[Congressional Record Volume 145, Number 29 (Wednesday, February 24, 1999)]
[Senate]
[Pages S1946-S1950]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. WELLSTONE (for himself, Mr. Kennedy, and Ms. Landrieu):
  S. 465. A bill to meet the mental health substance abuse treatment 
needs of incarcerated children and youth; to the Committee on the 
Judiciary.


                 the mental health juvenile justice act

  Mr. WELLSTONE. Mr. President, today, I am introducing legislation 
that outlines a comprehensive strategy for providing federal assistance 
to states and localities, to better serve children in need of mental 
health services who come in contact with our nation's juvenile justice 
system. I am pleased to be joined by Senators Kennedy and Landrieu in 
this effort. The bill has received the strong support of over forty 
organizations including the American Bar Association, the American 
Psychiatric Association, the Children's Defense Fund, the United Church 
of Christ, and form states judges, probation and police officers.
  Elie Wiesel once said: ``More than anything--more than hatred and 
torture--more than pain--do I fear indifference.'' We must be vigilant 
not to allow ourselves and our country to be indifferent to children's 
misery, particularly those children who may be sick, difficult, and 
test our patience, understanding, and compassion.
  Yet, today, throughout America, I fear that we have become deeply 
indifferent to how we treat juveniles in the justice system who live in 
the shadow of mental illness.
  Each year, more than one million youth come in contact with the 
juvenile justice system, and more than 100,000 of these youth are 
detained in some type of jail or prison. These children are 
overwhelmingly poor and a disproportionate number of children of color.
  By the time many of these children are arrested and incarcerated, 
they have a long history of problems in their short lives. As many as 
two-thirds suffer from a mental or emotional disturbance. One in have 
has a

[[Page S1947]]

serious disorder. Many have substance abuse problems and learning 
disabilities. Most come from troubled homes.
  The `crimes' of these children vary. While some have committed 
violent crimes, some have committed petty theft or skipped school. 
Still others have simply run away from home to escape physical or 
sexual abuse from parents or other adults.
  Despite popular opinion, most of the children who are locked up are 
not violent. Justice Department studies show that only one in twenty 
youth in the juvenile system have committed violent offenses.
  Jails and juvenile detention centers often find themselves unprepared 
to deal with the mentally ill. For instance, medication may not be 
given or properly monitored. Or, guards may not know, for example, how 
to respond to disturbed youth who simply is not capable of standing in 
an orderly line for meals. A common result is that these kids are 
disciplined and put in solitary confinement.
  What is happening to these troubled children is national tragedy. 
Across the country, we are dumping emotionally disturbed kids into 
juvenile prisons.
  Why do so many youth with mental illness end up in the justice 
system? Children with mental disorders often behave in ways that bring 
them into conflict with family members, authority figures, and peers. 
Over the last ten years, the public attitude toward juvenile crime has 
grown toughter. Consequently, the juvenile justice system is casting a 
wilder net. A growing fear and intolerance of children who misbehave or 
commit nonviolent offenses have pushed children into the juvenile 
system who would not have ended up there in earlier times.
  At the same time, our country has failed to invest adequately in 
services and programs that could reduce the need for incarceration. 
These include mental health services. The warning signs for delinquency 
are well known--school failure, drug and alcohol abuse, family violence 
and abuse, and poverty. Yet, we have failed to put in place community 
prevention, screening, and early intervention services for those 
children most at risk. Proper mental health treatment can prevent or 
reduce offending. But many communities don't have adequate treatment 
services for children and their families.
  For example, a recent report by Louisiana state officials 
acknowledged that secure facilities held many children who had been 
``discarded'' from the educational, child welfare and other systems of 
care. I have heard that social workers in a number of states have been 
even instructed desperate parents to have their children arrested in 
order to get services because community health services are so scarce.
  Last July, I went with the National Mental Health Association to the 
Tallulah Correctional Center for Youth, a privately-owned correctional 
facility for over 600 youth in northeast Louisiana, to see firsthand 
the shocking civil rights violations cited by the U.S. Department of 
Justice. I left with vivid and disturbing images of how we are dealing 
with youth with mental and emotional problems in this country.

