[Congressional Bills 106th Congress]
[From the U.S. Government Publishing Office]
[S. 1865 Reported in Senate (RS)]






                                                       Calendar No. 734
106th CONGRESS
  2d Session
                                S. 1865

   To provide grants to establish demonstration mental health courts.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 4, 1999

  Mr. DeWine (for himself and Mr. Domenici) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

                             July 27, 2000

                Reported by Mr. Hatch, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
   To provide grants to establish demonstration mental health courts.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

<DELETED>SECTION 1. SHORT TITLE.</DELETED>

<DELETED>    This Act may be cited as the ``America's Law Enforcement 
and Mental Health Project''.</DELETED>

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds that--</DELETED>
        <DELETED>    (1) fully 16 percent of all inmates in State 
        prisons and local jails suffer from mental illness, according 
        to a July, 1999 report, conducted by the Bureau of Justice 
        Statistics;</DELETED>
        <DELETED>    (2) between 600,000 and 700,000 mentally ill 
        persons are annually booked in jail alone, according to the 
        American Jail Association;</DELETED>
        <DELETED>    (3) estimates say 25 to 40 percent of America's 
        mentally ill will come into contact with the criminal justice 
        system, according to National Alliance for the Mentally 
        Ill;</DELETED>
        <DELETED>    (4) 75 percent of mentally ill inmates have been 
        sentenced to time in prison or jail or probation at least once 
        prior to their current sentence, according to the Bureau of 
        Justice Statistics in July, 1999; and</DELETED>
        <DELETED>    (5) Broward County, Florida and King County, 
        Washington, have created separate Mental Health Courts to place 
        nonviolent mentally ill offenders into judicially monitored in-
        patient and out-patient mental health treatment programs, where 
        appropriate, with positive results.</DELETED>

<DELETED>SEC. 3. MENTAL HEALTH COURTS.</DELETED>

<DELETED>    (a) Amendment.--Part V of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 is amended to read as 
follows:</DELETED>

           <DELETED>``PART V--MENTAL HEALTH COURTS</DELETED>

<DELETED>``SEC. 2201. GRANT AUTHORITY.</DELETED>

<DELETED>    ``The Attorney General shall make grants to States, State 
courts, local courts, units of local government, and Indian tribal 
governments, acting directly or through agreements with other public or 
nonprofit entities, for up to 125 programs that involve--</DELETED>
        <DELETED>    ``(1) continuing judicial supervision, including 
        periodic review, over preliminarily qualified offenders with 
        mental illness, mental retardation, or co-occurring mental 
        illness and substance abuse disorders, who are charged with 
        nonviolent offenses; and</DELETED>
        <DELETED>    ``(2) the coordinated delivery of services, which 
        includes--</DELETED>
                <DELETED>    ``(A) specialized training of law 
                enforcement and judicial personnel to identify and 
                address the unique needs of a mentally ill or mentally 
                retarded offender;</DELETED>
                <DELETED>    ``(B) voluntary outpatient or inpatient 
                mental health treatment that carries with it the 
                possibility of dismissal of charges or reduced 
                sentencing upon successful completion of treatment; 
                and</DELETED>
                <DELETED>    ``(C) centralized case management 
                involving the consolidation of all of a mentally ill or 
                mentally retarded defendant's cases, including 
                violations of probation, and the coordination of all 
                mental health treatment plans and social services, 
                including life skills training, such as housing 
                placement, vocational training, education, job 
                placement, health care, and relapse prevention for each 
                participant who requires such services.</DELETED>

<DELETED>``SEC. 2202. DEFINITION.</DELETED>

<DELETED>    ``In this part the term `preliminarily qualified offender 
with mental illness, mental retardation, or co-occurring mental and 
substance abuse disorders' means a person who--</DELETED>
        <DELETED>    ``(1)(A) 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; or</DELETED>
        <DELETED>    ``(B) manifests obvious signs of mental illness, 
        mental retardation, or co-occurring mental illness and 
        substance abuse disorders during arrest or confinement or 
        before any court; and</DELETED>
        <DELETED>    ``(2) is deemed eligible by designated 
        judges.</DELETED>

