[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2304 Reported in Senate (RS)]






                                                       Calendar No. 622
110th CONGRESS
  2d Session
                                S. 2304

 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.


_______________________________________________________________________


                   IN THE SENATE OF THE UNITED STATES

                            November 5, 2007

  Mr. Domenici (for himself, Mr. Kennedy, Mr. Specter, Mr. Leahy, Mr. 
 Webb, and Mr. Schumer) introduced the following bill; which was read 
          twice and referred to the Committee on the Judiciary

               April 1 (legislative day, March 13), 2008

                Reported by Mr. Leahy, with an amendment
 [Strike out all after the enacting clause and insert the part printed 
                               in italic]

_______________________________________________________________________

                                 A BILL


 
 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,

<DELETED>SECTION 1. SHORT TITLE; TABLE OF CONTENTS.</DELETED>

<DELETED>    (a) Short Title.--This Act may be cited as the ``Mentally 
Ill Offender Treatment and Crime Reduction Reauthorization and 
Improvement Act of 2007''.</DELETED>
<DELETED>    (b) Table of Contents.--The table of contents for this Act 
is as follows:</DELETED>

<DELETED>Sec. 1. Short title; table of contents.
<DELETED>Sec. 2. Findings.
<DELETED>Sec. 3. Reauthorization of the Adult and Juvenile 
                            Collaboration Program Grants.
<DELETED>Sec. 4. Law enforcement response to mentally ill offenders 
                            improvement grants.
<DELETED>Sec. 5. Improving the mental health courts grant program.
<DELETED>Sec. 6. Study and report on prevalence of mentally ill 
                            offenders.

<DELETED>SEC. 2. FINDINGS.</DELETED>

<DELETED>    Congress finds the following:</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (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.</DELETED>

<DELETED>SEC. 3. REAUTHORIZATION OF THE ADULT AND JUVENILE 
              COLLABORATION PROGRAM GRANTS.</DELETED>

<DELETED>    (a) Authorization of Appropriations Through 2013.--Section 
2991(h) of title I of the Omnibus Crime Control and Safe Streets Act of 
1968 is amended--</DELETED>
        <DELETED>    (1) in paragraph (1), by striking at the end 
        ``and'';</DELETED>
        <DELETED>    (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</DELETED>
        <DELETED>    (3) by adding at the end the following new 
        paragraph:</DELETED>
        <DELETED>    ``(3) $75,000,000 for each of the fiscal years 
        2008 through 2013.''.</DELETED>
<DELETED>    (b) Allocation of Funding for Administrative Purposes.--
Section 2991(h) of such title is further amended--</DELETED>
        <DELETED>    (1) by redesignating paragraphs (1), (2), and (3) 
        (as added by subsection (a)(3)) as subparagraphs (A), (B), and 
        (C), respectively;</DELETED>
        <DELETED>    (2) by striking ``There are authorized'' and 
        inserting ``(1) In general.--There are authorized''; 
        and</DELETED>
        <DELETED>    (3) by adding at the end the following new 
        paragraph:</DELETED>
<DELETED>    ``(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.''.</DELETED>
<DELETED>    (c) Additional Applications Receiving Priority.--
Subsection (c) of such section is amended to read as follows:</DELETED>
<DELETED>    ``(c) Priority.--The Attorney General, in awarding funds 
under this section, shall give priority to applications that--
</DELETED>
        <DELETED>    ``(1) promote effective strategies by law 
        enforcement to identify and to reduce risk of harm to mentally 
        ill offenders and public safety;</DELETED>
        <DELETED>    ``(2) promote effective strategies for 
        identification and treatment of female mentally ill offenders; 
        or</DELETED>
        <DELETED>    ``(3)(A) demonstrate the strongest commitment to 
        ensuring that such funds are used to promote both public health 
        and public safety;</DELETED>
        <DELETED>    ``(B) demonstrate the active participation of each 
        co-applicant in the administration of the collaboration 
        program;</DELETED>
        <DELETED>    ``(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</DELETED>
        <DELETED>    ``(D) have the support of both the Attorney 
        General and the Secretary.''.</DELETED>

