[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 162 Reported in Senate (RS)]
Calendar No. 92
113th CONGRESS
1st Session
S. 162
To reauthorize and improve the Mentally Ill Offender Treatment and
Crime Reduction Act of 2004.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 28, 2013
Mr. Franken (for himself, Mr. Johanns, Mr. Leahy, Mr. Graham, Mr.
Durbin, Ms. Ayotte, Mr. Coons, Mr. Hatch, Mr. Blunt, Ms. Collins, Mr.
Portman, Mrs. Shaheen, Mr. Wyden, Mrs. Gillibrand, Mr. Brown, Ms.
Warren, Mr. Reed, Mr. Schumer, Mrs. Boxer, Mr. Begich, Mr. Heller, Ms.
Klobuchar, Mr. Blumenthal, Mr. Schatz, Mr. Whitehouse, Mr. Grassley,
Mr. Moran, Mr. Roberts, Mr. Crapo, Mr. Murphy, and Mr. Enzi) introduced
the following bill; which was read twice and referred to the Committee
on the Judiciary
June 20, 2013
Reported by Mr. Leahy, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
To reauthorize and improve the Mentally Ill Offender Treatment and
Crime Reduction Act of 2004.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``Justice and Mental Health
Collaboration Act of 2013''.</DELETED>
<DELETED>SEC. 2. ASSISTING VETERANS.</DELETED>
<DELETED> (a) Redesignation.--Section 2991 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by
redesignating subsection (i) as subsection (l).</DELETED>
<DELETED> (b) Assisting Veterans.--Section 2991 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by
inserting after subsection (h) the following:</DELETED>
<DELETED> ``(i) Assisting Veterans.--</DELETED>
<DELETED> ``(1) Definitions.--In this subsection:</DELETED>
<DELETED> ``(A) Peer to peer services or programs.--
The term `peer to peer services or programs' means
services or programs that connect qualified veterans
with other veterans for the purpose of providing
support and mentorship to assist qualified veterans in
obtaining treatment, recovery, stabilization, or
rehabilitation.</DELETED>
<DELETED> ``(B) Qualified veteran.--The term
`qualified veteran' means a preliminarily qualified
offender who--</DELETED>
<DELETED> ``(i) has served on active duty in
any branch of the Armed Forces, including the
National Guard and reserve components;
and</DELETED>
<DELETED> ``(ii) was discharged or released
from such service under conditions other than
dishonorable.</DELETED>
<DELETED> ``(C) Veterans treatment court program.--
The term `veterans treatment court program' means a
court program involving collaboration among criminal
justice, veterans, and mental health and substance
abuse agencies that provides qualified veterans with--
</DELETED>
<DELETED> ``(i) intensive judicial
supervision and case management, which may
include random and frequent drug testing where
appropriate;</DELETED>
<DELETED> ``(ii) a full continuum of
treatment services, including mental health
services, substance abuse services, medical
services, and services to address
trauma;</DELETED>
<DELETED> ``(iii) alternatives to
incarceration; and</DELETED>
<DELETED> ``(iv) other appropriate services,
including housing, transportation, mentoring,
employment, job training, education, and
assistance in applying for and obtaining
available benefits.</DELETED>
<DELETED> ``(2) Veterans assistance program.--</DELETED>
<DELETED> ``(A) In general.--The Attorney General,
in consultation with the Secretary of Veterans Affairs,
may award grants under this subsection to applicants to
establish or expand--</DELETED>
<DELETED> ``(i) veterans treatment court
programs;</DELETED>
<DELETED> ``(ii) peer to peer services or
programs for qualified veterans;</DELETED>
<DELETED> ``(iii) practices that identify
and provide treatment, rehabilitation, legal,
transitional, and other appropriate services to
qualified veterans who have been incarcerated;
and</DELETED>
<DELETED> ``(iv) training programs to teach
criminal justice, law enforcement, corrections,
mental health, and substance abuse personnel
how to identify and appropriately respond to
incidents involving qualified
veterans.</DELETED>
<DELETED> ``(B) Priority.--In awarding grants under
this subsection, the Attorney General shall give
priority to applications that--</DELETED>
<DELETED> ``(i) demonstrate collaboration
between and joint investments by criminal
justice, mental health, substance abuse, and
veterans service agencies;</DELETED>
<DELETED> ``(ii) promote effective
strategies to identify and reduce the risk of
harm to qualified veterans and public safety;
and</DELETED>
<DELETED> ``(iii) propose interventions with
empirical support to improve outcomes for
qualified veterans.''.</DELETED>
<DELETED>SEC. 3. CORRECTIONAL FACILITIES.</DELETED>
<DELETED> Section 2991 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797aa) is amended by inserting after subsection
