[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1194 Enrolled Bill (ENR)]

        S.1194

                       One Hundred Eighth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Tuesday,
           the twentieth day of January, two thousand and four


                                 An Act


 
  To foster local collaborations which will ensure that resources are 
   effectively and efficiently used within the criminal and juvenile 
                            justice systems.

    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 ``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.

                               Speaker of the House of Representatives.

                            Vice President of the United States and    
                                               President of the Senate.