### Question
How is the term preliminarily qualified offender with mental illness, mental retardation, or co-occurring mental and substance abuse disorders defined?


### Answer
The term **preliminarily qualified offender with mental illness, mental retardation, or co-occurring mental and substance abuse disorders** is defined in *42 U.S.C. § 3796ii* as the following:

> 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:
  - *42 U.S.C. § 3796ii*
  - Heading: **CHAPTER 46-JUSTICE SYSTEM IMPROVEMENT > SUBCHAPTER XII&ndash;J-MENTAL HEALTH COURTS**