  While in Tallulah, I saw one hallucinating and suicidal child in 
isolation for observation, yet his transfer to an appropriate mental 
health facility was uncertain. Another child I met was taking three 
different types of powerful psychiatric medications, but had only seen 
a psychiatrist twice in the last eight months. The Justice Department 
reports chronicled instances where boys were being repeatedly sexually 
and physically abused, and children with mental illnesses were being 
housed with youths who have committed violent crimes. Mentally ill 
children received no therapy, and when they were having symptoms, they 
were isolated or punished for their illness.
  Tallulah is not the only offending facility, however. The Justice 
Department has exposed gross abuses in Georgia, Kentucky, and other 
juvenile facilities in Louisiana. Other states are also experiencing 
similar problems. Investigators found extreme cases of physical abuse 
and neglect of mental health needs, including unwarranted and prolonged 
isolation of suicidal children, hog-tie and chemical restraints used on 
youth with serious emotional disturbances, forced medication and even 
denial of medication. Children with extensive psychiatric histories who 
are prone to self-mutilation (e.g., cutting themselves with glass) 
never even saw a psychiatrist.
  In some cases, abusive treatment of these children results directly 
from their being emotionally disturbed. Staff in juvenile facilities 
fail to recognize, and in fact punish them for, the symptom of their 
disorders. Children have been punished for requesting treatment or put 
in isolation when they refused to accept treatment. One child in a boot 
camp was punished for making involuntary noises that were symptoms of 
his Tourette's syndrome. Mental disorders are being handled almost 
solely through discipline, isolation, and restraints according to 
investigations by the US Justice Department and human rights groups.
  A recent survey by the California Youth Authority found that 35 
percent of boys in its custody and 73 percent of girls need treatment. 
One reason for the higher percentage of young people with mental 
illness in jail, specialists say, is that many states have cut budgets 
for adolescent psychiatric care, even more than those for adults.

  If a child had a broken leg, would any institution leave that leg 
unattended? Why then, in America, are we dumping children with mental 
health problems in institutions without treatment, and under conditions 
which can only worsen their illnesses?
  Our current system fails mentally ill children. How? The screening 
and treatment of mental and emotional disorders are inadequate or 
nonexistent at correctional facilities. Mental illness is often 
addressed solely through discipline, isolation, and restraint. At 
Tallulah, children told us that they were beaten and were put in 
isolation for long periods, even months--echoing in painful detail what 
had been revealed in the Justice Department reports.
  The tragedy of this situation is that we know what works--treatment--
but our current system for children with mental illness favors 
punishment over treatment. For children, we know that family-focused, 
individualized treatment delivered in the child's community can improve 
children's mental health and prevent them from offending in the first 
place. It is proven that integrating these mental health and substance 
abuse services with schools and child welfare agencies produces even 
greater success. In fact, linked community services have been shown to 
reduce contact with the juvenile justice system by 46 percent.
  My legislation would help states provide critical assistance to these 
children who suffer from mental disorders. It focuses on providing 
appropriate services that can both prevent them from committing 
delinquent offenses and from reoffending, and it is structured so that 
services are planned and integrated at the local level.
  First, it provides funds to train juvenile justice personnel on the 
identification and appropriate treatment of mental illness in kids, and 
on the use of community-based alternatives to incarceration. Currently, 
juvenile justice system personnel lack routine training to deal with 
mentally ill youth, many of whose low risk factors make them good 
candidates for alternative treatment programs in the community.
  Second, it authorizes a new treatment and diversion block grant 
program to state and localities. Despite studies showing large numbers 
of incarcerated children having psychiatric disorders, we know that 
screening, assessment and treatment for children's mental disorders is 
grossly inadequate. Further, many of these kids have multiple problems 
before they are locked-up, and are involved with several different 
child agencies and systems. Typically, these agencies shift the care 
and costs for serving a child back and forth. The result is that the 
child and the family never receive the services they need. States will 
be able to access the new block grant funds to develop and implement 
integrated treatment and diversion programs for juveniles who come up 
against the police and the courts.

