[Congressional Record Volume 154, Number 155 (Saturday, September 27, 2008)]
[House]
[Pages H10268-H10270]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]




MENTALLY ILL OFFENDER TREATMENT AND CRIME REDUCTION REAUTHORIZATION AND 
                        IMPROVEMENT ACT OF 2008

  Ms. ZOE LOFGREN. Mr. Speaker, I move to suspend the rules and pass 
the Senate bill (S. 2304) to amend title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 to provide grants for the improved mental 
health treatment and services provided to offenders with mental 
illnesses, and for other purposes.
  The Clerk read the title of the Senate bill.
  The text of the Senate bill is as follows:

                                S. 2304

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

     SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

       (a) Short Title.--This Act may be cited as the ``Mentally 
     Ill Offender Treatment and Crime Reduction Reauthorization 
     and Improvement Act of 2008''.
       (b) Table of Contents.--The table of contents for this Act 
     is as follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Reauthorization of the Adult and Juvenile Collaboration Program 
              Grants.
Sec. 4. Law enforcement response to mentally ill offenders improvement 
              grants.
Sec. 5. Examination and report on prevalence of mentally ill offenders.

     SEC. 2. FINDINGS.

       Congress finds the following:
       (1) Communities nationwide are struggling to respond to the 
     high numbers of people with mental illnesses involved at all 
     points in the criminal justice system.
       (2) A 1999 study by the Department of Justice estimated 
     that 16 percent of people incarcerated in prisons and jails 
     in the United States, which is more than 300,000 people, 
     suffer from mental illnesses.

[[Page H10269]]

       (3) Los Angeles County Jail and New York's Rikers Island 
     jail complex hold more people with mental illnesses than the 
     largest psychiatric inpatient facilities in the United 
     States.
       (4) State prisoners with a mental health problem are twice 
     as likely as those without a mental health problem to have 
     been homeless in the year before their arrest.

     SEC. 3. REAUTHORIZATION OF THE ADULT AND JUVENILE 
                   COLLABORATION PROGRAM GRANTS.

       (a) Authorization of Appropriations Through 2014.--Section 
     2991(h) of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968 (42 U.S.C. 3797aa(h)) is amended--
       (1) in paragraph (1), by striking at the end ``and'';
       (2) in paragraph (2), by striking ``for fiscal years 2006 
     through 2009.'' and inserting ``for each of the fiscal years 
     2006 and 2007; and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) $50,000,000 for each of the fiscal years 2009 through 
     2014.''.
       (b) Allocation of Funding for Administrative Purposes.--
     Section 2991(h) of such title is further amended--
       (1) by redesignating paragraphs (1), (2), and (3) (as added 
     by subsection (a)(3)) as subparagraphs (A), (B), and (C), 
     respectively, and adjusting the margins accordingly;
       (2) by striking ``There are authorized'' and inserting 
     ``(1) In general.--There are authorized''; and
       (3) by adding at the end the following new paragraph:
       ``(2) Allocation of Funding for Administrative Purposes.--
     For fiscal year 2009 and each subsequent fiscal year, of the 
     amounts authorized under paragraph (1) for such fiscal year, 
     the Attorney General may obligate not more than 3 percent for 
     the administrative expenses of the Attorney General in 
     carrying out this section for such fiscal year.''.
       (c) Additional Applications Receiving Priority.--Subsection 
     (c) of such section is amended to read as follows:
       ``(c) Priority.--The Attorney General, in awarding funds 
     under this section, shall give priority to applications 
     that--
       ``(1) promote effective strategies by law enforcement to 
     identify and to reduce risk of harm to mentally ill offenders 
     and public safety;
       ``(2) promote effective strategies for identification and 
     treatment of female mentally ill offenders;
       ``(3) promote effective strategies to expand the use of 
     mental health courts, including the use of pretrial services 
     and related treatment programs for offenders; or
       ``(4)(A) demonstrate the strongest commitment to ensuring 
     that such funds are used to promote both public health and 
     public safety;
       ``(B) demonstrate the active participation of each co-
     applicant in the administration of the collaboration program;
       ``(C) 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 reentry services for such individuals; 
     and
       ``(D) have the support of both the Attorney General and the 
     Secretary.''.

     SEC. 4. LAW ENFORCEMENT RESPONSE TO MENTALLY ILL OFFENDERS 
                   IMPROVEMENT GRANTS.

