[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3992 Referred in Senate (RFS)]

  2d Session
                                H. R. 3992


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            January 24, 2008

  Received; read twice and referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
 To amend title I of the Omnibus Crime Control and Safe Streets Act of 
  1968 to provide grants for the improved mental health treatment and 
  services provided to offenders with mental illnesses, and for other 
                               purposes.

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

SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Mentally Ill 
Offender Treatment and Crime Reduction Reauthorization and Improvement 
Act of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Reauthorization of the Adult and Juvenile Collaboration Program 
                            Grants.
Sec. 4. Law enforcement response to mentally ill offenders improvement 
                            grants.
Sec. 5.  Effective treatment of female offenders with mental illnesses.
Sec. 6. Grants to expand capabilities and effectiveness of correctional 
                            agency identification and treatment plans 
                            for mentally ill offenders.
Sec. 7. Statewide planning grants to improve treatment of mentally ill 
                            offenders.
Sec. 8. Improving the mental health courts grant program.
Sec. 9. Study and report on prevalence of mentally ill offenders.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) Communities nationwide are struggling to respond to the 
        high numbers of people with mental illnesses involved at all 
        points in the criminal justice system.
            (2) A 1999 study by the Department of Justice estimated 
        that 16 percent of people incarcerated in prisons and jails in 
        the United States, which is more than 300,000 people, suffer 
        from mental illnesses.
            (3) Rates of mental illness among women in jail are almost 
        twice that of men.
            (4) Los Angeles County Jail and New York's Rikers Island 
        jail complex hold more people with mental illnesses than the 
        largest psychiatric inpatient facilities in the United States.
            (5) State prisoners with a mental health problem are twice 
        as likely as those without a mental health problem to have been 
        homeless in the year before their arrest.
            (6) Reentry planning for inmates with mental illnesses is 
        the least frequently endorsed mental health service by jail 
        administrators.

SEC. 3. REAUTHORIZATION OF THE ADULT AND JUVENILE COLLABORATION PROGRAM 
              GRANTS.

    (a) Authorization of Appropriations Through 2014.--Section 2991(h) 
of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is 
amended--
            (1) in paragraph (1), by striking ``and'';
            (2) in paragraph (2), by striking ``for fiscal years 2006 
        through 2009.'' and inserting ``for each of the fiscal years 
        2006 through 2007; and''; and
            (3) by adding at the end the following new paragraph:
            ``(3) $75,000,000 for each of the fiscal years 2008 through 
        2014.''.
    (b) Allocation of Funding for Administrative Purposes.--Section 
2991(h) of such title is further amended--
            (1) by redesignating paragraphs (1), (2), and (3) (as added 
        by subsection (a)(3)) as subparagraphs (A), (B), and (C), 
        respectively;
            (2) by striking ``There are authorized'' and inserting 
        ``(1) in general.--There are authorized''; and
            (3) by adding at the end the following new paragraph:
    ``(2) Allocation of Funding for Administrative Purposes.--For 
fiscal year 2008 and each subsequent fiscal year, of the amounts 
authorized under paragraph (1) for such fiscal year, the Attorney 
General may obligate not more than 3 percent for the administrative 
expenses of the Attorney General in carrying out this section for such 
fiscal year.''.
    (c) No Minimum Allocation.--Section 2991 of such title is further 
amended by striking subsection (g) and redesignating subsection (h) as 
subsection (g).
    (d) Additional Applications Receiving Priority.--Subsection (c) of 
such section is amended to read as follows:
    ``(c) Priority.--The Attorney General, in awarding funds under this 
section, shall give priority to applications that--
            ``(1) promote effective strategies by law enforcement to 
        identify and to reduce risk of harm to mentally ill offenders 
        and public safety;
            ``(2) promote effective strategies for identification and 
        treatment of female mentally ill offenders; or
            ``(3)(A) demonstrate the strongest commitment to ensuring 
        that such funds are used to promote both public health and 
        public safety;
            ``(B) demonstrate the active participation of each co-
        applicant in the administration of the collaboration program;
            ``(C) 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
            ``(D) have the support of both the Attorney General and the 
        Secretary.''.

SEC. 4. LAW ENFORCEMENT RESPONSE TO MENTALLY ILL OFFENDERS IMPROVEMENT 
              GRANTS.

    (a) In General.--Part HH of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 is further amended by adding at the end 
the following new section:

``SEC. 2992. LAW ENFORCEMENT RESPONSE TO MENTALLY ILL OFFENDERS 
              IMPROVEMENT GRANTS.

