1) Definitions In this subsection: (A) Carcinogen
“traumatic event” applies in that section
The term “traumatic event” means, in the case of a public safety officer exposed to an event, an event that is— (i) a homicide, suicide, or the violent or gruesome death of another individual (including such a death resulting from a mass casualty event, mass fatality event, or mass shooting); (ii) a harrowing circumstance posing an extraordinary and significant danger or threat to the life of or of serious bodily harm to any individual (including such a circumstance as a mass casualty event, mass fatality event, or mass shooting); or (iii) an act of criminal sexual violence committed against any individual.
“nature of the claim” applies in that section
the term “nature of the claim” means whether the claim is a claim for— (A) benefits under this part with respect to the death of a public safety officer; (B) benefits under this part with respect to the disability of a public safety officer; or (C) education assistance under part B.
“Attorney General” applies throughout its part
The term “Attorney General” means the Attorney General of the United States.;
“eligible educational institution” applies throughout its part
The term “eligible educational institution” means an institution which— (A) is an institution of higher education, as defined in section 102 of the Higher Education Act of 1965 ( 20 U.S.C. 1002 ); and (B) is eligible to participate in programs under title IV of such Act [ 20 U.S.C. 1070 et seq.].
“program of education” applies throughout its part
The term “program of education” means any curriculum or any combination of unit courses or subjects pursued at an eligible educational institution, which generally is accepted as necessary to fulfill requirements for the attainment of a predetermined and identified educational, professional, or vocational objective. It includes course work for the attainment of more than one objective if in addition to the previous requirements, all the objectives generally are recognized as reasonably related to a single career field.;
“abuse” applies throughout its subchapter
the term “abuse” means physical or mental injury, sexual abuse or exploitation, or negligent treatment of a child.
“child” applies throughout its subchapter
the term “child” means an individual under the age of 18 years; and;
“rural State” applies in that section
the term “rural State” means a State that has a population density of fifty-two or fewer persons per square mile or a State in which the largest county has fewer than one hundred and fifty thousand people, based on the decennial census of 1990 through fiscal year 1997.
“local entity” applies throughout its subchapter
the term “local entity” means a child support enforcement agency, law enforcement agency, prosecuting attorney, or unit of local government.
“eligible entity” applies in that section
the term “eligible entity” means a law enforcement agency in partnership with not less than 1 educational institution, which may include 1 or any combination of the following: (A) An elementary school. (B) A secondary school. (C) An institution of higher education. (D) A Hispanic-serving institution. (E) A historically Black college or university. (F) A Tribal college.
“budgeted strength” applies in that section
The term “budgeted strength” means the employment of the maximum number of sworn law enforcement officers the budget of a law enforcement agency allows the agency to employ. (2) Procedures Not later than 180 days after May 24, 2024 , the Attorney General shall establish consistent procedures for covered applicants, including guidance that— (A) clarifies that covered applicants remain eligible for funding under this subchapter; and (B) enables covered applicants to attest that the funding from a grant awarded under this subchapter is not being used by the law enforcement agency to supplant State or local funds, as described in subsection (a).
“covered applicant” applies in that section
The term “covered applicant” means an applicant for a hiring grant under this subchapter seeking funding for a law enforcement agency operating below the budgeted strength of the law enforcement agency. (B) Budgeted strength
“restorative justice program” applies in that section
the term “restorative justice program” means a program that emphasizes the moral accountability of an offender toward the victim and the affected community and may include community reparations boards, restitution (in the form of monetary payment or service to the victim or, where no victim can be identified, service to the affected community), and mediation between victim and offender.
“discretionary” applies in that section
The term “discretionary” means that a system of graduated sanctions is not required to be imposed by each and every juvenile court in a State or unit of local government. (2) Sanctions
“sanctions” applies in that section
The term “sanctions” means tangible, proportional consequences that hold the juvenile offender accountable for the offense committed. A sanction may include counseling, restitution, community service, a fine, supervised probation, or confinement.
“juvenile” applies throughout its subchapter
The term “juvenile” means an individual who is 17 years of age or younger. (5) Juvenile justice expenditures
“juvenile justice expenditures” applies throughout its subchapter
The term “juvenile justice expenditures” means expenditures in connection with the juvenile justice system, including expenditures in connection with such system to carry out— (A) activities specified in section 10401(b) of this title ; and (B) other activities associated with prosecutorial and judicial services and corrections as reported to the Bureau of the Census for the fiscal year preceding the fiscal year for which a determination is made under this subchapter. (6) Part 1 violent crimes
“part 1 violent crimes” applies throughout its subchapter
The term “part 1 violent crimes” means murder and nonnegligent manslaughter, forcible rape, robbery, and aggravated assault as reported to the Federal Bureau of Investigation for purposes of the Uniform Crime Reports.
