[Congressional Record Volume 149, Number 152 (Monday, October 27, 2003)]
[Senate]
[Pages S13317-S13322]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    MENTALLY ILL OFFENDER TREATMENT AND CRIME REDUCTION ACT OF 2003

  Mr. McCONNELL. Mr. President, I ask unanimous consent that the Senate 
proceed to immediate consideration of Calendar No. 321, S. 1194.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1194) to foster local collaborations which will 
     ensure that resources are effectively and efficiently used 
     within the criminal and juvenile justice systems.

  There being no objection, the Senate proceeded to consider the bill, 
which had been reported from the Committee on the Judiciary with an 
amendment, as follows:
  [Strike the part in black brackets and insert the part in Italics.]

                                S. 1194

       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 ``Mentally Ill Offender 
     Treatment and Crime Reduction Act of 2003''.

     [SEC. 2. FINDINGS.

       [Congress finds the following:
       [(1) According to the Bureau of Justice Statistics, over 16 
     percent of adults incarcerated in United States jails and 
     prisons have a mental illness.
       [(2) According to the Office of Juvenile Justice and 
     Delinquency Prevention, approximately 20 percent of youth in 
     the juvenile justice system have serious mental health 
     problems, and a significant number

[[Page S13318]]

     have co-occurring mental health and substance abuse 
     disorders.
       [(3) According to the National Alliance for the Mentally 
     Ill, up to 40 percent of adults who suffer from a serious 
     mental illness will come into contact with the American 
     criminal justice system at some point in their lives.
       [(4) According to the Office of Juvenile Justice and 
     Delinquency Prevention, over 150,000 juveniles who come into 
     contact with the juvenile justice system each year meet the 
     diagnostic criteria for at least 1 mental or emotional 
     disorder.
       [(5) A significant proportion of adults with a serious 
     mental illness who are involved with the criminal justice 
     system are homeless or at imminent risk of homelessness; and 
     many of these individuals are arrested and jailed for minor, 
     nonviolent offenses.
       [(6) The majority of individuals with a mental illness or 
     emotional disorder who are involved in the criminal or 
     juvenile justice systems are responsive to medical and 
     psychological interventions that integrate treatment, 
     rehabilitation, and support services.
       [(7) Collaborative programs between mental health, 
     substance abuse, and criminal or juvenile justice systems 
     that ensure the provision of services for those with mental 
     illness or co-occurring mental illness and substance abuse 
     disorders can reduce the number of such individuals in adult 
     and juvenile corrections facilities, while providing improved 
     public safety.

     [SEC. 3. PURPOSE.

       [The purpose of this Act is to increase public safety by 
     facilitating collaboration among the criminal justice, 
     juvenile justice, mental health treatment, and substance 
     abuse systems. Such collaboration is needed to--
       [(1) reduce rearrests among adult and juvenile offenders 
     with mental illness, or co-occurring mental illness and 
     substance abuse disorders;
       [(2) provide courts, including existing and new mental 
     health courts, with appropriate mental health and substance 
     abuse treatment options;
       [(3) maximize the use of alternatives to prosecution 
     through diversion in appropriate cases involving non-violent 
     offenders with mental illness;
       [(4) promote adequate training for criminal justice system 
     personnel about mental illness and substance abuse disorders 
     and the appropriate responses to people with such illnesses;
       [(5) promote adequate training for mental health treatment 
     personnel about criminal offenders with mental illness and 
     the appropriate response to such offenders in the criminal 
     justice system;
       [(6) promote communication between criminal justice or 
     juvenile justice personnel, mental health treatment 
     personnel, nonviolent offenders with mental illness, and 
     other support services such as housing, job placement, 
     community, and faith-based organizations; and
       [(7) promote communication, collaboration, and 
     intergovernmental partnerships among municipal, county, and 
     State elected officials with respect to mentally ill 
     offenders.

     [SEC. 4. DEPARTMENT OF JUSTICE MENTAL HEALTH AND CRIMINAL 
                   JUSTICE COLLABORATION PROGRAM.

       [(a) In General.--Title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 
     by adding at the end the following:

      [``PART HH--ADULT AND JUVENILE COLLABORATION PROGRAM GRANTS

     [``SEC. 2991. ADULT AND JUVENILE COLLABORATION PROGRAMS.

