[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2304 Enrolled Bill (ENR)]

        S.2304

                       One Hundred Tenth Congress

                                 of the

                        United States of America


                          AT THE SECOND SESSION

          Begun and held at the City of Washington on Thursday,
            the third day of January, two thousand and eight


                                 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. Examination 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) 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.
        (4) 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.
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 
(42 U.S.C. 3797aa(h)) is amended--
        (1) in paragraph (1), by striking at the end ``and'';
        (2) in paragraph (2), by striking ``for fiscal years 2006 
    through 2009.'' and inserting ``for each of the fiscal years 2006 
    and 2007; and''; and
        (3) by adding at the end the following new paragraph:
        ``(3) $50,000,000 for each of the fiscal years 2009 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, and adjusting the margins accordingly;
        (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 2009 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) 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;
        ``(3) promote effective strategies to expand the use of mental 
    health courts, including the use of pretrial services and related 
    treatment programs for offenders; or
        ``(4)(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 
    reentry 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.
    Section 2991 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3797aa) is amended by--
        (1) redesignating subsection (h) as subsection (i); and
        (2) inserting after subsection (g) the following:
    ``(h) Law Enforcement Response to Mentally Ill Offenders 
Improvement Grants.--
        ``(1) Authorization.--The Attorney General is authorized to 
    make grants under this section to States, units of local 
    government, Indian tribes, and tribal organizations for the 
    following purposes:
            ``(A) 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.
            ``(B) Receiving centers.--To provide for the development of 
        specialized receiving centers to assess individuals in the 
        custody of law enforcement personnel for suicide risk and 
        mental health and substance abuse treatment needs.
            ``(C) 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.
            ``(D) 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 intervention 
        with respect to mentally ill offenders.
            ``(E) 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.
        ``(2) BJA training models.--For purposes of paragraph (1)(A), 
    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, including suicide prevention.
        ``(3) Matching funds.--The Federal share of funds for a program 
    funded by a grant received under this subsection may not exceed 50 
    percent of the costs of the program. 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.''.
SEC. 5. EXAMINATION AND REPORT ON PREVALENCE OF MENTALLY ILL OFFENDERS.
    (a) In General.--
        (1) In general.--The Attorney General shall examine and report 
    on mental illness and the criminal justice system.
        (2) Scope.--Congress encourages the Attorney General to 
    specifically examine the following:
            (A) Populations.--The rate of occurrence of serious mental 
        illnesses in each of the following populations:
                (i) Individuals, including juveniles, on probation.
                (ii) Individuals, including juveniles, incarcerated in 
            a jail.
                (iii) Individuals, including juveniles, incarcerated in 
            a prison.
                (iv) Individuals, including juveniles, on parole.
            (B) Benefits.--The percentage of individuals in each 
        population described in subparagraph (A) who have--
                (i) a serious mental illness; and
                (ii) received disability benefits under title II or 
            title XVI of the Social Security Act (42 U.S.C. 401 et seq. 
            and 1381 et seq.).
    (b) Report.--Not later than 36 months after the date of the 
enactment of this Act, the Attorney General shall submit to Congress 
the report described in subsection (a).
    (c) Definitions.--In this section--
        (1) the term ``serious mental illness'' means that an 
    individual has, or at any time during the 1-year period ending on 
    the date of enactment of this Act had, a covered mental, 
    behavioral, or emotional disorder; and
        (2) the term ``covered mental, behavioral, or emotional 
    disorder''--
            (A) means a diagnosable mental, behavioral, or emotional 
        disorder of sufficient duration to meet diagnostic criteria 
        specified within the Diagnostic and Statistical Manual of 
        Mental Disorders, Fourth Edition, or the International 
        Classification of Diseases, Ninth Revision, Clinical 
        Modification equivalent of the Diagnostic and Statistical 
        Manual of Mental Disorders, Fourth Edition; and
            (B) does not include a disorder that has a V code within 
        the Diagnostic and Statistical Manual of Mental Disorders, 
        Fourth Edition, a substance use disorder, or a developmental 
        disorder, unless that disorder cooccurs with another disorder 
        described in subparagraph (A) and causes functional impairment 
        which substantially interferes with or limits 1 or more major 
        life activities.
    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $2,000,000 for 2009.

                               Speaker of the House of Representatives.

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