(i), as so added by section 2, the following:</DELETED>
<DELETED> ``(j) Correctional Facilities.--</DELETED>
<DELETED> ``(1) Definitions.--</DELETED>
<DELETED> ``(A) Correctional facility.--The term
`correctional facility' means a jail, prison, or other
detention facility used to house people who have been
arrested, detained, held, or convicted by a criminal
justice agency or a court.</DELETED>
<DELETED> ``(B) Eligible inmate.--The term `eligible
inmate' means an individual who--</DELETED>
<DELETED> ``(i) is being held, detained, or
incarcerated in a correctional facility;
and</DELETED>
<DELETED> ``(ii) manifests obvious signs of
a mental illness or has been diagnosed by a
qualified mental health professional as having
a mental illness.</DELETED>
<DELETED> ``(2) Correctional facility grants.--The Attorney
General may award grants to applicants to enhance the
capabilities of a correctional facility--</DELETED>
<DELETED> ``(A) to identify and screen for eligible
inmates;</DELETED>
<DELETED> ``(B) to plan and provide--</DELETED>
<DELETED> ``(i) initial and periodic
assessments of the clinical, medical, and
social needs of inmates; and</DELETED>
<DELETED> ``(ii) appropriate treatment and
services that address the mental health and
substance abuse needs of inmates;</DELETED>
<DELETED> ``(C) to develop, implement, and enhance--
</DELETED>
<DELETED> ``(i) post-release transition
plans for eligible inmates that, in a
comprehensive manner, coordinate health,
housing, medical, employment, and other
appropriate services and public
benefits;</DELETED>
<DELETED> ``(ii) the availability of mental
health care services and substance abuse
treatment services; and</DELETED>
<DELETED> ``(iii) alternatives to solitary
confinement and segregated housing and mental
health screening and treatment for inmates
placed in solitary confinement or segregated
housing; and</DELETED>
<DELETED> ``(D) to train each employee of the
correctional facility to identify and appropriately
respond to incidents involving inmates with mental
health or co-occuring mental health and substance abuse
disorders.''.</DELETED>
<DELETED>SEC. 4. HIGH UTILIZERS.</DELETED>
<DELETED> Section 2991 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797aa) is amended by inserting after subsection
(j), as added by section 3, the following:</DELETED>
<DELETED> ``(k) Demonstration Grants Responding to High Utilizers.--
</DELETED>
<DELETED> ``(1) Definition.--In this subsection, the term
`high utilizer' means an individual who--</DELETED>
<DELETED> ``(A) manifests obvious signs of mental
illness or has been diagnosed by a qualified mental
health professional as having a mental illness;
and</DELETED>
<DELETED> ``(B) consumes a significantly
disproportionate quantity of public resources, such as
emergency, housing, judicial, corrections, and law
enforcement services.</DELETED>
<DELETED> ``(2) Demonstration grants responding to high
utilizers.--</DELETED>
<DELETED> ``(A) In general.--The Attorney General
may award not more than 6 grants per year under this
subsection to applicants for the purpose of reducing
the use of public services by high utilizers.</DELETED>
<DELETED> ``(B) Use of grants.--A recipient of a
grant awarded under this subsection may use the grant--
</DELETED>
<DELETED> ``(i) to develop or support
multidisciplinary teams that coordinate,
implement, and administer community-based
crisis responses and long-term plans for high
utilizers;</DELETED>
<DELETED> ``(ii) to provide training on how
to respond appropriately to the unique issues
involving high utilizers for public service
personnel, including criminal justice, mental
health, substance abuse, emergency room,
healthcare, law enforcement, corrections, and
housing personnel;</DELETED>
<DELETED> ``(iii) to develop or support
alternatives to hospital and jail admissions
for high utilizers that provide treatment,
stabilization, and other appropriate supports
in the least restrictive, yet appropriate,
environment; or</DELETED>
<DELETED> ``(iv) to develop protocols and
systems among law enforcement, mental health,
substance abuse, housing, corrections, and
emergency medical service operations to provide
coordinated assistance to high
utilizers.</DELETED>
<DELETED> ``(C) Report.--Not later than the last day
of the first year following the fiscal year in which a
grant is awarded under this subsection, the recipient
of the grant shall submit to the Attorney General a
report that--</DELETED>
<DELETED> ``(i) measures the performance of
the grant recipient in reducing the use of
public services by high utilizers;
and</DELETED>
<DELETED> ``(ii) provides a model set of
practices, systems, or procedures that other
