---
kind: "section"
citation: "42 U.S.C. § 290bb–38"
title: "42"
title_heading: "The Public Health and Welfare"
number: "290bb–38"
heading: "Grants for jail diversion programs"
release: "119-102"
date: "2026-07-12"
url: "https://uscodex.org/usc/42/290bb-38"
units:
  - "Chapter 6A — Public Health Service"
  - "Subchapter III–A — Substance Abuse and Mental Health Services Administration"
  - "Part B — Centers and Programs"
  - "Subpart 3 — center for mental health services"
---

# §290bb–38. Grants for jail diversion programs

- (a) **Program authorized—** The [Secretary](/usc/42/201.md?p=c) shall make grants to [States](/usc/42/201.md?p=f), political subdivisions of [States](/usc/42/201.md?p=f), and Indian Tribes and Tribal organizations (as the terms “Indian tribes” and “tribal organizations” are defined in [section 4](/usc/42/4.md) of the Indian Self-Determination and Education Assistance Act [[25 U.S.C. 5304](/usc/25/5304.md)]), acting directly or through agreements with other public or [nonprofit](/usc/42/300s–3.md?p=3) entities, or a health facility or [program](/usc/42/274l–1.md?p=4) operated by or in accordance with a contract or grant with the Indian Health [Service](/usc/42/201.md?p=a), to develop and implement [programs](/usc/42/274l–1.md?p=4) to divert individuals with a mental illness from the criminal justice system to community-based [services](/usc/42/201.md?p=a).
- (b) **Administration—**
  - (1) **Consultation—** The [Secretary](/usc/42/201.md?p=c) shall consult with the Attorney General and any other appropriate officials in carrying out this section.
  - (2) **Regulatory authority—** The [Secretary](/usc/42/201.md?p=c) shall issue [regulations](/usc/42/201.md?p=d) and guidelines necessary to carry out this section, including methodologies and outcome measures for evaluating [programs](/usc/42/274l–1.md?p=4) carried out by [States](/usc/42/201.md?p=f), political subdivisions of [States](/usc/42/201.md?p=f), Indian Tribes, and Tribal organizations receiving grants under [subsection (a)](#a).
- (c) **Applications—**
  - (1) **In general—** To receive a grant under [subsection (a)](#a), the chief executive of a [State](/usc/42/201.md?p=f), chief executive of a subdivision of a [State](/usc/42/201.md?p=f), an Indian Tribe or Tribal organization, a health facility or [program](/usc/42/274l–1.md?p=4) described in [subsection (a)](#a), or a public or [nonprofit](/usc/42/300s–3.md?p=3) entity referred to in [subsection (a)](#a) shall prepare and submit an application to the [Secretary](/usc/42/201.md?p=c) at such time, in such manner, and containing such information as the [Secretary](/usc/42/201.md?p=c) shall reasonably require.
  - (2) **Content—** Such application shall—
    - (A) contain an assurance that—
      - (i) community-based mental health [services](/usc/42/201.md?p=a) will be available for the individuals who are diverted from the criminal justice system, and that such [services](/usc/42/201.md?p=a) are based on evidence-based [practices](/usc/42/17061.md?p=19), reflect current research findings, include case management, assertive community [treatment](/usc/42/11851.md?p=11), medication management and access, integrated mental health and co-occurring substance use disorder [treatment](/usc/42/11851.md?p=11), peer recovery support [services](/usc/42/201.md?p=a), and psychiatric rehabilitation, and will be coordinated with social [services](/usc/42/201.md?p=a), including life skills training, housing [placement](/usc/42/300gg–91.md?p=d-12), vocational training, education job [placement](/usc/42/300gg–91.md?p=d-12), and health care;
      - (ii) there has been relevant interagency collaboration between the appropriate criminal justice, mental health, and substance use disorder systems; and
      - (iii) the Federal support provided will be used to supplement, and not supplant, [State](/usc/42/201.md?p=f), local, Indian Tribe, or Tribal organization sources of funding that would otherwise be available;