       [``(a) Definitions.--In this section, the following 
     definitions shall apply:
       [``(1) Applicant.--The term `applicant' means States, units 
     of local government, Indian tribes, and tribal organizations 
     that apply for a grant under this section.
       [``(2) Collaboration program.--The term `collaboration 
     program' means a program to promote public safety by ensuring 
     access to adequate mental health and other treatment services 
     for mentally ill adults or juveniles that is overseen 
     cooperatively by--
       [``(A) a criminal justice agency, a juvenile justice 
     agency, or a mental health court; and
       [``(B) a mental health agency.
       [``(3) Criminal or juvenile justice agency.--The term 
     `criminal or juvenile justice agency' means an agency of a 
     State or local government that is responsible for detection, 
     arrest, enforcement, prosecution, defense, adjudication, 
     incarceration, probation, or parole relating to the violation 
     of the criminal laws of that State or local government.
       [``(4) Diversion and alternative prosecution and 
     sentencing.--
       [``(A) In general.--The terms `diversion' and `alternative 
     prosecution and sentencing' mean the appropriate use of 
     effective mental health treatment alternatives to juvenile 
     justice or criminal justice system institutional placements 
     for preliminarily qualified offenders.
       [``(B) Appropriate use.--In this paragraph, the term 
     `appropriate use' includes the discretion of the judge or 
     supervising authority and the leveraging of justice sanctions 
     to encourage compliance with treatment.
       [``(5) Mental health agency.--The term `mental health 
     agency' means an agency of a State or local government that 
     is responsible for mental health services.
       [``(6) Mental health court.--The term `mental health court' 
     means a judicial program that meets the requirements of part 
     V of this title.
       [``(7) Mental illness.--The term `mental illness' means a 
     diagnosable mental, behavioral, or emotional disorder--
       [``(A) of sufficient duration to meet diagnostic criteria 
     within the most recent edition of the Diagnostic and 
     Statistical Manual of Mental Disorders published by the 
     American Psychiatric Association; and
       [``(B) that has resulted in functional impairment that 
     substantially interferes with or limits 1 or more major life 
     activities.
       [``(8) Preliminarily qualified offender.--The term 
     `preliminarily qualified offender' means an adult or juvenile 
     who--
       [``(A)(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; or
       [``(ii) manifests obvious signs of mental illness or co-
     occurring mental illness and substance abuse disorders during 
     arrest or confinement or before any court; and
       [``(B) has faced or is facing criminal charges and is 
     deemed eligible by a designated pretrial screening and 
     diversion process, or by a magistrate or judge, on the ground 
     that the commission of the offense is the product of the 
     person's mental illness.
       [``(9) Secretary.--The term `Secretary' means the Secretary 
     of the Department of Health and Human Services.
       [``(10) Unit of local government.--The term `unit of local 
     government' means any city, county, township, town, borough, 
     parish, village, or other general purpose political 
     subdivision of a State, including a State court, local court, 
     or a governmental agency located within a city, county, 
     township, town, borough, parish, or village.
       [``(b) Planning and Implementation Grants.--
       [``(1) In general.--The Attorney General, in consultation 
     with the Secretary, may award nonrenewable grants to eligible 
     applicants to prepare a comprehensive plan for and implement 
     an adult or juvenile collaboration program, which targets 
     adults or juveniles with mental illness or co-occurring 
     mental illness and substance abuse disorders in order to 
     promote public safety and public health.
       [``(2) Purposes.--Grants awarded under this section shall 
     be used to create or expand--
       [``(A) mental health courts or other court-based programs 
     for preliminarily qualified offenders;
       [``(B) programs that offer specialized training to the 
     officers and employees of a criminal or juvenile justice 
     agency and mental health personnel in procedures for 
     identifying the symptoms of mental illness and co-occurring 
     mental illness and substance abuse disorders in order to 
     respond appropriately to individuals with such illnesses;
       [``(C) programs that support cooperative efforts by 
     criminal and juvenile justice agencies and mental health 
     agencies to promote public safety by offering mental health 
     treatment services and, where appropriate, substance abuse 
     treatment services for--
       [``(i) preliminarily qualified offenders with mental 
     illness or co-occurring mental illness and substance abuse 
     disorders; or
       [``(ii) adult offenders with mental illness during periods 
     of incarceration, while under the supervision of a criminal 
     justice agency, or following release from correctional 
     facilities; and
       [``(D) programs that support intergovernmental cooperation 
     between State and local governments with respect to the 
     mentally ill offender.
       [``(3) Applications.--
       [``(A) In general.--To receive a planning grant or an 
     implementation grant, the joint applicants shall prepare and 
     submit a single application to the Attorney General at such 
     time, in such manner, and containing such information as the 
     Attorney General and the Secretary shall reasonably require. 
     An application under part V of this title may be made in 
     conjunction with an application under this section.
       [``(B) Combined planning and implementation grant 
     application.--The Attorney General and the Secretary shall 
     develop a procedure under which applicants may apply at the 
     same time and in a single application for a planning grant 
     and an implementation grant, with receipt of the 
     implementation grant conditioned on successful completion of 
     the activities funded by the planning grant.
       [``(4) Planning grants.--
       [``(A) Application.--The joint applicants may apply to the 
     Attorney General for a nonrenewable planning grant to develop 
     a collaboration program.
       [``(B) Contents.--The Attorney General and the Secretary 
     may not approve a planning grant unless the application for 
     the grant includes or provides, at a minimum, for a budget 
     and a budget justification, a description of the outcome 
     measures that will be used to measure the effectiveness of 
     the program in promoting public safety and public health, the 
     activities proposed (including the provision of substance 
     abuse treatment services, where appropriate) and a schedule 
     for completion of such activities, and the personnel 
     necessary to complete such activities.

