[Congressional Bills 114th Congress]
[From the U.S. Government Publishing Office]
[S. 993 Referred in House (RFH)]

<DOC>






114th CONGRESS
  1st Session
                                 S. 993


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                           December 11, 2015

               Referred to the Committee on the Judiciary

_______________________________________________________________________

                                 AN ACT


 
   To increase public safety by facilitating collaboration among the 
criminal justice, juvenile justice, veterans treatment services, mental 
             health treatment, and substance abuse systems.

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Comprehensive Justice and Mental 
Health Act of 2015''.

SEC. 2. TABLE OF CONTENTS.

    The table of contents for this Act is as follows:

Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Findings.
Sec. 4. Sequential intercept model.
Sec. 5. Veterans treatment courts.
Sec. 6. Prison and jails.
Sec. 7. Allowable uses.
Sec. 8. Law enforcement training.
Sec. 9. Federal law enforcement training.
Sec. 10. GAO report.
Sec. 11. Evidence based practices.
Sec. 12. Transparency, program accountability, and enhancement of local 
                            authority.
Sec. 13. Grant accountability.
Sec. 14. Reauthorization of appropriations.

SEC. 3. FINDINGS.

    Congress finds the following:
            (1) An estimated 2,000,000 individuals with serious mental 
        illnesses are booked into jails each year, resulting in 
        prevalence rates of serious mental illness in jails that are 3 
        to 6 times higher than in the general population. An even 
        greater number of individuals who are detained in jails each 
        year have mental health problems that do not rise to the level 
        of a serious mental illness but may still require a resource-
        intensive response.
            (2) Adults with mental illnesses cycle through jails more 
        often than individuals without mental illnesses, and tend to 
        stay longer (including before trial, during trial, and after 
        sentencing).
            (3) According to estimates, almost \3/4\ of jail detainees 
        with serious mental illnesses have co-occurring substance use 
        disorders, and individuals with mental illnesses are also much 
        more likely to have serious physical health needs.
            (4) Among individuals under probation supervision, 
        individuals with mental disorders are nearly twice as likely as 
        other individuals to have their community sentence revoked, 
        furthering their involvement in the criminal justice system. 
        Reasons for revocation may be directly or indirectly related to 
        an individual's mental disorder.

SEC. 4. SEQUENTIAL INTERCEPT MODEL.

    (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) Sequential Intercept Model.--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) Sequential Intercept Grants.--
            ``(1) Definition.--In this subsection, the term `eligible 
        entity' means a State, unit of local government, Indian tribe, 
        or tribal organization.
            ``(2) Authorization.--The Attorney General may make grants 
        under this subsection to an eligible entity for sequential 
        intercept mapping and implementation in accordance with 
        paragraph (3).
            ``(3) Sequential intercept mapping; implementation.--An 
        eligible entity that receives a grant under this subsection may 
        use funds for--
                    ``(A) sequential intercept mapping, which--
                            ``(i) shall consist of--
                                    ``(I) convening mental health and 
                                criminal justice stakeholders to--
                                            ``(aa) develop a shared 
                                        understanding of the flow of 
                                        justice-involved individuals 
                                        with mental illnesses through 
                                        the criminal justice system; 
                                        and
                                            ``(bb) identify 
                                        opportunities for improved 
                                        collaborative responses to the 
                                        risks and needs of individuals 
                                        described in item (aa); and
                                    ``(II) developing strategies to 
                                address gaps in services and bring 
                                innovative and effective programs to 
                                scale along multiple intercepts, 
                                including--
                                            ``(aa) emergency and crisis 
                                        services;
                                            ``(bb) specialized police-
                                        based responses;
                                            ``(cc) court hearings and 
                                        disposition alternatives;
                                            ``(dd) reentry from jails 
                                        and prisons; and
                                            ``(ee) community 
                                        supervision, treatment and 
                                        support services; and
                            ``(ii) may serve as a starting point for 
                        the development of strategic plans to achieve 
                        positive public health and safety outcomes; and
                    ``(B) implementation, which shall--
                            ``(i) be derived from the strategic plans 
                        described in subparagraph (A)(ii); and
                            ``(ii) consist of--
                                    ``(I) hiring and training 
                                personnel;
                                    ``(II) identifying the eligible 
                                entity's target population;
                                    ``(III) providing services and 
                                supports to reduce unnecessary 
                                penetration into the criminal justice 
                                system;
                                    ``(IV) reducing recidivism;
                                    ``(V) evaluating the impact of the 
                                eligible entity's approach; and
                                    ``(VI) planning for the 
                                sustainability of effective 
                                interventions.''.

SEC. 5. VETERANS TREATMENT COURTS.

    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 4, the following:
    ``(j) 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) served on active duty in any branch 
                        of the Armed Forces, including the National 
                        Guard or Reserves; 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. 6. PRISON AND JAILS.