“specially qualified unit” applies throughout its subchapter
The term “specially qualified unit” means a unit of local government which may receive funds under this subchapter only in accordance with section 10404(e) of this title . (3) State
“State” applies throughout its subchapter
The term “State” means any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands, except that— (A) the Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands (the “partial States”) shall collectively be considered as 1 State; and (B) for purposes of section 10404(a) of this title , the amount allocated to a partial State shall bear the same proportion to the amount collectively allocated to the partial States as the population of the partial State bears to the collective population of the partial States. (4) Juvenile
“unit of local government” applies throughout its subchapter
The term “unit of local government” means— (A) a county, township, city, or political subdivision of a county, township, or city, that is a unit of local government as determined by the Secretary of Commerce for general statistical purposes; (B) any law enforcement district or judicial enforcement district that— (i) is established under applicable State law; and (ii) has the authority, in a manner independent of other State entities, to establish a budget and raise revenues; and (C) the District of Columbia and the recognized governing body of an Indian tribe or Alaskan Native village that carries out substantial governmental duties and powers. (2) Specially qualified unit
“residential substance abuse treatment program” applies throughout its subchapter
the term “residential substance abuse treatment program” means a course of comprehensive individual and group substance abuse treatment services, lasting a period of at least 6 months, in residential treatment facilities set apart from the general population of a prison or jail (which may include the use of pharmacological treatment, where appropriate, that may extend beyond such period).
“Native Hawaiian” applies in that section
the term “Native Hawaiian” has the meaning given that term in section 4221 of title 25 .
“child custody proceeding” applies in that section
The term “child custody proceeding”— (i) means a private family court proceeding in State or local court that, with respect to a child, involves the care or custody of the child in a private divorce, separation, visitation, paternity, child support, legal or physical custody, or civil protection order proceeding between the parents of the child; and (ii) does not include— (I) any child protective, abuse, or neglect proceeding; (II) a juvenile justice proceeding; or (III) any child placement proceeding in which a State, local, or Tribal government, a designee of such a government, or any contracted child welfare agency or child protective services agency of such a government is a party to …
“eligible State” applies in that section
The term “eligible State” means a State that— (i) receives a grant under subsection (a); and (ii) has in effect— (I) each law described in paragraph (3); (II) the standards described in paragraph (4); and (III) the training program described in paragraph (5). (C) Reunification treatment
“reunification treatment” applies in that section
The term “reunification treatment” means a treatment or therapy aimed at reuniting or reestablishing a relationship between a child and an estranged or rejected parent or other family member of the child. (2) Increase (A) In general The Attorney General shall increase the amount of a grant awarded under subsection (a) to an eligible State that submits an application under paragraph (6) by an amount that is not more than 10 percent of the average of the total amount of funding provided to the State under subsection (a) under the 3 most recent awards to the State. (B) Term of increase An increase of a grant under subparagraph (A) shall be for 1 fiscal year.
“protection order” applies in that section
the term “protection order” has the meaning given the term in section 2266 of title 18 .