[[Page S13319]]

       [``(C) Period of grant.--A planning grant shall be 
     effective for a period of 1 year, beginning on the first day 
     of the month in which the planning grant is made. Applicants 
     may not receive more than 1 such planning grant.
       [``(D) Amount.--The amount of a planning grant may not 
     exceed $75,000, except that the Attorney General may, for 
     good cause, approve a grant in a higher amount.
       [``(E) Collaboration set aside.--Up to 5 percent of all 
     planning funds shall be used to foster collaboration between 
     State and local governments in furtherance of the purposes 
     set forth in the Mentally Ill Offender Treatment and Crime 
     Reduction Act of 2003.
       [``(5) Implementation grants.--
       [``(A) Application.--Joint applicants that have prepared a 
     planning grant application may apply to the Attorney General 
     for approval of a nonrenewable implementation grant to 
     develop a collaboration program.
       [``(B) Collaboration.--To receive an implementation grant, 
     the joint applicants shall--
       [``(i) document that at least 1 criminal or juvenile 
     justice agency (which can include a mental health court) and 
     1 mental health agency will participate in the administration 
     of the collaboration program;
       [``(ii) describe the responsibilities of each participating 
     agency, including how each agency will use grant resources to 
     jointly ensure that the provision of mental health treatment 
     services is integrated with the provision of substance abuse 
     treatment services, where appropriate;
       [``(iii) in the case of an application from a unit of local 
     government, document that a State mental health authority has 
     provided comment and review; and
       [``(iv) involve, to the extent practicable, in developing 
     the grant application--

       [``(I) individuals with mental illness or co-occurring 
     mental illness and substance abuse disorders; or
       [``(II) the families and advocates of such individuals 
     under subclause (I).

       [``(C) Content.--To be eligible for an implementation 
     grant, joint applicants shall comply with the following:
       [``(i) Definition of target population.--Applicants for an 
     implementation grant shall--

       [``(I) describe the population with mental illness or co-
     occurring mental illness and substance abuse disorders that 
     is targeted for the collaboration program; and
       [``(II) develop guidelines that can be used by personnel of 
     a criminal or juvenile justice agency to identify individuals 
     with mental illness or co-occurring mental illness and 
     substance abuse disorders.

       [``(ii) Services.--Applicants for an implementation grant 
     shall--

       [``(I) ensure that preliminarily qualified offenders who 
     are to receive treatment services under the collaboration 
     program will first receive individualized, needs-based 
     assessments to determine, plan, and coordinate the most 
     appropriate services for such individuals;
       [``(II) specify plans for making mental health treatment 
     services available and accessible to mentally ill offenders 
     at the time of their release from the criminal justice 
     system, including outside of normal business hours;
       [``(III) ensure that preliminarily qualified offenders 
     served by the collaboration program will have access to 
     effective and appropriate community-based mental health 
     services, or, where appropriate, integrated substance abuse 
     and mental health treatment services;
       [``(IV) make available, to the extent practicable, other 
     support services that will ensure the preliminarily qualified 
     offender's successful reintegration into the community (such 
     as housing, education, job placement, mentoring, and health 
     care and benefits, as well as the services of faith-based and 
     community organizations for mentally ill individuals served 
     by the collaboration program); and
       [``(V) include strategies to address developmental and 
     learning disabilities and problems arising from a documented 
     history of physical or sexual abuse.

       [``(D) Housing and job placement.--Recipients of an 
     implementation grant may use grant funds to assist mentally 
     ill offenders compliant with the program in seeking housing 
     or employment assistance.
       [``(E) Policies and procedures.--Applicants for an 
     implementation grant shall strive to ensure prompt access to 
     defense counsel by criminal defendants with mental illness 
     who are facing charges that would trigger a constitutional 
     right to counsel.
       [``(F) Financial.--Applicants for an implementation grant 
     shall--
       [``(i) explain the applicant's inability to fund the 
     collaboration program adequately without Federal assistance;
       [``(ii) specify how the Federal support provided will be 
     used to supplement, and not supplant, State, local, Indian 
     tribe, or tribal organization sources of funding that would 
     otherwise be available, including billing third-party 
     resources for services already covered under programs (such 
     as medicaid, medicare, and the State Children's Insurance 
     Program); and
       [``(iii) outline plans for obtaining necessary support and 
     continuing the proposed collaboration program following the 
     conclusion of Federal support.
       [``(G) Outcomes.--Applicants for an implementation grant 
     shall--
       [``(i) identify methodology and outcome measures, as 
     required by the Attorney General and the Secretary, to be 
     used in evaluating the effectiveness of the collaboration 
     program;
       [``(ii) ensure mechanisms are in place to capture data, 
     consistent with the methodology and outcome measures under 
     clause (i); and
       [``(iii) submit specific agreements from affected agencies 
     to provide the data needed by the Attorney General and the 
     Secretary to accomplish the evaluation under clause (i).
       [``(H) State plans.--Applicants for an implementation grant 
     shall describe how the adult or juvenile collaboration 
     program relates to existing State criminal or juvenile 
     justice and mental health plans and programs.
       [``(I) Use of funds.--Applicants that receive an 
     implementation grant may use funds for 1 or more of the 
     following purposes:
       [``(i) Mental health courts and diversion/alternative 
     prosecution and sentencing programs.--Funds may be used to 
     create or expand existing mental health courts that meet 
     program requirements established by the Attorney General 
     under part V of this title or diversion and alternative 
     prosecution and sentencing programs (including crisis 
     intervention teams and treatment accountability services for 
     communities) that meet requirements established by the 
     Attorney General and the Secretary.
       [``(ii) Training.--Funds may be used to create or expand 
     programs, such as crisis intervention training, which offer 
     specialized training to--

       [``(I) criminal justice system personnel to identify and 
     respond appropriately to the unique needs of an adult or 
     juvenile with mental illness or co-occurring mental illness 
     and substance abuse disorders; or
       [``(II) mental health system personnel to respond 
     appropriately to the treatment needs of preliminarily 
     qualified offenders.