    - (B) demonstrate that the diversion [program](/usc/42/274l–1.md?p=4) will be integrated with an existing system of care for those with mental illness;
    - (C) explain the applicant’s inability to fund the [program](/usc/42/274l–1.md?p=4) adequately without Federal assistance;
    - (D) specify plans for obtaining necessary support and continuing the proposed [program](/usc/42/274l–1.md?p=4) following the conclusion of Federal support; and
    - (E) describe methodology and outcome measures that will be used in evaluating the [program](/usc/42/274l–1.md?p=4).
- (d) **Special consideration regarding veterans—** In awarding grants under [subsection (a)](#a), the [Secretary](/usc/42/201.md?p=c) shall, as appropriate, give special consideration to entities proposing to use grant funding to support jail diversion [services](/usc/42/201.md?p=a) for veterans.
- (e) **Use of funds—** A [State](/usc/42/201.md?p=f), political subdivision of a [State](/usc/42/201.md?p=f), Indian Tribe, or Tribal organization that receives a grant under [subsection (a)](#a) may use funds received under such grant to—
  - (1) integrate the diversion [program](/usc/42/274l–1.md?p=4) into the existing system of care;
  - (2) create or expand community-based mental health and co-occurring mental illness and [substance use disorder services](/usc/42/290cc–34.md?p=4) to accommodate the diversion [program](/usc/42/274l–1.md?p=4);
  - (3) train professionals and paraprofessionals involved in the system of care, and law enforcement officers, attorneys, and judges;
  - (4) provide community outreach and crisis intervention; and
  - (5) develop [programs](/usc/42/274l–1.md?p=4) to divert individuals prior to booking, arrest, or release.
- (f) **Federal share—**
  - (1) **In general—** The [Secretary](/usc/42/201.md?p=c) shall pay to a [State](/usc/42/201.md?p=f), political subdivision of a [State](/usc/42/201.md?p=f), Indian Tribe, or Tribal organization receiving a grant under [subsection (a)](#a) the Federal share of the cost of activities described in the application.
  - (2) **Federal share—** The Federal share of a grant made under this section shall not exceed 75 percent of the total cost of the [program](/usc/42/274l–1.md?p=4) carried out by the [State](/usc/42/201.md?p=f), political subdivision of a [State](/usc/42/201.md?p=f), Indian Tribe, or Tribal organization. Such share shall be used for new expenses of the [program](/usc/42/274l–1.md?p=4) carried out by such [State](/usc/42/201.md?p=f), political subdivision of a [State](/usc/42/201.md?p=f), Indian Tribe, or Tribal organization.
  - (3) **Non-Federal share—** The non-Federal share of payments made under this section may be made in cash or in kind fairly evaluated, including planned equipment or [services](/usc/42/201.md?p=a). The [Secretary](/usc/42/201.md?p=c) may waive the requirement of matching contributions.
- (g) **Geographic distribution—** The [Secretary](/usc/42/201.md?p=c) shall ensure that such grants awarded under [subsection (a)](#a) are equitably distributed among the geographical regions of the United States and between urban and rural populations.
- (h) **Training and technical assistance—** Training and technical assistance may be provided by the [Secretary](/usc/42/201.md?p=c) to assist a [State](/usc/42/201.md?p=f), political subdivision of a [State](/usc/42/201.md?p=f), Indian Tribe, or Tribal organization receiving a grant under [subsection (a)](#a) in establishing and operating a diversion [program](/usc/42/274l–1.md?p=4).
- (i) **Evaluations—** The [programs](/usc/42/274l–1.md?p=4) described in [subsection (a)](#a) shall be evaluated not less than one time in every 12-month period using the methodology and outcome measures identified in the grant application.
- (j) **Authorization of appropriations—** There are authorized to be appropriated to carry out this section $14,000,000 for each of fiscal years 2023 through 2027.

