[Congressional Record Volume 150, Number 125 (Wednesday, October 6, 2004)]
[House]
[Pages H8239-H8245]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




    MENTALLY ILL OFFENDER TREATMENT AND CRIME REDUCTION ACT OF 2004

  Mr. SENSENBRENNER. Mr. Speaker, I move to suspend the rules and pass 
the Senate bill (S. 1194) to foster local collaborations which will 
ensure that resources are effectively and efficiently used within the 
criminal and juvenile justice systems.
  The Clerk read as follows:

                                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 2004''.

     SEC. 2. FINDINGS.

       Congress finds the following:

[[Page H8240]]

       (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) protect public safety by intervening with 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 
     graduated sanctions in appropriate cases involving nonviolent 
     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 substance abuse disorders 
     and the appropriate response to such offenders in the 
     criminal justice system;
       (6) promote communication among adult 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 support services such as 
     housing, job placement, community, faith-based, and crime 
     victims 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 or 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 graduated sanctions 
     to encourage compliance with treatment, and law enforcement 
     diversion, including crisis intervention teams.
       ``(C) Graduated sanctions.--In this paragraph, the term 
     `graduated sanctions' means an accountability-based graduated 
     series of sanctions (including incentives, treatments, and 
     services) applicable to mentally ill offenders within both 
     the juvenile and adult justice system to hold individuals 
     accountable for their actions and to protect communities by 
     providing appropriate sanctions for inducing law-abiding 
     behavior and preventing subsequent involvement in the 
     criminal justice system.
       ``(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 
     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)(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) Nonviolent offense.--The term `nonviolent offense' 
     means an offense that does not have as an element the use, 
     attempted use, or threatened use of physical force against 
     the person or property of another or is not a felony that by 
     its nature involves a substantial risk that physical force 
     against the person or property of another may be used in the 
     course of committing the offense.
       ``(9) Preliminarily qualified offender.--The term 
     `preliminarily qualified offender' means an adult or juvenile 
     accused of a nonviolent offense 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 
     for a misdemeanor or nonviolent offense 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.
       ``(10) Secretary.--The term `Secretary' means the Secretary 
     of Health and Human Services.
       ``(11) 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 
     preliminarily 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 preliminarily 
     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--
       ``(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.--

[[Page H8241]]

       ``(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 2004.
       ``(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 
     provide supervision of offenders and jointly ensure that the 
     provision of mental health treatment services and substance 
     abuse services for individuals with co-occurring mental 
     health and substance abuse disorders are coordinated, which 
     may range from consultation or collaboration to integration 
     in a single setting or treatment model;
       ``(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) preliminarily qualified offenders;
       ``(II) the families and advocates of such individuals under 
     subclause (I); and
       ``(III) advocates for victims of crime.

       ``(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 
     an adult or juvenile justice agency to identify preliminarily 
     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, validated, 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 preliminarily 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 
     preliminarily qualified offenders;
       ``(IV) determine eligibility for Federal benefits;
       ``(V) ensure that preliminarily qualified offenders served 
     by the collaboration program will have adequate supervision 
     and access to effective and appropriate community-based 
     mental health services, including, in the case of individuals 
     with co-occurring mental health and substance abuse 
     disorders, coordinated services, which may range from 
     consultation or collaboration to integration in a single 
     setting treatment model;
       ``(VI) 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
       ``(VII) 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 preliminarily 
     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 and 
     transitional services 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;
       ``(3) document, in the case of an application for a grant 
     to be used in whole or in part to fund treatment services for 
     adults or juveniles during periods of incarceration or 
     detention, that treatment programs will be available to 
     provide transition and re-entry services for such 
     individuals; and
       ``(4) 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.

[[Page H8242]]

       ``(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 
     preliminarily 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 preliminarily 
     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) $50,000,000 for fiscal year 2005; and
       ``(2) such sums as may be necessary for fiscal years 2006 
     through 2009.''.
       (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.

  The SPEAKER pro tempore (Mr. Foley). Pursuant to the rule, the 
gentleman from Wisconsin (Mr. Sensenbrenner) and the gentlewoman from 
Texas (Ms. Jackson-Lee) each will control 20 minutes.
  The Chair recognizes the gentleman from Wisconsin (Mr. 
Sensenbrenner).