       Section 2991 of title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by--
       (1) redesignating subsection (h) as subsection (i); and
       (2) inserting after subsection (g) the following:
       ``(h) Law Enforcement Response to Mentally Ill Offenders 
     Improvement Grants.--
       ``(1) Authorization.--The Attorney General is authorized to 
     make grants under this section to States, units of local 
     government, Indian tribes, and tribal organizations for the 
     following purposes:
       ``(A) Training programs.--To provide for programs that 
     offer law enforcement personnel specialized and comprehensive 
     training in procedures to identify and respond appropriately 
     to incidents in which the unique needs of individuals with 
     mental illnesses are involved.
       ``(B) Receiving centers.--To provide for the development of 
     specialized receiving centers to assess individuals in the 
     custody of law enforcement personnel for suicide risk and 
     mental health and substance abuse treatment needs.
       ``(C) Improved technology.--To provide for computerized 
     information systems (or to improve existing systems) to 
     provide timely information to law enforcement personnel and 
     criminal justice system personnel to improve the response of 
     such respective personnel to mentally ill offenders.
       ``(D) Cooperative programs.--To provide for the 
     establishment and expansion of cooperative efforts by 
     criminal and juvenile justice agencies and mental health 
     agencies to promote public safety through the use of 
     effective intervention with respect to mentally ill 
     offenders.
       ``(E) Campus security personnel training.--To provide for 
     programs that offer campus security personnel training in 
     procedures to identify and respond appropriately to incidents 
     in which the unique needs of individuals with mental 
     illnesses are involved.
       ``(2) BJA training models.--For purposes of paragraph 
     (1)(A), the Director of the Bureau of Justice Assistance 
     shall develop training models for training law enforcement 
     personnel in procedures to identify and respond appropriately 
     to incidents in which the unique needs of individuals with 
     mental illnesses are involved, including suicide prevention.
       ``(3) Matching funds.--The Federal share of funds for a 
     program funded by a grant received under this subsection may 
     not exceed 50 percent of the costs of the program. The non-
     Federal share of payments made for such a program may be made 
     in cash or in-kind fairly evaluated, including planned 
     equipment or services.''.

     SEC. 5. EXAMINATION AND REPORT ON PREVALENCE OF MENTALLY ILL 
                   OFFENDERS.

       (a) In General.--
       (1) In general.--The Attorney General shall examine and 
     report on mental illness and the criminal justice system.
       (2) Scope.--Congress encourages the Attorney General to 
     specifically examine the following:
       (A) Populations.--The rate of occurrence of serious mental 
     illnesses in each of the following populations:
       (i) Individuals, including juveniles, on probation.
       (ii) Individuals, including juveniles, incarcerated in a 
     jail.
       (iii) Individuals, including juveniles, incarcerated in a 
     prison.
       (iv) Individuals, including juveniles, on parole.
       (B) Benefits.--The percentage of individuals in each 
     population described in subparagraph (A) who have--
       (i) a serious mental illness; and
       (ii) received disability benefits under title II or title 
     XVI of the Social Security Act (42 U.S.C. 401 et seq. and 
     1381 et seq.).
       (b) Report.--Not later than 36 months after the date of the 
     enactment of this Act, the Attorney General shall submit to 
     Congress the report described in subsection (a).
       (c) Definitions.--In this section--
       (1) the term ``serious mental illness'' means that an 
     individual has, or at any time during the 1-year period 
     ending on the date of enactment of this Act had, a covered 
     mental, behavioral, or emotional disorder; and
       (2) the term ``covered mental, behavioral, or emotional 
     disorder''--
       (A) means a diagnosable mental, behavioral, or emotional 
     disorder of sufficient duration to meet diagnostic criteria 
     specified within the Diagnostic and Statistical Manual of 
     Mental Disorders, Fourth Edition, or the International 
     Classification of Diseases, Ninth Revision, Clinical 
     Modification equivalent of the Diagnostic and Statistical 
     Manual of Mental Disorders, Fourth Edition; and
       (B) does not include a disorder that has a V code within 
     the Diagnostic and Statistical Manual of Mental Disorders, 
     Fourth Edition, a substance use disorder, or a developmental 
     disorder, unless that disorder cooccurs with another disorder 
     described in subparagraph (A) and causes functional 
     impairment which substantially interferes with or limits 1 or 
     more major life activities.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $2,000,000 for 
     2009.

