Fed Funds for "Red Flag" & Other St. Crisis Intervention Programs
For your reading enjoyment, the fed law which amends the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152):
_______________________________________________
"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;
[[Page 136 STAT. 1326]]
``(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.''.
_______________________________________________
End Of that section. Then requires US Atty Gen to publish annual report on grants awarded for crisis intervention programs, which include Red Flag AND other programs,
_______________________________________________
" (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 <<NOTE: Publication.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Coordination.>> 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.''.
__________________________
Sorry for any glitches in the cut & paste of statute from the congress.gov website. Some ¶'s, breaks, tabs don't look right.
snipped for focus @Betty P
For your reading enjoyment, the fed law which amends the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10152):
_______________________________________________
"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;
[[Page 136 STAT. 1326]]
``(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.''.
_______________________________________________
End Of that section. Then requires US Atty Gen to publish annual report on grants awarded for crisis intervention programs, which include Red Flag AND other programs,
_______________________________________________
" (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 <<NOTE: Publication.>> 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) <<NOTE: Evaluation.>> 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) <<NOTE: Coordination.>> 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.''.
__________________________
Sorry for any glitches in the cut & paste of statute from the congress.gov website. Some ¶'s, breaks, tabs don't look right.