  Third, it will establish training and technical assistance centers. 
Now, States do not have the information and technical assistance they 
need to provide appropriate services for youth with mental health 
disorders. Further,

[[Page S1948]]

it will establish a federal council which will report to Congress on 
recommendations to improve the treatment of mentally ill children who 
come into contact with the justice system.
  Next, it will give States the choice whether to use their federal 
prison construction funds for treatment of incarcerated mentally ill 
and children.
  Finally, if will amend the Prison Litigation Reform Act, by restoring 
to federal courts the authority to remedy abuse conditions in juvenile 
justice facilities. Congress passed the act in 1996 largely to reduce 
frivolous pro se lawsuits by prisoners, and nothing in my bill would 
affect those provisions of the PLRA. Yet, the PLRA has had a 
devastating effect on the conditions in which juvenile offenders and 
mentally ill prisoners are held. My provision would not repeal the PLRA 
or adversely effect the crackdown on frivolous lawsuits. Instead, it 
would carve out a narrow exception to the PLRA restrictions in limited 
circumstances, involving children and the mentally ill, for it has been 
shown again and again that they are particularly vulnerable to abuse 
and neglect in state institutions.
  We can no longer be indifferent to this national tragedy. What I saw 
in Tallulah, and what is happening in countless facilities across this 
country, is a disgrace. The wholesale neglect of juveniles with mental 
illness in our prisons must end. We as a society have the moral 
obligation to see they get the help they need. Treating young people 
with mental disorders in dehumanizing ways is not the answer to 
questions of crime prevention and public safety. And it's not the way 
to make children productive, law abiding, and caring citizens. I urge 
my colleagues to support this important legislation.
  I ask unanimous consent the text of the bill be printed in the 
Record.
  There being no objection, the bill was ordered to be printed in the 
Record, as follows:

                                 S. 465

       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 ``Mental Health Juvenile 
     Justice Act''.

     SEC. 2. TRAINING OF JUSTICE SYSTEM PERSONNEL.

       Title II of the Juvenile Justice and Delinquency Prevention 
     Act of 1974 (42 U.S.C. 5611 et seq.) is amended by adding at 
     the end the following:

    ``PART K--ACCESS TO MENTAL HEALTH AND SUBSTANCE ABUSE TREATMENT

     ``SEC. 299AA. GRANTS FOR TRAINING OF JUSTICE SYSTEM 
                   PERSONNEL.

       ``(a) In General.--The Administrator shall make grants to 
     State and local juvenile justice agencies in collaboration 
     with State and local mental health agencies, for purposes of 
     training the officers and employees of the State juvenile 
     justice system (including employees of facilities that are 
     contracted for operation by State and local juvenile 
     authorities) regarding appropriate access to mental health 
     and substance abuse treatment programs and services in the 
     State for juveniles who come into contact with the State 
     juvenile justice system who have mental health or substance 
     abuse problems.
       ``(b) Use of Funds.--A State or local juvenile justice 
     agency that receives a grant under this section may use the 
     grant for purposes of--
       ``(1) providing cross-training, jointly with the public 
     mental health system, for State juvenile court judges, public 
     defenders, and mental health and substance abuse agency 
     representatives with respect to the appropriate use of 
     effective, community-based alternatives to juvenile justice 
     or mental health system institutional placements; or
       ``(2) providing training for State juvenile probation 
     officers and community mental health and substance abuse 
     program representatives on appropriate linkages between 
     probation programs and mental health community programs, 
     specifically focusing on the identification of mental 
     disorders and substance abuse addiction in juveniles on 
     probation, effective treatment interventions for those 
     disorders, and making appropriate contact with mental health 
     and substance abuse case managers and programs in the 
     community, in order to ensure that juveniles on probation 
     receive appropriate access to mental health and substance 
     abuse treatment programs and services.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated from the Violent Crime 
     Reduction Trust Fund, $50,000,000 for fiscal years 1999, 
     2000, 2001, 2002, and 2003 to carry out this section.''.

     SEC. 3. BLOCK GRANT FUNDING FOR TREATMENT AND DIVERSION 
                   PROGRAMS.

       Part K of title II of the Juvenile Justice and Delinquency 
     Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended by 
     adding at the end the following:

     ``SEC. 299BB. GRANTS FOR STATE PARTNERSHIPS.

