[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1194 Engrossed Amendment House (EAH)]
2d Session
S. 1194
_______________________________________________________________________
AMENDMENT
In the House of Representatives, U. S.,
October 6, 2004.
Resolved, That the bill from the Senate (S. 1194) entitled ``An Act to
foster local collaborations which will ensure that resources are effectively and
efficiently used within the criminal and juvenile justice systems'', do pass
with the following
AMENDMENT:
Strike out all after the enacting clause and insert:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mentally Ill Offender Treatment and
Crime Reduction Act of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Bureau of Justice Statistics, over 16
percent of adults incarcerated in United States jails and
prisons have a mental illness.
(2) According to the Office of Juvenile Justice and
Delinquency Prevention, approximately 20 percent of youth in
the juvenile justice system have serious mental health
problems, and a significant number have co-occurring mental
health and substance abuse disorders.
(3) According to the National Alliance for the Mentally
Ill, up to 40 percent of adults who suffer from a serious
mental illness will come into contact with the American
criminal justice system at some point in their lives.
(4) According to the Office of Juvenile Justice and
Delinquency Prevention, over 150,000 juveniles who come into
contact with the juvenile justice system each year meet the
diagnostic criteria for at least 1 mental or emotional
disorder.
(5) A significant proportion of adults with a serious
mental illness who are involved with the criminal justice
system are homeless or at imminent risk of homelessness, and
many of these individuals are arrested and jailed for minor,
nonviolent offenses.
(6) The majority of individuals with a mental illness or
emotional disorder who are involved in the criminal or juvenile
justice systems are responsive to medical and psychological
interventions that integrate treatment, rehabilitation, and
support services.
(7) Collaborative programs between mental health, substance
abuse, and criminal or juvenile justice systems that ensure the
provision of services for those with mental illness or co-
occurring mental illness and substance abuse disorders can
reduce the number of such individuals in adult and juvenile
corrections facilities, while providing improved public safety.
SEC. 3. PURPOSE.
The purpose of this Act is to increase public safety by
facilitating collaboration among the criminal justice, juvenile
justice, mental health treatment, and substance abuse systems. Such
collaboration is needed to--
(1) protect public safety by intervening with adult and
juvenile offenders with mental illness or co-occurring mental
illness and substance abuse disorders;
(2) provide courts, including existing and new mental
health courts, with appropriate mental health and substance
abuse treatment options;
(3) maximize the use of alternatives to prosecution through
graduated sanctions in appropriate cases involving nonviolent
offenders with mental illness;
(4) promote adequate training for criminal justice system
personnel about mental illness and substance abuse disorders
and the appropriate responses to people with such illnesses;
(5) promote adequate training for mental health and
substance abuse treatment personnel about criminal offenders
with mental illness or co-occurring substance abuse disorders
and the appropriate response to such offenders in the criminal
justice system;
(6) promote communication among adult or juvenile justice
personnel, mental health and co-occurring mental illness and
substance abuse disorders treatment personnel, nonviolent
offenders with mental illness or co-occurring mental illness
and substance abuse disorders, and support services such as
housing, job placement, community, faith-based, and crime
victims organizations; and
(7) promote communication, collaboration, and
intergovernmental partnerships among municipal, county, and
State elected officials with respect to mentally ill offenders.
SEC. 4. DEPARTMENT OF JUSTICE MENTAL HEALTH AND CRIMINAL JUSTICE
COLLABORATION PROGRAM.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at
the end the following:
``PART HH--ADULT AND JUVENILE COLLABORATION PROGRAM GRANTS
``SEC. 2991. ADULT AND JUVENILE COLLABORATION PROGRAMS.
``(a) Definitions.--In this section, the following definitions
shall apply:
``(1) Applicant.--The term `applicant' means States, units
of local government, Indian tribes, and tribal organizations
that apply for a grant under this section.
