[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