“eligible entity” applies in that section
the term “eligible entity” means a State or Tribal court that is part of a multidisciplinary partnership that includes, to the extent practicable— (1) a State, Tribal, or local law enforcement agency; (2) a State, Tribal, or local prosecutor’s office; (3) a victim service provider or State or Tribal domestic violence coalition; (4) a provider of culturally specific services; (5) a nonprofit program or government agency with demonstrated experience in providing legal assistance or legal advice to victims of domestic violence and sexual assault; (6) the bar association of the applicable State or Indian Tribe; (7) the State or Tribal association of court clerks; (8) a State, Tribal, or local …
“court-ordered assisted outpatient treatment” applies throughout its subchapter
the term “court-ordered assisted outpatient treatment” means a program through which a court may order a treatment plan for an eligible patient that— (A) requires such patient to obtain outpatient mental health treatment while the patient is not currently residing in a correctional facility or inpatient treatment facility; and (B) is designed to improve access and adherence by such patient to intensive behavioral health services in order to— (i) avert relapse, repeated hospitalizations, arrest, incarceration, suicide, property destruction, and violent behavior; and (ii) provide such patient with the opportunity to live in a less restrictive alternative to incarceration or involuntary …
“eligible patient” applies throughout its subchapter
the term “eligible patient” means an adult, mentally ill person who, as determined by a court— (A) has a history of violence, incarceration, or medically unnecessary hospitalizations; (B) without supervision and treatment, may be a danger to self or others in the community; (C) is substantially unlikely to voluntarily participate in treatment; (D) may be unable, for reasons other than indigence, to provide for any of his or her basic needs, such as food, clothing, shelter, health, or safety; (E) has a history of mental illness or a condition that is likely to substantially deteriorate if the person is not provided with timely treatment; or (F) due to mental illness, lacks capacity to fully …
“mental illness” applies throughout its subchapter
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 Statistical Manual of Mental Disorders published by the American Psychiatric Association; and (B) that has resulted in functional impairment that substantially interferes with or limits 1 or more major life activities; (2) the term “preliminarily qualified offender with mental illness, mental retardation, or co-occurring mental and substance 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, …
“nonprofit agency” applies in that section
the term “nonprofit agency” means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of title 26 . (B) Prohibition The Attorney General may not award a grant under this section to a nonprofit agency that holds money in an offshore account for the purpose of avoiding paying the tax described in section 511(a) of title 26 .
“unresolved audit finding” applies in that section
the term “unresolved audit finding” means a finding in the final audit report of the Inspector General of the Department of Justice under subparagraph (C) that the audited grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 1 year after the date on which 1 final audit report is issued. (B) Audits Beginning in the first fiscal year beginning after December 13, 2016 , and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of grantees under this section to prevent waste, fraud, and abuse of funds by grantees.
“family-friendly policy” applies throughout its subchapter
the term “family-friendly policy” means a policy to promote or improve the morale and well being of law enforcement personnel and their families; and;
“law enforcement personnel” applies throughout its subchapter
the term “law enforcement personnel” means individuals employed by Federal, State, and local law enforcement agencies.
“appropriated funds” applies in that section
the term “appropriated funds” means any amounts that are appropriated for any of fiscal years 2016 through 2020 to carry out this subchapter. (2) Expiration All appropriated funds that are not obligated on or before December 31, 2022 shall be transferred to the General Fund of the Treasury not later than January 31, 2023 .
“armor vest” applies throughout its subchapter
the term “armor vest” means— (A) body armor, no less than Type I, which has been tested through the voluntary compliance testing program operated by the National Law Enforcement and Corrections Technology Center of the National Institute of Justice (NIJ), and found to meet or exceed the requirements of NIJ Standard 0101.03, or any subsequent revision of such standard; or (B) body armor that has been tested through the voluntary compliance testing program, and found to meet or exceed the requirements of NIJ Standard 0115.00, or any revision of such standard;
“body armor” applies throughout its subchapter
the term “body armor” means any product sold or offered for sale as personal protective body covering intended to protect against gunfire, stabbing, or other physical harm;
“Indian tribe” applies throughout its subchapter
the term “Indian tribe” has the same meaning as in section 5304(e) of title 25 ; and;
“law enforcement officer” applies throughout its subchapter
the term “law enforcement officer” means any officer, agent, or employee of a State, unit of local government, or Indian tribe authorized by law or by a government agency to engage in or supervise the prevention, detection, or investigation of any violation of criminal law, or authorized by law to supervise sentenced criminal offenders.
“State” applies throughout its subchapter
the term “State” means each of the 50 States, the District of Columbia, the Commonwealth of Puerto Rico, the United States Virgin Islands, American Samoa, Guam, and the Northern Mariana Islands;
“unit of local government” applies throughout its subchapter
the term “unit of local government” means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level;
“body armor” applies in that section
The term “body armor” means any product sold or offered for sale, in interstate or foreign commerce, as personal protective body covering intended to protect against gunfire, regardless of whether the product is to be worn alone or is sold as a complement to another product or garment. (2) Law enforcement agency
“Federal agency” applies in that section
the terms “Federal agency” and “surplus property” have the meanings given such terms under section 102 of title 40 . (2) Donation of body armor Notwithstanding sections 541–555 of title 40, the head of a Federal agency may donate body armor directly to any State or local law enforcement agency, if such body armor— (A) is in serviceable condition; (B) is surplus property; and (C) meets or exceeds the requirements of National Institute of Justice Standard 0101.03 (as in effect on November 2, 2002 ).
