[Congressional Bills 108th Congress]
[From the U.S. Government Publishing Office]
[S. 1194 Reported in House (RH)]

                                                 Union Calendar No. 452
108th CONGRESS
  2d Session
                                S. 1194

                          [Report No. 108-732]


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                            October 28, 2003

               Referred to the Committee on the Judiciary

                            October 5, 2004

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]
 [For text of Senate passed bill, see copy of bill as referred in the 
             House of Representatives on October 28, 2003]

_______________________________________________________________________

                                 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.




                                                 Union Calendar No. 452

108th CONGRESS

  2d Session

                                S. 1194

                          [Report No. 108-732]

_______________________________________________________________________

                                 AN ACT

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

_______________________________________________________________________

                            October 5, 2004

  Reported with an amendment, committed to the Committee of the Whole 
       House on the State of the Union, and ordered to be printed