jurisdictions can adopt to reduce the use of
public services by high utilizers.''.</DELETED>
<DELETED>SEC. 5. ACADEMY TRAINING.</DELETED>
<DELETED> Section 2991(h) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797aa(h)) is amended--</DELETED>
<DELETED> (1) in paragraph (1), by adding at the end the
following:</DELETED>
<DELETED> ``(F) Academy training.--To provide
support for academy curricula, law enforcement officer
orientation programs, continuing education training,
and other programs that teach law enforcement personnel
how to identify and respond to incidents involving
persons with mental health disorders or co-occuring
mental health and substance abuse disorders.'';
and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(4) Priority consideration.--The Attorney
General, in awarding grants under this subsection, shall give
priority to programs that law enforcement personnel and members
of the mental health and substance abuse professions develop
and administer cooperatively.''.</DELETED>
<DELETED>SEC. 6. EVIDENCE BASED PRACTICES.</DELETED>
<DELETED> Section 2991(c) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797aa(c)) is amended--</DELETED>
<DELETED> (1) in paragraph (3), by striking ``or'' at the
end;</DELETED>
<DELETED> (2) by redesignating paragraph (4) as paragraph
(6); and</DELETED>
<DELETED> (3) by inserting after paragraph (3), the
following:</DELETED>
<DELETED> ``(4) propose interventions that have been shown
by empirical evidence to reduce recidivism;</DELETED>
<DELETED> ``(5) when appropriate, use validated assessment
tools to target preliminarily qualified offenders with a
moderate or high risk of recidivism and a need for treatment
and services; or''.</DELETED>
<DELETED>SEC. 7. SAFE COMMUNITIES.</DELETED>
<DELETED> (a) In General.--Section 2991(a) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa(a)) is amended--
</DELETED>
<DELETED> (1) in paragraph (7)--</DELETED>
<DELETED> (A) in the heading, by striking ``Mental
illness'' and inserting ``Mental illness; mental health
disorder''; and</DELETED>
<DELETED> (B) by striking ``term `mental illness'
means'' and inserting ``terms `mental illness' and
`mental health disorder' mean''; and</DELETED>
<DELETED> (2) by striking paragraph (9) and inserting the
following:</DELETED>
<DELETED> ``(9) Preliminarily qualified offender.--
</DELETED>
<DELETED> ``(A) In general.--The term `preliminarily
qualified offender' means an adult or juvenile accused
of an offense who--</DELETED>
<DELETED> ``(i)(I) previously or currently
has been diagnosed by a qualified mental health
professional as having a mental illness or co-
occurring mental illness and substance abuse
disorders;</DELETED>
<DELETED> ``(II) manifests obvious signs of
mental illness or co-occurring mental illness
and substance abuse disorders during arrest or
confinement or before any court; or</DELETED>
<DELETED> ``(III) in the case of a veterans
treatment court provided under subsection (i),
has been diagnosed with, or manifests obvious
signs of, mental illness or a substance abuse
disorder or co-occuring mental illness and
substance abuse disorder; and</DELETED>
<DELETED> ``(ii) has been unanimously
approved for participation in a program funded
under this section by, when appropriate, the
relevant--</DELETED>
<DELETED> ``(I) prosecuting
attorney;</DELETED>
<DELETED> ``(II) defense
attorney;</DELETED>
<DELETED> ``(III) probation or
corrections official;</DELETED>
<DELETED> ``(IV) judge;
and</DELETED>
<DELETED> ``(V) a representative
from the relevant mental health agency
described in subsection
(b)(5)(B)(i).</DELETED>
<DELETED> ``(B) Determination.--In determining
whether to designate a defendant as a preliminarily
qualified offender, the relevant prosecuting attorney,
defense attorney, probation or corrections official,
judge, and mental health or substance abuse agency
representative shall take into account--</DELETED>
<DELETED> ``(i) whether the participation of
the defendant in the program would pose a
substantial risk of violence to the
community;</DELETED>
<DELETED> ``(ii) the criminal history of the
defendant and the nature and severity of the
offense for which the defendant is
charged;</DELETED>
<DELETED> ``(iii) the views of any relevant
victims to the offense;</DELETED>
<DELETED> ``(iv) the extent to which the
defendant would benefit from participation in
the program;</DELETED>
<DELETED> ``(v) the extent to which the
community would realize cost savings because of
the defendant's participation in the program;
and</DELETED>
<DELETED> ``(vi) whether the defendant
satisfies the eligibility criteria for program
participation unanimously established by the
