[Congressional Record Volume 162, Number 38 (Wednesday, March 9, 2016)]
[Senate]
[Pages S1389-S1392]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
SA 3449. Mr. FRANKEN submitted an amendment intended to be proposed
to amendment SA 3369 submitted by Mr. Cornyn (for himself and Mr.
Alexander) and intended to be proposed to the bill S. 524, to authorize
the Attorney General to award grants to address the national epidemics
of prescription opioid abuse and heroin use; which was ordered to lie
on the table; as follows:
At the end, add the following:
TITLE IX--COMPREHENSIVE JUSTICE AND MENTAL HEALTH ACT
SEC. 901. SHORT TITLE.
This title may be cited as the ``Comprehensive Justice and
Mental Health Act of 2015''.
SEC. 902. FINDINGS.
Congress finds the following:
(1) An estimated 2,000,000 individuals with serious mental
illnesses are booked into jails each year, resulting in
prevalence rates of serious mental illness in jails that are
3 to 6 times higher than in the general population. An even
greater number of individuals who are detained in jails each
year have mental health problems that do not rise to the
level of a serious mental illness but may still require a
resource-intensive response.
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(2) Adults with mental illnesses cycle through jails more
often than individuals without mental illnesses, and tend to
stay longer (including before trial, during trial, and after
sentencing).
(3) According to estimates, almost \3/4\ of jail detainees
with serious mental illnesses have co-occurring substance use
disorders, and individuals with mental illnesses are also
much more likely to have serious physical health needs.
(4) Among individuals under probation supervision,
individuals with mental disorders are nearly twice as likely
as other individuals to have their community sentence
revoked, furthering their involvement in the criminal justice
system. Reasons for revocation may be directly or indirectly
related to an individual's mental disorder.
SEC. 903. SEQUENTIAL INTERCEPT MODEL.
(a) Redesignation.--Section 2991 of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is
amended by redesignating subsection (i) as subsection (n).
(b) Sequential Intercept Model.--Section 2991 of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3797aa) is amended by inserting after subsection (h) the
following:
``(i) Sequential Intercept Grants.--
``(1) Definition.--In this subsection, the term `eligible
entity' means a State, unit of local government, Indian
tribe, or tribal organization.
``(2) Authorization.--The Attorney General may make grants
under this subsection to an eligible entity for sequential
intercept mapping and implementation in accordance with
paragraph (3).
``(3) Sequential intercept mapping; implementation.--An
eligible entity that receives a grant under this subsection
may use funds for--
``(A) sequential intercept mapping, which--
``(i) shall consist of--
``(I) convening mental health and criminal justice
stakeholders to--
``(aa) develop a shared understanding of the flow of
justice-involved individuals with mental illnesses through
the criminal justice system; and
``(bb) identify opportunities for improved collaborative
responses to the risks and needs of individuals described in
item (aa); and
``(II) developing strategies to address gaps in services
and bring innovative and effective programs to scale along
multiple intercepts, including--
``(aa) emergency and crisis services;
``(bb) specialized police-based responses;
``(cc) court hearings and disposition alternatives;
``(dd) reentry from jails and prisons; and
``(ee) community supervision, treatment and support
services; and
``(ii) may serve as a starting point for the development of
strategic plans to achieve positive public health and safety
outcomes; and
``(B) implementation, which shall--
``(i) be derived from the strategic plans described in
subparagraph (A)(ii); and
``(ii) consist of--
``(I) hiring and training personnel;
``(II) identifying the eligible entity's target population;
``(III) providing services and supports to reduce
unnecessary penetration into the criminal justice system;
``(IV) reducing recidivism;
``(V) evaluating the impact of the eligible entity's
approach; and
``(VI) planning for the sustainability of effective
interventions.''.
SEC. 904. VETERANS TREATMENT COURTS.