## Source credit

(July 1, 1944, ch. 373, title V, § 520G, as added Pub. L. 106–310, div. B, title XXXII, § 3210, Oct. 17, 2000, 114 Stat. 1201; amended Pub. L. 114–255, div. B, title IX, § 9002, Dec. 13, 2016, 130 Stat. 1234; Pub. L. 117–328, div. FF, title I, § 1216, Dec. 29, 2022, 136 Stat. 5669.)

## Notes

### Editorial Notes

### Amendments

2022—Subsec. (a). Pub. L. 117–328, § 1216(1), struck out “up to 125” before “grants” and substituted “Tribes and Tribal organizations” for “tribes and tribal organizations”.

Subsec. (b)(2). Pub. L. 117–328, § 1216(2), substituted “Tribes, and Tribal organizations” for “tribes, and tribal organizations”.

Subsec. (c)(1). Pub. L. 117–328, § 1216(3)(A), substituted “an Indian Tribe or Tribal organization, a health facility or program described in subsection (a), or a public or nonprofit entity referred to in subsection (a)” for “Indian tribe or tribal organization”.

Subsec. (c)(2)(A)(i). Pub. L. 117–328, § 1216(3)(B)(i), inserted “peer recovery support services,” after “disorder treatment,”.

Subsec. (c)(2)(A)(iii). Pub. L. 117–328, § 1216(3)(B)(ii), substituted “Tribe, or Tribal organization” for “tribe, or tribal organization”.

Subsec. (e). Pub. L. 117–328, § 1216(4)(A), substituted “Tribe, or Tribal organization” for “tribe, or tribal organization” in introductory provisions.

Subsec. (e)(3). Pub. L. 117–328, § 1216(4)(B), inserted “and paraprofessionals” after “professionals”.

Subsec. (e)(5). Pub. L. 117–328, § 1216(4)(C), substituted “, arrest, or release” for “or arrest”.

Subsec. (f). Pub. L. 117–328, § 1216(5), substituted “Tribe, or Tribal organization” for “tribe, or tribal organization” wherever appearing.

Subsec. (h). Pub. L. 117–328, § 1216(6), substituted “Tribe, or Tribal organization” for “tribe, or tribal organization”.

Subsec. (j). Pub. L. 117–328, § 1216(7), substituted “$14,000,000 for each of fiscal years 2023 through 2027” for “$4,269,000 for each of fiscal years 2018 through 2022”.

2016—Subsec. (a). Pub. L. 114–255, § 9002(2), substituted “and Indian tribes and tribal organizations (as the terms ‘Indian tribes’ and ‘tribal organizations’ are defined in section 4 of the Indian Self-Determination and Education Assistance Act)” for “Indian tribes, and tribal organizations” and inserted “or a health facility or program operated by or in accordance with a contract or grant with the Indian Health Service,” after “entities,”.

Subsec. (c)(2)(A)(i). Pub. L. 114–255, § 9002(1), (3), substituted “evidence-based” for “the best known” and “substance use disorder” for “substance abuse”.

Subsec. (c)(2)(A)(ii). Pub. L. 114–255, § 9002(1), substituted “substance use disorder” for “substance abuse”.

Subsec. (d). Pub. L. 114–255, § 9002(5), added subsec. (d). Former subsec. (d) redesignated (e).

Subsec. (e). Pub. L. 114–255, § 9002(4), redesignated subsec. (d) as (e). Former subsec. (e) redesignated (f).

Subsec. (e)(2). Pub. L. 114–255, § 9002(1), substituted “substance use disorder” for “substance abuse”.

Subsec. (e)(5). Pub. L. 114–255, § 9002(6), added par. (5).

Subsecs. (f) to (i). Pub. L. 114–255, § 9002(4), redesignated subsecs. (e) to (h) as (f) to (i), respectively. Former subsec. (i) redesignated (j).

Subsec. (j). Pub. L. 114–255, § 9002(4), (7), redesignated subsec. (i) as (j) and substituted “$4,269,000 for each of fiscal years 2018 through 2022” for “$10,000,000 for fiscal year 2001, and such sums as may be necessary for fiscal years 2002 through 2003”.