    ``(a) Authorization.--The Attorney General is authorized to make 
grants to States, units of local government, Indian tribes, and tribal 
organizations for the following purposes:
            ``(1) Training programs.--To provide for programs that 
        offer law enforcement personnel specialized and comprehensive 
        training in procedures to identify and respond appropriately to 
        incidents in which the unique needs of individuals with mental 
        illnesses are involved.
            ``(2) Receiving centers.--To provide for the development of 
        specialized receiving centers to assess individuals in the 
        custody of law enforcement personnel for mental health and 
        substance abuse treatment needs.
            ``(3) Improved technology.--To provide for computerized 
        information systems (or to improve existing systems) to provide 
        timely information to law enforcement personnel and criminal 
        justice system personnel to improve the response of such 
        respective personnel to mentally ill offenders.
            ``(4) Cooperative programs.--To provide for the 
        establishment and expansion of cooperative efforts by criminal 
        and juvenile justice agencies and mental health agencies to 
        promote public safety through the use of effective 
        interventions with respect to mentally ill offenders.
            ``(5) Campus security personnel training.--To provide for 
        programs that offer campus security personnel training in 
        procedures to identify and respond appropriately to incidents 
        in which the unique needs of individuals with mental illnesses 
        are involved.
    ``(b) BJA Training Models.--For purposes of subsection (a)(1), the 
Director of the Bureau of Justice Assistance shall develop training 
models for training law enforcement personnel in procedures to identify 
and respond appropriately to incidents in which the unique needs of 
individuals with mental illnesses are involved.
    ``(c) Matching Funds.--The Federal share of funds for a program 
funded by a grant received under this section may not exceed 75 percent 
of the costs of the program unless the Attorney General waives, wholly 
or in part, such funding limitation. The non-Federal share of payments 
made for such a program may be made in cash or in-kind, fairly 
evaluated, including planned equipment or services.
    ``(d) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice to carry out this section 
$10,000,000 for each of the fiscal years 2008 through 2014.''.
    (b) Conforming Amendment.--Such part is further amended by amending 
the part heading to read as follows:

    ``PART HH--GRANTS TO IMPROVE TREATMENT OF OFFENDERS WITH MENTAL 
                              ILLNESSES''.

SEC. 5. EFFECTIVE TREATMENT OF FEMALE OFFENDERS WITH MENTAL ILLNESSES.

    Part HH of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968, as amended by section 4, is further amended by adding at 
the end the following new section:

``SEC. 2993. GRANTS FOR THE EFFECTIVE TREATMENT OF FEMALE OFFENDERS 
              WITH MENTAL ILLNESSES.

    ``(a) Authorization.--The Attorney General is authorized to make 
grants to States, units of local government, Indian tribes, and tribal 
organizations to provide any of the following services, with respect to 
a female offender with a mental illness:
            ``(1) Mental health treatment.
            ``(2) Intensive case management services that are 
        coordinated and designed to provide the range of services 
        needed to address treatment or assistance needs of the 
        offender, with respect to any criminal behavior, substance 
        abuse, psychological abuse, physical abuse, housing, 
        employment, and medical needs.
            ``(3) In the case that the offender has a child, family 
        support services needed to ensure the maintenance of a 
        relationship between the offender and such child.
            ``(4) Related mental health services for any children of 
        the offender, as needed.
    ``(b) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice to carry out this section 
$5,000,000 for each of the fiscal years 2008 through 2014.''.

SEC. 6. GRANTS TO EXPAND CAPABILITIES AND EFFECTIVENESS OF CORRECTIONAL 
              AGENCY IDENTIFICATION AND TREATMENT PLANS FOR MENTALLY 
              ILL OFFENDERS.

    Part HH of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968, as amended by sections 4 and 5, is further amended by 
adding at the end the following new section:

``SEC. 2994. GRANTS TO EXPAND CAPABILITIES AND EFFECTIVENESS OF 
              CORRECTIONAL FACILITY IDENTIFICATION AND TREATMENT PLANS 
              FOR MENTALLY ILL OFFENDERS.