                             General Leave

  Mr. SENSENBRENNER. Mr. Speaker, I ask unanimous consent that all 
Members may have 5 legislative days within which to revise and extend 
their remarks and include extraneous material on S. 1194, the bill 
currently under consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentleman from Wisconsin?
  There was no objection.
  Mr. SENSENBRENNER. Mr. Speaker, I yield myself such time as I may 
consume.
  Before beginning my statement, let me state that after the committee 
filed the committee report on this legislation, we received a 
Congressional Budget Office cost estimate dated October 6, 2004, and I 
will insert this cost estimate into the Record at this point.

                                                  October 6, 2004.
     Hon F. James Sensenbrenner, Jr.,
     Chairman, Committee on the Judiciary, House of 
         Representatives, Washington, DC.
       Dear Mr. Chairman: The Congressional Budget Office has 
     prepared the enclosed cost estimate for S. 1194, the Mentally 
     Ill Offender Treatment and Crime Reduction Act of 2004.
       If you wish further details on this estimate, we will be 
     pleased to provide them. The CBO staff contact is Susanne S. 
     Mehlman.
           Sincerely,
                                              Douglas Holtz-Eakin,
                                                         Director.
       Enclosure.
     S. 1194--Mentally Ill Offender Treatment and Crime Reduction 
         Act of 2004
       Summary: S. 1194 would authorize the appropriation of $50 
     million for fiscal year 2005 and such sums as may be 
     necessary for the 2006-2009 period for the Department of 
     Justice to make grants to state and local governments to 
     improve the treatment of criminal offenders with mental 
     illnesses or substance abuse disorders. CBO estimates that 
     implementing the bill would cost $172 million over the 2005-
     2009 period, assuming the appropriation of the necessary 
     amounts. Enacting S. 1194 would not affect direct spending or 
     revenues.
       S. 1194 contains no intergovernmental or private-sector 
     mandates as defined in the Unfunded Mandates Reform Act 
     (UMRA). The creation of a new grant for mental health 
     programs in the state, local, or tribal justice systems would 
     benefit those governments.
       Estimated cost to the Federal Government: The estimated 
     budgetary impact of S. 1194 is shown in the following table. 
     For this estimate, CBO assumes that the authorized amounts 
     will be appropriated near the start of each fiscal year and 
     that outlays will follow the historical rate of spending for 
     similar programs. For the 2006-2009 authorization levels, CBO 
     estimated the necessary funding levels by adjusting the 
     fiscal year 2005 authorization level for anticipated 
     inflation. The costs of this legislation fall within budget 
     function 750 (administration of justice).

------------------------------------------------------------------------
                                         By fiscal year, in millions of
                                                   dollars--
                                      ----------------------------------
                                        2005   2006   2007   2008   2009
------------------------------------------------------------------------
              CHANGES IN SPENDING SUBJECT TO APPROPRIATION
 
Estimated Authorization Level........     50     51     52     53     55
Estimated Outlays....................     11     26     37     45     53
------------------------------------------------------------------------