       [``(iii) Service delivery.--Funds may be used to create or 
     expand programs that promote public safety by providing the 
     services described in subparagraph (C)(ii) to preliminarily 
     qualified offenders.
       [``(iv) In-jail and transitional services.--Funds may be 
     used to promote and provide mental health treatment for those 
     incarcerated or for transitional re-entry programs for those 
     released from any penal or correctional institution.
       [``(J) Geographic distribution of grants.--The Attorney 
     General, in consultation with the Secretary, shall ensure 
     that planning and implementation grants are equitably 
     distributed among the geographical regions of the United 
     States and between urban and rural populations.
       [``(c) Priority.--The Attorney General, in awarding funds 
     under this section, shall give priority to applications 
     that--
       [``(1) demonstrate the strongest commitment to ensuring 
     that such funds are used to promote both public health and 
     public safety;
       [``(2) demonstrate the active participation of each co-
     applicant in the administration of the collaboration program; 
     and
       [``(3) have the support of both the Attorney General and 
     the Secretary.
       [``(d) Matching Requirements.--
       [``(1) Federal share.--The Federal share of the cost of a 
     collaboration program carried out by a State, unit of local 
     government, Indian tribe, or tribal organization under this 
     section shall not exceed--
       [``(A) 80 percent of the total cost of the program during 
     the first 2 years of the grant;
       [``(B) 60 percent of the total cost of the program in year 
     3; and
       [``(C) 25 percent of the total cost of the program in years 
     4 and 5.
       [``(2) Non-federal share.--The non-Federal share of 
     payments made under this section may be made in cash or in-
     kind fairly evaluated, including planned equipment or 
     services.
       [``(e) Federal Use of Funds.--The Attorney General, in 
     consultation with the Secretary, in administering grants 
     under this section, may use up to 3 percent of funds 
     appropriated to--
       [``(1) research the use of alternatives to prosecution 
     through pretrial diversion in appropriate cases involving 
     individuals with mental illness;
       [``(2) offer specialized training to personnel of criminal 
     and juvenile justice agencies in appropriate diversion 
     techniques;
       [``(3) provide technical assistance to local governments, 
     mental health courts, and diversion programs, including 
     technical assistance relating to program evaluation;
       [``(4) help localities build public understanding and 
     support for community reintegration of individuals with 
     mental illness;
       [``(5) develop a uniform program evaluation process; and
       [``(6) conduct a national evaluation of the collaboration 
     program that will include an assessment of its cost-
     effectiveness.
       [``(f) Interagency Task Force.--
       [``(1) In general.--The Attorney General and the Secretary 
     shall establish an interagency task force with the 
     Secretaries of Housing and Urban Development, Labor, 
     Education, and Veterans Affairs and the Commissioner of 
     Social Security, or their designees.
       [``(2) Responsibilities.--The task force established under 
     paragraph (1) shall--
       [``(A) identify policies within their departments which 
     hinder or facilitate local collaborative initiatives for 
     adults or juveniles

[[Page S13320]]

     with mental illness or co-occurring mental illness and 
     substance abuse disorders; and
       [``(B) submit, not later than 2 years after the date of 
     enactment of this section, a report to Congress containing 
     recommendations for improved interdepartmental collaboration 
     regarding the provision of services to adults and juveniles 
     with mental illness or co-occurring mental illness and 
     substance abuse disorders.
       [``(g) Minimum Allocation.--Unless all eligible 
     applications submitted by any State or unit of local 
     government within such State for a planning or implementation 
     grant under this section have been funded, such State, 
     together with grantees within the State (other than Indian 
     tribes), shall be allocated in each fiscal year under this 
     section not less than 0.75 percent of the total amount 
     appropriated in the fiscal year for planning or 
     implementation grants pursuant to this section.
       [``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Department of Justice to 
     carry out this section--
       [``(1) $100,000,000 for each of fiscal years 2004 and 2005; 
     and
       [``(2) such sums as may be necessary for fiscal years 2006 
     through 2008.''.
       [(b) List of ``Best Practices''.--The Attorney General, in 
     consultation with the Secretary of Health and Human Services, 
     shall develop a list of ``best practices'' for appropriate 
     diversion from incarceration of adult and juvenile offenders.
       [(c) Technical Amendment.--The table of contents of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.) is amended by adding at the end the 
     following:

      [``Part HH--Adult and Juvenile Collaboration Program Grants

[``Sec. 2991. Adult and juvenile collaboration programs.''.]