``(2) Collaboration program.--The term `collaboration
program' means a program to promote public safety by ensuring
access to adequate mental health and other treatment services
for mentally ill adults or juveniles that is overseen
cooperatively by--
``(A) a criminal or juvenile justice agency or a
mental health court; and
``(B) a mental health agency.
``(3) Criminal or juvenile justice agency.--The term
`criminal or juvenile justice agency' means an agency of a
State or local government or its contracted agency that is
responsible for detection, arrest, enforcement, prosecution,
defense, adjudication, incarceration, probation, or parole
relating to the violation of the criminal laws of that State or
local government.
``(4) Diversion and alternative prosecution and
sentencing.--
``(A) In general.--The terms `diversion' and
`alternative prosecution and sentencing' mean the
appropriate use of effective mental health treatment
alternatives to juvenile justice or criminal justice
system institutional placements for preliminarily
qualified offenders.
``(B) Appropriate use.--In this paragraph, the term
`appropriate use' includes the discretion of the judge
or supervising authority, the leveraging of graduated
sanctions to encourage compliance with treatment, and
law enforcement diversion, including crisis
intervention teams.
``(C) Graduated sanctions.--In this paragraph, the
term `graduated sanctions' means an accountability-
based graduated series of sanctions (including
incentives, treatments, and services) applicable to
mentally ill offenders within both the juvenile and
adult justice system to hold individuals accountable
for their actions and to protect communities by
providing appropriate sanctions for inducing law-
abiding behavior and preventing subsequent involvement
in the criminal justice system.
``(5) Mental health agency.--The term `mental health
agency' means an agency of a State or local government or its
contracted agency that is responsible for mental health
services or co-occurring mental health and substance abuse
services.
``(6) Mental health court.--The term `mental health court'
means a judicial program that meets the requirements of part V
of this title.
``(7) Mental illness.--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)(i) that, in the case of an adult, has
resulted in functional impairment that substantially
interferes with or limits 1 or more major life
activities; or
``(ii) that, in the case of a juvenile, has
resulted in functional impairment that substantially
interferes with or limits the juvenile's role or
functioning in family, school, or community activities.
``(8) Nonviolent offense.--The term `nonviolent offense'
means an offense that does not have as an element the use,
attempted use, or threatened use of physical force against the
person or property of another or is not a felony that by its
nature involves a substantial risk that physical force against
the person or property of another may be used in the course of
committing the offense.
``(9) Preliminarily qualified offender.--The term
`preliminarily qualified offender' means an adult or juvenile
accused of a nonviolent offense who--
``(A)(i) previously or currently has been diagnosed
by a qualified mental health professional as having a
mental illness or co-occurring mental illness and
substance abuse disorders; or
``(ii) manifests obvious signs of mental illness or
co-occurring mental illness and substance abuse
disorders during arrest or confinement or before any
court; and
``(B) has faced, is facing, or could face criminal
charges for a misdemeanor or nonviolent offense and is
deemed eligible by a diversion process, designated
pretrial screening process, or by a magistrate or
judge, on the ground that the commission of the offense
is the product of the person's mental illness.
``(10) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(11) Unit of local government.--The term `unit of local
government' means any city, county, township, town, borough,
parish, village, or other general purpose political subdivision
of a State, including a State court, local court, or a
governmental agency located within a city, county, township,
town, borough, parish, or village.
``(b) Planning and Implementation Grants.--
``(1) In general.--The Attorney General, in consultation
with the Secretary, may award nonrenewable grants to eligible
applicants to prepare a comprehensive plan for and implement an
adult or juvenile collaboration program, which targets
preliminarily qualified offenders in order to promote public
safety and public health.