Section 2991 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797aa) is amended by inserting after
subsection (i), as so added by section 903, the following:
``(j) Assisting Veterans.--
``(1) Definitions.--In this subsection:
``(A) Peer to peer services or programs.--The term `peer to
peer services or programs' means services or programs that
connect qualified veterans with other veterans for the
purpose of providing support and mentorship to assist
qualified veterans in obtaining treatment, recovery,
stabilization, or rehabilitation.
``(B) Qualified veteran.--The term `qualified veteran'
means a preliminarily qualified offender who--
``(i) served on active duty in any branch of the Armed
Forces, including the National Guard or Reserves; and
``(ii) was discharged or released from such service under
conditions other than dishonorable.
``(C) Veterans treatment court program.--The term `veterans
treatment court program' means a court program involving
collaboration among criminal justice, veterans, and mental
health and substance abuse agencies that provides qualified
veterans with--
``(i) intensive judicial supervision and case management,
which may include random and frequent drug testing where
appropriate;
``(ii) a full continuum of treatment services, including
mental health services, substance abuse services, medical
services, and services to address trauma;
``(iii) alternatives to incarceration; and
``(iv) other appropriate services, including housing,
transportation, mentoring, employment, job training,
education, and assistance in applying for and obtaining
available benefits.
``(2) Veterans assistance program.--
``(A) In general.--The Attorney General, in consultation
with the Secretary of Veterans Affairs, may award grants
under this subsection to applicants to establish or expand--
``(i) veterans treatment court programs;
``(ii) peer to peer services or programs for qualified
veterans;
``(iii) practices that identify and provide treatment,
rehabilitation, legal, transitional, and other appropriate
services to qualified veterans who have been incarcerated;
and
``(iv) training programs to teach criminal justice, law
enforcement, corrections, mental health, and substance abuse
personnel how to identify and appropriately respond to
incidents involving qualified veterans.
``(B) Priority.--In awarding grants under this subsection,
the Attorney General shall give priority to applications
that--
``(i) demonstrate collaboration between and joint
investments by criminal justice, mental health, substance
abuse, and veterans service agencies;
``(ii) promote effective strategies to identify and reduce
the risk of harm to qualified veterans and public safety; and
``(iii) propose interventions with empirical support to
improve outcomes for qualified veterans.''.
SEC. 905. PRISON AND JAILS.
Section 2991 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797aa) is amended by inserting after
subsection (j), as so added by section 904, the following:
``(k) Correctional Facilities.--
``(1) Definitions.--
``(A) Correctional facility.--The term `correctional
facility' means a jail, prison, or other detention facility
used to house people who have been arrested, detained, held,
or convicted by a criminal justice agency or a court.
``(B) Eligible inmate.--The term `eligible inmate' means an
individual who--
``(i) is being held, detained, or incarcerated in a
correctional facility; and
``(ii) manifests obvious signs of a mental illness or has
been diagnosed by a qualified mental health professional as
having a mental illness.
``(2) Correctional facility grants.--The Attorney General
may award grants to applicants to enhance the capabilities of
a correctional facility--
``(A) to identify and screen for eligible inmates;
``(B) to plan and provide--
``(i) initial and periodic assessments of the clinical,
medical, and social needs of inmates; and
``(ii) appropriate treatment and services that address the
mental health and substance abuse needs of inmates;
``(C) to develop, implement, and enhance--
``(i) post-release transition plans for eligible inmates
that, in a comprehensive manner, coordinate health, housing,
medical, employment, and other appropriate services and
public benefits;
``(ii) the availability of mental health care services and
substance abuse treatment services; and
``(iii) alternatives to solitary confinement and segregated
housing and mental health screening and treatment for inmates
placed in solitary confinement or segregated housing; and
``(D) to train each employee of the correctional facility
to identify and appropriately respond to incidents involving
inmates with mental health or co-occurring mental health and
substance abuse disorders.''.
SEC. 906. ALLOWABLE USES.