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Mentally Ill Offender 
     Treatment and Crime Reduction Act of 2003''.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) According to the Bureau of Justice Statistics, over 16 
     percent of adults incarcerated in United States jails and 
     prisons have a mental illness.
       (2) According to the Office of Juvenile Justice and 
     Delinquency Prevention, approximately 20 percent of youth in 
     the juvenile justice system have serious mental health 
     problems, and a significant number have co-occurring mental 
     health and substance abuse disorders.
       (3) According to the National Alliance for the Mentally 
     Ill, up to 40 percent of adults who suffer from a serious 
     mental illness will come into contact with the American 
     criminal justice system at some point in their lives.
       (4) According to the Office of Juvenile Justice and 
     Delinquency Prevention, over 150,000 juveniles who come into 
     contact with the juvenile justice system each year meet the 
     diagnostic criteria for at least 1 mental or emotional 
     disorder.
       (5) A significant proportion of adults with a serious 
     mental illness who are involved with the criminal justice 
     system are homeless or at imminent risk of homelessness; and 
     many of these individuals are arrested and jailed for minor, 
     nonviolent offenses.
       (6) The majority of individuals with a mental illness or 
     emotional disorder who are involved in the criminal or 
     juvenile justice systems are responsive to medical and 
     psychological interventions that integrate treatment, 
     rehabilitation, and support services.
       (7) Collaborative programs between mental health, substance 
     abuse, and criminal or juvenile justice systems that ensure 
     the provision of services for those with mental illness or 
     co-occurring mental illness and substance abuse disorders can 
     reduce the number of such individuals in adult and juvenile 
     corrections facilities, while providing improved public 
     safety.

     SEC. 3. PURPOSE.

       The purpose of this Act is to increase public safety by 
     facilitating collaboration among the criminal justice, 
     juvenile justice, mental health treatment, and substance 
     abuse systems. Such collaboration is needed to--
       (1) reduce rearrests among adult and juvenile offenders 
     with mental illness or co-occurring mental illness and 
     substance abuse disorders;
       (2) provide courts, including existing and new mental 
     health courts, with appropriate mental health and substance 
     abuse treatment options;
       (3) maximize the use of alternatives to prosecution through 
     diversion in appropriate cases involving non-violent 
     offenders with mental illness;
       (4) promote adequate training for criminal justice system 
     personnel about mental illness and substance abuse disorders 
     and the appropriate responses to people with such illnesses;
       (5) promote adequate training for mental health and 
     substance abuse treatment personnel about criminal offenders 
     with mental illness or co-occurring mental illness of 
     substance abuse disorders and the appropriate response to 
     such offenders in the criminal justice system;
       (6) promote communication between criminal justice or 
     juvenile justice personnel, mental health and co-occurring 
     mental illness and substance abuse disorders treatment 
     personnel, nonviolent offenders with mental illness or co-
     occurring mental illness and substance abuse disorders, and 
     other support services such as housing, job placement, 
     community, and faith-based organizations; and
       (7) promote communication, collaboration, and 
     intergovernmental partnerships among municipal, county, and 
     State elected officials with respect to mentally ill 
     offenders.

     SEC. 4. DEPARTMENT OF JUSTICE MENTAL HEALTH AND CRIMINAL 
                   JUSTICE COLLABORATION PROGRAM.

       (a) In General.--Title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended 
     by adding at the end the following:

       ``PART HH--ADULT AND JUVENILE COLLABORATION PROGRAM GRANTS

     ``SEC. 2991. ADULT AND JUVENILE COLLABORATION PROGRAMS.