``(2) Purposes.--Grants awarded under this section shall be
used to create or expand--
``(A) mental health courts or other court-based
programs for preliminarily qualified offenders;
``(B) programs that offer specialized training to
the officers and employees of a criminal or juvenile
justice agency and mental health personnel serving
those with co-occurring mental illness and substance
abuse problems in procedures for identifying the
symptoms of preliminarily qualified offenders in order
to respond appropriately to individuals with such
illnesses;
``(C) programs that support cooperative efforts by
criminal and juvenile justice agencies and mental
health agencies to promote public safety by offering
mental health treatment services and, where
appropriate, substance abuse treatment services for--
``(i) preliminarily qualified offenders
with mental illness or co-occurring mental
illness and substance abuse disorders; or
``(ii) adult offenders with mental illness
during periods of incarceration, while under
the supervision of a criminal justice agency,
or following release from correctional
facilities; and
``(D) programs that support intergovernmental
cooperation between State and local governments with
respect to the mentally ill offender.
``(3) Applications.--
``(A) In general.--To receive a planning grant or
an implementation grant, the joint applicants shall
prepare and submit a single application to the Attorney
General at such time, in such manner, and containing
such information as the Attorney General and the
Secretary shall reasonably require. An application
under part V of this title may be made in conjunction
with an application under this section.
``(B) Combined planning and implementation grant
application.--The Attorney General and the Secretary
shall develop a procedure under which applicants may
apply at the same time and in a single application for
a planning grant and an implementation grant, with
receipt of the implementation grant conditioned on
successful completion of the activities funded by the
planning grant.
``(4) Planning grants.--
``(A) Application.--The joint applicants may apply
to the Attorney General for a nonrenewable planning
grant to develop a collaboration program.
``(B) Contents.--The Attorney General and the
Secretary may not approve a planning grant unless the
application for the grant includes or provides, at a
minimum, for a budget and a budget justification, a
description of the outcome measures that will be used
to measure the effectiveness of the program in
promoting public safety and public health, the
activities proposed (including the provision of
substance abuse treatment services, where appropriate)
and a schedule for completion of such activities, and
the personnel necessary to complete such activities.
``(C) Period of grant.--A planning grant shall be
effective for a period of 1 year, beginning on the
first day of the month in which the planning grant is
made. Applicants may not receive more than 1 such
planning grant.
``(D) Amount.--The amount of a planning grant may
not exceed $75,000, except that the Attorney General
may, for good cause, approve a grant in a higher
amount.
``(E) Collaboration set aside.--Up to 5 percent of
all planning funds shall be used to foster
collaboration between State and local governments in
furtherance of the purposes set forth in the Mentally
Ill Offender Treatment and Crime Reduction Act of 2004.
``(5) Implementation grants.--
``(A) Application.--Joint applicants that have
prepared a planning grant application may apply to the
Attorney General for approval of a nonrenewable
implementation grant to develop a collaboration
program.
``(B) Collaboration.--To receive an implementation
grant, the joint applicants shall--
``(i) document that at least 1 criminal or
juvenile justice agency (which can include a
mental health court) and 1 mental health agency
will participate in the administration of the
collaboration program;
``(ii) describe the responsibilities of
each participating agency, including how each
agency will use grant resources to provide
supervision of offenders and jointly ensure
that the provision of mental health treatment
services and substance abuse services for
individuals with co-occurring mental health and
substance abuse disorders are coordinated,
which may range from consultation or
collaboration to integration in a single
setting or treatment model;
``(iii) in the case of an application from
a unit of local government, document that a
State mental health authority has provided
comment and review; and
``(iv) involve, to the extent practicable,
in developing the grant application--
``(I) preliminarily qualified
offenders;
``(II) the families and advocates
of such individuals under subclause
(I); and
``(III) advocates for victims of
crime.
``(C) Content.--To be eligible for an
implementation grant, joint applicants shall comply
with the following:
``(i) Definition of target population.--
Applicants for an implementation grant shall--
``(I) describe the population with
mental illness or co-occurring mental
illness and substance abuse disorders
that is targeted for the collaboration
program; and
``(II) develop guidelines that can
be used by personnel of an adult or
juvenile justice agency to identify
preliminarily qualified offenders.
