Page:United States Statutes at Large Volume 118.djvu/2359

 118 STAT. 2329 PUBLIC LAW 108–414—OCT. 30, 2004 ‘‘(3) CRIMINAL OR JUVENILE JUSTICE AGENCY.—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 SEN TENCING.— ‘‘(A) IN GENERAL.—The terms ‘diversion’ and ‘alter native 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, the term ‘appropriate use’ includes the discretion of the judge or supervising authority, the leveraging of graduated sanc tions to encourage compliance with treatment, and law enforcement diversion, including crisis intervention teams. ‘‘(C) GRADUATED SANCTIONS.—In this paragraph, the term ‘graduated sanctions’ means an accountability based graduated series of sanctions (including incentives, treat ments, 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.—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.—The term ‘mental health court’ means a judicial program that meets the requirements of part V of this title. ‘‘(7) MENTAL ILLNESS.—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 Statis tical Manual of Mental Disorders published by the Amer ican 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.—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.