       ``(a) Definitions.--In this section, the following 
     definitions shall apply:
       ``(1) Applicant.--The term `applicant' means States, units 
     of local government, Indian tribes, and tribal organizations 
     that apply for a grant under this section.
       ``(2) Collaboration program.--The term `collaboration 
     program' means a program to promote public safety by ensuring 
     access to adequate mental health and other treatment services 
     for mentally ill adults or juveniles that is overseen 
     cooperatively by--
       ``(A) a criminal justice agency, a juvenile justice agency, 
     or a mental health court; and
       ``(B) a mental health agency.
       ``(3) Criminal or juvenile justice agency.--The term 
     `criminal or juvenile justice agency' means an agency of a 
     State or local government or its contracted agency that is 
     responsible for detection, arrest, enforcement, prosecution, 
     defense, adjudication, incarceration, probation, or parole 
     relating to the violation of the criminal laws of that State 
     or local government.
       ``(4) Diversion and alternative prosecution and 
     sentencing.--
       ``(A) In general.--The terms `diversion' and `alternative 
     prosecution and sentencing' mean the appropriate use of 
     effective mental health treatment alternatives to juvenile 
     justice or criminal justice system institutional placements 
     for preliminarily qualified offenders.
       ``(B) Appropriate use.--In this paragraph, the term 
     `appropriate use' includes the discretion of the judge or 
     supervising authority, the leveraging of justice sanctions to 
     encourage compliance with treatment, and law enforcement 
     diversion, including crisis intervention teams.
       ``(5) Mental health agency.--The term `mental health 
     agency' means an agency of a State or local government or its 
     contracted agency that is responsible for mental health 
     services or co-occurring mental health and substance abuse 
     disorders.
       ``(6) Mental health court.--The term `mental health court' 
     means a judicial program that meets the requirements of part 
     V of this title.
       ``(7) Mental illness.--The term `mental illness' means a 
     diagnosable mental, behavioral, or emotional disorder--
       ``(A) of sufficient duration to meet diagnostic criteria 
     within the most recent edition of the Diagnostic and 
     Statistical Manual of Mental Disorders published by the 
     American Psychiatric Association; and
       ``(B)(i) that, in the case of an adult, has resulted in 
     functional impairment that substantially interferes with or 
     limits 1 or more major life activities; or
       ``(ii) that, in the case of a juvenile, has resulted in 
     functional impairment that substantially interferes with or 
     limits the juvenile's role or functioning in family, school, 
     or community activities.
       ``(8) Preliminarily qualified offender.--The term 
     `preliminarily qualified offender' means a nonviolent adult 
     or juvenile who--
       ``(A)(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; or
       ``(ii) manifests obvious signs of mental illness or co-
     occurring mental illness and substance abuse disorders during 
     arrest or confinement or before any court; and
       ``(B) has faced, is facing, or could face criminal charges 
     and is deemed eligible by a diversion process, designated 
     pretrial screening process, or by a magistrate or judge, on 
     the ground that the commission of the offense is the product 
     of the person's mental illness.
       ``(9) Secretary.--The term `Secretary' means the Secretary 
     of the Department of Health and Human Services.
       ``(10) Unit of local government.--The term `unit of local 
     government' means any city, county, township, town, borough, 
     parish, village, or other general purpose political 
     subdivision of a State, including a State court, local court, 
     or a governmental agency located within a city, county, 
     township, town, borough, parish, or village.
       ``(b) Planning and Implementation Grants.--
       ``(1) In general.--The Attorney General, in consultation 
     with the Secretary, may award nonrenewable grants to eligible 
     applicants to prepare a comprehensive plan for and implement 
     an adult or juvenile collaboration program, which targets 
     preliminary qualified offenders in order to promote public 
     safety and public health.
       ``(2) Purposes.--Grants awarded under this section shall be 
     used to create or expand--
       ``(A) mental health courts or other court-based programs 
     for preliminarily qualified offenders;
       ``(B) programs that offer specialized training to the 
     officers and employees of a criminal or juvenile justice 
     agency and mental health personnel serving those with co-
     occurring mental illness and substance abuse problems in 
     procedures for identifying the symptoms of preliminary 
     qualified offenders in order to respond appropriately to 
     individuals with such illnesses;
       ``(C) programs that support cooperative efforts by criminal 
     and juvenile justice agencies and mental health agencies to 
     promote public safety by offering mental health treatment 
     services and, where appropriate, substance abuse treatment 
     services for--

[[Page S13321]]

       ``(i) preliminarily qualified offenders with mental illness 
     or co-occurring mental illness and substance abuse disorders; 
     or
       ``(ii) adult offenders with mental illness during periods 
     of incarceration, while under the supervision of a criminal 
     justice agency, or following release from correctional 
     facilities; and
       ``(D) programs that support intergovernmental cooperation 
     between State and local governments with respect to the 
     mentally ill offender.
       ``(3) Applications.--
       ``(A) In general.--To receive a planning grant or an 
     implementation grant, the joint applicants shall prepare and 
     submit a single application to the Attorney General at such 
     time, in such manner, and containing such information as the 
     Attorney General and the Secretary shall reasonably require. 
     An application under part V of this title may be made in 
     conjunction with an application under this section.
       ``(B) Combined planning and implementation grant 
     application.--The Attorney General and the Secretary shall 
     develop a procedure under which applicants may apply at the 
     same time and in a single application for a planning grant 
     and an implementation grant, with receipt of the 
     implementation grant conditioned on successful completion of 
     the activities funded by the planning grant.
       ``(4) Planning grants.--
       ``(A) Application.--The joint applicants may apply to the 
     Attorney General for a nonrenewable planning grant to develop 
     a collaboration program.
       ``(B) Contents.--The Attorney General and the Secretary may 
     not approve a planning grant unless the application for the 
     grant includes or provides, at a minimum, for a budget and a 
     budget justification, a description of the outcome measures 
     that will be used to measure the effectiveness of the program 
     in promoting public safety and public health, the activities 
     proposed (including the provision of substance abuse 
     treatment services, where appropriate) and a schedule for 
     completion of such activities, and the personnel necessary to 
     complete such activities.
       ``(C) Period of grant.--A planning grant shall be effective 
     for a period of 1 year, beginning on the first day of the 
     month in which the planning grant is made. Applicants may not 
     receive more than 1 such planning grant.
       ``(D) Amount.--The amount of a planning grant may not 
     exceed $75,000, except that the Attorney General may, for 
     good cause, approve a grant in a higher amount.
       ``(E) Collaboration set aside.--Up to 5 percent of all 
     planning funds shall be used to foster collaboration between 
     State and local governments in furtherance of the purposes 
     set forth in the Mentally Ill Offender Treatment and Crime 
     Reduction Act of 2003.
       ``(5) Implementation grants.--
       ``(A) Application.--Joint applicants that have prepared a 
     planning grant application may apply to the Attorney General 
     for approval of a nonrenewable implementation grant to 
     develop a collaboration program.
       ``(B) Collaboration.--To receive an implementation grant, 
     the joint applicants shall--
       ``(i) document that at least 1 criminal or juvenile justice 
     agency (which can include a mental health court) and 1 mental 
     health agency or agency providing mental health and substance 
     abuse services to those with co-occurring mental health and 
     substance abuse disorders will participate in the 
     administration of the collaboration program;
       ``(ii) describe the responsibilities of each participating 
     agency, including how each agency will use grant resources to 
     jointly ensure that the provision of mental health treatment 
     services and qualified substance abuse services is 
     coordinated, which includes consultation, collaboration, and 
     integrated services, where clinically appropriate;
       ``(iii) in the case of an application from a unit of local 
     government, document that a State mental health authority has 
     provided comment and review; and
       ``(iv) involve, to the extent practicable, in developing 
     the grant application--