       ``(a) In General.--The Attorney General and the Secretary 
     of Health and Human Services shall make grants to 
     partnerships between State and local/county juvenile justice 
     agencies and State and local mental health authorities (or 
     appropriate children service agencies) in accordance with 
     this section.
       ``(b) Use of Funds.--A partnership described in subsection 
     (a) that receives a grant under this section shall use such 
     amounts for the establishment and implementation of programs 
     that address the service needs of juveniles who come into 
     contact with the justice system (including facilities 
     contracted for operation by State or local juvenile 
     authorities) who have mental health or substance abuse 
     problems, by requiring the following:
       ``(1) Diversion.--Appropriate diversion of those juveniles 
     from incarceration--
       ``(A) at imminent risk of being taken into custody;
       ``(B) at the time they are initially taken into custody;
       ``(C) after they are charged with an offense or act of 
     juvenile delinquency;
       ``(D) after they are adjudicated delinquent but prior to 
     case disposition; and
       ``(E) after they are released from a juvenile facility, for 
     the purposes of attending after-care programs.
       ``(2) Treatment.--
       ``(A) Screening and assessment of juveniles.--
       ``(i) In general.--Initial mental health screening shall be 
     completed for all juveniles immediately upon entering the 
     juvenile justice system or a juvenile facility. Screening 
     shall be conducted by qualified health and mental health 
     professionals or by staff who have been trained by qualified 
     health, mental health, and substance abuse professionals. In 
     the case of a screening by staff, the screening results 
     should be reviewed by qualified health, mental health 
     professionals not later than 24 hours after the screening.
       ``(ii) Acute mental illness.--Juveniles who suffer from 
     acute mental disorders, who are suicidal, or in need of 
     detoxification shall be placed in or immediately transferred 
     to an appropriate medical or mental health facility. They 
     shall be admitted to a secure correctional facility only with 
     written medical clearance.
       ``(iii) Comprehensive assessment.--All juveniles entering 
     the juvenile justice system shall have a comprehensive 
     assessment conducted and an individualized treatment plan 
     written and implemented within 2 weeks. This assessment shall 
     be conducted within 1 week for juveniles incarcerated in 
     secure facilities. Assessments shall be completed by 
     qualified health, mental health, and substance abuse 
     professionals.
       ``(B) Treatment.--
       ``(i) In general.--If the need for treatment is indicated 
     by the assessment of a juvenile, the juvenile shall be 
     referred to or treated by a qualified professional. A 
     juvenile who is currently receiving treatment for a mental or 
     emotional disorder shall have treatment continued.
       ``(ii) Period.--Treatment shall continue until additional 
     mental health assessment determines that the juvenile is no 
     longer in need of treatment. Treatment plans shall be 
     reevaluated at least every 30 days.
       ``(iii) Discharge plan.--An incarcerated juvenile shall 
     have a discharge plan prepared when the juvenile enters the 
     correctional facility in order to integrate the juvenile back 
     into the family or the community. This plan shall be updated 
     in consultation with the juvenile's family or guardian before 
     the juvenile leaves the facility. Discharge plans shall 
     address the provision of aftercare services.
       ``(iv) Medication.--Any juvenile receiving psychotropic 
     medications shall be under the care of a licensed 
     psychiatrist. Psychotropic medications shall be monitored 
     regularly by trained staff for their efficacy and side 
     effects.
       ``(v) Specialized treatment.--Specialized treatment and 
     services shall be continually available to a juvenile who--

       ``(I) has a history of mental health problems or treatment;
       ``(II) has a documented history of sexual abuse or 
     offenses, as victim or as perpetrator;
       ``(III) has substance abuse problems, health problems, 
     learning disabilities, or histories of family abuse or 
     violence; or
       ``(IV) has developmental disabilities.

       ``(C) Medical and mental health emergencies.--All 
     correctional facilities shall have written policies and 
     procedures on suicide prevention. All staff working in 
     correctional facilities shall be trained and certified 
     annually in suicide prevention. Facilities shall have written 
     arrangements with a hospital or other facility for providing 
     emergency medical and mental health care. Physical and mental 
     health services shall be available to an incarcerated 
     juvenile 24 hours per day, 7 days per week.
       ``(D) Classification of juveniles.--
       ``(i) In general.--Juvenile facilities shall classify and 
     house juveniles in living units according to a plan that 
     includes age, gender, offense, special medical or mental 
     health condition, size, and vulnerability to victimization. 
     Younger, smaller, weaker, and more vulnerable juveniles shall 
     not be placed in housing units with older, more aggressive 
     juveniles.
       ``(ii) Boot camps.--Juveniles who are under 13 years old or 
     who have serious medical conditions or mental illness shall 
     not be placed in paramilitary boot camps.