“law enforcement agency” applies in that section
The term “law enforcement agency” means an agency of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law. (3) Law enforcement officer
“law enforcement officer” applies in that section
The term “law enforcement officer” means any officer, agent, or employee of the United States, a State, or a political subdivision of a State, authorized by law or by a government agency to engage in or supervise the prevention, detection, investigation, or prosecution of any violation of criminal law.
“surplus property” applies in that section
the terms “Federal agency” and “surplus property” have the meanings given such terms under section 102 of title 40 . (2) Donation of body armor Notwithstanding sections 541–555 of title 40, the head of a Federal agency may donate body armor directly to any State or local law enforcement agency, if such body armor— (A) is in serviceable condition; (B) is surplus property; and (C) meets or exceeds the requirements of National Institute of Justice Standard 0101.03 (as in effect on November 2, 2002 ).
“evidence-based” applies throughout its subchapter
the term “evidence-based” means a program, practice, technology, or equipment that— (A) demonstrates a statistically significant effect on relevant outcomes based on— (i) strong evidence from not less than 1 well-designed and well-implemented experimental study; (ii) moderate evidence from not less than 1 well-designed and well-implemented quasi-experimental study; or (iii) promising evidence from not less than 1 well-designed and well-implemented correlational study with statistical controls for selection bias; (B) demonstrates a rationale based on high-quality research findings or positive evaluation that such program, practice, technology, or equipment is likely to improve relevant …
“Indian tribe” applies throughout its subchapter
the term “Indian tribe” has the same meaning as in section 5304(e) of title 25 ;
“school” applies throughout its subchapter
the term “school” means an elementary or secondary school, including a Bureau-funded school (as defined in section 2021 of title 25 );
“tribal organization” applies throughout its subchapter
the term “tribal organization” has the same meaning given the term in section 5304( l ) of title 25.
“unit of local government” applies throughout its subchapter
the term “unit of local government” means a county, municipality, town, township, village, parish, borough, or other unit of general government below the State level;
“State” applies in that section
the term “State” means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, the Virgin Islands, American Samoa, Guam, and the Commonwealth of the Northern Mariana Islands, except that— (1) for purposes of the allocation under this section, American Samoa and the Commonwealth of the Northern Mariana Islands shall be considered as 1 State; and (2) for purposes of paragraph (1), 67 percent of the amount allocated shall be allocated to American Samoa, and 33 percent shall be allocated to the Commonwealth of the Northern Mariana Islands.
“nonviolent offense” applies throughout its subchapter
The term “nonviolent offense” means an offense that— (A) does not have as an element the use, attempted use, or threatened use of physical force against the person or property of another; or (B) is not a felony that by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. (3) Prison-based family treatment program
“nonviolent parent drug offender” applies throughout its subchapter
The term “nonviolent parent drug offender” means an offender who is— (A) pregnant or a parent of an individual under 18 years of age; and (B) convicted of a drug (or drug-related) felony that is a nonviolent offense. (2) Nonviolent offense
“prison-based family treatment program” applies throughout its subchapter
The term “prison-based family treatment program” means a program for incarcerated parents or pregnant women in a correctional facility that provides a comprehensive response to offender needs, including substance abuse treatment, child early intervention services, family counseling, legal services, medical care, mental health services, nursery and preschool, parenting skills training, pediatric care, physical therapy, prenatal care, sexual abuse therapy, relapse prevention, transportation, and vocational or GED training.
