[Congressional Bills 111th Congress]
[From the U.S. Government Publishing Office]
[H.R. 1931 Introduced in House (IH)]
111th CONGRESS
1st Session
H. R. 1931
To improve the treatment of juveniles with mental health or substance
abuse disorders by establishing new grant programs for increased
training, technical assistance, and coordination of service providers,
and for other purposes.
_______________________________________________________________________
IN THE HOUSE OF REPRESENTATIVES
April 2, 2009
Mr. Kennedy (for himself, Mr. Stark, and Ms. DeLauro) introduced the
following bill; which was referred to the Committee on Education and
Labor, and in addition to the Committee on Energy and Commerce, for a
period to be subsequently determined by the Speaker, in each case for
consideration of such provisions as fall within the jurisdiction of the
committee concerned
_______________________________________________________________________
A BILL
To improve the treatment of juveniles with mental health or substance
abuse disorders by establishing new grant programs for increased
training, technical assistance, and coordination of service providers,
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.
This Act may be cited as the ``Juvenile Crime Reduction Act''.
SEC. 2. REDUCING CRIME AND PROMOTING REHABILITATION BY PROVIDING GRANTS
TO IMPROVE IDENTIFICATION OF AND SERVICES FOR JUVENILES
WITH MENTAL HEALTH OR SUBSTANCE ABUSE DISORDERS.
(a) In General.--Title II of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended--
(1) by redesignating part F as part G; and
(2) by inserting after part E the following new part:
``PART F--REDUCING CRIME AND PROMOTING REHABILITATION BY IMPROVING
IDENTIFICATION OF AND SERVICES FOR JUVENILES WITH MENTAL HEALTH OR
SUBSTANCE ABUSE DISORDERS.
``SEC. 270. TRAINING GRANTS TO INCREASE DIVERSION OF JUVENILES WITH
MENTAL HEALTH OR SUBSTANCE ABUSE DISORDERS INTO HOME- OR
COMMUNITY-BASED CARE.
``(a) Establishing Grant Program.--The Administrator may award
grants for the purposes described in subsection (b) to a public agency
who complies with the eligibility requirements described in subsection
(c).
``(b) Purpose.--
``(1) Use of funds.--The recipient of a grant awarded under
this section shall use the funds to provide training, in
conjunction with the public or private agency that provides
mental health services, to individuals involved in making
decisions regarding the disposition of cases involving youth
who enter the juvenile justice system, including any of the
following categories of individuals:
``(A) Juvenile justice intake personnel.
``(B) Law enforcement personnel.
``(C) Prosecutors.
``(D) Juvenile court judges.
``(E) Public defenders.
``(F) Mental health service providers and
administrators.
``(G) Substance abuse disorder service providers
and administrators.
``(H) Probation officers.
``(I) Parents or parent advocates.
``(2) Focus of training.--Training provided through a grant
awarded under this section shall focus on the following:
``(A) The availability of standardized, validated,
age-appropriate, and culturally competent screening and
assessment tools and the effective use of such tools to
divert juveniles from secure confinement into home-
based and community-based care.
``(B) The purpose, benefits, and availability of
home-based and community-based mental health or
substance abuse treatment programs available to
juveniles within the jurisdiction of the grantee.
``(C) Public and private programs available to
juveniles to pay for home-based and community-based
mental health or substance abuse treatment programs.
``(D) The appropriate use of effective home-based
and community-based alternatives to juvenile justice or
mental health system institutional placements.
``(c) Eligibility Requirements.--In order to be eligible to receive
a grant under this section, a public agency shall prepare and submit an
application, at such time and in such form as the Administrator may
require, that includes the following:
``(1) An assurance that the agency will work with public or
private entities in the area to administer the training funded
under this section to ensure that such training is
comprehensive, constructive, linguistically and culturally
competent, and of a high quality.
