Federal · Title 34 — Crime Control and Law Enforcement

34 U.S.C. § 10152: Description

Civil

What this law says, in plain English

This statute establishes requirements for various criminal justice and public safety programs, including law enforcement, courts, corrections, drug treatment, and mental health services, with mandated constitutional protections and due process safeguards.

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Law enforcement programs. Prosecution and court programs. Prevention and education programs. Corrections and community corrections programs. Drug treatment and enforcement programs. Planning, evaluation, and technology improvement programs. Crime victim and witness programs (other than compensation). Mental health programs and related law enforcement and corrections programs, including behavioral programs and crisis intervention teams. mental health courts; drug courts; veterans courts; and 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; the right to be represented by counsel at no expense to the government; 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 penalties for abuse of the program. Programs to purchase and operate unmanned aircraft systems (as defined in section 44801 of title 49 ) to benefit public safety. Programs to purchase and operate counter-UAS systems (as defined in section 44801 of title 49 ) included on the list of technologies established by subsection (d)(2)(A)(iii) section 124n(d)(2)(A)(iii) of title 6 to exercise the authority granted under subsection (a)(2) of such section. Paragraph (1) shall be construed to ensure that a grant under that paragraph may be used for any purpose for which a grant was authorized to be used under either or both of the programs specified in section 10151(b) of this title , as those programs were in effect immediately before January 5, 2006 . neighborhood or community-based organizations that are private and nonprofit; or units of local government. Each program funded under this part shall contain a program assessment component, developed pursuant to guidelines established by the Attorney General, in coordination with the National Institute of Justice. The Attorney General may waive the requirement of paragraph (1) with respect to a program if, in the opinion of the Attorney General, the program is not of sufficient size to justify a full program assessment. Any security enhancements or any equipment to any nongovernmental entity that is not engaged in criminal justice or public safety. vehicles (excluding police cruisers), vessels (excluding police boats), or aircraft (excluding police helicopters); luxury items; real estate; construction projects (other than penal or correctional institutions); or any similar matters. Not more than 10 percent of a grant made under this part may be used for costs incurred to administer such grant. The period of a grant made under this part shall be four years, except that renewals and extensions beyond that period may be granted at the discretion of the Attorney General. Subparagraph (d)(1) shall not be construed to prohibit the use, directly or indirectly, of funds provided under this part to provide security at a public event, such as a political convention or major sports event, so long as such security is provided under applicable laws and procedures. a description of the grants awarded and the crisis intervention programs or initiatives funded by the grants, broken down by grant recipient; an evaluation of the effectiveness of the crisis intervention programs or initiatives in preventing violence and suicide; 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 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.

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