  The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from 
California (Ms. Zoe Lofgren) and the gentleman from Texas (Mr. Smith) 
each will control 20 minutes.
  The Chair recognizes the gentlewoman from California.


                             General Leave

  Ms. ZOE LOFGREN of California. Mr. Speaker, I ask unanimous consent 
that all Members have 5 legislative days to revise and extend their 
remarks and include extraneous material on the bill under 
consideration.
  The SPEAKER pro tempore. Is there objection to the request of the 
gentlewoman from California?
  There was no objection.
  Ms. ZOE LOFGREN of California. Mr. Speaker, I yield myself such time 
as I may consume.
  Mr. Speaker, this bill is similar to H.R. 3992, which was authored by 
Crime Subcommittee Chairman Bobby Scott of Virginia which passed our 
House in January.
  The Senate bill focuses on expanding the allowable uses of funds in 
existing programs that provide assistance to mentally ill offenders. It 
reauthorizes the Mentally Ill Offender Treatment and Crime Reduction 
Grant Program at the current level of $50 million. It expands the 
permissible use of funds for mental health courts that will incorporate 
pretrial services and assessments for alternatives to incarceration.
  Funds under this bill can be used to assist law enforcement agencies 
with identifying and reducing the risk of harm to mentally ill 
offenders, while also maintaining public safety.
  Finally, this bill will provide States and units of government with 
funding to improve the treatment of female offenders with mental 
illness.
  Despite common misconceptions, the majority of mentally ill people 
who are arrested and incarcerated are low-

[[Page H10270]]

level, nonviolent offenders. This legislation will help jurisdictions 
assist mentally ill people in ways that help keep them out of our jails 
and prisons if that's not where they belong.
  This is a good bill, and I urge its passage.
  I reserve the balance of my time.
  Mr. SMITH of Texas. Mr. Speaker, I don't know if I'd call it a habit, 
but I find myself again agreeing with the gentlewoman from California, 
Ms. Zoe Lofgren.
  This is a bill that has already passed the House in a similar form, I 
believe, last January.
  I will include my entire statement in the Record.
  I support S. 2304, the Mentally III 0ffender Treatment and Crime 
Reduction Reauthorization and Improvement Act. The House passed 
companion legislation, H.R. 3992, last January.
  This important legislation addresses the unique challenges that 
mentally ill offenders create for our criminal justice system. It is 
estimated that 16 percent of the prison or jail population in the 
country suffers from a serious mental illness.
  More than one-fifth of jails have no access to any mental health 
services at all. Many criminal justice agencies are unprepared to meet 
the comprehensive treatment and needs of individuals with mental 
illness.
  Jails and prisons require extra staff resources for inmates with 
mental illness. In addition, mentally ill offenders can be affected 
psychologically by incarceration differently than general population 
offenders.
  H.R. 3992 reauthorizes the Mentally Ill Offender Treatment and Crime 
Reduction Act; encourages early intervention for individuals with 
mental illness; reauthorizes the mental health courts program; and 
maximizes diversion opportunities for nonviolent offenders with mental 
illness and co-occurring disorders.
  The legislation also promotes training for treatment professionals on 
criminal justice processes and mental health and substance abuse 
issues; establishes State and local planning grants to address the 
needs of mentally ill offenders; and facilitates communication, 
collaboration, and the delivery of support services among justice 
professionals, treatment and related service providers.
  I urge my colleagues to support this measure.
  I yield back the balance of my time.
  Ms. ZOE LOFGREN of California. Mr. Speaker, I would just say that at 
a time when the majority of mental health treatment provided in this 
country is provided in county jails, a measure such as this is 
enormously important to divert individuals who are suffering from an 
illness to appropriate treatment where their illness would be treated 
and where their disruptive behavior will not bother others. I'm glad 
that we are moving forward in a bipartisan manner to approve this.
  I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentlewoman from California (Ms. Zoe Lofgren) that the House suspend 
the rules and pass the Senate bill, S. 2304.
  The question was taken.
  The SPEAKER pro tempore. In the opinion of the Chair, two-thirds 
being in the affirmative, the ayes have it.
  Mr. SMITH of Texas. Mr. Speaker, I object to the vote on the ground 
that a quorum is not present and make the point of order that a quorum 
is not present.
  The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the 
Chair's prior announcement, further proceedings on this motion will be 
postponed.
  The point of no quorum is considered withdrawn.

                          ____________________