       Intergovernmental and private-sector impact: S. 1194 
     contains no intergovernmental or private-sector mandates as 
     defined in UMRA and would benefit state, local, and tribal 
     governments by authorizing a joint grant program between 
     those justice systems and social service providers. These 
     grants could be used for planning and implementing 
     alternative court systems for defendants with mental illness, 
     creating training and treatment programs, and coordinating 
     efforts of state and local governments. Any costs to those 
     governments would be voluntarily as conditions of receiving 
     federal aid.
       Previous CBO estimate: On October 28, 2003, CBO transmitted 
     a cost estimate for S. 1194, as reported by the Senate 
     Committee on the Judiciary on October 23, 2003. The two 
     versions of the bill are similar, though the authorization 
     levels and timing of the authorizations differ and the cost 
     estimates reflect those differences.
       Estimate prepared by: Federal Costs: Susanne S. Mehlman; 
     Impact on State, Local, and Tribal Governments: Melissa 
     Merrell; and Impact on the Private Sector: Paige Piper/Bach.
       Estimate approved by: Peter H. Fontaine, Deputy Assistant 
     Director for Budget Analysis.
  Mr. Speaker, many of our Nation's inmates are mentally ill, and the 
system is not well equipped to deal with them. The Bureau of Justice 
Statistics estimated in 1999 that 16 percent of State prison inmates, 7 
percent of Federal inmates, and 16 percent of those in local jails or 
on probation reported either a mental condition or an overnight stay in 
a mental hospital.
  According to this study and others, homelessness and unemployment are 
most prevalent amongst the mentally ill. Mental health treatment and 
other forms of assistance for the nonviolent mentally ill offenders can 
reduce recidivism in the criminal justice system. These offenders 
require treatment for their mental illness and often for their drug and 
alcohol abuse problems as well.
  In response to this problem, Members on both sides of the aisle have 
proposed this bill to establish a grant program to encourage States to 
address this issue. The grants may be used to fund mental health courts 
or diversion programs for those with mental health issues. They may 
also be used to promote cooperation between the criminal justice system 
and the mental health community, or to train both criminal justice 
personnel and mental health providers to respond to the needs of 
mentally ill offenders.
  In addition, changes were made to S. 1194 by the Committee on the 
Judiciary to encourage a system of graduated sanctions for mentally ill 
offenders and supervision of those who are offered a diversion option 
to ensure the safety of the community.
  I believe this legislation will reduce recidivism amongst the 
mentally ill while striking the appropriate balance between protecting 
our communities and addressing the needs of mentally ill offenders. I 
urge my colleagues to join me in supporting it.
  Mr. Speaker, I reserve the balance of my time.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, this is Mental Health Awareness Week, and I rise to 
support S. 1194, the Mentally Ill Offender Treatment and Crime 
Reduction Act of 2003. This bill is designed to address the needs of 
mental illness sufferers who become entangled in the criminal justice 
system. All too often we find that mentally ill defendants are 
inappropriately placed into criminal or juvenile corrections 
facilities, and the negative impact that this has on the individual and 
society is reflected in increased recidivism rates, wasted 
administrative costs, and unnecessary overcrowding of correction 
facilities, among other things. The Bureau of Justice reported that, in 
1998, over 280,000 individuals in jail or prison and almost 550,000 of 
those on probation had a mental impairment.
  The mentally ill are disproportionately represented in jails and 
prisons and amongst our homeless, leaving them vulnerable to criminal 
acts as well as criminal activities. Five percent of all Americans have 
a serious mental illness, but 16 to 20 percent of incarcerated persons 