    ``(a) Authorization.--The Attorney General is authorized to make 
grants to States, units of local government, Indian tribes, and tribal 
organizations in accordance with this section for any of the following 
purposes:
            ``(1) To provide correctional facilities within the 
        respective jurisdiction with the capacity (or improved 
        capacity), with respect to inmates of such facilities who have 
        mental illnesses, to--
                    ``(A) assess the clinical and social needs of such 
                inmates and the extent to which such inmates pose any 
                public safety risks to the community;
                    ``(B) plan for and provide treatment and services 
                to address the unique needs of such inmates;
                    ``(C) identify and coordinate with community and 
                correctional programs responsible for post-release 
                services; and
                    ``(D) coordinate the transition plans for such 
                inmates to ensure the implementation of such plans and 
                to avoid gaps in care with community-based services.
            ``(2) To provide for the standardization of screening and 
        assessment practices to identify inmates with mental illnesses.
            ``(3) To provide for local task forces to identify 
        essential community services for inmates with mental illnesses 
        upon the reentry of such inmates into the community.
            ``(4) To coordinate planning for the transition of inmates 
        with mental illnesses who are released from correctional 
        facilities and reenter the community.
            ``(5) To provide for housing options for individuals with 
        mental illnesses who reenter the community that provide support 
        for the unique needs of such individuals.
            ``(6) To continue and improve--
                    ``(A) mental health programs provided at 
                correctional facilities within the respective 
                jurisdiction; or
                    ``(B) alternative programs to incarceration for 
                individuals with mental illnesses.
            ``(7) To support the development of community crisis 
        services that are for individuals who are at risk of arrest or 
        incarceration and which are designed to prevent or mitigate a 
        crisis by assessing the individual and crisis involved, 
        providing supportive counseling to the individual, and 
        referring the individual to appropriate community services to 
        stabilize the individual's condition and prevent arrest or 
        incarceration, respectively.
            ``(8) To support forensic assertive community treatment 
        teams for individuals with serious mental illnesses (as defined 
        for purposes of title V of the Public Health Service Act) who 
        reenter prison.
            ``(9) To provide for integrated mental health treatment and 
        substance abuse treatment.
            ``(10)(A) To designate staff to assist inmates of 
        correctional facilities within the respective jurisdiction, 
        in--
                    ``(i) identifying benefits for which they may be 
                eligible; and
                    ``(ii) collecting necessary supporting materials 
                (including medical records) and making applications for 
                income support, health care, food stamps, veterans' 
                benefits, TANF, or other benefit programs.
            ``(B) To contract with local community mental health 
        entities to perform the activities described in clauses (i) and 
        (ii) of subparagraph (A).
            ``(11) To work with the necessary agencies and entities for 
        transition planning for such inmates reentering the community, 
        including any needed applications and paperwork.
            ``(12) To assist such inmates to obtain, or if necessary 
        create and prepare, photo identification documents for use upon 
        release.
            ``(13) To create links with local community mental health 
        providers for case management services for inmates prior to 
        their release from a correctional facility in order to link 
        them with housing, employment, and other key services and 
        benefits.
    ``(b) Requirements for Application.--To be eligible to receive a 
grant under subsection (a) for a given fiscal year, an entity described 
in such subsection shall submit to the Attorney General an application 
in such form and manner and at such time as specified by the Attorney 
General. In addition to any other information specified by the Attorney 
General, such application shall contain the following information:
            ``(1) The number and percentage of offenders in prisons, 
        jails, and juvenile facilities during the previous year--
                    ``(A) who were in the custody of the jurisdiction 
                involved;
                    ``(B) who required mental health treatment; and
                    ``(C) for whom the prison, jail, or juvenile 
                facility involved provided such treatment.
            ``(2) A good faith estimate of the number and percentage of 
        offenders in prisons, jails, and juvenile facilities who are 
        predicted to meet the criteria described in each of 
        subparagraphs (A), (B), and (C) of paragraph (1) during such 
        year, if the entity receives such grant for such year.
    ``(c) Allocation of Grant Amounts Based on Mental Health Treatment 
Percent Demonstrated.--In allocating grant amounts under this section, 
the Attorney General shall base the amount allocated to an entity for a 
fiscal year on the percent of offenders described in subsection (b) to 
whom the entity provided mental health treatment in the previous fiscal 
year, as demonstrated by the entity in its application under such 
subsection.
    ``(d) Technical Assistance.--The Attorney General may provide 
technical assistance to any entity awarded a grant under this section 
to establish or expand mental health treatment services under this 
section if such entity does not have any (or has only a few) prisons, 
jails, or juvenile facilities that offer such services.
    ``(e) Reports.--An entity that receives a grant under subsection 
(a) during a fiscal year shall, not later than the last day of the 
following fiscal year, submit to the Attorney General a report that 
describes and assesses the uses of such grant.
    ``(f) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice to carry out this section 
$10,000,000 for each of the fiscal years 2008 through 2014.''.

SEC. 7. STATEWIDE PLANNING GRANTS TO IMPROVE TREATMENT OF MENTALLY ILL 
              OFFENDERS.

    Part HH of title I of the Omnibus Crime Control and Safe Streets 
Act of 1968, as amended by sections 4, 5, and 6, is further amended by 
adding at the end the following new section:

``SEC. 2995. PLANNING GRANTS TO IMPROVE TREATMENT OF MENTALLY ILL 
              OFFENDERS.

