1.Short title; table of
contents
(a)This Act may be cited
as the Mentally Ill Offender Treatment
and Crime Reduction Reauthorization and Improvement Act of
2007
.
(b)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. Study and report on prevalence
of mentally ill offenders.
2.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.
3.Reauthorization
of the Adult and Juvenile Collaboration Program Grants
(a)Authorization of
appropriations through 2013Section 2991(h) of title I of the Omnibus
Crime Control and Safe Streets Act of 1968 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 2008 through
2013.
.
(b)Allocation of
funding for administrative purposesSection 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 purposesFor 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)Additional
applications receiving prioritySubsection (c) of such section is
amended to read as follows:
(c)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.
.
4.Law enforcement
response to mentally ill offenders improvement grants
(a)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:
2992.Law
enforcement response to mentally ill offenders improvement grants
(a)The
Attorney General is authorized to make grants to States, units of local
government, Indian tribes, and tribal organizations for the following
purposes:
(1)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)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)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)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 trainingTo 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)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)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
appropriationsThere 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.
.
(b)Such part is further amended by amending the part
heading to read as follows: Grants to improve treatment of offenders with mental
illnesses
.
5.Improving the
mental health courts grant program
(a)Reauthorization
of the mental health courts grant programSection 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
.
(b)Additional grant
uses authorizedSection 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 adding ; and
; 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.
.
6.Study and report
on prevalence of mentally ill offenders
(a)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)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 illnessFor 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
appropriationsThere are
authorized to be appropriated to carry out this section $2,000,000 for
2008.
1.Short title; table of
contents
(a)This Act may be cited
as the Mentally Ill Offender Treatment
and Crime Reduction Reauthorization and Improvement Act of
2008
.
(b)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.
2.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.
3.Reauthorization of the
Adult and Juvenile Collaboration Program Grants
(a)Authorization of
appropriations through 2014Section 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 purposesSection 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 purposesFor 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 prioritySubsection (c) of such section is amended to
read as follows:
(c)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.
.
4.Law enforcement response
to mentally ill offenders improvement grants
(a)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:
2992.Law enforcement
response to mentally ill offenders improvement grants
(a)The
Attorney General is authorized to make grants to States, units of local
government, Indian tribes, and tribal organizations for the following
purposes:
(1)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)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)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)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 trainingTo 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)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)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
appropriationsThere 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)Such part is further amended by amending the part
heading to read as follows: Grants to improve treatment of offenders with mental
illnesses
.
5.Improving the mental
health courts grant program
(a)Reauthorization of the
mental health courts grant programSection 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
authorizedSection 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.
.
6.Examination and report
on prevalence of mentally ill offenders
(a)
(1)The Attorney General shall examine and report on mental
illness and the criminal justice system.
(2)Congress
encourages the Attorney General to specifically examine the following:
(A)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)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)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)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
appropriationsThere are
authorized to be appropriated to carry out this section $2,000,000 for
2009.
April 1 (legislative day, March 13), 2008
Reported with an amendment