<DELETED>``SEC. 2203. ADMINISTRATION.</DELETED>

<DELETED>    ``(a) Consultation.--The Attorney General shall consult 
with the Secretary of Health and Human Services and any other 
appropriate officials in carrying out this part.</DELETED>
<DELETED>    ``(b) Use of Components.--The Attorney General may utilize 
any component or components of the Department of Justice in carrying 
out this part.</DELETED>
<DELETED>    ``(c) Regulatory Authority.--The Attorney General shall 
issue regulations and guidelines necessary to carry out this part which 
include, but are not limited to, the methodologies and outcome measures 
proposed for evaluating each applicant program.</DELETED>
<DELETED>    ``(d) Applications.--In addition to any other requirements 
that may be specified by the Attorney General, an application for a 
grant under this part shall--</DELETED>
        <DELETED>    ``(1) include a long-term strategy and detailed 
        implementation plan;</DELETED>
        <DELETED>    ``(2) explain the applicant's inability to fund 
        the program adequately without Federal assistance;</DELETED>
        <DELETED>    ``(3) certify that the Federal support provided 
        will be used to supplement, and not supplant, State, Indian 
        tribal, and local sources of funding that would otherwise be 
        available;</DELETED>
        <DELETED>    ``(4) identify related governmental or community 
        initiatives which complement or will be coordinated with the 
        proposal;</DELETED>
        <DELETED>    ``(5) certify that there has been appropriate 
        consultation with all affected agencies and that there will be 
        appropriate coordination with all affected agencies in the 
        implementation of the program;</DELETED>
        <DELETED>    ``(6) certify that participating offenders will be 
        supervised by one or more designated judges with responsibility 
        for the mental health court program;</DELETED>
        <DELETED>    ``(7) specify plans for obtaining necessary 
        support and continuing the proposed program following the 
        conclusion of Federal support;</DELETED>
        <DELETED>    ``(8) describe the methodology and outcome 
        measures that will be used in evaluating the program; 
        and</DELETED>
        <DELETED>    ``(9) certify that participating first time 
        offenders without a history of a mental illness will receive a 
        mental health evaluation.</DELETED>

<DELETED>``SEC. 2204. APPLICATIONS.</DELETED>

<DELETED>    ``To request funds under this part, the chief executive or 
the chief justice of a State or the chief executive or chief judge of a 
unit of local government or Indian tribal government shall submit an 
application to the Attorney General in such form and containing such 
information as the Attorney General may reasonably require.</DELETED>

<DELETED>``SEC. 2205. FEDERAL SHARE.</DELETED>

<DELETED>    ``The Federal share of a grant made under this part may 
not exceed 75 percent of the total costs of the program described in 
the application submitted under section 2205 for the fiscal year for 
which the program receives assistance under this part, unless the 
Attorney General waives, wholly or in part, the requirement of a 
matching contribution under this section. The use of the Federal share 
of a grant made under this part shall be limited to new expenses 
necessitated by the proposed program, including the development of 
treatment services and the hiring and training of personnel. In-kind 
contributions may constitute a portion of the non-Federal share of a 
grant.</DELETED>

<DELETED>``SEC. 2206. GEOGRAPHIC DISTRIBUTION.</DELETED>

<DELETED>    ``The Attorney General shall ensure that, to the extent 
practicable, an equitable geographic distribution of grant awards is 
made that considers the special needs of rural communities, Indian 
tribes, and Alaska Natives.</DELETED>

<DELETED>``SEC. 2207. REPORT.</DELETED>

<DELETED>    ``A State, Indian tribal government, or unit of local 
government that receives funds under this part during a fiscal year 
shall submit to the Attorney General a report in March of the following 
year regarding the effectiveness of this part.</DELETED>

<DELETED>``SEC. 2208. TECHNICAL ASSISTANCE, TRAINING, AND 
              EVALUATION.</DELETED>

<DELETED>    ``(a) Technical Assistance and Training.--The Attorney 
General may provide technical assistance and training in furtherance of 
the purposes of this part.</DELETED>
<DELETED>    ``(b) Evaluations.--In addition to any evaluation 
requirements that may be prescribed for grantees, the Attorney General 
may carry out or make arrangements for evaluations of programs that 
receive support under this part.</DELETED>
<DELETED>    ``(c) Administration.--The technical assistance, training, 
and evaluations authorized by this section may be carried out directly 
by the Attorney General, in collaboration with the Secretary of Health 
and Human Services, or through grants, contracts, or other cooperative 
arrangements with other entities.''.</DELETED>
<DELETED>    (b) Technical Amendment.--The table of contents of title I 
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3711 et seq.), is amended by inserting after part U the 
following:</DELETED>

