Short title

This Act may be cited as the

Judicial Initiative Mental Health and Substance Abuse Treatment Improvement Act of 2007

Training of justice system personnel to improve mental health and substance abuse treatment

(a)

In general

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:

Access to mental health and substance abuse treatment

300A.

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)

Priority

(1)

In general

In awarding grants under subsection (a), with respect to a year, the Administrator shall give priority to the following agencies described in such subsection: (A)Such an agency that is located in a rural or urban area identified by the Attorney General as having a high incidence of substance abuse among juveniles during the previous year. (B)A State juvenile justice agency, at least 50 percent of the population of which consisted during the previous year of underrepresented minority individuals. (C)A State juvenile justice agency identified by the Attorney General as having a high level of recidivism during the previous year. (2)

Underrepresented minority individual defined

For purposes of paragraph (1)(B), the term underrepresented minority individual means an individual who is a member of a racial or ethnic minority group, as defined by the United States census.

(b)

Authorization of appropriations

Section 299 of such title (42 U.S.C. 5671) is amended— (1)in subsection (a)— (A)in the heading by striking

parts C and E

and inserting

parts C, E, and G

; and (B)in paragraph (2), by striking parts C and E and inserting parts C, E, and G; and (2)by adding at the end the following new subsection:

(e)

Authorization of appropriations for part G

(1)There are authorized to be appropriated $90,000,000 from the Violent Crime Reduction Trust Fund for each of the fiscal years 2008 through 2012 to carry out section 300A.

Block grant funding for treatment and diversion programs

(a)

In general

Part G of title II of the Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.), as added by section 2(a), is amended by adding at the end the following:

300B.

Grants for State partnerships

(a)

In general

The Attorney General, in consultation with the Secretary of Health and Human Services, shall make grants to partnerships between State and local juvenile justice agencies and State and local mental health authorities (or appropriate children service agencies identified by the Attorney General) 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 grant for the establishment and implementation of an eligible program under subsection (c) for juveniles who are confined (or have been confined) to juvenile correctional facilities, including facilities contracted for operation by State or local juvenile authorities, and who have mental health or substance abuse problems. (c)

Eligible programs

For purposes of subsection (b), an eligible program under this subsection is either of the following: (1)

Diversion

A program that provides appropriate diversion of juveniles described in subsection (b) from incarceration— (A)at the time such juveniles are in imminent risk of being taken into custody; (B)at the time such juveniles are initially taken into custody; (C)after such juveniles are charged with an offense or act of juvenile delinquency; (D)after such juveniles are adjudicated delinquent but prior to case disposition; and (E)after such juveniles are released from a juvenile facility, for the purposes of attending aftercare programs. (2)

Mental health and substance abuse treatment

A program that complies with at least one of the following requirements: (A)

Screening, assessment, and planning

The program has a screening, assessment, and planning component that complies with the following: (i)

Initial assessment

Initial mental health screening shall be completed for each juvenile offender immediately upon entering a juvenile correctional facility participating in the program. Such screening shall be conducted by qualified health and mental health professionals or by staff of the facility who have been trained by appropriately qualified health professionals, mental health professionals, and substance abuse professionals. In the case of a screening by staff of the facility, the screening results shall be reviewed by appropriately qualified health professionals, mental health professionals, and substance abuse professionals not later than 24 hours after the screening. (ii)

Comprehensive assessment and treatment plan

Each juvenile offender entering a juvenile correctional facility participating in the program shall have a comprehensive assessment conducted and an individualized treatment plan written and implemented not later than two weeks after the date of such entrance. In the case of juvenile offenders incarcerated in secure facilities, such assessment shall be conducted not later than one week after the date of entrance into such facility. Such assessments shall be completed by appropriately qualified health professionals, mental health professionals, and substance abuse professionals. (iii)

Acute mental illness

A juvenile offender who at any time during the confinement of the juvenile offender in a juvenile correctional facility participating in the program suffers from an acute mental disorder, who is suicidal, or who is in need of detoxification shall be placed in or immediately transferred to an appropriate medical or mental health facility. In the case that a juvenile offender is placed in or immediately transferred to a medical or mental health facility pursuant to this clause, such juvenile offender shall be released from such medical or mental health facility and admitted to a secure correctional facility only with written medical clearance from the medical or mental health facility. (iv)

Discharge plan

Each juvenile offender confined to a juvenile correctional facility participating in the program shall have a discharge plan prepared on the date on which the juvenile enters the facility in order to integrate the juvenile back into the family or the community of such juvenile offender. Such plan shall be updated in consultation with the family or guardian of such juvenile offender before the juvenile offender is released from the facility. A discharge plan shall provide for aftercare services for the juvenile offender. (B)

Treatment

The program has a treatment component that complies with the following: (i)

In general

If the need for treatment for a mental disorder, emotional disorder, or substance abuse is indicated by the assessment of a juvenile offender, the juvenile offender shall be referred to or treated by an appropriately qualified health professional. A juvenile offender who, immediately prior to the date of entering a juvenile correctional facility participating in the program, was receiving treatment for a mental disorder, emotional disorder, or substance abuse shall have treatment continued at such facility. (ii)