relevant prosecuting attorney, defense
attorney, probation or corrections official,
judge and mental health or substance abuse
agency representative.''.</DELETED>
<DELETED> (b) Technical and Conforming Amendment.--Section 2927(2)
of the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797s-6(2)) is amended by striking ``has the meaning given that term in
section 2991(a).'' and inserting ``means an offense that--</DELETED>
<DELETED> ``(A) does not have as an element the use,
attempted use, or threatened use of physical force
against the person or property of another; or</DELETED>
<DELETED> ``(B) is not a felony that by its nature
involves a substantial risk that physical force against
the person or property of another may be used in the
course of committing the offense.''.</DELETED>
<DELETED>SEC. 8. REAUTHORIZATION OF APPROPRIATIONS.</DELETED>
<DELETED> Subsection (l) of section 2991 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa), as
redesignated in section 2(a), is amended--</DELETED>
<DELETED> (1) in paragraph (1)--</DELETED>
<DELETED> (A) in subparagraph (B), by striking
``and'' at the end;</DELETED>
<DELETED> (B) in subparagraph (C), by striking the
period and inserting ``; and''; and</DELETED>
<DELETED> (C) by adding at the end the
following:</DELETED>
<DELETED> ``(D) $40,000,000 for each of fiscal years
2015 through 2019.''; and</DELETED>
<DELETED> (2) by adding at the end the following:</DELETED>
<DELETED> ``(3) Limitation.--Not more than 20 percent of the
funds authorized to be appropriated under this section may be
used for purposes described in subsection (i) (relating to
veterans).''.</DELETED>
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice and Mental Health
Collaboration Act of 2013''.
SEC. 2. ASSISTING VETERANS.
(a) Redesignation.--Section 2991 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by redesignating
subsection (i) as subsection (n).
(b) Assisting Veterans.--Section 2991 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by inserting
after subsection (h) the following:
``(i) Assisting Veterans.--
``(1) Definitions.--In this subsection:
``(A) Peer to peer services or programs.--The term
`peer to peer services or programs' means services or
programs that connect qualified veterans with other
veterans for the purpose of providing support and
mentorship to assist qualified veterans in obtaining
treatment, recovery, stabilization, or rehabilitation.
``(B) Qualified veteran.--The term `qualified
veteran' means a preliminarily qualified offender who--
``(i) has served on active duty in any
branch of the Armed Forces, including the
National Guard and reserve components; and
``(ii) was discharged or released from such
service under conditions other than
dishonorable.
``(C) Veterans treatment court program.--The term
`veterans treatment court program' means a court
program involving collaboration among criminal justice,
veterans, and mental health and substance abuse
agencies that provides qualified veterans with--
``(i) intensive judicial supervision and
case management, which may include random and
frequent drug testing where appropriate;
``(ii) a full continuum of treatment
services, including mental health services,
substance abuse services, medical services, and
services to address trauma;
``(iii) alternatives to incarceration; and
``(iv) other appropriate services,
including housing, transportation, mentoring,
employment, job training, education, and
assistance in applying for and obtaining
available benefits.
``(2) Veterans assistance program.--
``(A) In general.--The Attorney General, in
consultation with the Secretary of Veterans Affairs,
may award grants under this subsection to applicants to
establish or expand--
``(i) veterans treatment court programs;
``(ii) peer to peer services or programs
for qualified veterans;
``(iii) practices that identify and provide
treatment, rehabilitation, legal, transitional,
and other appropriate services to qualified
veterans who have been incarcerated; and
``(iv) training programs to teach criminal
justice, law enforcement, corrections, mental
health, and substance abuse personnel how to
identify and appropriately respond to incidents
involving qualified veterans.
``(B) Priority.--In awarding grants under this
subsection, the Attorney General shall give priority to
applications that--
``(i) demonstrate collaboration between and
joint investments by criminal justice, mental
health, substance abuse, and veterans service
agencies;
``(ii) promote effective strategies to
identify and reduce the risk of harm to
qualified veterans and public safety; and
``(iii) propose interventions with
empirical support to improve outcomes for
qualified veterans.''.
