[Congressional Record Volume 150, Number 20 (Tuesday, February 24, 2004)]
[Senate]
[Pages S1522-S1523]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. DeWINE (for himself, Mr. Leahy, and Mr. Domenici):
  S. 2107. A bill to authorize an annual appropriations of $10,000,000 
for mental health courts through fiscal year 2009; to the Committee on 
the Judiciary.
  Mr. DeWINE. Mr. President, I rise today to introduce a bill that 
would reauthorize America's Law Enforcement and Mental Health Project. 
This program addresses the impact that mentally ill offenders have had 
on our criminal justice system and the impact the system has had on the 
offenders and their special needs.
  My interest in, and experience with this issue began over thirty 
years ago, when I was working as Assistant County Prosecuting Attorney 
in Greene County, OH, and then as County Prosecutor. What I learned 
then--and what I have continued to encounter throughout my career in 
public service--is that our State and local correctional facilities 
have become way stations for far too many mentally ill individuals in 
our Nation.
  A recent Justice Department study revealed that 16 percent of all 
inmates in America's State prisons and local jails today are mentally 
ill. The American Jails Association estimates that 600,000 to 700,000 
seriously mentally ill persons each year are booked into local jails, 
alone. In Ohio, nearly 1 in 5 prisoners need psychiatric services or 
special accommodations.
  Far too many of our Nation's mentally ill persons have ended up in 
our prisons and jails. In fact, on any given day, the Los Angeles 
County Jail is home to more mentally ill inmates than the largest 
mental health care institution in our country. What happens is that all 
too often, the mentally ill act out their symptoms on the streets. They 
are arrested for minor offenses and wind up in jail. They serve their 
sentences or are paroled, but find themselves right back in the system 
only a short time later after committing additional--often more 
serious--crimes.
  Throughout this destructive cycle, law enforcement and corrections 
spend time and money trying to cope with the unique problems posed by 
these individuals. Certainly, many mentally ill offenders must be 
incarcerated because of the severity of their crimes. However, those 
who commit very minor non-violent offenses don't necessarily need to be 
incarcerated; instead, if given appropriate care early, their illnesses 
could be addressed, helping the offenders, while reducing recidivism 
and decreasing the burdens on our police and corrections officials.
  That's why, four years ago Senator Domenici and I introduced 
America's Law Enforcement and Mental Health Project, to begin to 
identify--early in the process--mentally ill offenders within our 
justice system and to use the power of the courts to assist them in 
obtaining the treatment they need.

  This program has been a success. In pilot programs around the 
country, mental health courts have begun to help local communities take 
steps toward effectively addressing the issues raised by the mentally 
ill in our justice system, and these steps must continue. That's why 
Senators Leahy and Domenici join me in cosponsoring this bill to 
reauthorize this important program.
  America's Law Enforcement and Mental Health Project established a 
Federal grant program to help States and localities develop mental 
health courts in their jurisdictions. These courts are specialized 
courts with separate dockets. They hear cases exclusively involving 
nonviolent offenses committed by mentally ill individuals. 
Fundamentally, mental health courts enable State and local courts to 
offer alternative sentences or alternatives to prosecution for those 
offenders who could be served best by mental health services. These 
courts are designed to address the historic lack of coordination 
between local law enforcement and social service systems and the lack 
of interaction within the criminal justice system.
  To deal with the separate needs of mentally ill offenders, these 
mental health courts are staffed by a core group of specialized 
professionals, including a dedicated judge, prosecutor, public 
defender, and court liaison to the mental health services community. 
The courts promote efficiency and consistency by centrally managing all 
outstanding cases involving a mentally ill defendant referred to the 
mental health court.
  Mental health court judges decide whether or not to hear each case 
referred to them. The courts only deal with defendants deemed mentally 
ill by qualified mental health professionals or the mental health court 
judge. Similarly, participation in the court by the mentally ill is 
voluntary; however, once the defendant volunteers for the Mental Health 
Court, he or she is expected to follow the decision of the court. For 
instance, in any given case, the mental health court judge, attorneys, 
and health services liaison may all agree on a plan of treatment as an 
alternative sentence or in lieu of prosecution. The defendant must 
adhere strictly to this court-imposed treatment plan. The court must 
then provide supervision with periodic review. This way, the court can 
quickly deal with any failure of the defendant to fulfill the treatment 
plan obligations. The mental health courts provide supervision of 
participants that is more intensive than might otherwise be available, 
with an emphasis on accountability and monitoring the participant's 
performance. In this sense, the mental health courts function similarly 
to drug courts.
  Mr. President, mentally ill persons who choose to have their cases 
heard in a mental health court often do so because that is the first 
real opportunity that many of these people have to seek treatment. A 
judicial program offering the possibility of effective treatment--
rather than jail time--gives a measure of hope and a chance for 
rehabilitation to these defendants.
  The successes of mental health courts are encouraging and show that 
we can improve the health and safety of our communities through these 
programs. For example, in Ohio, the Fairfield Municipal Mental Health 
Court began its program on January 1, 2001. Of those participating in 
the Fairfield program, 46 percent are bipolar, 42 percent suffer from 
depression, and 13 percent are schizophrenic. It recently conducted its 
first ``graduation'' ceremony of program participants. The program's

[[Page S1523]]

first graduate came to them hostile, uncommunicative, and unable to 
function in society due to her bipolar mood disorder. Two years later, 
she left the program confident, talkative, healthier, and reconnected 
to her family and her life.
  Many jurisdictions across America have established mental health 
courts as a result of the program that we established four years ago. 
Our Nation's communities are trying desperately to find the best way to 
cope with the problems associated with mental illness. Law enforcement 
agencies and correctional facilities remain challenged by difficulties 
posed by mental illnesses. Mental health courts offer a solution.
  Mental health courts have shown great success, and we must ensure 
their continuation. Our Nation has long been enriched by the dual 
ideals of compassion and justice, and these programs are a wonderful 
embodiment of both ideals. I urge my colleagues to join in support of 
this important legislation.
  I ask unanimous consent that 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. 2107

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

     SECTION 1. AUTHORIZATION OF APPROPRIATIONS.

       Section 1001(a)(20) of title I of the Omnibus Crime Control 
     and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(20)) is 
     amended by striking ``fiscal years 2001 through 2004'' and 
     inserting ``fiscal years 2004 through 2009''.
                                 ______