“violent offender” applies throughout its subchapter
the term “violent offender” means a person who— (1) is charged with or convicted of an offense that is punishable by a term of imprisonment exceeding one year, during the course of which offense or conduct— (A) the person carried, possessed, or used a firearm or dangerous weapon; (B) there occurred the death of or serious bodily injury to any person; or (C) there occurred the use of force against the person of another, without regard to whether any of the circumstances described in subparagraph (A) or (B) is an element of the offense or conduct of which or for which the person is charged or convicted; or (2) has 1 or more prior convictions for a felony crime of violence involving the use or …
“reentry court” applies in that section
the term “reentry court” means a program that— (1) monitors juvenile and adult eligible offenders reentering the community; (2) provides continual judicial supervision; (3) provides juvenile and adult eligible offenders reentering the community with coordinated and comprehensive reentry services and programs, such as— (A) drug and alcohol testing and assessment for treatment; (B) assessment for substance abuse from a substance abuse professional who is approved by the State or Indian tribe and licensed by the appropriate entity to provide alcohol and drug addiction treatment, as appropriate; (C) substance abuse treatment, including medication-assisted treatment, from a provider that is …
“alternative prosecution and sentencing” applies in that section
The terms “diversion” and “alternative prosecution and sentencing” mean the appropriate use of effective mental health treatment alternatives to juvenile justice or criminal justice system institutional placements for preliminarily qualified offenders. (B) Appropriate use In this paragraph,
“applicant” applies in that section
The term “applicant” means States, units of local government, Indian tribes, and tribal organizations that apply for a grant under this section. (2) Collaboration program
“appropriate use” applies in that section
the term “appropriate use” includes the discretion of the judge or supervising authority, the leveraging of graduated sanctions to encourage compliance with treatment, and law enforcement diversion, including crisis intervention teams. (C) Graduated sanctions In this paragraph,
“collaboration program” applies in that section
The term “collaboration program” means a program to promote public safety by ensuring access to adequate mental health and other treatment services for mentally ill adults or juveniles that is overseen cooperatively by— (A) a criminal or juvenile justice agency or a mental health court; and (B) a mental health agency. (3) Criminal or juvenile justice agency
“correctional facility” applies in that section
The term “correctional facility” means a jail, prison, or other detention facility used to house people who have been arrested, detained, held, or convicted by a criminal justice agency or a court. (B) Eligible inmate
“criminal or juvenile justice agency” applies in that section
The term “criminal or juvenile justice agency” means an agency of a State or local government or its contracted agency that is responsible for detection, arrest, enforcement, prosecution, defense, adjudication, incarceration, probation, or parole relating to the violation of the criminal laws of that State or local government. (4) Diversion and alternative prosecution and sentencing (A) In general
“diversion” applies in that section
The terms “diversion” and “alternative prosecution and sentencing” mean the appropriate use of effective mental health treatment alternatives to juvenile justice or criminal justice system institutional placements for preliminarily qualified offenders. (B) Appropriate use In this paragraph,
“eligible entity” applies in that section
the term “eligible entity” means a State, unit of local government, Indian tribe, or tribal organization. (2) Authorization The Attorney General may make grants under this subsection to an eligible entity for sequential intercept mapping and implementation in accordance with paragraph (3).
“eligible inmate” applies in that section
The term “eligible inmate” means an individual who— (i) is being held, detained, or incarcerated in a correctional facility; and (ii) manifests obvious signs of a mental illness or has been diagnosed by a qualified mental health professional as having a mental illness.
“graduated sanctions” applies in that section
the term “graduated sanctions” means an accountability-based graduated series of sanctions (including incentives, treatments, and services) applicable to mentally ill offenders within both the juvenile and adult justice system to hold individuals accountable for their actions and to protect communities by providing appropriate sanctions for inducing law-abiding behavior and preventing subsequent involvement in the criminal justice system. (5) Mental health agency
“mental health agency” applies in that section
The term “mental health agency” means an agency of a State or local government or its contracted agency that is responsible for mental health services or co-occurring mental health and substance abuse services. (6) Mental health court
“mental health court” applies in that section
The term “mental health court” means a judicial program that meets the requirements of subchapter XXI of this chapter. (7) Mental illness; mental health disorder
“mental health disorder” applies in that section
The terms “mental illness” and “mental health disorder” mean a diagnosable mental, behavioral, or emotional disorder— (A) of sufficient duration to meet diagnostic criteria within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and (B) (i) that, in the case of an adult, has resulted in functional impairment that substantially interferes with or limits 1 or more major life activities; or (ii) that, in the case of a juvenile, has resulted in functional impairment that substantially interferes with or limits the juvenile’s role or functioning in family, school, or community activities. (8) Nonviolent offense
“mental illness” applies in that section
The terms “mental illness” and “mental health disorder” mean a diagnosable mental, behavioral, or emotional disorder— (A) of sufficient duration to meet diagnostic criteria within the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders published by the American Psychiatric Association; and (B) (i) that, in the case of an adult, has resulted in functional impairment that substantially interferes with or limits 1 or more major life activities; or (ii) that, in the case of a juvenile, has resulted in functional impairment that substantially interferes with or limits the juvenile’s role or functioning in family, school, or community activities. (8) Nonviolent offense
“nonprofit organization” applies in that section
the term “nonprofit organization” means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title. (B) Prohibition The Attorney General may not award a grant under this subchapter to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of title 26 .
