[Congressional Bills 107th Congress]
[From the U.S. Government Publishing Office]
[S. 1965 Introduced in Senate (IS)]







107th CONGRESS
  2d Session
                                S. 1965

   To meet the mental health and substance abuse treatment needs of 
                    incarcerated children and youth.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                           February 26, 2002

 Mr. Wellstone introduced the following bill; which was read twice and 
               referred to the Committee on the Judiciary

_______________________________________________________________________

                                 A BILL


 
   To meet the mental health and substance abuse treatment needs of 
                    incarcerated children and youth.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mental Health Juvenile Justice 
Act''.

SEC. 2. TRAINING OF JUSTICE SYSTEM PERSONNEL.

    Title II of the Juvenile Justice and Delinquency Prevention Act of 
1974 (42 U.S.C. 5611 et seq.) is amended by adding at the end the 
following:

    ``PART K--ACCESS TO MENTAL HEALTH AND SUBSTANCE ABUSE TREATMENT

``SEC. 299AA. GRANTS FOR TRAINING OF JUSTICE SYSTEM PERSONNEL.

    ``(a) In General.--The Administrator shall make grants to State and 
local juvenile justice agencies in collaboration with State and local 
mental health agencies, for purposes of training the officers and 
employees of the State juvenile justice system (including employees of 
facilities that are contracted for operation by State and local 
juvenile authorities) regarding appropriate access to mental health and 
substance abuse treatment programs and services in the State for 
juveniles who come into contact with the State juvenile justice system 
who have mental health or substance abuse problems.
    ``(b) Use of Funds.--A State or local juvenile justice agency that 
receives a grant under this section may use the grant for purposes of--
            ``(1) providing cross-training, jointly with the public 
        mental health system, for State juvenile court judges, public 
        defenders, and mental health and substance abuse agency 
        representatives with respect to the appropriate use of 
        effective, community-based alternatives to juvenile justice or 
        mental health system institutional placements; or
            ``(2) providing training for State juvenile probation 
        officers and community mental health and substance abuse 
        program representatives on appropriate linkages between 
        probation programs and mental health community programs, 
        specifically focusing on the identification of mental disorders 
        and substance abuse addiction in juveniles on probation, 
        effective treatment interventions for those disorders, and 
        making appropriate contact with mental health and substance 
        abuse case managers and programs in the community, in order to 
        ensure that juveniles on probation receive appropriate access 
        to mental health and substance abuse treatment programs and 
        services.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated from the Violent Crime Reduction Trust Fund, $50,000,000 
for fiscal years 2002, 2003, 2004, 2005, and 2006 to carry out this 
section.''.

SEC. 3. BLOCK GRANT FUNDING FOR TREATMENT AND DIVERSION PROGRAMS.

    Part K of title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended by adding at 
the end the following:

``SEC. 299BB. GRANTS FOR STATE PARTNERSHIPS.

