I 111th CONGRESS 1st Session H. R. 1931 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.
1.
Short title
This Act may be cited as the Juvenile Crime Reduction Act.
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: F
Reducing crime and promoting rehabilitation by improving identification of and services for juveniles with mental health or substance abuse disorders.
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.
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%.
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.
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. .
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.
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:
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.
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.
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.