have a mental impairment. We need to direct the kinds of resources for 
this issue that will provide meaningful solutions, including

[[Page H8243]]

expanding diversion programs, community-based treatment, re-entry 
services, and improved treatment during incarcerations.
  The Mentally Ill Offender Treatment and Crime Reduction Act of 2003 
recognizes that true partnerships between the mental health and 
criminal and juvenile corrections systems and between the Federal and 
State governments are needed to meet these challenges. Indeed, the bill 
requires that Federal funds authorized under this program be 
supplemented with contributions from the States, local governments and 
tribal organizations.
  Under the provisions of this bill, planning and implementation grants 
would be authorized for creation or expansion of mental health courts 
or other court-based programs for preliminary qualified offenders; 
training of criminal and juvenile justice personnel and mental health 
professionals about mental illness and substance abuse disorders; 
creation or expansion of cooperative efforts between criminal and 
juvenile justice agencies and mental health agencies; and creation or 
expansion of intergovernmental cooperation between State and local 
governments with respect to the mentally ill offender.
  Mr. Speaker, S. 1194 would authorize a grants program of $100 million 
a year for 2 years and would authorize amounts necessary to cover the 
final 3 years. Furthermore, this bill would establish a Federal 
interagency task force to identify better Federal, local and 
interdepartmental coordination of mental health services.
  Congress has an obligation to legislate to protect the community from 
those who become aggressive or violent because of mental illness. We 
also have a responsibility to see that the offender receives the proper 
treatment for his or her illness. Far too often, mental illness goes 
undiagnosed, and many in our prison systems would do better in 
alternative settings designed to handle their particular needs.
  This legislation has many supporters. It has been advocated by the 
U.S. Conference of Bishops and, according to its statement, S. 1194 
would be a good start in ensuring that mentally ill offenders receive 
the proper treatment they need with grants designed to create 
community-based treatment programs and other services.
  Mr. Speaker, I ask my colleagues in the first instance to support 
this particular legislation and, as well, to be cognizant of the need 
for more mental health services around the Nation at this time.
  Mr. Speaker, I rise in support of S. 1194, the ``Mentally Ill 
Offender Treatment and Crime Reduction Act of 2003.'' This bill is 
designed to address the needs of mental illness sufferers who become 
entangled within the criminal justice system.
  All too often, we find that mentally ill defendants are 
inappropriately placed into criminal or juvenile corrections 
facilities, and the negative impact that this has on the individual and 
society is reflected in increased recidivism rates, wasted 
administrative costs, and unnecessary overcrowding of corrections 
facilities, among other things.
  The Bureau of Justice reported that in 1998 over 280,000 individuals 
in jail or prison and almost 550,000 of those on probation had a mental 
impairment. The mentally ill are disproportionately represented in 
jails and prisons. Five percent of all Americans have a serious mental 
illness, but sixteen to twenty percent of incarcerated individuals have 
a mental impairment.
  We need to direct the kinds of resources for this issue that will 
provide meaningful solutions, including expanding diversion programs, 
community-based treatment, re-entry services, and improved treatment 
during incarceration. The Mentally Ill Offender Treatment and Crime 
Reduction Act of 2003 recognizes that true partnerships between the 
mental health and criminal and juvenile corrections systems and between 
the Federal and State Governments are needed to meet these challenges. 
Indeed, the bill requires that Federal funds authorized under this 
program be supplemented with contributions from the States, local 
governments, and tribal organizations.

