42 U.S.C. § 290bb–38 — Grants for jail diversion programs

(a) Program authorized The Secretary must give grants to states, their political subdivisions, and Indian Tribes and Tribal organizations — acting directly or through agreements with other public or nonprofit entities, or a health facility or program run by or under contract or grant with the Indian Health Service — to develop and run programs that divert individuals with a mental illness from the criminal justice system into community-based services. (b) Administration (1) The Secretary must consult the Attorney General and other appropriate officials in carrying out this section. (2) The Secretary must issue the regulations and guidelines needed to run this section, including methods and outcome measures for evaluating funded programs. (c) Applications (1) To get a grant, the chief executive of a state or subdivision, an Indian Tribe or Tribal organization, a health facility or program described in subsection (a), or a public or nonprofit entity must submit an application as the Secretary reasonably requires. (2) The application must: (A) include assurances that (i) evidence-based community-based mental health services — including case management, assertive community treatment, medication management and access, integrated mental health and co-occurring substance use disorder treatment, peer recovery support, and psychiatric rehabilitation, coordinated with social services like life skills training, housing, vocational training, education, job placement, and health care — will be available to diverted individuals; (ii) the relevant criminal justice, mental health, and substance use disorder systems have worked together; and (iii) federal support will supplement, not replace, existing state, local, Tribal, or Tribal organization funding; (B) show the diversion program will be integrated with an existing system of care for people with mental illness; (C) explain why the applicant can't adequately fund the program without federal help; (D) lay out plans for keeping the program funded and running after federal support ends; and (E) describe the methods and outcome measures used to evaluate the program. (d) Special consideration regarding veterans In awarding grants, the Secretary must, as appropriate, give special consideration to applicants proposing to use funds for jail diversion services for veterans. (e) Use of funds A grant recipient may use the funds to: (1) integrate the diversion program into the existing system of care; (2) create or expand community-based mental health and co-occurring mental illness/substance use disorder services to support the diversion program; (3) train professionals, paraprofessionals, law enforcement officers, attorneys, and judges involved in the system of care; (4) provide community outreach and crisis intervention; and (5) develop programs to divert individuals before booking, arrest, or release. (f) Federal share (1) The Secretary must pay a grant recipient the federal share of the activities described in its application. (2) That federal share can't exceed 75 percent of the program's total cost, and must go toward new program expenses. (3) The non-federal share may be cash or fairly valued in-kind contributions, including equipment or services, and the Secretary may waive the matching requirement. (g) Geographic distribution The Secretary must make sure grants are equitably distributed across U.S. geographic regions and between urban and rural populations. (h) Training and technical assistance The Secretary may give grant recipients training and technical assistance to help them set up and run their diversion programs. (i) Evaluations Funded programs must be evaluated at least once every 12 months, using the methods and outcome measures identified in the grant application. (j) Authorization of appropriations $14,000,000 per year is authorized for fiscal years 2023 through 2027.