                <DELETED>``Part V--Mental Health Courts

<DELETED>``Sec. 2201. Grant authority.
<DELETED>``Sec. 2202. Definition.
<DELETED>``Sec. 2203. Administration.
<DELETED>``Sec. 2204. Applications.
<DELETED>``Sec. 2205. Federal share.
<DELETED>``Sec. 2206. Geographic distribution.
<DELETED>``Sec. 2207. Report.
<DELETED>``Sec. 2208. Technical assistance, training, and 
                            evaluation.''.
<DELETED>    (c) Authorization of Appropriations.--Section 1001(a) of 
title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3793(a)), is amended by inserting after paragraph (19) the 
following:</DELETED>
<DELETED>    ``(20) There are authorized to be appropriated to carry 
out part V, $10,000,000 for each of fiscal years 2000 through 
2004.''.</DELETED>

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``America's Law Enforcement and Mental 
Health Project''.

SEC. 2. FINDINGS.

    Congress finds that--
            (1) fully 16 percent of all inmates in State prisons and 
        local jails suffer from mental illness, according to a July, 
        1999 report, conducted by the Bureau of Justice Statistics;
            (2) between 600,000 and 700,000 mentally ill persons are 
        annually booked in jail alone, according to the American Jail 
        Association;
            (3) estimates say 25 to 40 percent of America's mentally 
        ill will come into contact with the criminal justice system, 
        according to National Alliance for the Mentally Ill;
            (4) 75 percent of mentally ill inmates have been sentenced 
        to time in prison or jail or probation at least once prior to 
        their current sentence, according to the Bureau of Justice 
        Statistics in July, 1999; and
            (5) Broward County, Florida and King County, Washington, 
        have created separate Mental Health Courts to place nonviolent 
        mentally ill offenders into judicially monitored in-patient and 
        out-patient mental health treatment programs, where 
        appropriate, with positive results.

SEC. 3. MENTAL HEALTH COURTS.

    (a) Amendment.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 is amended by inserting after part U (42 U.S.C. 
3796hh et seq.) the following:

                     ``PART V--MENTAL HEALTH COURTS

``SEC. 2201. GRANT AUTHORITY.

    ``The Attorney General shall make grants to States, State courts, 
local courts, units of local government, and Indian tribal governments, 
acting directly or through agreements with other public or nonprofit 
entities, for not more than 100 programs that involve--
            ``(1) continuing judicial supervision, including periodic 
        review, over preliminarily qualified offenders with mental 
        illness, mental retardation, or co-occurring mental illness and 
        substance abuse disorders, who are charged with misdemeanors or 
        nonviolent offenses; and
            ``(2) the coordinated delivery of services, which 
        includes--
                    ``(A) specialized training of law enforcement and 
                judicial personnel to identify and address the unique 
                needs of a mentally ill or mentally retarded offender;
                    ``(B) voluntary outpatient or inpatient mental 
                health treatment, in the least restrictive manner 
                appropriate, as determined by the court, that carries 
                with it the possibility of dismissal of charges or 
                reduced sentencing upon successful completion of 
                treatment;
                    ``(C) centralized case management involving the 
                consolidation of all of a mentally ill or mentally 
                retarded defendant's cases, including violations of 
                probation, and the coordination of all mental health 
                treatment plans and social services, including life 
                skills training, such as housing placement, vocational 
                training, education, job placement, health care, and 
                relapse prevention for each participant who requires 
                such services; and
                    ``(D) continuing supervision of treatment plan 
                compliance for a term not to exceed the maximum 
                allowable sentence or probation for the charged or 
                relevant offense and, to the extent practicable, 
                continuity of psychiatric care at the end of the 
                supervised period.

``SEC. 2202. DEFINITIONS.

    ``In this part--
            ``(1) 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 Statistical Manual of Mental Disorders 
                published by the American Psychiatric Association; and
                    ``(B) that has resulted in functional impairment 
                that substantially interferes with or limits 1 or more 
                major life activities; and
            ``(2) the term `preliminarily qualified offender with 
        mental illness, mental retardation, or co-occurring mental and 
        substance abuse disorders' means 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; or
                    ``(ii) manifests obvious signs of mental illness, 
                mental retardation, or co-occurring mental illness and 
                substance abuse disorders during arrest or confinement 
                or before any court; and
                    ``(B) is deemed eligible by designated judges.

``SEC. 2203. ADMINISTRATION.