    ``(a) In General.--The Attorney General and the Secretary of Health 
and Human Services shall make grants to partnerships between State and 
local/county juvenile justice agencies and State and local mental 
health authorities (or appropriate children service agencies) in 
accordance with this section.
    ``(b) Use of Funds.--A partnership described in subsection (a) that 
receives a grant under this section shall use such amounts for the 
establishment and implementation of programs that address the service 
needs of juveniles who come into contact with the justice system 
(including facilities contracted for operation by State or local 
juvenile authorities) who have mental health or substance abuse 
problems, by requiring the following:
            ``(1) Diversion.--Appropriate diversion of those juveniles 
        from incarceration--
                    ``(A) at imminent risk of being taken into custody;
                    ``(B) at the time they are initially taken into 
                custody;
                    ``(C) after they are charged with an offense or act 
                of juvenile delinquency;
                    ``(D) after they are adjudicated delinquent but 
                prior to case disposition; and
                    ``(E) after they are released from a juvenile 
                facility, for the purposes of attending after-care 
                programs.
            ``(2) Treatment.--
                    ``(A) Screening and assessment of juveniles.--
                            ``(i) In general.--Initial mental health 
                        screening shall be completed for all juveniles 
                        immediately upon entering the juvenile justice 
                        system or a juvenile facility. Screening shall 
                        be conducted by qualified health and mental 
                        health professionals or by staff who have been 
                        trained by qualified health, mental health, and 
                        substance abuse professionals. In the case of a 
                        screening by staff, the screening results 
                        should be reviewed by qualified health, mental 
                        health professionals not later than 24 hours 
                        after the screening.
                            ``(ii) Acute mental illness.--Juveniles who 
                        suffer from acute mental disorders, who are 
                        suicidal, or in need of detoxification shall be 
                        placed in or immediately transferred to an 
                        appropriate medical or mental health facility. 
                        They shall be admitted to a secure correctional 
                        facility only with written medical clearance.
                            ``(iii) Comprehensive assessment.--All 
                        juveniles entering the juvenile justice system 
                        shall have a comprehensive assessment conducted 
                        and an individualized treatment plan written 
                        and implemented within 2 weeks. This assessment 
                        shall be conducted within 1 week for juveniles 
                        incarcerated in secure facilities. Assessments 
                        shall be completed by qualified health, mental 
                        health, and substance abuse professionals.
                    ``(B) Treatment.--
                            ``(i) In general.--If the need for 
                        treatment is indicated by the assessment of a 
                        juvenile, the juvenile shall be referred to or 
                        treated by a qualified professional. A juvenile 
                        who is currently receiving treatment for a 
                        mental or emotional disorder shall have 
                        treatment continued.
                            ``(ii) Period.--Treatment shall continue 
                        until additional mental health assessment 
                        determines that the juvenile is no longer in 
                        need of treatment. Treatment plans shall be 
                        reevaluated at least every 30 days.
                            ``(iii) Discharge plan.--An incarcerated 
                        juvenile shall have a discharge plan prepared 
                        when the juvenile enters the correctional 
                        facility in order to integrate the juvenile 
                        back into the family or the community. This 
                        plan shall be updated in consultation with the 
                        juvenile's family or guardian before the 
                        juvenile leaves the facility. Discharge plans 
                        shall address the provision of aftercare 
                        services.
                            ``(iv) Medication.--Any juvenile receiving 
                        psychotropic medications shall be under the 
                        care of a licensed psychiatrist. Psychotropic 
                        medications shall be monitored regularly by 
                        trained staff for their efficacy and side 
                        effects.
                            ``(v) Specialized treatment.--Specialized 
                        treatment and services shall be continually 
                        available to a juvenile who--
                                    ``(I) has a history of mental 
                                health problems or treatment;
                                    ``(II) has a documented history of 
                                sexual abuse or offenses, as victim or 
                                as perpetrator;
                                    ``(III) has substance abuse 
                                problems, health problems, learning 
                                disabilities, or histories of family 
                                abuse or violence; or
                                    ``(IV) has developmental 
                                disabilities.
                    ``(C) Medical and mental health emergencies.--All 
                correctional facilities shall have written policies and 
                procedures on suicide prevention. All staff working in 
                correctional facilities shall be trained and certified 
                annually in suicide prevention. Facilities shall have 
                written arrangements with a hospital or other facility 
                for providing emergency medical and mental health care. 
                Physical and mental health services shall be available 
                to an incarcerated juvenile 24 hours per day, 7 days 
                per week.
                    ``(D) Classification of juveniles.--