“nonviolent offense” applies in that section
The term “nonviolent offense” means an offense that does not have as an element the use, attempted use, or threatened use of physical force against the person or property of another or is not a felony that by its nature involves a substantial risk that physical force against the person or property of another may be used in the course of committing the offense. (9) Preliminarily qualified offender (A) In general
“peer-to-peer services or programs” applies in that section
The term “peer-to-peer services or programs” means services or programs that connect qualified veterans with other veterans for the purpose of providing support and mentorship to assist qualified veterans in obtaining treatment, recovery, stabilization, or rehabilitation. (B) Qualified veteran
“preliminarily qualified offender” applies in that section
The term “preliminarily qualified offender” means an adult or juvenile accused of an offense who— (i) (I) previously or currently has been diagnosed by a qualified mental health professional as having a mental illness or co-occurring mental illness and substance abuse disorders; (II) manifests obvious signs of mental illness or co-occurring mental illness and substance abuse disorders during arrest or confinement or before any court; or (III) in the case of a veterans treatment court provided under subsection (i), has been diagnosed with, or manifests obvious signs of, mental illness or a substance abuse disorder or co-occurring mental illness and substance abuse disorder; (ii) has been …
“qualified veteran” applies in that section
The term “qualified veteran” means a preliminarily qualified offender who— (i) served on active duty in any branch of the Armed Forces, including the National Guard or Reserves; and (ii) was discharged or released from such service under conditions other than dishonorable, unless the reason for the dishonorable discharge was attributable to a substance abuse disorder. (C) Veterans treatment court program
“Secretary” applies in that section
The term “Secretary” means the Secretary of Health and Human Services. (11) Unit of local government
“unit of local government” applies in that section
The term “unit of local government” means any city, county, township, town, borough, parish, village, or other general purpose political subdivision of a State, including a State court, local court, or a governmental agency located within a city, county, township, town, borough, parish, or village. (b) Planning and implementation grants (1) In general The Attorney General, in consultation with the Secretary, may award nonrenewable grants to eligible applicants to prepare a comprehensive plan for and implement an adult or juvenile collaboration program, which targets preliminarily qualified offenders in order to promote public safety and public health.
“unresolved audit finding” applies in that section
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 when the final audit report is issued. (B) Audits Beginning in the first fiscal year beginning after December 13, 2016 , 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.
“veterans treatment court program” applies in that section
The term “veterans treatment court program” means a court program involving collaboration among criminal justice, veterans, and mental health and substance abuse agencies that provides qualified veterans with— (i) intensive judicial supervision and case management, which may include random and frequent drug testing where appropriate; (ii) a full continuum of treatment services, including mental health services, substance abuse services, medical services, and services to address trauma; (iii) alternatives to incarceration; or (iv) other appropriate services, including housing, transportation, mentoring, employment, job training, education, or assistance in applying for and obtaining …
“eligible organization” applies in that section
the term “eligible organization” means a national nonprofit organization that provides technical assistance and training to, and has special expertise and broad, national-level experience in, mental health, crisis intervention, criminal justice systems, law enforcement, translating evidence into practice, training, and research, and education and support of people with mental illness and the families of such individuals.
“nonprofit agency” applies in that section
the term “nonprofit agency” means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of title 26 . (B) Prohibition The Attorney General may not award a grant under this section to a nonprofit agency that holds money in an offshore account for the purpose of avoiding paying the tax described in section 511(a) of title 26 .
“unresolved audit finding” applies in that section
the term “unresolved audit finding” means a finding in the final audit report of the Inspector General of the Department of Justice under subparagraph (C) that the audited grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within 1 year after the date on which the final audit report is issued. (B) Audits Beginning in the first fiscal year beginning after December 13, 2016 , and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of grantees under this section to prevent waste, fraud, and abuse of funds by grantees.
“child welfare agency” applies in that section
The term “child welfare agency” means the State, territorial, or Tribal agency responsible for child or family services and welfare. (2) Criminal justice agency
“criminal justice agency” applies in that section
The term “criminal justice agency” means an agency of the State, territory, Indian tribe, or local government or its contracted agency that is responsible for detection, arrest, enforcement, prosecution, defense, adjudication, incarceration, probation, or parole relating to the violation of the criminal laws of that State, territory, Indian tribe, or local government. (C) 2 Indian tribe
“Indian tribe” applies in that section
The term “Indian tribe” has the meaning given the term in section 10554 of this title . (c) Applications (1) In general No grant may be awarded under this section unless an application has been submitted to, and approved by, the Attorney General. (2) Application An application for a grant under this section shall be submitted in such form, and contain such information, as the Attorney General, 3 may prescribe by regulation or guidelines. (3) Eligible entities The Attorney General shall make grants to States, territories, and Indian tribes.