       ``(I) preliminary qualified offenders; or
       ``(II) the families and advocates of such individuals under 
     subclause (I).

       ``(C) Content.--To be eligible for an implementation grant, 
     joint applicants shall comply with the following:
       ``(i) Definition of target population.--Applicants for an 
     implementation grant shall--

       ``(I) describe the population with mental illness or co-
     occurring mental illness and substance abuse disorders that 
     is targeted for the collaboration program; and

       ``(II) develop guidelines that can be used by personnel of 
     a criminal or juvenile justice agency to identify preliminary 
     qualified offenders.

       ``(ii) Services.--Applicants for an implementation grant 
     shall--

       ``(I) ensure that preliminarily qualified offenders who are 
     to receive treatment services under the collaboration program 
     will first receive individualized, needs-based assessments to 
     determine, plan, and coordinate the most appropriate services 
     for such individuals;
       ``(II) specify plans for making mental health, or mental 
     health and substance abuse, treatment services available and 
     accessible to preliminary qualified offenders at the time of 
     their release from the criminal justice system, including 
     outside of normal business hours;
       ``(III) ensure that there are substance abuse personnel 
     available to respond appropriately to the treatment needs of 
     preliminary qualified offenders;
       ``(IV) ensure that preliminarily qualified offenders served 
     by the collaboration program will have access to effective 
     and appropriate community-based mental health services, or, 
     where clinically appropriate, coordinated substance abuse and 
     mental health treatment services;
       ``(V) make available, to the extent practicable, other 
     support services that will ensure the preliminarily qualified 
     offender's successful reintegration into the community (such 
     as housing, education, job placement, mentoring, and health 
     care and benefits, as well as the services of faith-based and 
     community organizations for mentally ill individuals served 
     by the collaboration program); and
       ``(VI) include strategies, to the extent practicable, to 
     address developmental and learning disabilities and problems 
     arising from a documented history of physical or sexual 
     abuse.

       ``(D) Housing and job placement.--Recipients of an 
     implementation grant may use grant funds to assist mentally 
     ill offenders compliant with the program in seeking housing 
     or employment assistance.
       ``(E) Policies and procedures.--Applicants for an 
     implementation grant shall strive to ensure prompt access to 
     defense counsel by criminal defendants with mental illness 
     who are facing charges that would trigger a constitutional 
     right to counsel.
       ``(F) Financial.--Applicants for an implementation grant 
     shall--
       ``(i) explain the applicant's inability to fund the 
     collaboration program adequately without Federal assistance;
       ``(ii) specify how the Federal support provided will be 
     used to supplement, and not supplant, State, local, Indian 
     tribe, or tribal organization sources of funding that would 
     otherwise be available, including billing third-party 
     resources for services already covered under programs (such 
     as medicaid, medicare, and the State Children's Insurance 
     Program); and
       ``(iii) outline plans for obtaining necessary support and 
     continuing the proposed collaboration program following the 
     conclusion of Federal support.
       ``(G) Outcomes.--Applicants for an implementation grant 
     shall--
       ``(i) identify methodology and outcome measures, as 
     required by the Attorney General and the Secretary, to be 
     used in evaluating the effectiveness of the collaboration 
     program;
       ``(ii) ensure mechanisms are in place to capture data, 
     consistent with the methodology and outcome measures under 
     clause (i); and
       ``(iii) submit specific agreements from affected agencies 
     to provide the data needed by the Attorney General and the 
     Secretary to accomplish the evaluation under clause (i).
       ``(H) State plans.--Applicants for an implementation grant 
     shall describe how the adult or juvenile collaboration 
     program relates to existing State criminal or juvenile 
     justice and mental health plans and programs.
       ``(I) Use of funds.--Applicants that receive an 
     implementation grant may use funds for 1 or more of the 
     following purposes:
       ``(i) Mental health courts and diversion/alternative 
     prosecution and sentencing programs.--Funds may be used to 
     create or expand existing mental health courts that meet 
     program requirements established by the Attorney General 
     under part V of this title, other court-based programs, or 
     diversion and alternative prosecution and sentencing programs 
     (including crisis intervention teams and treatment 
     accountability services for communities) that meet 
     requirements established by the Attorney General and the 
     Secretary.
       ``(ii) Training.--Funds may be used to create or expand 
     programs, such as crisis intervention training, which offer 
     specialized training to--

       ``(I) criminal justice system personnel to identify and 
     respond appropriately to the unique needs of preliminary 
     qualified offenders; or

       ``(II) mental health system personnel to respond 
     appropriately to the treatment needs of preliminarily 
     qualified offenders.