``(2) An assurance that the agency--
``(A) is committed to a goal of increasing the
diversion of juveniles coming under its jurisdiction
into appropriate home-based or community-based care
when the interest of the juvenile and public safety
allow;
``(B) intends to utilize the grant provided under
this section to further such goal; and
``(C) has a plan to demonstrate, using appropriate
benchmarks, the agency's progress in meeting such goal.
``(3) An assurance that not less than 25 percent of the
total cost of the training conducted with the grant will be
contributed by non-Federal sources.
``SEC. 271. ENCOURAGING COMPREHENSIVE COLLABORATIONS TO ADDRESS MENTAL
HEALTH OR SUBSTANCE ABUSE DISORDERS AMONG AT-RISK
JUVENILES.
``(a) Grant To Develop Comprehensive Collaborative Plan.--
``(1) In general.--The Administrator, in consultation with
the Administrator of the Substance Abuse and Mental Health
Services Administration, may award a 1-year grant to an
eligible public agency to develop a comprehensive collaborative
plan (as described in paragraph (2)) to address the service
needs of juveniles with mental health or substance abuse
disorders who come into contact with the justice system or who
are at risk of coming into contact with the justice system.
``(2) Plan described.--The plan referred to in paragraph
(1) shall be a plan that--
``(A) revises and improves the current delivery of
intensive home-based and community-based services to
juveniles who have been in contact with or who are at
risk of coming into contact with the justice system;
``(B) determines how the service needs of juveniles
with mental health or substance abuse disorders who
come into contact with the juvenile justice system will
be furnished from the initial detention stage until
after discharge in order for these juveniles to avoid
further contact with the justice system;
``(C) demonstrates that the public agency has
entered into appropriate agreements with all entities
responsible for providing services under the plan, such
as the public agency charged with administering
juvenile justice programs, the public agency charged
with providing mental health services, the public
agency charged with providing substance abuse treatment
services, the State or local educational agency, the
State or local child welfare system, and private
nonprofit community-based organizations;
``(D) ensures that the State has in effect any laws
necessary for services to be delivered in accordance
with the plan;
``(E) establishes a network of individuals (or
incorporates an existing network) to provide
coordination between mental health service providers,
substance abuse service providers, probation and parole
officers, judges, corrections personnel, law
enforcement personnel, State and local educational
agency personnel, parents and families, and other
appropriate parties regarding effective treatment of
juveniles with mental health or substance abuse
disorders;
``(F) provides for cross-system training among law
enforcement personnel, corrections personnel, State and
local educational agency personnel, mental health
service providers, and substance abuse service
providers to enhance collaboration among systems;
``(G) provides for coordinated and effective
aftercare programs for juveniles who have been
diagnosed with a mental health or substance abuse
disorder and who are discharged from home-based care,
community-based care, any other treatment program,
secure detention facilities, secure correctional
facilities, or jail;
``(H) provides for the purchase of technical
assistance to support the implementation of the plan;
``(I) estimates the costs of implementing the plan
and proposes funding sources sufficient to meet the
non-federal funding requirements for implementation of
the plan under subsection (b);
``(J) describes the methodology to be used to
identify juveniles at risk of coming into contact with
the juvenile justice system;
``(K) provides assurances that all training and
services provided under the plan will be culturally and
linguistically competent; and
``(L) describes the outcome measures and benchmarks
that will be used to evaluate the progress and
effectiveness of the plan.
``(3) Eligibility requirements.--In order to be eligible to
receive a grant under this subsection, a public agency shall
prepare and submit an application at such time, in such form,
and with such information as the Administrator may require to
demonstrate--
``(A) the ability of the agency to develop and
implement the comprehensive plan, including the support
of necessary collaborative partners; and
``(B) that the agency has implemented a procedure
to ensure that, upon the release of a juvenile from a
secure facility, the juvenile will be eligible to
participate in those government programs in which the
juvenile would be eligible to participate but for the
juvenile's detention in a secure facility (except to
the extent prohibited under Federal law).