“prosecutor” applies in that section
The term “prosecutor” means a full-time employee of a State or unit of local government who— (A) is continually licensed to practice law; and (B) prosecutes criminal or juvenile delinquency cases at the State or unit of local government level (including supervision, education, or training of other persons prosecuting such cases). (2) Public defender
“public defender” applies in that section
The term “public defender” means an attorney who— (A) is continually licensed to practice law; and (B) is— (i) a full-time employee of a State or unit of local government who provides legal representation to indigent persons in criminal or juvenile delinquency cases (including supervision, education, or training of other persons providing such representation); (ii) a full-time employee of a nonprofit organization operating under a contract with a State or unit of local government, who devotes substantially all of the employee’s full-time employment to providing legal representation to indigent persons in criminal or juvenile delinquency cases (including supervision, education, or training …
“student loan” applies in that section
the term “student loan” means— (i) a loan made, insured, or guaranteed under part B of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1071 et seq.); (ii) a loan made under part D or E of title IV of the Higher Education Act of 1965 ( 20 U.S.C. 1087a et seq. and 1087aa et seq.); and (iii) a loan made under section 428C or 455(g) of the Higher Education Act of 1965 ( 20 U.S.C. 1078–3 and 1087e(g)). (B) Exclusion of parent PLUS loans The term “student loan” does not include any of the following loans: (i) A loan made to the parents of a dependent student under section 428B of the Higher Education Act of 1965 ( 20 U.S.C. 1078–2 ).
“criminal justice agency” applies throughout its subchapter
The term “criminal justice agency” means a State, local, or tribal— (A) court; (B) prison; (C) jail; (D) law enforcement agency; or (E) other agency that performs the administration of criminal justice, including prosecution, pretrial services, and community supervision.;
“device” applies throughout its subchapter
The terms “drug” and “device” have the meanings given those terms in section 321 of title 21 .;
“drug” applies throughout its subchapter
The terms “drug” and “device” have the meanings given those terms in section 321 of title 21 .;
“first responder” applies throughout its subchapter
The term “first responder” includes a firefighter, law enforcement officer, paramedic, emergency medical technician, or other individual (including an employee of a legally organized and recognized volunteer organization, whether compensated or not), who, in the course of his or her professional duties, responds to fire, medical, hazardous material, or other similar emergencies.;
“medication-assisted treatment” applies throughout its subchapter
The term “medication-assisted treatment” means the use of medications approved by the Food and Drug Administration for the treatment of opioid abuse.;
“opioid” applies throughout its subchapter
The term “opioid” means any drug, including heroin, having an addiction-forming or addiction-sustaining liability similar to morphine or being capable of conversion into a drug having such addiction-forming or addiction-sustaining liability.;
“schedule II, III, or IV controlled substance” applies throughout its subchapter
The term “schedule II, III, or IV controlled substance” means a controlled substance that is listed on schedule II, schedule III, or schedule IV of section 812(c) of title 21 .;
“State substance abuse agency” applies throughout its subchapter
The term “State substance abuse agency” has the meaning given that term in section 290bb–1(r)(6) 1 of title 42.
“tribal organization” applies throughout its subchapter
The term “tribal organization” has the meaning given that term in section 5304 of title 25 .;
“applicable committees” applies in that section
the term “applicable committees” means— (1) the Committee on the Judiciary of the Senate; and (2) the Committee on the Judiciary of the House of Representatives. (b) Accountability All grants awarded by the Attorney General under this subchapter shall be subject to the following accountability provisions: (1) Audit requirement (A) Definition In this paragraph,
“nonprofit organization” applies in that section
the term “nonprofit organization” means an organization that is described in section 501(c)(3) of title 26 and is exempt from taxation under section 501(a) of such title. (B) Prohibition A nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section 511(a) of title 26 may not— (i) be party to a contract entered into under section 10701(b) of this title ; or (ii) receive a subaward under section 10701(b) of this title .
“unresolved audit finding” applies in that section
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 after the date on which the final audit report is issued. (B) Audit Beginning in the first fiscal year beginning after July 22, 2016 , and in each fiscal year thereafter, the Inspector General of the Department of Justice shall conduct audits of recipients of grants awarded by the Attorney General under this subchapter to prevent waste, fraud, and abuse of funds by grantees.