    ``(a) Authorization.--The Attorney General is authorized to carry 
out a grant program under which the Attorney General makes grants to 
States, units of local government, territories, and Indian tribes for 
the following purposes, with respect to the treatment of offenders with 
mental illnesses:
            ``(1) To facilitate the coordination of treatment and 
        services provided for such offenders by the State and other 
        units of government located within the State (including local, 
        territorial, and tribal).
            ``(2) To provide for a State administrator (or other 
        appropriate jurisdictional administrator) to coordinate such 
        treatment and services provided within the State (or other 
        jurisdiction).
            ``(3) To develop a comprehensive plan for the provision of 
        such treatment and services to such offenders within such 
        State.
            ``(4) To establish a coordinating center, with respect to a 
        State, to--
                    ``(A) facilitate the sharing of information related 
                to such treatment and services for such offenders among 
                the jurisdictions located in such State; and
                    ``(B) promote evidence-based practices for purposes 
                of providing such treatment and services.
    ``(b) Application.--
            ``(1) In general.--To be eligible to receive a grant under 
        this section, an entity described in subsection (a) shall 
        submit to the Attorney General an application, in such form and 
        manner and at such time as specified by the Attorney General, 
        which shall include a proposal that describes how--
                    ``(A) the grant will be used to fund mental health 
                treatment and services for jail and prison populations 
                that are identified as savings populations for such 
                entity; and
                    ``(B) any savings accruing to the State or other 
                applicable jurisdiction from providing such population 
                with such treatment and services would be used to 
                increase the availability and accessibility of 
                community-based mental health services.
            ``(2) Savings population.--For purposes of paragraph (1), 
        the term `savings population' means a population that, if in 
        receipt of mental health treatment and services for jail and 
        prison populations, would potentially generate savings to the 
        State or other applicable jurisdiction.
    ``(c) Authorization of Appropriations.--There are authorized to be 
appropriated $10,000,000 to carry out this section for each of the 
fiscal years 2008 through 2013.''.

SEC. 8. IMPROVING THE MENTAL HEALTH COURTS GRANT PROGRAM.

    (a) Reauthorization of the Mental Health Courts Grant Program.--
Section 1001(a)(20) of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3793(a)(20)) is amended by striking 
``fiscal years 2001 through 2004'' and inserting ``fiscal years 2008 
through 2014''.
    (b) Additional Grant Uses Authorized.--Section 2201 of such title 
(42 U.S.C. 3796ii) is amended--
            (1) in paragraph (1) at the end, by striking ``and'';
            (2) in paragraph (2) at the end, by striking the period and 
        inserting a semicolon; and
            (3) by adding at the end the following new paragraphs:
            ``(3) pretrial services and related treatment programs for 
        offenders with mental illnesses; and
            ``(4) developing, implementing, or expanding programs that 
        are alternatives to incarceration for offenders with mental 
        illnesses.''.

SEC. 9. STUDY AND REPORT ON PREVALENCE OF MENTALLY ILL OFFENDERS.

    (a) Study.--The Attorney General shall provide for a study of the 
following:
            (1) The rate of occurrence of serious mental illnesses in 
        each of the following populations:
                    (A) Individuals, including juveniles, on probation.
                    (B) Individuals, including juveniles, incarcerated 
                in a jail.
                    (C) Individuals, including juveniles, incarcerated 
                in a prison.
                    (D) Individuals, including juveniles, on parole.
            (2) For each population described in paragraph (1), the 
        percentage of individuals with serious mental illnesses who, at 
        the time of the arrest, are eligible to receive supplemental 
        security income benefits, social security disability insurance 
        benefits, or medical assistance under a State plan for medical 
        assistance under title XIX of the Social Security Act.
            (3) For each such population, with respect to a year, the 
        percentage of individuals with serious mental illnesses who--
                    (A) were homeless (as defined in section 103 of the 
                McKinney-Vento Homeless Assistance Act (42 U.S.C. 
                11302)) at the time of arrest; and
                    (B) were homeless (as so defined) during any period 
                in the previous year.
    (b) Report.--Not later than 18 months after the date of the 
enactment of this Act, the Attorney General shall submit to Congress a 
report on the results of the study under subsection (a).
    (c) Definition of Serious Mental Illness.--For purposes of this 
section, the term ``serious mental illness'' has the meaning given such 
term for purposes of title V of the Public Health Service Act.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $2,000,000 for fiscal year 2009.

            Passed the House of Representatives January 23, 2008.

            Attest:

                                            LORRAINE C. MILLER,

                                                                 Clerk.