       ``(iii) Service delivery.--Funds may be used to create or 
     expand programs that promote public safety by providing the 
     services described in subparagraph (C)(ii) to preliminarily 
     qualified offenders.
       ``(iv) In-jail and transitional services.--Funds may be 
     used to promote and provide mental health treatment for those 
     incarcerated or for transitional re-entry programs for those 
     released from any penal or correctional institution.
       ``(J) Geographic distribution of grants.--The Attorney 
     General, in consultation with the Secretary, shall ensure 
     that planning and implementation grants are equitably 
     distributed among the geographical regions of the United 
     States and between urban and rural populations.
       ``(c) Priority.--The Attorney General, in awarding funds 
     under this section, shall give priority to applications 
     that--
       ``(1) demonstrate the strongest commitment to ensuring that 
     such funds are used to promote both public health and public 
     safety;
       ``(2) demonstrate the active participation of each co-
     applicant in the administration of the collaboration program; 
     and
       ``(3) have the support of both the Attorney General and the 
     Secretary.
       ``(d) Matching Requirements.--
       ``(1) Federal share.--The Federal share of the cost of a 
     collaboration program carried out by a State, unit of local 
     government, Indian tribe, or tribal organization under this 
     section shall not exceed--
       ``(A) 80 percent of the total cost of the program during 
     the first 2 years of the grant;
       ``(B) 60 percent of the total cost of the program in year 
     3; and
       ``(C) 25 percent of the total cost of the program in years 
     4 and 5.
       ``(2) Non-federal share.--The non-Federal share of payments 
     made under this section may be made in cash or in-kind fairly 
     evaluated, including planned equipment or services.
       ``(e) Federal Use of Funds.--The Attorney General, in 
     consultation with the Secretary, in administering grants 
     under this section, may use up to 3 percent of funds 
     appropriated to--

[[Page S13322]]

       ``(1) research the use of alternatives to prosecution 
     through pretrial diversion in appropriate cases involving 
     individuals with mental illness;
       ``(2) offer specialized training to personnel of criminal 
     and juvenile justice agencies in appropriate diversion 
     techniques;
       ``(3) provide technical assistance to local governments, 
     mental health courts, and diversion programs, including 
     technical assistance relating to program evaluation;
       ``(4) help localities build public understanding and 
     support for community reintegration of individuals with 
     mental illness;
       ``(5) develop a uniform program evaluation process; and
       ``(6) conduct a national evaluation of the collaboration 
     program that will include an assessment of its cost-
     effectiveness.
       ``(f) Interagency Task Force.--
       ``(1) In general.--The Attorney General and the Secretary 
     shall establish an interagency task force with the 
     Secretaries of Housing and Urban Development, Labor, 
     Education, and Veterans Affairs and the Commissioner of 
     Social Security, or their designees.
       ``(2) Responsibilities.--The task force established under 
     paragraph (1) shall--
       ``(A) identify policies within their departments that 
     hinder or facilitate local collaborative initiatives for 
     preliminary qualified offenders; and
       ``(B) submit, not later than 2 years after the date of 
     enactment of this section, a report to Congress containing 
     recommendations for improved interdepartmental collaboration 
     regarding the provision of services to preliminary qualified 
     offenders.
       ``(g) Minimum Allocation.--Unless all eligible applications 
     submitted by any State or unit of local government within 
     such State for a planning or implementation grant under this 
     section have been funded, such State, together with grantees 
     within the State (other than Indian tribes), shall be 
     allocated in each fiscal year under this section not less 
     than 0.75 percent of the total amount appropriated in the 
     fiscal year for planning or implementation grants pursuant to 
     this section.
       ``(h) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Department of Justice to 
     carry out this section--
       ``(1) $100,000,000 for each of fiscal years 2004 and 2005; 
     and
       ``(2) such sums as may be necessary for fiscal years 2006 
     through 2008.''.
       (b) List of ``Best Practices''.--The Attorney General, in 
     consultation with the Secretary of Health and Human Services, 
     shall develop a list of ``best practices'' for appropriate 
     diversion from incarceration of adult and juvenile offenders.
       (c) Technical Amendment.--The table of contents of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.) is amended by adding at the end the 
     following:

       ``Part HH--Adult and Juvenile Collaboration Program Grants

``Sec. 2991. Adult and juvenile collaboration programs.''.
  Mr. McCONNELL. Mr. President, I ask unanimous consent that the 
committee reported substitute amendment be agreed to, the bill, as 
amended, be read three times, passed, the motion to reconsider be laid 
upon the table, and that any statements relating to the bill be printed 
in the Record without intervening action or debate.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1194), as amended, was read the third time and passed.

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