II 110th CONGRESS 1st Session S. 1907 IN THE SENATE OF THE UNITED STATES July 31, 2007 Mr. Baucus (for himself and Mr. Coleman) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To amend title I of the Omnibus Crime Control and Safe Streets Act of 1968 to understand and comprehensively address the inmate oral health problems associated with methamphetamine use, and for other purposes.

1.

Short title

This Act may be cited as the Meth Mouth Correctional Costs and Reentry Support Act.

2.

Table of contents

The table of contents for this Act is as follows: Sec. 1. Short title. Sec. 2. Table of contents. Sec. 3. Findings; purpose; definitions. Sec. 4. Inclusion of oral health and dental care inmate and probationer statistics. Sec. 5. Study of methamphetamine-related oral health costs in jails and prisons. Sec. 6. Interim assistance for correctional dental programs. Sec. 7. Grants for dental care offender reentry projects.

3.

Findings; purpose; definitions

(a)

Findings

The Congress finds as follows: (1)One of the unexpected results of the methamphetamine epidemic has been prisoners’ need for costly dental care. By some accounts, more than 30 percent of prison inmates suffer from meth mouth and about 40 percent of correctional dental spending goes toward repairing or removing teeth ravaged by methamphetamine use. (2)Every year some 600,000 inmates are released from Federal and State prisons and return to their communities and families. (3)Released prisoners suffer disproportionately from oral diseases and other health-related problems, which can hinder their ability to secure housing, employment, and otherwise successfully integrate into the community. (4)Ex-offenders who are healthy have greater success in reintegrating into the community and avoiding incarceration. (5)There have been few published studies (and virtually no routine data collections) that adequately characterize the oral health of inmates and the provision of dental care in correctional facilities. In fact, the absence of peer-reviewed literature has resulted in the perpetual underfunding and understaffing of correctional dental care programs. (b)

Purpose

The purposes of this Act are to— (1)investigate and report on the oral health of inmates of correctional facilities and on the provision of dental care in such facilities; (2)temporarily sustain dental programs in correctional facilities that have been suddenly and disproportionately taxed by the prevalence and severity of inmate meth mouth; (3)ensure that oral health and dental care are accounted for in the Department of Justice’s prisoner reentry initiatives; and (4)underscore the many ways that oral health and dental care contribute to the general health of individuals, their communities, and to the country as a whole. (c)

Definitions

For purposes of this Act: (1)

Correctional facility; detention facility

The terms correctional facility and detention facility mean any place for the confinement or rehabilitation of offenders or individuals charged with or convicted of criminal offenses. (2)

Inmate

The term inmate means any person who is incarcerated or detained in any correctional facility and who is accused of, convicted of, sentenced for, or adjudicated delinquent for, violations of criminal law or the terms and conditions of parole, probation, pretrial release, or a diversionary program. (3)

Meth mouth

The term meth mouth means a distinct and often severe pattern of oral decay that is commonly associated with methamphetamine use. (4)

Offender reentry

The term offender reentry means the process of returning individuals to society after a period of incarceration in a prison, jail, or other detention facility.

4.

Inclusion of oral health and dental care inmate and probationer statistics

Part C of 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 new section:

305.

Justice statistics to include data on provision of dental care

(a)

In general

In collecting, compiling, analyzing, publishing, and disseminating justice statistics relating to the operation of the criminal justice system under this part, the Director of the Bureau of Justice Statistics shall include and take into account data characterizing the oral health of inmates of correctional facilities and the provision of dental care in correctional facilities. Such data shall address at least the following information: (1)The prevalence in such facilities of inmate dental caries (tooth decay), periodontal diseases, and other conditions affecting the teeth, gums, and mouth or affecting the proper function thereof. (2)The types of therapies used in such facilities to diagnose, cure, mitigate, treat, or prevent the onset of the conditions described in paragraph (1). (3)The presentable oral condition of inmates at the time of release of the inmates from such facilities (as would likely be observed by an individual who is not an oral health professional). (4)The size and disposition of inmate dental programs and program budgets, including the number of dentists and allied oral health professionals on staff, under contract, or otherwise used to furnish inmate dental care. (b)

Use of data

The Director may request and use such information, data, and reports from any Federal, State, local, or private entity, as may be required to carry out subsection (a). Such information, data, and reports may be used only with prior written consent from the Federal, State, local, or private entity involved.

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5.