[[Page S1949]]

       ``(E) Confidentiality of records.--Mental health and 
     substance abuse treatment records of juveniles shall be 
     treated as confidential and shall be excluded from the 
     records that States require to be routinely released to other 
     correctional authorities and school officials.
       ``(F) Mandatory reporting.--States shall keep records of 
     the incidence and types of mental health and substance abuse 
     disorders in their juvenile justice populations, the range 
     and scope of services provided, and barriers to service. The 
     State shall submit an analysis of this information yearly to 
     the Department of Justice.
       ``(G) Staff ratios for correctional facilities.--Each 
     secure correctional facility shall have a minimum ratio of no 
     fewer than 1 mental health counselor to every 50 juveniles. 
     Mental health counselors shall be professionally trained and 
     certified or licensed. Each secure correctional facility 
     shall have a minimum ratio of 1 clinical psychologist for 
     every 100 juveniles. Each secure correctional facility shall 
     have a minimum ratio of 1 licensed psychiatrist for every 100 
     juveniles receiving psychiatric care.
       ``(H) Use of force.--
       ``(i) Written guidelines.--All juvenile facilities shall 
     have a written behavioral management system based on 
     incentives and rewards to reduce misconduct and to decrease 
     the use of restraints and seclusion by staff.
       ``(ii) Limitations on restraint.--Control techniques such 
     as restraint, seclusion, chemical sprays, and room 
     confinement shall be used only in response to extreme threats 
     to life or safety. Use of these techniques shall be approved 
     by the facility superintendent or chief medical officer and 
     documented in the juvenile's file along with the 
     justification for use and the failure of less restrictive 
     alternatives.
       ``(iii) Limitation on isolation.--Isolation and seclusion 
     shall be used only for immediate and short-term security or 
     safety reasons. No juvenile shall be placed in isolation 
     without approval of the facility superintendent or chief 
     medical officer or their official staff designee. All cases 
     shall be documented in the juvenile's file along with the 
     justification. A juvenile shall be in isolation only the 
     amount of time necessary to achieve security and safety of 
     the juvenile and staff. Staff shall monitor each juvenile in 
     isolation once every 15 minutes and conduct a professional 
     review of the need for isolation at least every 4 hours. Any 
     juvenile held in seclusion for 24 hours shall be examined by 
     a physician or licensed psychologist.
       ``(I) IDEA and rehabilitation act.--All juvenile facilities 
     shall abide by all mandatory requirements and time lines set 
     forth under the Individuals with Disabilities Education Act 
     and section 504 of the Rehabilitation Act of 1973.
       ``(J) Advocacy assistance.--
       ``(i) In general.--The Secretary of Health and Human 
     Services shall make grants to the systems established under 
     part C of the Developmental Disabilities Assistance and Bill 
     of Rights Act (42 U.S.C. 6041 et seq.) to monitor the mental 
     health and special education services provided by grantees to 
     juveniles under paragraph (2) (A), (B), (C), (H), and (I) of 
     this section, and to advocate on behalf of juveniles to 
     assure that such services are properly provided.
       ``(ii) Appropriation.--The Secretary of Health and Human 
     Services will reserve no less than 3 percent of the funds 
     appropriated under this section for the purposes set forth in 
     paragraph (2)(J)(i).
       ``(c) Authorization of Appropriations.--
       ``(1) In general.--There are authorized to be appropriated 
     from the Violent Crime Reduction Trust Fund, $500,000,000 for 
     fiscal years 1999, 2000, 2001, 2002, and 2003 to carry out 
     this section.
       ``(2) Allocation.--Of amounts appropriated under paragraph 
     (1)--
       ``(A) 35 percent shall be used for diversion programs under 
     subsection (b)(1); and
       ``(B) 65 percent shall be used for treatment programs under 
     subsection (b)(2).
       ``(3) Incentives.--The Attorney General and the Secretary 
     of Health and Human Services shall give preference under 
     subsection (b)(2) to partnerships that integrate treatment 
     programs to serve juveniles with co-occurring mental health 
     and substance abuse disorders.
       ``(4) Waivers.--The Attorney General and the Secretary of 
     Health and Human Services may grant a waiver of requirements 
     under subsection (b)(2) for good cause.