``(b) Grant To Implement Comprehensive Plan.--
``(1) In general.--The Administrator shall award a grant
payable over 4 years to an eligible public agency to implement
the plan developed under subsection (a).
``(2) Eligibility requirements.--A public agency receiving
a grant under subsection (a) automatically shall be eligible to
receive a grant under this subsection if it submits to the
Administrator--
``(A) a copy of the plan developed under subsection
(a) that meets the requirements of subsection (a)(2);
``(B) an assurance that the agency will report
annually to the Administrator on--
``(i) the progress of implementation of the
plan using the outcome measures and benchmarks
described in the plan (as required by
subsection (a)(2)(L)), and
``(ii) any amendments that the agency
proposes to make to the plan; and
``(C) an assurance that the agency will meet the
requirements of paragraph (3) for each fiscal year of
funding.
``(3) Non-federal share of costs to implement plan
defined.--For each fiscal year of funding, the public agency
shall be required to contribute the following percentages of
the plan's estimated implementation costs using non-Federal
sources:
``(A) During the first fiscal year of funding to
implement the plan, 25%.
``(B) During the second fiscal year of funding to
implement the plan, 40%.
``(C) During the third fiscal year of funding to
implement the plan, 60%.
``(D) During the fourth fiscal year of funding to
implement the plan, 75%.
``SEC. 272. CREATING REGIONAL TECHNICAL ASSISTANCE CENTERS.
``(a) In General.--The Administrator may award grants for the
establishment of 4 regional research, training, and technical
assistance centers to carry out the following activities within
geographic regions specified by the Administrator:
``(1) Provide training on the provision of state-of-the-art
mental health and substance abuse disorder services in
custodial and non-custodial juvenile justice-related settings
(including post-release services) and on how to engage in
successful collaborations between mental health or substance
abuse disorder service providers and juvenile justice systems
to--
``(A) public policymakers;
``(B) juvenile justice intake personnel;
``(C) law enforcement personnel;
``(D) prosecutors;
``(E) juvenile court judges;
``(F) public defenders;
``(G) mental health service providers and
administrators;
``(H) substance abuse disorder service providers
and administrators; and
``(I) parents or parent advocates.
``(2) Provide direct technical assistance, including
assistance provided through toll-free telephone numbers, on
methods to improve the provision of services for juveniles with
mental health or substance abuse disorders, including
information on--
``(A) what types of mental health or substance
abuse service approaches are effective within the
juvenile justice system; and
``(B) how home- and community-based mental health
or substance abuse services are often more effective in
reducing recidivism and promoting rehabilitation than
secure confinement (including information on relevant
regional, ethnic, and gender-related considerations)
and how such services can be improved to be more
effective.
``(3) Provide information, training, and technical
assistance to public agency officials to enhance the capacity
of such officials to provide appropriate services relating to
mental health or substance abuse disorders among juveniles.
``(b) Eligibility.--In order to receive grants under this section,
an entity shall--
``(1) be either a public agency or a not-for-profit private
entity; and
``(2) prepare and submit an application at such time, in
such form, and with such information and assurances as the
Administrator may require to demonstrate the ability of the
entity to deliver the services described in subsection (a)
within the particular geographic region in which the entity is
located.
``(c) Authorization of Appropriations.--There is authorized to be
appropriated $4,000,000 for fiscal year 2010 and each succeeding fiscal
year for grants under this section.
``SEC. 273. ENCOURAGING AND SUPPORTING REFORMS IN MENTAL HEALTH AND
SUBSTANCE ABUSE POLICIES.
``(a) Establishing Grant Program.--The Administrator shall award a
grant to an eligible public agency to hire or contract with one or more
mental health professionals or a public or private organization with
particular expertise in the area of mental health or substance abuse
disorders among juveniles who come into contact with the juvenile
justice system to assist the agency in reforming its mental health and
substance abuse policies with respect to such juveniles.