                            ``(i) In general.--Juvenile facilities 
                        shall classify and house juveniles in living 
                        units according to a plan that includes age, 
                        gender, offense, special medical or mental 
                        health condition, size, and vulnerability to 
                        victimization. Younger, smaller, weaker, and 
                        more vulnerable juveniles shall not be placed 
                        in housing units with older, more aggressive 
                        juveniles.
                            ``(ii) Boot camps.--Juveniles who are under 
                        13 years old or who have serious medical 
                        conditions or mental illness shall not be 
                        placed in paramilitary boot camps.
                    ``(E) Confidentiality of records.--Mental health 
                and substance abuse treatment records of juveniles 
                shall be treated as confidential and shall be excluded 
                from the records that States require to be routinely 
                released to other correctional authorities and school 
                officials.
                    ``(F) Mandatory reporting.--States shall keep 
                records of the incidence and types of mental health and 
                substance abuse disorders in their juvenile justice 
                populations, the range and scope of services provided, 
                and barriers to service. The State shall submit an 
                analysis of this information yearly to the Department 
                of Justice.
                    ``(G) Staff ratios for correctional facilities.--
                Each secure correctional facility shall have a minimum 
ratio of no fewer than 1 mental health counselor to every 50 juveniles. 
Mental health counselors shall be professionally trained and certified 
or licensed. Each secure correctional facility shall have a minimum 
ratio of 1 clinical psychologist for every 100 juveniles. Each secure 
correctional facility shall have a minimum ratio of 1 licensed 
psychiatrist for every 100 juveniles receiving psychiatric care.
                    ``(H) Use of force.--
                            ``(i) Written guidelines.--All juvenile 
                        facilities shall have a written behavioral 
                        management system based on incentives and 
                        rewards to reduce misconduct and to decrease 
                        the use of restraints and seclusion by staff.
                            ``(ii) Limitations on restraint.--Control 
                        techniques such as restraint, seclusion, 
                        chemical sprays, and room confinement shall be 
                        used only in response to extreme threats to 
                        life or safety. Use of these techniques shall 
                        be approved by the facility superintendent or 
                        chief medical officer and documented in the 
                        juvenile's file along with the justification 
                        for use and the failure of less restrictive 
                        alternatives.
                            ``(iii) Limitation on isolation.--Isolation 
                        and seclusion shall be used only for immediate 
                        and short-term security or safety reasons. No 
                        juvenile shall be placed in isolation without 
                        approval of the facility superintendent or 
                        chief medical officer or their official staff 
                        designee. All cases shall be documented in the 
                        juvenile's file along with the justification. A 
                        juvenile shall be in isolation only the amount 
                        of time necessary to achieve security and 
                        safety of the juvenile and staff. Staff shall 
                        monitor each juvenile in isolation once every 
                        15 minutes and conduct a professional review of 
                        the need for isolation at least every 4 hours. 
                        Any juvenile held in seclusion for 24 hours 
                        shall be examined by a physician or licensed 
                        psychologist.
                    ``(I) IDEA and rehabilitation act.--All juvenile 
                facilities shall abide by all mandatory requirements 
                and time lines set forth under the Individuals with 
                Disabilities Education Act and section 504 of the 
                Rehabilitation Act of 1973.
                    ``(J) Advocacy assistance.--
                            ``(i) In general.--The Secretary of Health 
                        and Human Services shall make grants to the 
                        systems established under part C of the 
                        Developmental Disabilities Assistance and Bill 
                        of Rights Act (42 U.S.C. 6041 et seq.) to 
                        monitor the mental health and special education 
                        services provided by grantees to juveniles 
                        under paragraph (2) (A), (B), (C), (H), and (I) 
                        of this section, and to advocate on behalf of 
                        juveniles to assure that such services are 
                        properly provided.
                            ``(ii) Appropriation.--The Secretary of 
                        Health and Human Services will reserve no less 
                        than 3 percent of the funds appropriated under 
                        this section for the purposes set forth in 
                        paragraph (2)(J)(i).
    ``(c) Authorization of Appropriations.--
            ``(1) In general.--There are authorized to be appropriated 
        from the Violent Crime Reduction Trust Fund, $500,000,000 for 
        fiscal years 2002, 2003, 2004, 2005, and 2006 to carry out this 
        section.
            ``(2) Allocation.--Of amounts appropriated under paragraph 
        (1)--
                    ``(A) 35 percent shall be used for diversion 
                programs under subsection (b)(1); and
                    ``(B) 65 percent shall be used for treatment 
                programs under subsection (b)(2).
            ``(3) Incentives.--The Attorney General and the Secretary 
        of Health and Human Services shall give preference under 
        subsection (b)(2) to partnerships that integrate treatment 
        programs to serve juveniles with co-occurring mental health and 
        substance abuse disorders.
            ``(4) Waivers.--The Attorney General and the Secretary of 
        Health and Human Services may grant a waiver of requirements 
        under subsection (b)(2) for good cause.