     ``SEC. 299CC. GRANTS FOR PARTNERSHIPS.

       ``(a) In General.--Any partnership desiring to receive a 
     grant under this part shall submit an application at such 
     time, in such manner, and containing such information as the 
     Attorney General and the Secretary of Health and Human 
     Services may prescribe.
       ``(b) Contents.--In accordance with guidelines established 
     by the Attorney General and the Secretary of Health and Human 
     Services, each application submitted under subsection (a) 
     shall--
       ``(1) set forth a program or activity for carrying out one 
     or more of the purposes specified in section 299BB(b) and 
     specifically identify each such purpose such program or 
     activity is designed to carry out;
       ``(2) provide that such program or activity shall be 
     administered by or under the supervision of the applicant;
       ``(3) provide for the proper and efficient administration 
     of such program or activity;
       ``(4) provide for regular evaluation of such program or 
     activity;
       ``(5) provide an assurance that the proposed program or 
     activity will supplement, not supplant, similar programs and 
     activities already available in the community; and
       ``(6) provide for such fiscal control and fund accounting 
     procedures as may be necessary to ensure prudent use, proper 
     disbursement, and accurate accounting of funds receiving 
     under this part.''.

     SEC. 4. INITIATIVE FOR COMPREHENSIVE, INTERSYSTEM PROGRAMS.

       Subpart 3 of part B of title V of the Public Health Service 
     Act (42 U.S.C. 290bb-31 et seq.) is amended by adding at the 
     end the following:

     ``SEC. 520C. INITIATIVE FOR COMPREHENSIVE, INTERSYSTEM 
                   PROGRAMS.

       ``(a) In General.--The Attorney General and the Secretary, 
     acting through the Director of the Center for Mental Health 
     Services, shall award competitive grants to eligible entities 
     for programs that address the service needs of juveniles and 
     juveniles with serious mental illnesses by requiring the 
     State or local juvenile justice system, the mental health 
     system, and the substance abuse treatment system to work 
     collaboratively to ensure--
       ``(1) the appropriate diversion of such juveniles and 
     juveniles from incarceration;
       ``(2) the provision of appropriate mental health and 
     substance abuse services as an alternative to incarceration 
     and for those juveniles on probation or parole; and
       ``(3) the provision of followup services for juveniles who 
     are discharged from the juvenile justice system.
       ``(b) Eligibility.--To be eligible to receive a grant under 
     this section an entity shall--
       ``(1) be a State or local juvenile justice agency, mental 
     health agency, or substance abuse agency (including community 
     diversion programs);
       ``(2) prepare and submit to the Secretary an application at 
     such time, in such manner, and containing such information as 
     the Secretary may require, including--
       ``(A) an assurance that the applicant has the consent of 
     all entities described in paragraph (1) in carrying out and 
     coordinating activities under the grant; and
       ``(B) with respect to services for juveniles, an assurance 
     that the applicant has collaborated with the State or local 
     educational agency and the State or local welfare agency in 
     carrying out and coordinating activities under the grant;
       ``(3) be given priority if it is a joint application 
     between juvenile justice and substance abuse or mental health 
     agencies; and
       ``(4) ensure that funds from non-Federal sources are 
     available to match amounts provided under the grant in an 
     amount that is not less than--
       ``(A) with respect to the first 3 years under the grant, 25 
     percent of the amount provided under the grant; and
       ``(B) with respect to the fourth and fifth years under the 
     grant, 50 percent of the amount provided under the grant.
       ``(c) Use of Funds.--
       ``(1) Initial year.--An entity that receives a grant under 
     this section shall, in the first fiscal year in which amounts 
     are provided under the grant, use such amounts to develop a 
     collaborative plan--
       ``(A) for how the guarantee will institute a system to 
     provide intensive community services--
       ``(i) to prevent high-risk juveniles from coming in contact 
     with the justice system; and
       ``(ii) to meet the mental health and substance abuse 
     treatment needs of juveniles on probation or recently 
     discharged from the justice system; and
       ``(B) providing for the exchange by agencies of information 
     to enhance the provision of mental health or substance abuse 
     services to juveniles.
       ``(2) 2-5th years.--With respect to the second through 
     fifth fiscal years in which amounts are provided under the 
     grant, the grantee shall use amounts provided under the 
     grant--
       ``(A) to furnish services, such as assertive community 
     treatment, wrap-around services for juveniles, multisystemic 
     therapy, outreach, integrated mental health and substance 
     abuse treatment, case management, health care, education and 
     job training, assistance in securing stable housing, finding 
     a job or obtaining income support, other benefits, access to 
     appropriate school-based services, transitional and 
     independent living services, mentoring programs, home-based 
     services, and provision of appropriate after school and 
     summer programing;
       ``(B) to establish a network of boundary spanners to 
     conduct regular meetings with judges, provide liaison with 
     mental health and substance abuse workers, share and 
     distribute information, and coordinate with mental health and 
     substance abuse treatment providers, and probation or parole 
     officers concerning provision of appropriate mental health 
     and drug and alcohol addiction services for individuals on 
     probation or parole;
       ``(C) to provide cross-system training among police, 
     corrections, and mental health and substance abuse providers 
     with the purpose of enhancing collaboration and the 
     effectiveness of all systems;
       ``(D) to provide coordinated and effective aftercare 
     programs for juveniles with emotional or mental disorders who 
     are discharged from jail, prison, or juvenile facilities;
       ``(E) to purchase technical assistance to achieve the grant 
     project's goals; and