  Under the provisions of this Bill, planning and implementation grants 
would be authorized for the:
  Creation or expansion of mental health courts or other court-based 
``programs for preliminarily qualified offenders'';
  Training of criminal and juvenile justice personnel and mental health 
professionals about mental illness and substance abuse disorders;
  Creation or expansion of cooperative efforts between criminal and 
juvenile justice agencies and mental health agencies; and
  Creation or expansion of intergovernmental cooperation between State 
and local governments with respect to the mentally ill offender.
  S. 1194 would authorize the grants program at $100 million a year for 
2 years and would authorize the amounts necessary to cover the final 3 
years. Furthermore, this bill would establish a Federal ``Interagency 
Task Force'' to identify better Federal-local and interdepartmental 
coordination of mental health services.
  Congress has an obligation to legislate to protect the community from 
those who become aggressive or violent because of mental illness. We 
also have a responsibility to see that the offender receives the proper 
treatment for his or her illness. Far too often, mental illness goes 
undiagnosed, and many in our prison system would do better in 
alternative settings designed to handle their particular needs.

  This legislation has been advocated by the U.S. Conference of 
Bishops. According to its statement, S. 1194 would be ``a good start 
towards ensuring that mentally ill offenders receive the proper 
treatment they need with grants designed to create community based 
treatment programs and other services.''
  In Texas, past treatment of mentally ill offenders illustrates the 
need for legislation such as S. 1194. Senior U.S. District Judge 
William Wayne Justice, who is experienced in dealing with mentally ill 
prisoners in Texas, ruled in 1980 that the Texas prison system is 
unconstitutional and placed it under Federal control for 30 years. In 
Judge Justice's estimation, the Texas laws that apply to the mentally 
ill ``lack compassion and emphasize vengeance.'' KPFT news reported him 
as having said, ``We have allowed the spirit of vengeance such 
unrivaled sway in our dealings with those who commit crime that we have 
ceased to consider properly whether we have taken adequate account of 
the role that mental impairment may play in the determination of moral 
responsibility. As a result, we punish those who we cannot justly 
blame. Such result is not, I believe worthy of a civil society.''
  The Mentally Ill Offender Treatment and Crime Reduction Act of 2003 
takes a good first step toward reforming a system that has operated 
under a shield for far too long. We must continue to make this 
legislation effective enough to save the lives of these defendants who 
are truly victims.
  Mr. Speaker, for the reasons above-stated, I support the legislation 
before this body as reported favorably by the Full Committee on the 
Judiciary and its Subcommittee on Crime, Terrorism, and Homeland 
Security.
  Mr. Speaker, I am delighted to yield 5 minutes to the gentleman from 
Rhode Island (Mr. Kennedy), one of this Congress's most vocal and most 
passionate voices for the underserved when it comes to mental health 
services around the Nation and has consistently battled on their 
behalf.
  Mr. KENNEDY of Rhode Island. Mr. Speaker, I thank the gentlewoman for 
her kind words and her leadership on this issue as well. I thank the 
chairman as well for his work on this legislation.
  I just wanted an opportunity to speak on this for a moment or two. It 
is true that, this week, we are celebrating the Mental Health Awareness 
Month, and it is appropriate as we celebrate it, to reflect on what we 
are doing as a Nation to address mental illness in this country. We 
have 271 cosponsors of mental health parity legislation in this House. 
We have 71 cosponsors in the United States Senate for mental health 
parity. We have 368 sponsors by national organizations endorsing mental 
health parity, and yet, mental health parity legislation is bottled up 
in committee.
  Mental health parity legislation is very basic. It simply says that 
mental illness is treated as every other physical illness. And if 
anyone had a doubt that mental illness is not a physical illness, if 
their common sense did not tell them this, well, we have reams of 
evidence and knowledge supporting it. Even the Surgeon General Carmona 
and the former Surgeon General Satcher have released very extensive 
reports about the need to address the problem of mental illness in this 
country.
  I say all of this because, today, we are addressing a bill that is 
designed to meet the needs of those who are incarcerated in this 
country by developing a stronger mental health network for those 
prisoners either coming out of prison or those juveniles before they 
end up in prison. But, Mr. Speaker, I would suggest that we would not 
have the problems in this country, where in our prison system we have 2 
million people in this country incarcerated,