``SEC. 299CC. GRANTS FOR PARTNERSHIPS.

    ``(a) In General.--Any partnership desiring to receive a grant 
under this part shall submit an application at such time, in such 
manner, and containing such information as the Attorney General and the 
Secretary of Health and Human Services may prescribe.
    ``(b) Contents.--In accordance with guidelines established by the 
Attorney General and the Secretary of Health and Human Services, each 
application submitted under subsection (a) shall--
            ``(1) set forth a program or activity for carrying out one 
        or more of the purposes specified in section 299BB(b) and 
        specifically identify each such purpose such program or 
        activity is designed to carry out;
            ``(2) provide that such program or activity shall be 
        administered by or under the supervision of the applicant;
            ``(3) provide for the proper and efficient administration 
        of such program or activity;
            ``(4) provide for regular evaluation of such program or 
        activity;
            ``(5) provide an assurance that the proposed program or 
        activity will supplement, not supplant, similar programs and 
        activities already available in the community; and
            ``(6) provide for such fiscal control and fund accounting 
        procedures as may be necessary to ensure prudent use, proper 
        disbursement, and accurate accounting of funds receiving under 
        this part.''.

SEC. 4. INITIATIVE FOR COMPREHENSIVE, INTERSYSTEM PROGRAMS.

    Subpart 3 of part B of title V of the Public Health Service Act (42 
U.S.C. 290bb-31 et seq.) is amended by adding at the end the following:

``SEC. 520C. INITIATIVE FOR COMPREHENSIVE, INTERSYSTEM PROGRAMS.

    ``(a) In General.--The Attorney General and the Secretary, acting 
through the Director of the Center for Mental Health Services, shall 
award competitive grants to eligible entities for programs that address 
the service needs of juveniles and juveniles with serious mental 
illnesses by requiring the State or local juvenile justice system, the 
mental health system, and the substance abuse treatment system to work 
collaboratively to ensure--
            ``(1) the appropriate diversion of such juveniles and 
        juveniles from incarceration;
            ``(2) the provision of appropriate mental health and 
        substance abuse services as an alternative to incarceration and 
        for those juveniles on probation or parole; and
            ``(3) the provision of followup services for juveniles who 
        are discharged from the juvenile justice system.
    ``(b) Eligibility.--To be eligible to receive a grant under this 
section an entity shall--
            ``(1) be a State or local juvenile justice agency, mental 
        health agency, or substance abuse agency (including community 
        diversion programs);
            ``(2) prepare and submit to the Secretary an application at 
        such time, in such manner, and containing such information as 
        the Secretary may require, including--
                    ``(A) an assurance that the applicant has the 
                consent of all entities described in paragraph (1) in 
                carrying out and coordinating activities under the 
                grant; and
                    ``(B) with respect to services for juveniles, an 
                assurance that the applicant has collaborated with the 
                State or local educational agency and the State or 
                local welfare agency in carrying out and coordinating 
                activities under the grant;
            ``(3) be given priority if it is a joint application 
        between juvenile justice and substance abuse or mental health 
        agencies; and
            ``(4) ensure that funds from non-Federal sources are 
        available to match amounts provided under the grant in an 
        amount that is not less than--
                    ``(A) with respect to the first 3 years under the 
                grant, 25 percent of the amount provided under the 
                grant; and
                    ``(B) with respect to the fourth and fifth years 
                under the grant, 50 percent of the amount provided 
                under the grant.
    ``(c) Use of Funds.--
            ``(1) Initial year.--An entity that receives a grant under 
        this section shall, in the first fiscal year in which amounts 
        are provided under the grant, use such amounts to develop a 
        collaborative plan--
                    ``(A) for how the guarantee will institute a system 
                to provide intensive community services--
                            ``(i) to prevent high-risk juveniles from 
                        coming in contact with the justice system; and
                            ``(ii) to meet the mental health and 
                        substance abuse treatment needs of juveniles on 
                        probation or recently discharged from the 
                        justice system; and
                    ``(B) providing for the exchange by agencies of 
                information to enhance the provision of mental health 
                or substance abuse services to juveniles.
            ``(2) 2-5th years.--With respect to the second through 
        fifth fiscal years in which amounts are provided under the 
        grant, the grantee shall use amounts provided under the grant--
                    ``(A) to furnish services, such as assertive 
                community treatment, wrap-around services for 
                juveniles, multisystemic therapy, outreach, integrated 
                mental health and substance abuse treatment, case 
                management, health care, education and job training, 
                assistance in securing stable housing, finding a job or 
                obtaining income support, other benefits, access to 
                appropriate school-based services, transitional and 
                independent living services, mentoring programs, home-
                based services, and provision of appropriate after 
                school and summer programing;
                    ``(B) to establish a network of boundary spanners 
                to conduct regular meetings with judges, provide 
                liaison with mental health and substance abuse workers, 
                share and distribute information, and coordinate with 
                mental health and substance abuse treatment providers, 
                and probation or parole officers concerning provision 
                of appropriate mental health and drug and alcohol 
                addiction services for individuals on probation or 
                parole;
                    ``(C) to provide cross-system training among 
                police, corrections, and mental health and substance 
                abuse providers with the purpose of enhancing 
                collaboration and the effectiveness of all systems;
                    ``(D) to provide coordinated and effective 
                aftercare programs for juveniles with emotional or 
                mental disorders who are discharged from jail, prison, 
                or juvenile facilities;
                    ``(E) to purchase technical assistance to achieve 
                the grant project's goals; and
                    ``(F) to furnish services, to train personnel in 
                collaborative approaches, and to enhance intersystem 
                collaboration.
            ``(3) Definition.--In paragraph (2)(B), the term `boundary 
        spanners' means professionals who act as case managers for 
        juveniles with mental disorders and substance abuse addictions, 
        within both justice agency facilities and community mental 
        health programs and who have full authority from both systems 
        to act as problem-solvers and advocates on behalf of 
        individuals targeted for service under this program.
    ``(d) Area Served by the Project.--An entity receiving a grant 
under this section shall conduct activities under the grant to serve at 
least a single political jurisdiction.
    ``(e) Authorization of Appropriations.--There shall be made 
available to carry out the section, not less than 10 percent of the 
amount appropriated under section 1935(a) for each of the fiscal years 
2002 through 2006.''.