    ``(a) Consultation.--The Attorney General shall consult with the 
Secretary of Health and Human Services  and any other appropriate 
officials in carrying out this part.
    ``(b) Use of Components.--The Attorney General may utilize any 
component or components of the Department of Justice in carrying out 
this part.
    ``(c) Regulatory Authority.--The Attorney General shall issue 
regulations and guidelines necessary to carry out this part which 
include, but are not limited to, the methodologies and outcome measures 
proposed for evaluating each applicant program.
    ``(d) Applications.--In addition to any other requirements that may 
be specified by the Attorney General, an application for a grant under 
this part shall--
            ``(1) include a long-term strategy and detailed 
        implementation plan;
            ``(2) explain the applicant's inability to fund the program 
        adequately without Federal assistance;
            ``(3) certify that the Federal support provided will be 
        used to supplement, and not supplant, State, Indian tribal, and 
        local sources of funding that would otherwise be available;
            ``(4) identify related governmental or community 
        initiatives which complement or will be coordinated with the 
        proposal;
            ``(5) certify that there has been appropriate consultation 
        with all affected agencies and that there will be appropriate 
        coordination with all affected agencies in the implementation 
        of the program, including the State mental health authority;
            ``(6) certify that participating offenders will be 
        supervised by one or more designated judges with responsibility 
        for the mental health court program;
            ``(7) specify plans for obtaining necessary support and 
        continuing the proposed program following the conclusion of 
        Federal support;
            ``(8) describe the methodology and outcome measures that 
        will be used in evaluating the program; and
            ``(9) certify that participating first time offenders 
        without a history of a mental illness will receive a mental 
        health evaluation.

``SEC. 2204. APPLICATIONS.

    ``To request funds under this part, the chief executive or the 
chief justice of a State or the chief executive or chief judge of a 
unit of local government or Indian tribal government shall submit to 
the Attorney General an application in such form and containing such 
information as the Attorney General may reasonably require.

``SEC. 2205. FEDERAL SHARE.

    ``The Federal share of a grant made under this part may not exceed 
75 percent of the total costs of the program described in the 
application submitted under section 2204 for the fiscal year for which 
the program receives assistance under this part, unless the Attorney 
General waives, wholly or in part, the requirement of a matching 
contribution under this section. The use of the Federal share of a 
grant made under this part shall be limited to new expenses 
necessitated by the proposed program, including the development of 
treatment services and the hiring and training of personnel. In-kind 
contributions may constitute a portion of the non-Federal share of a 
grant.

``SEC. 2206. GEOGRAPHIC DISTRIBUTION.

    ``The Attorney General shall ensure that, to the extent 
practicable, an equitable geographic distribution of grant awards is 
made that considers the special needs of rural communities, Indian 
tribes, and Alaska Natives.

``SEC. 2207. REPORT.

    ``A State, Indian tribal government, or unit of local government 
that receives funds under this part during a fiscal year shall submit 
to the Attorney General a report in March of the following year 
regarding the effectiveness of this part.

``SEC. 2208. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

    ``(a) Technical Assistance and Training.--The Attorney General may 
provide technical assistance and training in furtherance of the 
purposes of this part.
    ``(b) Evaluations.--In addition to any evaluation requirements that 
may be prescribed for grantees, the Attorney General may carry out or 
make arrangements for evaluations of programs that receive support 
under this part.
    ``(c) Administration.--The technical assistance, training, and 
evaluations authorized by this section may be carried out directly by 
the Attorney General, in collaboration with the Secretary of Health and 
Human Services, or through grants, contracts, or other cooperative 
arrangements with other entities.''.
    (b) Technical Amendment.--The table of contents of title I of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et 
seq.), is amended by inserting after part U the following:

                     ``Part V--Mental Health Courts

``Sec. 2201. Grant authority.
``Sec. 2202. Definitions.
``Sec. 2203. Administration.
``Sec. 2204. Applications.
``Sec. 2205. Federal share.
``Sec. 2206. Geographic distribution.
``Sec. 2207. Report.
``Sec. 2208. Technical assistance, training, and evaluation.''.
    (c) Authorization of Appropriations.--Section 1001(a) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3793(a)) is amended by inserting after paragraph (19) the following:
    ``(20) There are authorized to be appropriated to carry out part V, 
$10,000,000 for each of fiscal years 2001 through 2004.''.




                                                       Calendar No. 734

106th CONGRESS

  2d Session

                                S. 1865

_______________________________________________________________________

                                 A BILL

   To provide grants to establish demonstration mental health courts.

_______________________________________________________________________

                             July 27, 2000

                       Reported with an amendment