[[Page H8244]]

more people incarcerated in this country than any other industrialized 
Nation on the face of the earth.

                              {time}  1500

  That is an indictment, an indictment on our society that we as a 
country are picking up the broken pieces of people's lives because we 
as a country have not done what we are supposed to do in providing 
those support services, providing that counseling, making sure that our 
health care system treats the health care needs of those with mental 
illness.
  It is discriminatory for someone with a chemical imbalance in their 
brain not to be given the same services and health care that someone 
suffering diabetes would be given. It is a shame and a violation that 
we are spending less money on mental health care research than many, 
many other diseases that do not even reflect a fraction of the burden 
of the disease that mental illness does in this country.
  The biggest mental health hospital in this country is Los Angeles 
County Jail. The biggest mental health hospital is Los Angeles County 
Jail. Our prisons represent the unmet need of this country when it 
comes to those with mental illness.
  So, Mr. Speaker, when it comes to S. 1194, I want to come down here 
and say this is the kind of legislation we need. We need to do more of 
this. But I might add we ought to do this in a comprehensive fashion, 
and that means we ought to pass mental health parity legislation. I 
hope we get a chance, if not in this Congress, in next Congress to 
finally pass mental health parity legislation. Not is it only a matter 
of failure in our health care system, but it is a matter of civil 
rights and human rights for those who suffer from mental illness 
because, indeed,their illness is the only illness that is being 
discriminated against in this country.
  We spend money for every other illness, but we do not spend the money 
on this illness because somehow our country has not recognized that 
this is a real physical illness and as such we as a Nation are 
continuing the discrimination, the stigma that exists against people 
with mental illness. I look forward to working with my colleagues on 
this and many other bills that have to do with juvenile justice and 
mental illness.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself 1 minute.
  Mr. Speaker, it is an indictment. Certainly this bill stands as a 
model of what we can do for incarcerated persons suffering from mental 
illness; but we are long overdue, long overdue from the vast 
understanding of mental health in this country and the need for a 
mental health parity bill. I cannot thank the gentleman enough for 
being the leader of this team that continues to work on this issue.
  Mr. Speaker, I yield 4 minutes to the gentleman from Ohio (Mr. 
Strickland), who brings not only his professional background, but we 
have worked over the years together, particularly after the numerous 
school shootings, on issues dealing with counselors in schools and the 
need for mental health care in schools.
  Mr. STRICKLAND. Mr. Speaker, I rise in support of S. 1194, the 
Mentally Ill Offender Treatment and Crime Reduction Act. As the sponsor 
of H.R. 2387, the companion House bill to S. 1194, I am very pleased to 
have this legislation on the floor, and I would like to thank my 
colleagues on the Committee on the Judiciary and their staff who have 
been instrumental in moving this legislation.
  S. 1194 was introduced and shepherded through the Senate by Ohio 
Senator Mike DeWine, and I would like to thank him for his leadership 
and friendship. Senator DeWine and I have worked together to end the 
criminalization of the mentally ill since the 106th Congress when we 
introduced and passed into law a bill that established a small 
demonstration program to help communities begin and operate mental 
health courts. Response to the mental health courts program has been 
tremendous, with the Department of Justice receiving applications from 
far more communities than they could fund with the small appropriations 
allocated for the program.
  I am fortunate that two of the mental health courts grants have been 
awarded to jurisdictions that serve my constituents in Youngstown, Ohio 
and Athens, Hocking, and Vinton counties.
  To build on the success of the mental health courts, Senator DeWine 
and I introduced the bill before us today. As a counseling psychologist 
who has worked at a maximum security prison, I know how important this 
legislation is for improving mental health treatment. This bill 
addresses one small part of the mentally ill population's complex 
treatment system by seeking to treat mentally ill individuals who are 
or who become involved in the criminal or juvenile justice systems.
  According to the Bureau of Justice statistics, over 16 percent of 
adults incarcerated in U.S. jails and prisons have a mental illness. In 
addition, the Office of Juvenile Justice and Delinquency Prevention 
reports that over 20 percent of the youth in the juvenile justice 
system have serious mental health problems, and many more have co-
occurring mental health and substance abuse disorders. If a person with 
mental illness does not receive treatment, his or her condition almost 
certainly will worsen when he or she is in custody. Generally, the 
criminal justice system is not equipped to identify and ensure that 
people with mental illness find appropriate treatment programs, either 
through diversion into community treatment or within a jail or prison.
  The Mentally Ill Offender Treatment and Crime Reduction Act addresses 
the needs of both the criminal justice system and the mentally ill 
offender population. The bill creates a grant program for communities 
that will provide resources for diversion programs across the spectrum 
of the criminal justice system. Communities will also be able to design 
programs that provide mental health treatment in jails and in prisons.
  And, finally, grants will be available for transitional and aftercare 
programs that seek to ensure offenders are provided appropriate 
treatment and care when they transition from jail back into the 
community. They transition from the jail or prison back into the 
communities when they have completed their sentences.
  In addition, the bill calls for an interagency task force to be 
established at the Federal level. Task force members will include the 
Attorney General, the Secretaries of Health and Human Services, Labor, 
Education, Veterans Affairs, and Housing and Urban Development and the 
Commissioner of Social Security who will be charged with identifying 
ways that Federal Departments can respond in a collaborative way to the 
needs of mentally ill adults and juveniles.
  I believe that encouraging collaboration at the Federal, State, and 
local levels of government is essential to ensuring that people with 
mental illness are able to access appropriate treatment. Again, I would 
like to thank the chairman of the committee and the staff of the 
committee, as well as Members on my side of the aisle and for Senator 
Mike DeWine's heroic efforts in the Senate for bringing this bill to 
the floor.
  Mr. SENSENBRENNER. Mr. Speaker, I yield 1 minute to the gentleman 
from California (Mr. Cunningham).
  Mr. CUNNINGHAM. Mr. Speaker, I commend both the minority and the 
majority for bringing this bill up as a suspension. It should pass 
well. But I would like to address something my friend, the gentleman 
from Rhode Island (Mr. Kennedy), said. It is not negative. It is just a 
difference of opinion and the fact that we ought to condemn our society 
for all of the people that are in jail.
  I remember a young gentleman that spray-painted a car in Singapore, 
and he was caned. And I guarantee you he would not do that in 
Singapore, although the gentleman from Wisconsin (Mr. Sensenbrenner) 
did tell me he did get in trouble in the United States and then got a 
letter from the head of Singapore and said, I do not think he would 
have done that here.
  In many cases, our penalties are not strong enough. We found that if 
many times a youth will commit a crime and just get their hands 
slapped, he will commit another crime and get their hands slapped and 
each time it elevates in severity. And many times we need the 
counseling, we need the guidance, I agree. And in first-time offenders 
I think it is very important too, but in many cases the penalty is not 
strong enough, so we end up with more people in jail.