SEC. 3. CORRECTIONAL FACILITIES.
Section 2991 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797aa) is amended by inserting after subsection (i),
as so added by section 2, the following:
``(j) Correctional Facilities.--
``(1) Definitions.--
``(A) Correctional facility.--The term
`correctional facility' means a jail, prison, or other
detention facility used to house people who have been
arrested, detained, held, or convicted by a criminal
justice agency or a court.
``(B) Eligible inmate.--The term `eligible inmate'
means an individual who--
``(i) is being held, detained, or
incarcerated in a correctional facility; and
``(ii) manifests obvious signs of a mental
illness or has been diagnosed by a qualified
mental health professional as having a mental
illness.
``(2) Correctional facility grants.--The Attorney General
may award grants to applicants to enhance the capabilities of a
correctional facility--
``(A) to identify and screen for eligible inmates;
``(B) to plan and provide--
``(i) initial and periodic assessments of
the clinical, medical, and social needs of
inmates; and
``(ii) appropriate treatment and services
that address the mental health and substance
abuse needs of inmates;
``(C) to develop, implement, and enhance--
``(i) post-release transition plans for
eligible inmates that, in a comprehensive
manner, coordinate health, housing, medical,
employment, and other appropriate services and
public benefits;
``(ii) the availability of mental health
care services and substance abuse treatment
services; and
``(iii) alternatives to solitary
confinement and segregated housing and mental
health screening and treatment for inmates
placed in solitary confinement or segregated
housing; and
``(D) to train each employee of the correctional
facility to identify and appropriately respond to
incidents involving inmates with mental health or co-
occuring mental health and substance abuse
disorders.''.
SEC. 4. HIGH UTILIZERS.
Section 2991 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797aa) is amended by inserting after subsection (j),
as added by section 3, the following:
``(k) Demonstration Grants Responding to High Utilizers.--
``(1) Definition.--In this subsection, the term `high
utilizer' means an individual who--
``(A) manifests obvious signs of mental illness or
has been diagnosed by a qualified mental health
professional as having a mental illness; and
``(B) consumes a significantly disproportionate
quantity of public resources, such as emergency,
housing, judicial, corrections, and law enforcement
services.
``(2) Demonstration grants responding to high utilizers.--
``(A) In general.--The Attorney General may award
not more than 6 grants per year under this subsection
to applicants for the purpose of reducing the use of
public services by high utilizers.
``(B) Use of grants.--A recipient of a grant
awarded under this subsection may use the grant--
``(i) to develop or support
multidisciplinary teams that coordinate,
implement, and administer community-based
crisis responses and long-term plans for high
utilizers;
``(ii) to provide training on how to
respond appropriately to the unique issues
involving high utilizers for public service
personnel, including criminal justice, mental
health, substance abuse, emergency room,
healthcare, law enforcement, corrections, and
housing personnel;
``(iii) to develop or support alternatives
to hospital and jail admissions for high
utilizers that provide treatment,
stabilization, and other appropriate supports
in the least restrictive, yet appropriate,
environment; or
``(iv) to develop protocols and systems
among law enforcement, mental health, substance
abuse, housing, corrections, and emergency
medical service operations to provide
coordinated assistance to high utilizers.
``(C) Report.--Not later than the last day of the
first year following the fiscal year in which a grant
is awarded under this subsection, the recipient of the
grant shall submit to the Attorney General a report
that--
``(i) measures the performance of the grant
recipient in reducing the use of public
services by high utilizers; and
``(ii) provides a model set of practices,
systems, or procedures that other jurisdictions
can adopt to reduce the use of public services
by high utilizers.''.
SEC. 5. ACADEMY TRAINING.
Section 2991(h) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3797aa(h)) is amended--
(1) in paragraph (1), by adding at the end the following:
``(F) Academy training.--To provide support for
academy curricula, law enforcement officer orientation
programs, continuing education training, and other
programs that teach law enforcement personnel how to
identify and respond to incidents involving persons
with mental health disorders or co-occuring mental
health and substance abuse disorders.''; and
(2) by adding at the end the following:
``(4) Priority consideration.--The Attorney General, in
awarding grants under this subsection, shall give priority to
programs that law enforcement personnel and members of the
mental health and substance abuse professions develop and
administer cooperatively.''.
SEC. 6. EVIDENCE BASED PRACTICES.