[[Page S1950]]

       ``(F) to furnish services, to train personnel in 
     collaborative approaches, and to enhance intersystem 
     collaboration.
       ``(3) Definition.--In paragraph (2)(B), the term `boundary 
     spanners' means professionals who act as case managers for 
     juveniles with mental disorders and substance abuse 
     addictions, within both justice agency facilities and 
     community mental health programs and who have full authority 
     from both systems to act as problem-solvers and advocates on 
     behalf of individuals targeted for service under this 
     program.
       ``(d) Area Served by the Project.--An entity receiving a 
     grant under this section shall conduct activities under the 
     grant to serve at least a single political jurisdiction.
       ``(e) Authorization of Appropriations.--There shall be made 
     available to carry out the section, not less than 10 percent 
     of the amount appropriated under section 1935(a) for each of 
     the fiscal years 1999 through 2003.''.

     SEC. 5. INTERAGENCY RESEARCH, TRAINING, AND TECHNICAL 
                   ASSISTANCE CENTERS.

       (a) Grants or Contracts.--The Secretary of Health and Human 
     Services, acting through the Substance Abuse and Mental 
     Health Services Administration and in consultation with the 
     Juvenile Justice and Delinquency Prevention Office and the 
     Justice Assistance Bureau, shall award grants and contracts 
     for the establishment of 4 research, training, and technical 
     assistance centers to carry out the activities described in 
     subsection (c).
       (b) Eligibility.--To be eligible to receive a grant or 
     contract under subsection (a), an entity shall--
       (1) be a public or nonprofit private entity; and
       (2) prepare and submit to the Secretary of Health and Human 
     Services an application, at such time, in such manner, and 
     containing such information as the Secretary may require.
       (c) Activities.--A center established under a grant or 
     contract under subsection (a) shall--
       (1) provide training with respect to state-of-the-art 
     mental health and justice-related services and successful 
     mental health and substance abuse-justice collaborations, to 
     public policymakers, law enforcement administrators, public 
     defenders, police, probation officers, judges, parole 
     officials, jail administrators and mental health and 
     substance abuse providers and administrators;
       (2) engage in research and evaluations concerning State and 
     local justice and mental health systems, including system 
     redesign initiatives, and disseminate information concerning 
     the results of such evaluations;
       (3) provide direct technical assistance, including 
     assistance provided through toll-free telephone numbers, 
     concerning issues such as how to accommodate individuals who 
     are being processed through the courts under the Americans 
     with Disabilities Act of 1990 (42 U.S.C. 12101 et seq.), what 
     types of mental health or substance abuse service approaches 
     are effective within the judicial system, and how community-
     based mental health or substance abuse services can be more 
     effective, including relevant regional, ethnic, and gender-
     related considerations; and
       (4) provide information, training, and technical assistance 
     to State and local governmental officials to enhance the 
     capacity of such officials to provide appropriate services 
     relating to mental health or substance abuse.
       (d) Authorization of Appropriations.--There is authorized 
     to be appropriated, $4,000,000 for each fiscal year to carry 
     out this section.