Period

A juvenile offender described in clause (i) who receives treatment at the juvenile correctional facility involved shall continue to receive treatment at the facility until the date on which it is determined through mental health assessments that the juvenile offender is no longer in need of such treatment. Treatment plans shall be reevaluated at least once every 30 days. (iii)

Medication

Any juvenile offender receiving psychotropic medications while in a juvenile correctional facility shall be under the care of a licensed psychiatrist. Psychotropic medications shall be monitored regularly by trained staff for their efficacy and side effects. (iv)

Specialized treatment

During the period in which a juvenile offender is confined to a juvenile correctional facility, specialized treatment and services for a mental disorder, emotional disorder, or substance abuse shall be continually available to the juvenile offender if the juvenile offender— (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

With respect to each juvenile correctional facility participating in the program— (i)the correctional facility has written policies and procedures on suicide prevention; (ii)all staff of the correctional facility who are involved in the treatment of juvenile offenders are trained and certified annually in suicide prevention; (iii)the correctional facility has a written arrangement with a hospital or other facility for providing emergency medical and mental health care to juveniles confined to the correctional facility; and (iv)physical and mental health services are available at the correctional facility 24 hours per day, 7 days per week to juvenile offenders who are confined to such facility. (D)

Classification of juveniles

Each juvenile correctional facility participating in the program shall have a policy under which— (i)the correctional facility classifies and houses juvenile offenders in living units according to a plan that takes into consideration the age, gender, any special medical or mental health condition, size, and vulnerability to victimization of, and type of offense committed by each juvenile offender; (ii)younger, smaller, weaker, and more vulnerable juvenile offenders (as determined by mental health professionals) are not placed in housing units with older, more aggressive juvenile offenders; and (iii)juvenile offenders who are under 13 years of age or who have serious medical conditions or mental illnesses are not placed in paramilitary boot camps. (E)

Confidentiality of records

Each juvenile correctional facility participating in the program shall treat mental health and substance abuse treatment records of juvenile offenders as confidential and take measures, in consultation with the State involved, to ensure that such records, to the greatest extent possible, are not required to be included with any records that such State would otherwise require to be routinely released to other correctional authorities and school officials. (F)

Mandatory reporting

Each State juvenile correctional facility participating in the program shall— (i)keep information on the incidence and types of mental health and substance abuse disorders demonstrated by juvenile offenders in the correctional facilities, the range and scope of mental health and substance abuse services provided by the correctional facilities to such juvenile offenders, and barriers to the provision of such services; and (ii)submit an analysis of this information annually to the Attorney General in such form, manner, and time as specified by the Attorney General. (G)

Staff ratios for correctional facilities

Each secure correctional facility participating in the program shall— (i)have a ratio of at least one mental health counselor (who is professionally trained and certified or licensed by the State involved) for every 50 juvenile offenders; (ii)have a ratio of at least one clinical psychologist for every 100 juvenile offenders; and (iii)have a ratio of at least one psychiatrist (who is licensed by the State involved) for every 100 juveniles offenders receiving or in need of psychiatric care. (H)

Use of force

(i)

Written guidelines

In accordance with this subparagraph, each juvenile correctional facility participating in the program shall have a written behavioral management system based on incentives and rewards to reduce misconduct by the juvenile offenders and the use of restraints and seclusion by staff. (ii)

Limitations on restraint

Under the behavioral management system under clause (i), 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 such techniques shall be approved by the facility superintendent or chief medical officer and documented in the file of the juvenile offender involved along with a justification for such use and for the failure to use less restrictive alternatives. (iii)

Limitation on isolation

Under the behavioral management system under clause (i), isolation and seclusion of the juvenile offender involved shall be used only for immediate and short-term security or safety reasons and in accordance with this clause. No juvenile offender shall be placed in isolation without approval of the facility superintendent or chief medical officer or their official staff designee. In the case of a juvenile offender placed in isolation or seclusion, such case shall be documented in the file of the juvenile offender along with a justification for such placement. A juvenile offender may be in isolation only for the amount of time necessary to achieve security and safety of the juvenile offender and staff of the juvenile correctional facility involved. Such staff shall monitor each juvenile in isolation at least once every 15 minutes and conduct a professional review of the need for isolation at least once every 4 hours. Any juvenile held in seclusion for at least 24 hours shall be examined by a physician or licensed psychologist. (I)

Treatment of IDEA and Rehabilitation Act

Each juvenile correctional facility participating in the program 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. (d)

Advocacy assistance

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 described in subparagraphs (A), (B), (C), (H), and (I) of subsection (b)(2) that are provided by partnerships that receive a grant under subsection (a) to juvenile offenders, and to advocate on behalf of such juvenile offenders to assure that such services are properly provided. (e)

Preference

In awarding grants under this section, the Attorney General, in consultation with the Secretary of Health and Human Services, shall give preference to partnerships described in subsection (a) that propose to use the grant funds for programs that meet more than one of the requirements under subsection (c)(2).