Section 2991(c) of the Omnibus Crime Control and Safe Streets Act
of 1968 (42 U.S.C. 3797aa(c)) is amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) by redesignating paragraph (4) as paragraph (6); and
(3) by inserting after paragraph (3), the following:
``(4) propose interventions that have been shown by
empirical evidence to reduce recidivism;
``(5) when appropriate, use validated assessment tools to
target preliminarily qualified offenders with a moderate or
high risk of recidivism and a need for treatment and services;
or''.
SEC. 7. SAFE COMMUNITIES.
(a) In General.--Section 2991(a) of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797aa(a)) is amended--
(1) in paragraph (7)--
(A) in the heading, by striking ``Mental illness''
and inserting ``Mental illness; mental health
disorder''; and
(B) by striking ``term `mental illness' means'' and
inserting ``terms `mental illness' and `mental health
disorder' mean''; and
(2) by striking paragraph (9) and inserting the following:
``(9) Preliminarily qualified offender.--
``(A) In general.--The term `preliminarily
qualified offender' means an adult or juvenile accused
of an offense who--
``(i)(I) previously or currently has been
diagnosed by a qualified mental health
professional as having a mental illness or co-
occurring mental illness and substance abuse
disorders;
``(II) manifests obvious signs of mental
illness or co-occurring mental illness and
substance abuse disorders during arrest or
confinement or before any court; or
``(III) in the case of a veterans treatment
court provided under subsection (i), has been
diagnosed with, or manifests obvious signs of,
mental illness or a substance abuse disorder or
co-occuring mental illness and substance abuse
disorder; and
``(ii) has been unanimously approved for
participation in a program funded under this
section by, when appropriate, the relevant--
``(I) prosecuting attorney;
``(II) defense attorney;
``(III) probation or corrections
official;
``(IV) judge; and
``(V) a representative from the
relevant mental health agency described
in subsection (b)(5)(B)(i).
``(B) Determination.--In determining whether to
designate a defendant as a preliminarily qualified
offender, the relevant prosecuting attorney, defense
attorney, probation or corrections official, judge, and
mental health or substance abuse agency representative
shall take into account--
``(i) whether the participation of the
defendant in the program would pose a
substantial risk of violence to the community;
``(ii) the criminal history of the
defendant and the nature and severity of the
offense for which the defendant is charged;
``(iii) the views of any relevant victims
to the offense;
``(iv) the extent to which the defendant
would benefit from participation in the
program;
``(v) the extent to which the community
would realize cost savings because of the
defendant's participation in the program; and
``(vi) whether the defendant satisfies the
eligibility criteria for program participation
unanimously established by the relevant
prosecuting attorney, defense attorney,
probation or corrections official, judge and
mental health or substance abuse agency
representative.''.
(b) Technical and Conforming Amendment.--Section 2927(2) of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797s-
6(2)) is amended by striking ``has the meaning given that term in
section 2991(a).'' and inserting ``means an offense that--
``(A) does not have as an element the use,
attempted use, or threatened use of physical force
against the person or property of another; or
``(B) is not a felony that by its nature involves a
substantial risk that physical force against the person
or property of another may be used in the course of
committing the offense.''.
SEC. 8. GRANT ACCOUNTABILITY.
Section 2991 of the Omnibus Crime Control and Safe Streets Act of
1968 (42 U.S.C. 3797aa) is amended by inserting after subsection (k),
as so added by section 4, the following:
``(l) Accountability.--All grants awarded by the Attorney General
under this section shall be subject to the following accountability
provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term
`unresolved audit finding' means a finding in the final
audit report of the Inspector General of the Department
of Justice that the audited grantee has utilized grant
funds for an unauthorized expenditure or otherwise
unallowable cost that is not closed or resolved within
12 months from the date when the final audit report is
issued.
``(B) Audits.--Beginning in the first fiscal year
beginning after the date of enactment of this
subsection, and in each fiscal year thereafter, the
Inspector General of the Department of Justice shall
conduct audits of recipients of grants under this
section to prevent waste, fraud, and abuse of funds by
grantees. The Inspector General shall determine the
appropriate number of grantees to be audited each year.
``(C) Mandatory exclusion.--A recipient of grant
funds under this section that is found to have an
unresolved audit finding shall not be eligible to
receive grant funds under this section during the first
2 fiscal years beginning after the end of the 12-month
period described in subparagraph (A).