``(b) Limitations.--
``(1) Duration.--A public agency shall use a grant awarded
under this section to hire (or contract with) on a temporary
basis not to exceed 3 years an individual or organization
described in subsection (a).
``(2) Maximum grant amount.--A grant awarded under this
section shall not exceed $300,000.
``(3) Number of grants per applicant.--A public agency
shall not receive more than 1 grant under this section.
``(c) Eligibility Requirements.--In order to be eligible to receive
a grant under this section, a public agency shall prepare and submit an
application, at such time and in such form as the Administrator may
require, that includes the following:
``(1) A description of the intended use of the grant.
``(2) An assurance that the grant is necessary for the
agency to affect a lasting improvement in the agency's
practices and procedures related to juveniles with mental
health or substance abuse disorders coming under its
jurisdiction.
``(3) An assurance that the agency will expend funds
received under this section to supplement and not supplant
other funds available to the agency for the purpose of
reforming its mental health and substance abuse policies with
respect to juveniles who come into contact with the juvenile
justice system.
``(4) An assurance that not less than 25 percent of the
total cost of hiring an individual or organization described in
subsection (a) will be contributed by non-Federal sources.
``(d) Authorization of Appropriations.--There is authorized to be
appropriated $5,000,000 for fiscal year 2010 and each succeeding fiscal
year for grants under this section.''.
(b) General Authorization of Appropriations.--Section 299 of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5671) is amended--
(1) in subsection (a)--
(A) in the heading, by striking ``C and E'' and
inserting ``C, E, and F'', and
(B) by striking ``C and E'' and inserting ``C, E,
and F'';
(2) by redesignating subsection (d) as subsection (e); and
(3) by inserting after subsection (c) the following new
subsection:
``(d) Authorization of Appropriations for Part F.--There are
authorized to be appropriated to carry out part F such sums as may be
necessary for fiscal year 2010 and each succeeding fiscal year, subject
to the applicable limitations of such part.''.
SEC. 3. ENCOURAGING STATES TO IMPROVE SCREENING AND ASSESSMENT
TECHNIQUES FOR JUVENILES WITH MENTAL HEALTH OR SUBSTANCE
ABUSE DISORDERS.
(a) Additional Requirement for State Plans.--Section 223(a) of the
Juvenile Justice and Delinquency Prevention Act of 1974 (42 U.S.C.
5633(a)) is amended--
(1) in paragraph (27), by striking ``; and'' and inserting
a semicolon;
(2) in paragraph (28), by striking the period at the end
and inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(29) describe the State's efforts to implement an
evidence-based mental health and substance abuse disorder
screening and assessment program for all juveniles held in a
secure facility for a period of more than 24 hours that
provides for one or more initial screenings and, if a
juvenile's initial screening demonstrates a need, further
assessment; and
``(30) describe the State's method for providing or
arranging for mental health and substance abuse disorder
treatment for juveniles determined to be in need of such
treatment.''.
(b) Effective Date.--The amendments made by subsection (a) shall
apply to a plan or a plan's annual amendments (as described in section
223(a) of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5633(a))) submitted at any time after the expiration of the
45-day period which begins on the date of enactment of this Act.
SEC. 4. ESTABLISHING EVIDENCE-BASED PRACTICE BONUSES.
(a) In General.--Title V of the Juvenile Justice and Delinquency
Prevention Act of 1974 (42 U.S.C. 5781 et seq.) is amended--
(1) by redesignating section 505 as section 506; and
(2) by inserting after section 504 the following new
section:
``SEC. 505. USE OF APPROPRIATIONS EXCEEDING $110,000,000 FOR EVIDENCE-
BASED PRACTICE BONUSES.
``(a) Availability of Bonuses.--If the total sums appropriated in a
fiscal year under section 506 exceed $110,000,000, the Administrator
shall distribute those sums exceeding $110,000,000 as evidence-based
practice bonuses to recipients of grants under section 504 in that
fiscal year who meet the requirements of subsection (b).