300C.

Administrative provisions

(a)

Application

To be eligible to receive a grant under section 300A or 300B, an entity described in section 300A(a) or 300B(a), respectively, shall submit an application at such time, in such manner, and containing such information as the Attorney General, in consultation with the Secretary of Health and Human Services, may prescribe. (b)

Contents of application

In accordance with guidelines established by the Attorney General, in consultation with the Secretary of Health and Human Services, each application submitted under subsection (a) shall, with respect to a program or activity for which funding through the grant involved is sought— (1)provide that such program or activity shall be administered by or under the supervision of the applicant; (2)provide for the proper and efficient administration of such program or activity; (3)provide for regular evaluation of such program or activity; (4)provide an assurance that the proposed program or activity will supplement, not supplant, similar programs and activities already available in the community involved; and (5)provide for such fiscal control and fund accounting procedures as may be necessary to ensure prudent use, proper disbursement, and accurate accounting of funds received under this part for such program or activity. (c)

Duration of grants

Subject to subsection (d), the period during which payments are made to an applicant from a grant under section 300A or 300B may not exceed two years. The provision of such payments are subject to the availability of appropriations for the fiscal year involved to make the payments. (d)

Renewal

An entity that receives a grant under section 300A or 300B may extend the duration of the grant in accordance with a method, form, and time and qualifications specified by the Attorney General.

(b)

Authorization of appropriations

Section 299(e) of such title (42 U.S.C. 5671), as added by section 2(b), is further amended by adding at the end the following new paragraph:

(2)(A)There are authorized to be appropriated $700,000,000 from the Violent Crime Reduction Trust Fund for each of the fiscal years 2008 through 2012 to carry out section 300B. (B)Of such sums that are appropriated for a fiscal year to carry out section 300B— (i)45 percent shall be used for diversion programs under subsection (b)(1) of such section; and (ii)55 percent shall be used for treatment programs under subsection (b)(2) of such section, of which not less than 3 percent shall be used for the purposes set forth in subsection (c) of such section.

Federal coordinating council on the criminalization of juveniles with mental disorders

(a)

Establishment

There is established an interdepartmental council to be known as the Federal Coordinating Council on Criminalization of Juveniles (in this section referred to as the Council) to study and coordinate the criminal and juvenile justice and mental health and substance abuse activities of the Federal Government and report to Congress on proposed new legislation to improve the treatment of mentally ill juveniles who are confined in (or have been confined in) a juvenile correctional facility. (b)

Membership

The Council shall be composed of 13 members, including representatives from— (1)the appropriate Federal agencies, as determined by the President, including, at a minimum— (A)the Department 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, as identified by the Secretary of Health and Human Services. (c)

Chairperson

The council shall elect a chairperson of the council. (d)

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 and the juvenile justice and corrections system; (2)study the possibilities for improving collaboration at the Federal, State, and local level among such systems; and (3)make recommendations to Congress on any appropriate initiatives to improve such coordination and collaboration, which would require legislative action. (e)

Reports

The Council shall submit to Congress the following: (1)

Interim report

Not later than the date that is 18 months after the Council is established, an interim report on the extent of coordination and collaboration in existence as of such date at the Federal, State, and local levels among the systems described in subsection (d)(1). (2)

Final report

Not later than the date that is two years after the Council is established, a final report that includes recommendations for initiatives to improve such coordination and collaboration. (f)

Termination

The Council shall terminate two years after the date on which the Council is established.

Mental health screening and treatment for prisoners

(a)

In general

Section 20105(b) of the Violent Crime Control and Law Enforcement Act of 1994 is amended— (1)by redesignating paragraphs (1), (2), and (3) as subparagraphs (A), (B), and (C), respectively; (2)by inserting

(1) In general

before Funds provided under section 20103; and (3)by adding at the end the following new paragraph:

(2)

Additional eligibility requirement and uses

(A)

Eligibility for grant

To be eligible to receive a grant under section 20103 or 20104, a State shall, not later than January 1, 2008, demonstrate to the satisfaction of the Attorney General that the State has (or intends and has taken steps to implement) a program of mental health screening and treatment for appropriate categories of juvenile offenders and other offenders during periods of incarceration and juvenile and criminal justice supervision, that is consistent with guidelines issued by the Attorney General. (B)

Additional uses of funds

Notwithstanding any other provision of this subtitle, amounts made available to a State under section 20103 or 20104, may be— (i)applied to the costs of programs described in subparagraph (A), consistent with guidelines issued by the Attorney General; or (ii)used by the State to pay the costs of providing to the Attorney General a baseline study (consistent with guidelines issued by the Attorney General) on the mental health problems of juvenile offenders and prisoners in the State.

(b)

Conforming amendments

(1)Section 20103(a) of such Act is amended by striking To be eligible and inserting Subject to section 20105(b)(2)(A), to be eligible. (2)Section 20104(a) of such Act is amended by striking To be eligible and inserting Subject to section 20105(b)(2)(A), to be eligible.