[[Page H8245]]

  Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield 2 minutes to the 
distinguished gentleman from Rhode Island (Mr. Kennedy).
  Mr. KENNEDY of Rhode Island. Mr. Speaker, I would agree with the 
gentleman. The big problem here is a lot of these kids do not get 
anyone to pay attention to them until it starts to be too late. They 
commit so many crimes. They do not have the people intervene early when 
they show the predisposition to having a proclivity to commit crimes 
where they might just be calling out for help. And so the kind of 
grants that are going to be provided under this legislation ideally 
will be used as they are designed to be used in the prevention of kids 
getting into trouble. Because at the very outset, those children, if 
identified with mental illness, will get the treatment they need.
  I have talked to both family court judges in Rhode Island and State 
court judges. The family court is very excited about the chance to have 
a mental health court where the child can be brought in and the family 
can be brought in and they can be given a treatment plan.
  In the State court situations, the judges can talk about bail and 
say, listen, you have a chance. If you go to this treatment program you 
can avoid perhaps getting sentenced, if it is a minor petty crime.
  So these things make sense not only for those who are caught up in 
our prison system, but of course it makes sense for all of us as a 
society to try to do the right thing early on, and I think this 
legislation goes in that direction. That is why I support it.
  Ms. JACKSON-LEE of Texas. Mr. Speaker, I yield myself such time as I 
may consume.
  Mr. Speaker, in closing, I was expecting another speaker. I do not 
see that that person has arrived at this point. But let me in closing 
on this legislation ask my colleagues to support it.
  Let me mention a fallen colleague, Senator Paul Wellstone, who I had 
the pleasure of having spend some time with me in my congressional 
district; and what the distinguished gentleman said from Rhode Island 
(Mr. Kennedy) is very accurate.
  We visited juvenile detention centers and found in the course of that 
visit individuals who really needed to have intervention with respect 
to mental health concerns. We found that constantly. And I just want to 
mention that in Texas past treatments of mentally ill offenders 
certainly illustrates the need for this legislation.
  Senior U.S. District Judge William Wayne Justice, who is experienced 
in dealing with mentally ill prisoners in Texas, ruled in 1980 that the 
Texas prison system is unconstitutional and placed under Federal 
control for 30 years. In Judge Justice's estimation, the Texas laws 
that apply to the mentally ill lack compassion and emphasize a 
vengeance.
  KPFT News reported him as having said, ``We have allowed the spirit 
of vengeance such unrivaled sway in our dealings with those who commit 
crime that we cease to consider properly whether we have taken adequate 
account of the role that mental impairment may play in the 
determination of moral responsibility. As a result, we punish those who 
we cannot justify blame. Such result is not I believe worthy of civil 
society.''
  This mentally ill offender treatment bill will answer the question 
long asked in the State of Texas and many other States. Maybe the bill 
will also give comfort to Lydia Roumo who called me today to indicate 
that her sister-in-law was diagnosed manic depressive. The family had 
sought help in many places but could not get her hospitalized due to 
laws in this particular Nation. Unfortunately, she stopped taking her 
medication, deteriorated and became homeless.
  Certainly, this is part of the mental health concern. But the tragedy 
of her sister-in-law is as she became homeless she also became a victim 
of crime and was murdered just a few days ago.
  The combination of homeless persons with mental impairment, the 
combination of people who perpetrate terrible acts with mental 
impairment and juveniles warrants an enthusiastic support of the 
Mentally Ill Offender Treatment and Crime Reduction Act of 2003. I 
thank the authors of this legislation. And to Lydia, let me say that 
this is one step towards trying to solve her problem and the problems 
of many, many families around the Nation who have experienced the 
devastation of mental illness.
  Mr. Speaker, I yield back the balance of my time.

                              {time}  1515

  Mr. SENSENBRENNER. Mr. Speaker, I yield back the balance of my time.
  The SPEAKER pro tempore (Mr. Foley). The question is on the motion 
offered by the gentleman from Wisconsin (Mr. Sensenbrenner) that the 
House suspend the rules and pass the Senate bill, S. 1194, as amended.
  The question was taken; and (two-thirds having voted in favor 
thereof) the rules were suspended and the Senate bill, as amended, was 
passed.
  A motion to reconsider was laid on the table.

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