``(ii) Services.--Applicants for an
implementation grant shall--
``(I) ensure that preliminarily
qualified offenders who are to receive
treatment services under the
collaboration program will first
receive individualized, validated,
needs-based assessments to determine,
plan, and coordinate the most
appropriate services for such
individuals;
``(II) specify plans for making
mental health, or mental health and
substance abuse, treatment services
available and accessible to
preliminarily qualified offenders at
the time of their release from the
criminal justice system, including
outside of normal business hours;
``(III) ensure that there are
substance abuse personnel available to
respond appropriately to the treatment
needs of preliminarily qualified
offenders;
``(IV) determine eligibility for
Federal benefits;
``(V) ensure that preliminarily
qualified offenders served by the
collaboration program will have
adequate supervision and access to
effective and appropriate community-
based mental health services,
including, in the case of individuals
with co-occurring mental health and
substance abuse disorders, coordinated
services, which may range from
consultation or collaboration to
integration in a single setting
treatment model;
``(VI) make available, to the
extent practicable, other support
services that will ensure the
preliminarily qualified offender's
successful reintegration into the
community (such as housing, education,
job placement, mentoring, and health
care and benefits, as well as the
services of faith-based and community
organizations for mentally ill
individuals served by the collaboration
program); and
``(VII) include strategies, to the
extent practicable, to address
developmental and learning disabilities
and problems arising from a documented
history of physical or sexual abuse.
``(D) Housing and job placement.--Recipients of an
implementation grant may use grant funds to assist
mentally ill offenders compliant with the program in
seeking housing or employment assistance.
``(E) Policies and procedures.--Applicants for an
implementation grant shall strive to ensure prompt
access to defense counsel by criminal defendants with
mental illness who are facing charges that would
trigger a constitutional right to counsel.
``(F) Financial.--Applicants for an implementation
grant shall--
``(i) explain the applicant's inability to
fund the collaboration program adequately
without Federal assistance;
``(ii) specify how the Federal support
provided will be used to supplement, and not
supplant, State, local, Indian tribe, or tribal
organization sources of funding that would
otherwise be available, including billing
third-party resources for services already
covered under programs (such as Medicaid,
Medicare, and the State Children's Insurance
Program); and
``(iii) outline plans for obtaining
necessary support and continuing the proposed
collaboration program following the conclusion
of Federal support.
``(G) Outcomes.--Applicants for an implementation
grant shall--
``(i) identify methodology and outcome
measures, as required by the Attorney General
and the Secretary, to be used in evaluating the
effectiveness of the collaboration program;
``(ii) ensure mechanisms are in place to
capture data, consistent with the methodology
and outcome measures under clause (i); and
``(iii) submit specific agreements from
affected agencies to provide the data needed by
the Attorney General and the Secretary to
accomplish the evaluation under clause (i).
``(H) State plans.--Applicants for an
implementation grant shall describe how the adult or
juvenile collaboration program relates to existing
State criminal or juvenile justice and mental health
plans and programs.
``(I) Use of funds.--Applicants that receive an
implementation grant may use funds for 1 or more of the
following purposes:
``(i) Mental health courts and diversion/
alternative prosecution and sentencing
programs.--Funds may be used to create or
expand existing mental health courts that meet
program requirements established by the
Attorney General under part V of this title,
other court-based programs, or diversion and
alternative prosecution and sentencing programs
(including crisis intervention teams and
treatment accountability services for
communities) that meet requirements established
by the Attorney General and the Secretary.
``(ii) Training.--Funds may be used to
create or expand programs, such as crisis
intervention training, which offer specialized
training to--
``(I) criminal justice system
personnel to identify and respond
appropriately to the unique needs of
preliminarily qualified offenders; or
``(II) mental health system
personnel to respond appropriately to
the treatment needs of preliminarily
qualified offenders.