SEC. 5. FEDERAL COORDINATING COUNCIL ON THE CRIMINALIZATION OF 
              JUVENILES WITH MENTAL DISORDERS.

    (a) Establishment.--There is established a Federal Coordinating 
Council on Criminalization of Juveniles With Mental Disorders as an 
interdepartmental council to study and coordinate the criminal and 
juvenile justice and mental health and substance abuse activities of 
the Federal Government and to report to Congress on proposed new 
legislation to improve the treatment of mentally ill juveniles who come 
in contact with the juvenile justice system.
    (b) Membership.--The Council shall include representatives from--
            (1) the appropriate Federal agencies, as determined by the 
        President, including, at a minimum--
                    (A) the Office of the Secretary of Health and Human 
                Services;
                    (B) the Office for Juvenile Justice and Delinquency 
                Prevention;
                    (C) the National Institute of Mental Health;
                    (D) the Social Security Administration;
                    (E) the Department of Education; and
                    (F) the Substance Abuse and Mental Health Services 
                Administration; and
            (2) children's mental health advocacy groups.
    (c) Duties.--The Council shall--
            (1) review Federal policies that hinder or facilitate 
        coordination at the State and local level between the mental 
        health and substance abuse systems on the one hand and the 
        juvenile justice and corrections system on the other;
            (2) study the possibilities for improving collaboration at 
        the Federal, State, and local level among these systems; and
            (3) recommend to Congress any appropriate new initiatives 
        which require legislative action.
    (d) Final Report.--The Council shall submit--
            (1) an interim report on current coordination and 
        collaboration, or lack thereof, 18 months after the Council is 
        established; and
            (2) recommendations for new initiatives in improving 
        coordination and collaboration in a final report to Congress 2 
        years after the Council is established.
    (e) Expiration.--The Council shall expire 2 years after the Council 
is established.

SEC. 6. MENTAL HEALTH SCREENING AND TREATMENT FOR PRISONERS.

    (a) Additional Requirements for the Use of Funds Under the Violent 
Offender Incarceration and Truth-in-Sentencing Grants Program.--Section 
20105(b) of the Violent Crime Control and Law Enforcement Act of 1994 
is amended to read as follows:
    ``(b) Additional Requirements.--
            ``(1) Eligibility for grant.--To be eligible to receive a 
        grant under section 20103 or 20104, a State shall, not later 
        than January 1, 2003, have a program of mental health screening 
        and treatment for appropriate categories of juvenile and other 
        offenders during periods of incarceration and juvenile and 
        criminal justice supervision, that is consistent with 
        guidelines issued by the Attorney General.
            ``(2) Use of funds.--
                    ``(A) In general.--Notwithstanding any other 
                provision of this subtitle, amounts made available to a 
                State under section 20103 or 20104, may be applied to 
                the costs of programs described in paragraph (1), 
                consistent with guidelines issued by the Attorney 
                General.
                    ``(B) Additional use.--In addition to being used as 
                specified in subparagraph (A), the funds referred to in 
                that subparagraph may be used by a State to pay the 
                costs of providing to the Attorney General a baseline 
                study on the mental health problems of juvenile 
                offenders and prisoners in the State, which study shall 
                be consistent with guidelines issued by the Attorney 
                General.''.

SEC. 7. INAPPLICABILITY OF AMENDMENTS.

    Section 3626 of title 18 is amended by adding at the end the 
following:
    ``(h) Inapplicability of Amendments.--A civil action that seeks to 
remedy conditions which pose a threat to the health of individuals who 
are--
            ``(1) under the age of 16; or
            ``(2) mentally ill;
shall be governed by the terms of this section, as in effect on the day 
before the date of enactment of the Prison Litigation Reform Act of 
1995 and the amendments made by that Act (18 U.S.C. 3601 note).''.
                                 <all>