``(b) Requirements.--In order to be eligible to receive an
evidence-based practice bonus, the recipient of a grant under section
504 shall prepare and submit an application, at such time, in such
form, and with such information as the Administrator may require, that
includes--
``(1) a commitment to expend an amount, specified in the
application, of the grant received under section 504 on
evidence-based practices for the treatment of mental health or
substance abuse disorders of juveniles within the jurisdiction;
``(2) a request for an evidence-based practice bonus in an
amount not to exceed 33 percent of the amount specified in
paragraph (1) to support specific evidence-based practices for
the treatment of mental health or substance abuse disorders of
juveniles within the jurisdiction; and
``(3) a detailed description of the specific evidence-based
practices that will be carried out with the bonus.
``(c) Competitively Awarded Bonuses.--The Administrator shall award
evidence-based practice bonuses under this section on a competitive
basis.
``(d) Amount of Bonuses.--The Administrator shall determine the
amount of each evidence-based practice bonus on a competitive basis
among the other recipients of bonuses, except that the bonus awarded to
any bonus recipient may not exceed the amount requested in the
recipient's application under subsection (b)(2).
``(e) Carry Over.--Amounts appropriated pursuant to the
authorization in section 506 in a fiscal year that are available for
distribution as evidence-based practice bonuses under this section
shall remain available for distribution until the end of the succeeding
fiscal year.''.
(b) Effective Date.--The amendments made by subsection (a) shall
take effect beginning with fiscal year 2010.
SEC. 5. IMPROVING INFORMATION ABOUT PREVALENCE OF MENTAL HEALTH AND
SUBSTANCE ABUSE DISORDERS IN JUVENILE JUSTICE SYSTEM.
(a) Including Mental Health and Substance Abuse Disorder
Information in Required Annual Report.--
(1) In general.--Section 207(1) of the Juvenile Justice and
Delinquency Prevention Act of 1974 (42 U.S.C. 5617(1)) is
amended--
(A) in subparagraph (E), by striking ``; and'' and
inserting a semicolon;
(B) in subparagraph (F), by striking the period at
the end and inserting ``; and''; and
(C) by adding at the end the following new
subparagraph:
``(G) the prevalence of mental health disorders
among juveniles, including separate information on the
diagnoses of serious mental health disorders, substance
abuse disorders, and both such disorders.''.
(2) Effective date.--The amendments made by subsection (a)
shall take effect beginning with fiscal year 2010.
(b) Examination and Report on Evidence-Based Practices by
Coordinating Council on Juvenile Justice and Delinquency Prevention.--
(1) In general.--Section 206(c)(1) of such Act (42 U.S.C.
5616(c)(1)) is amended by adding at the end the following
sentence: ``The Council shall examine and report on evidence-
based practices for decreasing delinquency and recidivism among
juveniles with mental health or substance abuse disorders.''.
(2) Effective date.--The amendments made by paragraph (1)
shall apply to the first annual report under section 206(c)(1)
of the Juvenile Justice and Delinquency Prevention Act of 1974
(42 U.S.C. 5616(c)(1)) issued after the expiration of the 45-
day period which begins on the date of enactment of this Act
and to each succeeding annual report.
SEC. 6. DEDICATING EXCESS APPROPRIATIONS FOR JAIL DIVERSION PROGRAMS TO
PROGRAMS SPECIFICALLY TARGETING JUVENILES.
(a) Grants for Programs Targeting Juveniles for Diversion.--The
Secretary of Health and Human Services shall ensure that at least 25
percent of the grants awarded in a fiscal year under section 520G of
the Public Health Service Act (42 U.S.C. 290bb-38) are awarded to
programs specifically targeting juveniles for diversion.
(b) Minimum Appropriation Required.--Subsection (a) only shall
apply to a fiscal year in which the amount appropriated for grants
under section 520G of the Public Health Service Act (42 U.S.C. 290bb-
38) for that fiscal year exceeds the amount appropriated for such
grants in fiscal year 2009 by more than 50 percent.
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