``(iii) Service delivery.--Funds may be
used to create or expand programs that promote
public safety by providing the services
described in subparagraph (C)(ii) to
preliminarily qualified offenders.
``(iv) In-jail and transitional services.--
Funds may be used to promote and provide mental
health treatment and transitional services for
those incarcerated or for transitional re-entry
programs for those released from any penal or
correctional institution.
``(J) Geographic distribution of grants.--The
Attorney General, in consultation with the Secretary,
shall ensure that planning and implementation grants
are equitably distributed among the geographical
regions of the United States and between urban and
rural populations.
``(c) Priority.--The Attorney General, in awarding funds under this
section, shall give priority to applications that--
``(1) demonstrate the strongest commitment to ensuring that
such funds are used to promote both public health and public
safety;
``(2) demonstrate the active participation of each co-
applicant in the administration of the collaboration program;
``(3) document, in the case of an application for a grant
to be used in whole or in part to fund treatment services for
adults or juveniles during periods of incarceration or
detention, that treatment programs will be available to provide
transition and re-entry services for such individuals; and
``(4) have the support of both the Attorney General and the
Secretary.
``(d) Matching Requirements.--
``(1) Federal share.--The Federal share of the cost of a
collaboration program carried out by a State, unit of local
government, Indian tribe, or tribal organization under this
section shall not exceed--
``(A) 80 percent of the total cost of the program
during the first 2 years of the grant;
``(B) 60 percent of the total cost of the program
in year 3; and
``(C) 25 percent of the total cost of the program
in years 4 and 5.
``(2) Non-federal share.--The non-Federal share of payments
made under this section may be made in cash or in-kind fairly
evaluated, including planned equipment or services.
``(e) Federal Use of Funds.--The Attorney General, in consultation
with the Secretary, in administering grants under this section, may use
up to 3 percent of funds appropriated to--
``(1) research the use of alternatives to prosecution
through pretrial diversion in appropriate cases involving
individuals with mental illness;
``(2) offer specialized training to personnel of criminal
and juvenile justice agencies in appropriate diversion
techniques;
``(3) provide technical assistance to local governments,
mental health courts, and diversion programs, including
technical assistance relating to program evaluation;
``(4) help localities build public understanding and
support for community reintegration of individuals with mental
illness;
``(5) develop a uniform program evaluation process; and
``(6) conduct a national evaluation of the collaboration
program that will include an assessment of its cost-
effectiveness.
``(f) Interagency Task Force.--
``(1) In general.--The Attorney General and the Secretary
shall establish an interagency task force with the Secretaries
of Housing and Urban Development, Labor, Education, and
Veterans Affairs and the Commissioner of Social Security, or
their designees.
``(2) Responsibilities.--The task force established under
paragraph (1) shall--
``(A) identify policies within their departments
that hinder or facilitate local collaborative
initiatives for preliminarily qualified offenders; and
``(B) submit, not later than 2 years after the date
of enactment of this section, a report to Congress
containing recommendations for improved
interdepartmental collaboration regarding the provision
of services to preliminarily qualified offenders.
``(g) Minimum Allocation.--Unless all eligible applications
submitted by any State or unit of local government within such State
for a planning or implementation grant under this section have been
funded, such State, together with grantees within the State (other than
Indian tribes), shall be allocated in each fiscal year under this
section not less than 0.75 percent of the total amount appropriated in
the fiscal year for planning or implementation grants pursuant to this
section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Justice to carry out this section--
``(1) $50,000,000 for fiscal year 2005; and
``(2) such sums as may be necessary for fiscal years 2006
through 2009.''.
(b) List of ``Best Practices''.--The Attorney General, in
consultation with the Secretary of Health and Human Services, shall
develop a list of ``best practices'' for appropriate diversion from
incarceration of adult and juvenile offenders.
Attest:
Clerk.