``(D) Priority.--In awarding grants under this
section, the Attorney General shall give priority to
eligible applicants that did not have an unresolved
audit finding during the 3 fiscal years before
submitting an application for a grant under this
section.
``(E) Reimbursement.--If an entity is awarded grant
funds under this section during the 2-fiscal-year
period during which the entity is barred from receiving
grants under subparagraph (C), the Attorney General
shall--
``(i) deposit an amount equal to the amount
of the grant funds that were improperly awarded
to the grantee into the General Fund of the
Treasury; and
``(ii) seek to recoup the costs of the
repayment to the fund from the grant recipient
that was erroneously awarded grant funds.
``(2) Nonprofit organization requirements.--
``(A) Definition.--For purposes of this paragraph
and the grant programs under this part, the term
`nonprofit organization' means an organization that is
described in section 501(c)(3) of the Internal Revenue
Code of 1986 and is exempt from taxation under section
501(a) of such Code.
``(B) Prohibition.--The Attorney General may not
award a grant under this part to a nonprofit
organization that holds money in offshore accounts for
the purpose of avoiding paying the tax described in
section 511(a) of the Internal Revenue Code of 1986.
``(C) Disclosure.--Each nonprofit organization that
is awarded a grant under this section and uses the
procedures prescribed in regulations to create a
rebuttable presumption of reasonableness for the
compensation of its officers, directors, trustees, and
key employees, shall disclose to the Attorney General,
in the application for the grant, the process for
determining such compensation, including the
independent persons involved in reviewing and approving
such compensation, the comparability data used, and
contemporaneous substantiation of the deliberation and
decision. Upon request, the Attorney General shall make
the information disclosed under this subparagraph
available for public inspection.
``(3) Conference expenditures.--
``(A) Limitation.--No amounts made available to the
Department of Justice under this section may be used by
the Attorney General, or by any individual or entity
awarded discretionary funds through a cooperative
agreement under this section, to host or support any
expenditure for conferences that uses more than $20,000
in funds made available by the Department of Justice,
unless the head of the relevant agency or department,
provides prior written authorization that the funds may
be expended to host the conference.
``(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of
all costs associated with the conference, including the
cost of all food, beverages, audio-visual equipment,
honoraria for speakers, and entertainment.
``(C) Report.--The Deputy Attorney General shall
submit an annual report to the Committee on the
Judiciary of the Senate and the Committee on the
Judiciary of the House of Representatives on all
conference expenditures approved under this paragraph.
``(4) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this subsection,
the Attorney General shall submit, to the Committee on the
Judiciary and the Committee on Appropriations of the Senate and
the Committee on the Judiciary and the Committee on
Appropriations of the House of Representatives, an annual
certification--
``(A) indicating whether--
``(i) all audits issued by the Office of
the Inspector General under paragraph (1) have
been completed and reviewed by the appropriate
Assistant Attorney General or Director;
``(ii) all mandatory exclusions required
under paragraph (1)(C) have been issued; and
``(iii) all reimbursements required under
paragraph (1)(E) have been made; and
``(B) that includes a list of any grant recipients
excluded under paragraph (1) from the previous year.
``(m) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a
grant to an applicant under this section, the Attorney General
shall compare potential grant awards with other grants awarded
under this Act to determine if duplicate grant awards are
awarded for the same purpose.
``(2) Report.--If the Attorney General awards duplicate
grants to the same applicant for the same purpose the Attorney
General shall submit to the Committee on the Judiciary of the
Senate and the Committee on the Judiciary of the House of
Representatives a report that includes--
``(A) a list of all duplicate grants awarded,
including the total dollar amount of any duplicate
grants awarded; and
``(B) the reason the Attorney General awarded the
duplicate grants.''.
SEC. 9. REAUTHORIZATION OF APPROPRIATIONS.
Subsection (n) of section 2991 of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797aa), as redesignated in section
2(a), is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the
end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) $40,000,000 for each of fiscal years 2015
through 2019.''; and
(2) by adding at the end the following:
``(3) Limitation.--Not more than 20 percent of the funds
authorized to be appropriated under this section may be used
for purposes described in subsection (i) (relating to
veterans).''.
Calendar No. 92
113th CONGRESS
1st Session
S. 162
_______________________________________________________________________
A BILL
To reauthorize and improve the Mentally Ill Offender Treatment and
Crime Reduction Act of 2004.
_______________________________________________________________________
June 20, 2013
Reported with an amendment