Section 2991(b)(5)(I) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797aa(b)(5)(I)) is amended by
adding at the end the following:
``(v) Teams addressing frequent users of crisis services.--
Multidisciplinary teams that--
``(I) coordinate, implement, and administer community-based
crisis responses and long-term plans for frequent users of
crisis services;
``(II) provide training on how to respond appropriately to
the unique issues involving frequent users of crisis services
for public service personnel, including criminal justice,
mental health, substance abuse, emergency room, healthcare,
law enforcement, corrections, and housing personnel;
``(III) develop or support alternatives to hospital and
jail admissions for frequent users of crisis services that
provide treatment, stabilization, and other appropriate
supports in the least restrictive, yet appropriate,
environment; and
``(IV) develop protocols and systems among law enforcement,
mental health, substance abuse, housing, corrections, and
emergency medical service operations to provide coordinated
assistance to frequent users of crisis services.''.
SEC. 907. LAW ENFORCEMENT TRAINING.
Section 2991(h) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797aa(h)) is amended--
(1) in paragraph (1), by adding at the end the following:
``(F) Academy training.--To provide support for academy
curricula, law enforcement officer orientation programs,
continuing education training, and other programs that teach
law enforcement personnel how to identify and respond to
incidents involving persons with mental health disorders or
co-occurring mental health and substance abuse disorders.'';
and
(2) by adding at the end the following:
``(4) Priority consideration.--The Attorney General, in
awarding grants under this
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subsection, shall give priority to programs that law
enforcement personnel and members of the mental health and
substance abuse professions develop and administer
cooperatively.''.
SEC. 908. FEDERAL LAW ENFORCEMENT TRAINING.
Not later than 1 year after the date of enactment of this
Act, the Attorney General shall provide direction and
guidance for the following:
(1) Training programs.--Programs that offer specialized and
comprehensive training, in procedures to identify and
appropriately respond to incidents in which the unique needs
of individuals who have a mental illness are involved, to
first responders and tactical units of--
(A) Federal law enforcement agencies; and
(B) other Federal criminal justice agencies such as the
Bureau of Prisons, the Administrative Office of the United
States Courts, and other agencies that the Attorney General
determines appropriate.
(2) Improved technology.--The establishment of, or
improvement of existing, computerized information systems to
provide timely information to employees of Federal law
enforcement agencies, and Federal criminal justice agencies
to improve the response of such employees to situations
involving individuals who have a mental illness.
SEC. 909. GAO REPORT.
Not later than 1 year after the date of enactment of this
Act, the Comptroller General of the United States, in
coordination with the Attorney General, shall submit to
Congress a report on--
(1) the practices that Federal first responders, tactical
units, and corrections officers are trained to use in
responding to individuals with mental illness;
(2) procedures to identify and appropriately respond to
incidents in which the unique needs of individuals who have a
mental illness are involved, to Federal first responders and
tactical units;
(3) the application of evidence-based practices in criminal
justice settings to better address individuals with mental
illnesses; and
(4) recommendations on how the Department of Justice can
expand and improve information sharing and dissemination of
best practices.
SEC. 910. EVIDENCE BASED PRACTICES.
Section 2991(c) of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797aa(c)) is amended--
(1) in paragraph (3), by striking ``or'' at the end;
(2) by redesignating paragraph (4) as paragraph (6); and
(3) by inserting after paragraph (3), the following:
``(4) propose interventions that have been shown by
empirical evidence to reduce recidivism;
``(5) when appropriate, use validated assessment tools to
target preliminarily qualified offenders with a moderate or
high risk of recidivism and a need for treatment and
services; or''.
SEC. 911. TRANSPARENCY, PROGRAM ACCOUNTABILITY, AND
ENHANCEMENT OF LOCAL AUTHORITY.
