### Question
How does MENTAL HEALTH COURTS define preliminarily qualified offender with mental illness, mental retardation, or co-occurring mental and substance abuse disorders?


### Answer
Under *34 U.S.C. § 10472*, **preliminarily qualified offender with mental illness, mental retardation, or co-occurring mental and substance abuse disorders** is defined as:

> a person who—


(A)(i) previously or currently has been diagnosed by a qualified mental health professional as having a mental illness, mental retardation, or co-occurring mental illness and substance abuse disorders

#### Citation:
  - *34 U.S.C. § 10472*
  - Heading: **Subtitle I-Comprehensive Acts > CHAPTER 101-JUSTICE SYSTEM IMPROVEMENT > SUBCHAPTER XXI-MENTAL HEALTH COURTS**