Study of methamphetamine-related oral health costs in jails and prisons

(a)

Study

In carrying out section 305 of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3737 et seq.), as added by section 4, the Attorney General, acting through the Director of the Bureau of Justice Statistics, shall conduct a study to determine the extent to which methamphetamine use affects the demand for (and provision of) oral health care in correctional facilities. (b)

Report

Not later than 1 year after the date of the enactment of this Act, the Director of the Bureau of Justice Statistics shall publish a report detailing the results of the study under subsection (a). Such report shall include the following information: (1)The prevalence and severity of inmate oral health problems believed to be associated with methamphetamine use. (2)The criteria most commonly used to determine whether an inmate’s oral health problems are associated with methamphetamine use. (3)The therapies most commonly used to treat inmate meth mouth. (4)The clinical prognosis for inmates who received care for meth mouth. (5)The financial impact of meth mouth on Federal, State, and local corrections budgets. (c)

Authorization of appropriations

There are authorized to be appropriated $100,000 to carry out this section for each of the fiscal years 2009 through 2011. Amounts authorized for appropriation under this subsection are in addition to any other amounts authorized for appropriation for such purpose.

6.

Interim assistance for correctional dental programs

Part A of 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 new section:

110.

Interim assistance grants for correctional dental programs

(a)

In general

The Assistant Attorney General shall make grants to States and local, territorial, and tribal units of government, for the purpose of developing, enhancing, or otherwise sustaining dental programs that provide for the oral health of jail and prison inmates. (b)

Eligibility

(1)

Application

To be eligible for grants under this section, an entity shall prepare and submit an application at such time, in such manner, and containing such information as the Assistant Attorney General may require. (2)

Preference

In awarding grants under this section, the Assistant Attorney General shall give preference to applicants that demonstrate a compelling need for financial assistance due to the prevalence and severity of inmate meth mouth. (c)

Use of funds

Amounts awarded under this section may be used— (1)to recruit, hire, or otherwise secure the services of dentists, allied dental personnel, and other oral health professionals; (2)to rent, purchase, or otherwise secure dental instruments, equipment, and supplies; (3)to survey, document, and report on— (A)the prevalence and severity of inmate oral health problems believed to be associated with methamphetamine use; (B)the criteria most commonly used to determine whether an inmate’s oral health problems are associated with methamphetamine use; (C)the therapies most commonly used to treat inmates with meth mouth; (D)the prognosis for inmates who received care for meth mouth; and (E)the financial impact of meth mouth on State and local corrections budgets; and (4)to support other activities deemed appropriate by the Assistant Attorney General. (d)

Matching requirement

The Federal share of a grant received under this section may not exceed 50 percent of the total costs of the activity funded by such grant. (e)

Coordination of activities

The Assistant Attorney General may enter into contracts or agreements with other Federal agencies, including interagency agreements to delegate authority for the execution of grants and for such other activities as may be necessary to carry out this section. (f)

Meth mouth defined

For purposes of this section, the term meth mouth means a distinct and often severe pattern of oral decay that is commonly associated with methamphetamine use. (g)

Authorization of appropriations

There are authorized to be appropriated $1,000,000 to carry out this section for each of the fiscal years 2009 through 2011. Amounts authorized for appropriation under this subsection are in addition to any other amounts authorized for appropriation for such purpose.

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7.

Grants for dental care offender reentry projects

Part FF of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797w et seq.) is amended by adding at the end the following new section:

2978.

Grants for dental care offender reentry projects

(a)

Grant authorization

The Attorney General shall make grants to State, local, territorial, and tribal units of government to identify, eliminate, and report on the degree to which poor oral health undermines or otherwise impedes an inmate’s successful transition to a stable, productive, and law-abiding life following his or her release from jail or prison. (b)

Reentry demonstration projects permitted

In carrying out subsection (a), the Attorney General is authorized to make grants to entities described in such subsection to establish adult and juvenile offender reentry demonstration projects for the purpose of— (1)developing and implementing dental treatment programs at correctional and detention facilities in which inmates are incarcerated for a period of time to permit or require emergency dental care; (2)developing, implementing, and evaluating guidelines to ascertain the degree to which an inmate’s presentable oral condition at the time of his or her release facilitates the transition of such inmate to a stable, productive, and law-abiding life; (3)promoting good oral hygiene among inmates and encouraging inmates to obtain regular dental check-ups after their release; (4)assessing the presentable oral condition of inmates at the time of their release (as would likely be noticed by an individual who is not an oral health professional); (5)monitoring an inmate’s compliance with post-release treatment instructions and oral hygiene protocols; and (6)supporting other activities deemed appropriate by the Attorney General. (c)

Authorization of appropriations

There are authorized to be appropriated $100,000 to carry out this section for each of the fiscal years 2009 through 2011.

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