    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 so added by section 5, the following:
    ``(k) 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-
                occurring mental health and substance abuse 
                disorders.''.

SEC. 7. ALLOWABLE USES.

    Section 2991(b)(5)(I) of the Omnibus Crime Control and Safe Streets 
Act of 1968 (42 U.S.C. 3797aa(b)(5)(I)) is amended by adding at the end 
the following:
                            ``(v) Teams addressing frequent users of 
                        crisis services.--Multidisciplinary teams 
                        that--
                                    ``(I) coordinate, implement, and 
                                administer community-based crisis 
                                responses and long-term plans for 
                                frequent users of crisis services;
                                    ``(II) provide training on how to 
                                respond appropriately to the unique 
                                issues involving frequent users of 
                                crisis services for public service 
                                personnel, including criminal justice, 
                                mental health, substance abuse, 
                                emergency room, healthcare, law 
                                enforcement, corrections, and housing 
                                personnel;
                                    ``(III) develop or support 
                                alternatives to hospital and jail 
                                admissions for frequent users of crisis 
                                services that provide treatment, 
                                stabilization, and other appropriate 
                                supports in the least restrictive, yet 
                                appropriate, environment; and
                                    ``(IV) develop protocols and 
                                systems among law enforcement, mental 
                                health, substance abuse, housing, 
                                corrections, and emergency medical 
                                service operations to provide 
                                coordinated assistance to frequent 
                                users of crisis services.''.

SEC. 8. LAW ENFORCEMENT 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-occurring 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. 9. FEDERAL LAW ENFORCEMENT TRAINING.

    Not later than 1 year after the date of enactment of this Act, the 
Attorney General shall provide direction and guidance for the 
following:
            (1) Training programs.--Programs that offer specialized and 
        comprehensive training, in procedures to identify and 
        appropriately respond to incidents in which the unique needs of 
        individuals who have a mental illness are involved, to first 
        responders and tactical units of--
                    (A) Federal law enforcement agencies; and
                    (B) other Federal criminal justice agencies such as 
                the Bureau of Prisons, the Administrative Office of the 
                United States Courts, and other agencies that the 
                Attorney General determines appropriate.
            (2) Improved technology.--The establishment of, or 
        improvement of existing, computerized information systems to 
        provide timely information to employees of Federal law 
        enforcement agencies, and Federal criminal justice agencies to 
        improve the response of such employees to situations involving 
        individuals who have a mental illness.

SEC. 10. GAO REPORT.

    No later than 1 year after the date of enactment of this Act, the 
Comptroller General of the United States, in coordination with the 
Attorney General, shall submit to Congress a report on--
            (1) the practices that Federal first responders, tactical 
        units, and corrections officers are trained to use in 
        responding to individuals with mental illness;
            (2) procedures to identify and appropriately respond to 
        incidents in which the unique needs of individuals who have a 
        mental illness are involved, to Federal first responders and 
        tactical units;
            (3) the application of evidence-based practices in criminal 
        justice settings to better address individuals with mental 
        illnesses; and
            (4) recommendations on how the Department of Justice can 
        expand and improve information sharing and dissemination of 
        best practices.

SEC. 11. 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. 12. TRANSPARENCY, PROGRAM ACCOUNTABILITY, AND ENHANCEMENT OF LOCAL 
              AUTHORITY.

    (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-occurring mental illness and substance abuse 
                        disorder;
                            ``(ii) has been unanimously approved for 
                        participation in a program funded under this 
                        section by, when appropriate--
                                    ``(I) the relevant--
                                            ``(aa) prosecuting 
                                        attorney;
                                            ``(bb) defense attorney;
                                            ``(cc) probation or 
                                        corrections official; and
                                            ``(dd) judge; and
                                    ``(II) a representative from the 
                                relevant mental health agency described 
                                in subsection (b)(5)(B)(i);
                            ``(iii) has been determined, by each person 
                        described in clause (ii) who is involved in 
                        approving the adult or juvenile for 
                        participation in a program funded under this 
                        section, to not pose a risk of violence to any 
                        person in the program, or the public, if 
                        selected to participate in the program; and
                            ``(iv) has not been charged with or 
                        convicted of--
                                    ``(I) any sex offense (as defined 
                                in section 111 of the Sex Offender 
                                Registration and Notification Act (42 
                                U.S.C. 16911)) or any offense relating 
                                to the sexual exploitation of children; 
                                or
                                    ``(II) murder or assault with 
                                intent to commit murder.
                    ``(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. 13. 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 6, 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. 14. 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 by section 
4(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) $18,000,000 for each of fiscal years 2016 
                through 2020.''; and
            (2) by adding at the end the following:
            ``(3) Limitation.--Not more than 28 percent of the funds 
        authorized to be appropriated under this section may be used 
        for purposes described in subsection (j) (relating to 
        veterans).''.

            Passed the Senate December 10, 2015.

            Attest:

                                                JULIE E. ADAMS,

                                                             Secretary.