118 STAT. 2330 PUBLIC LAW 108–414—OCT. 30, 2004 ‘‘(9) PRELIMINARILY QUALIFIED OFFENDER.—The term ‘preliminarily qualified offender’ means an adult or juvenile accused of a nonviolent offense who— ‘‘(A)(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; or ‘‘(ii) manifests obvious signs of mental illness or co occurring mental illness and substance abuse disorders during arrest or confinement or before any court; and ‘‘(B) has faced, is facing, or could face criminal charges for a misdemeanor or nonviolent offense and is deemed eligible by a diversion process, designated pretrial screening process, or by a magistrate or judge, on the ground that the commission of the offense is the product of the person’s mental illness. ‘‘(10) SECRETARY.—The term ‘Secretary’ means the Sec retary of Health and Human Services. ‘‘(11) UNIT OF LOCAL GOVERNMENT.—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 govern mental 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. ‘‘(2) PURPOSES.—Grants awarded under this section shall be used to create or expand— ‘‘(A) mental health courts or other court based pro grams for preliminarily qualified offenders; ‘‘(B) programs that offer specialized training to the officers and employees of a criminal or juvenile justice agency and mental health personnel serving those with co occurring mental illness and substance abuse problems in procedures for identifying the symptoms of preliminarily qualified offenders in order to respond appropriately to individuals with such illnesses; ‘‘(C) programs that support cooperative efforts by criminal and juvenile justice agencies and mental health agencies to promote public safety by offering mental health treatment services and, where appropriate, substance abuse treatment services for— ‘‘(i) preliminarily qualified offenders with mental illness or co occurring mental illness and substance abuse disorders; or ‘‘(ii) adult offenders with mental illness during periods of incarceration, while under the supervision of a criminal justice agency, or following release from correctional facilities; and ‘‘(D) programs that support intergovernmental coopera tion between State and local governments with respect to the mentally ill offender.
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