“white collar crime” applies throughout its subchapter
the term “white collar crime” includes— (1) high-tech crime, including cyber and electronic crime and related threats; (2) economic crime, including financial fraud and mortgage fraud; and (3) Internet-based crime against children and child pornography.
“behavioral health provider” applies in that section
the term “behavioral health provider” means— (1) a community mental health center that meets the criteria under section 300x–2(c) of this title ; or (2) a certified community behavioral health clinic described in section 223(d) of the Protecting Access to Medicare Act of 2014 ( 42 U.S.C. 1396a note).
“community care provider program” applies in that section
the term “community care provider program” means a community mental health center or certified community behavioral health clinic that directly provides to an individual, or assists in connecting an individual to the provision of, appropriate community-based treatment, medication management, and other recovery supports, when the individual leaves a correctional facility at the end of a sentence or on parole.
“Administrator” applies throughout its chapter
the term “Administrator” means the agency head designated by section 11111(b) of this title ;
“adult inmate” applies throughout its chapter
the term “adult inmate”— (A) means an individual who— (i) has reached the age of full criminal responsibility under applicable State law; and (ii) has been arrested and is in custody for or awaiting trial on a criminal charge, or is convicted of a criminal offense; and (B) does not include an individual who— (i) at the time of the offense, was younger than the maximum age at which a youth can be held in a juvenile facility under applicable State law; and (ii) was committed to the care and custody or supervision, including post-placement or parole supervision, of a juvenile correctional agency by a court of competent jurisdiction or by operation of applicable State law;
“assessment” applies throughout its chapter
the term “assessment” includes, at a minimum, an interview and review of available records and other pertinent information— (A) by an appropriately trained professional who is licensed or certified by the applicable State in the mental health, behavioral health, or substance abuse fields; and (B) which is designed to identify significant mental health, behavioral health, or substance abuse treatment needs to be addressed during a youth’s confinement; (39) for purposes of section 11133(a)(15) of this title ,
“Bureau of Justice Assistance” applies throughout its chapter
the term “Bureau of Justice Assistance” means the bureau established by section 10141 of this title ;
“Bureau of Justice Statistics” applies throughout its chapter
the term “Bureau of Justice Statistics” means the bureau established by section 10132(a) of this title ;
“chemical agent” applies throughout its chapter
the term “chemical agent” means a spray or injection used to temporarily incapacitate a person, including oleoresin capsicum spray, tear gas, and 2-chlorobenzalmalononitrile gas;
“collocated facilities” applies throughout its chapter
the term “collocated facilities” means facilities that are located in the same building, or are part of a related complex of buildings located on the same grounds;
“comprehensive and coordinated system of services” applies throughout its chapter
the term “comprehensive and coordinated system of services” means a system that— (A) ensures that services and funding for the prevention and treatment of juvenile delinquency are consistent with policy goals of preserving families and providing appropriate services in the least restrictive environment so as to simultaneously protect juveniles and maintain public safety; (B) identifies, and intervenes early for the benefit of, young children who are at risk of developing emotional or behavioral problems because of physical or mental stress or abuse, and for the benefit of their families; (C) increases interagency collaboration and family involvement in the prevention and treatment of …
“construction” applies throughout its chapter
the term “construction” means acquisition, expansion, remodeling, and alteration of existing buildings, and initial equipment of any such buildings, or any combination of such activities (including architects’ fees but not the cost of acquisition of land for buildings);
“contact” applies throughout its chapter
the term “contact” means the points at which a youth and the juvenile justice system or criminal justice system officially intersect, including interactions with a juvenile justice, juvenile court, or law enforcement official;
“core requirements” applies throughout its chapter
the term “core requirements”— (A) means the requirements described in paragraphs (11), (12), (13), and (15) of section 11133(a) of this title ; and (B) does not include the data collection requirements described in subparagraphs (A) through (K) of section 11117(1) of this title ;
“Council” applies throughout its chapter
the term “Council” means the Coordinating Council on Juvenile Justice and Delinquency Prevention established in section 11116(a)(1) of this title ; (18) for purposes of subchapter II,
“dangerous practice” applies throughout its chapter
the term “dangerous practice” means an act, procedure, or program that creates an unreasonable risk of physical injury, pain, or psychological harm to a juvenile subjected to the act, procedure, or program;