<DELETED>SEC. 4. LAW ENFORCEMENT RESPONSE TO MENTALLY ILL OFFENDERS 
              IMPROVEMENT GRANTS.</DELETED>

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

<DELETED>``SEC. 2992. LAW ENFORCEMENT RESPONSE TO MENTALLY ILL 
              OFFENDERS IMPROVEMENT GRANTS.</DELETED>

<DELETED>    ``(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:</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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.</DELETED>
        <DELETED>    ``(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 intervention 
        with respect to mentally ill offenders.</DELETED>
        <DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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.</DELETED>
<DELETED>    ``(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 
2013.''.</DELETED>
<DELETED>    (b) Conforming Amendment.--Such part is further amended by 
amending the part heading to read as follows: ``grants to improve 
treatment of offenders with mental illnesses''.</DELETED>

<DELETED>SEC. 5. IMPROVING THE MENTAL HEALTH COURTS GRANT 
              PROGRAM.</DELETED>

<DELETED>    (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 2013''.</DELETED>
<DELETED>    (b) Additional Grant Uses Authorized.--Section 2201 of 
such title (42 U.S.C. 3796ii) is amended--</DELETED>
        <DELETED>    (1) in paragraph (1) at the end, by striking 
        ``and'';</DELETED>
        <DELETED>    (2) in paragraph (2) at the end, by striking the 
        period and adding ``; and''; and</DELETED>
        <DELETED>    (3) by adding at the end the following new 
        paragraphs:</DELETED>
        <DELETED>    ``(3) pretrial services and related treatment 
        programs for offenders with mental illnesses; and</DELETED>
        <DELETED>    ``(4) developing, implementing, or expanding 
        programs that are alternatives to incarceration for offenders 
        with mental illnesses.''.</DELETED>

<DELETED>SEC. 6. STUDY AND REPORT ON PREVALENCE OF MENTALLY ILL 
              OFFENDERS.</DELETED>

<DELETED>    (a) Study.--The Attorney General shall provide for a study 
of the following:</DELETED>
        <DELETED>    (1) The rate of occurrence of serious mental 
        illnesses in each of the following populations:</DELETED>
                <DELETED>    (A) Individuals, including juveniles, on 
                probation.</DELETED>
                <DELETED>    (B) Individuals, including juveniles, 
                incarcerated in a jail.</DELETED>
                <DELETED>    (C) Individuals, including juveniles, 
                incarcerated in a prison.</DELETED>
                <DELETED>    (D) Individuals, including juveniles, on 
                parole.</DELETED>
        <DELETED>    (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.</DELETED>
        <DELETED>    (3) For each such population, with respect to a 
        year, the percentage of individuals with serious mental 
        illnesses who--</DELETED>
                <DELETED>    (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</DELETED>
                <DELETED>    (B) were homeless (as so defined) during 
                any period in the previous year.</DELETED>
<DELETED>    (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).</DELETED>
<DELETED>    (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.</DELETED>
<DELETED>    (d) Authorization of Appropriations.--There are authorized 
to be appropriated to carry out this section $2,000,000 for 
2008.</DELETED>

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. Improving the mental health courts grant program.
Sec. 6. 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. 3793aa(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) $75,000,000 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; 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 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.

    (a) In General.--Part HH of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is 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 suicide risk and 
        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 intervention 
        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, including suicide 
prevention.
    ``(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 2009 through 2014.''.
    (b) Conforming Amendment.--Such part is further amended by amending 
the part heading to read as follows: ``grants to improve treatment of 
offenders with mental illnesses''.

SEC. 5. 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 2009 
through 2014''.
    (b) Additional Grant Uses Authorized.--Section 2201 of such title 
(42 U.S.C. 3796ii) is amended--
            (1) in paragraph (1), by striking ``and'' at the end;
            (2) in paragraph (2) by striking the period at the end 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. 6. 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.
                                                       Calendar No. 622

110th CONGRESS

  2d Session

                                S. 2304

_______________________________________________________________________

                                 A BILL

 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.

_______________________________________________________________________

               April 1 (legislative day, March 13), 2008

                       Reported with an amendment