     SEC. 6. FEDERAL COORDINATING COUNCIL ON THE CRIMINALIZATION 
                   OF JUVENILES WITH MENTAL DISORDERS.

       (a) Establishment.--There is established a Federal 
     Coordinating Council on Criminalization of Juveniles With 
     Mental Disorders as an interdepartmental council to study and 
     coordinate the criminal and juvenile justice and mental 
     health and substance abuse activities of the Federal 
     Government and to report to Congress on proposed new 
     legislation to improve the treatment of mentally ill 
     juveniles who come in contact with the juvenile justice 
     system.
       (b) Membership.--The Council shall include representatives 
     from--
       (1) the appropriate Federal agencies, as determined by the 
     President, including, at a minimum--
       (A) the Office of the Secretary of Health and Human 
     Services;
       (B) the Office for Juvenile Justice and Delinquency 
     Prevention;
       (C) the National Institute of Mental Health;
       (D) the Social Security Administration;
       (E) the Department of Education; and
       (F) the Substance Abuse and Mental Health Services 
     Administration; and
       (2) children's mental health advocacy groups.
       (c) Duties.--The Council shall--
       (1) review Federal policies that hinder or facilitate 
     coordination at the State and local level between the mental 
     health and substance abuse systems on the one hand and the 
     juvenile justice and corrections system on the other;
       (2) study the possibilities for improving collaboration at 
     the Federal, State, and local level among these systems; and
       (3) recommend to Congress any appropriate new initiatives 
     which require legislative action.
       (d) Final Report.--The Council shall submit--
       (1) an interim report on current coordination and 
     collaboration, or lack thereof, 18 months after the Council 
     is established; and
       (2) recommendations for new initiatives in improving 
     coordination and collaboration in a final report to Congress 
     2 years after the Council is established.
       (e) Expiration.--The Council shall expire 2 years after the 
     Council is established.

     SEC. 7. MENTAL HEALTH SCREENING AND TREATMENT FOR PRISONERS.

       (a) Additional Requirements for the Use of Funds Under the 
     Violent Offender Incarceration and Truth-in-Sentencing Grants 
     Program.--Section 20105(b) of the Violent Crime Control and 
     Law Enforcement Act of 1994 is amended to read as follows:
       ``(b) Additional Requirements.--
       ``(1) Eligibility for grant.--To be eligible to receive a 
     grant under section 20103 or 20104, a State shall, not later 
     than January 1, 2001, have a program of mental health 
     screening and treatment for appropriate categories of 
     juvenile and other offenders during periods of incarceration 
     and juvenile and criminal justice supervision, that is 
     consistent with guidelines issued by the Attorney General.
       ``(2) Use of funds.--
       ``(A) In general.--Notwithstanding any other provision of 
     this subtitle, amounts made available to a State under 
     section 20103 or 20104, may be applied to the costs of 
     programs described in paragraph (1), consistent with 
     guidelines issued by the Attorney General.
       ``(B) Additional use.--In addition to being used as 
     specified in subparagraph (A), the funds referred to in that 
     subparagraph may be used by a State to pay the costs of 
     providing to the Attorney General a baseline study on the 
     mental health problems of juvenile offenders and prisoners in 
     the State, which study shall be consistent with guidelines 
     issued by the Attorney General.''.

     SEC. 8. INAPPLICABILITY OF AMENDMENTS.

       Section 3626 of title 18 is amended by adding at the end 
     the following:
       ``(h) Inapplicability of Amendments.--A civil action that 
     seeks to remedy conditions which pose a threat to the health 
     of individuals who are--
       ``(1) under the age of 16; or
       ``(2) mentally ill;
     shall be governed by the terms of this section, as in effect 
     on the day before the date of enactment of the Prison 
     Litigation Reform Act of 1995 and the amendments made by that 
     Act (18 U.S.C. 3601 note).''.

                          ____________________