(a) In General.--Section 2991(a) of the Omnibus Crime
Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa(a)) is
amended--
(1) in paragraph (7)--
(A) in the heading, by striking ``Mental illness'' and
inserting ``Mental illness; mental health disorder''; and
(B) by striking ``term `mental illness' means'' and
inserting ``terms `mental illness' and `mental health
disorder' mean''; and
(2) by striking paragraph (9) and inserting the following:
``(9) Preliminarily qualified offender.--
``(A) In general.--The term `preliminarily qualified
offender' means an adult or juvenile accused of an offense
who--
``(i)(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;
``(II) manifests obvious signs of mental illness or co-
occurring mental illness and substance abuse disorders during
arrest or confinement or before any court; or
``(III) in the case of a veterans treatment court provided
under subsection (i), has been diagnosed with, or manifests
obvious signs of, mental illness or a substance abuse
disorder or co-occurring mental illness and substance abuse
disorder;
``(ii) has been unanimously approved for participation in a
program funded under this section by, when appropriate--
``(I) the relevant--
``(aa) prosecuting attorney;
``(bb) defense attorney;
``(cc) probation or corrections official; and
``(dd) judge; and
``(II) a representative from the relevant mental health
agency described in subsection (b)(5)(B)(i);
``(iii) has been determined, by each person described in
clause (ii) who is involved in approving the adult or
juvenile for participation in a program funded under this
section, to not pose a risk of violence to any person in the
program, or the public, if selected to participate in the
program; and
``(iv) has not been charged with or convicted of--
``(I) any sex offense (as defined in section 111 of the Sex
Offender Registration and Notification Act (42 U.S.C. 16911))
or any offense relating to the sexual exploitation of
children; or
``(II) murder or assault with intent to commit murder.
``(B) Determination.--In determining whether to designate a
defendant as a preliminarily qualified offender, the relevant
prosecuting attorney, defense attorney, probation or
corrections official, judge, and mental health or substance
abuse agency representative shall take into account--
``(i) whether the participation of the defendant in the
program would pose a substantial risk of violence to the
community;
``(ii) the criminal history of the defendant and the nature
and severity of the offense for which the defendant is
charged;
``(iii) the views of any relevant victims to the offense;
``(iv) the extent to which the defendant would benefit from
participation in the program;
``(v) the extent to which the community would realize cost
savings because of the defendant's participation in the
program; and
``(vi) whether the defendant satisfies the eligibility
criteria for program participation unanimously established by
the relevant prosecuting attorney, defense attorney,
probation or corrections official, judge and mental health or
substance abuse agency representative.''.
(b) Technical and Conforming Amendment.--Section 2927(2) of
the Omnibus Crime Control and Safe Streets Act of 1968 (42
U.S.C. 3797s-6(2)) is amended by striking ``has the meaning
given that term in section 2991(a).'' and inserting ``means
an offense that--
``(A) does not have as an element the use, attempted use,
or threatened use of physical force against the person or
property of another; or
``(B) 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.''.
SEC. 912. GRANT ACCOUNTABILITY.
Section 2991 of the Omnibus Crime Control and Safe Streets
Act of 1968 (42 U.S.C. 3797aa) is amended by inserting after
subsection (k), as so added by section 905, the following:
``(l) Accountability.--All grants awarded by the Attorney
General under this section shall be subject to the following
accountability provisions:
``(1) Audit requirement.--
``(A) Definition.--In this paragraph, the term `unresolved
audit finding' means a finding in the final audit report of
the Inspector General of the Department of Justice that the
audited grantee has utilized grant funds for an unauthorized
expenditure or otherwise unallowable cost that is not closed
or resolved within 12 months from the date when the final
audit report is issued.
``(B) Audits.--Beginning in the first fiscal year beginning
after the date of enactment of this subsection, and in each
fiscal year thereafter, the Inspector General of the
Department of Justice shall conduct audits of recipients of
grants under this section to prevent waste, fraud, and abuse
of funds by grantees. The Inspector General shall determine
the appropriate number of grantees to be audited each year.
``(C) Mandatory exclusion.--A recipient of grant funds
under this section that is found to have an unresolved audit
finding shall not be eligible to receive grant funds under
this section during the first 2 fiscal years beginning after
the end of the 12-month period described in subparagraph (A).
``(D) Priority.--In awarding grants under this section, the
Attorney General shall give priority to eligible applicants
that did not have an unresolved audit finding during the 3
fiscal years before submitting an application for a grant
under this section.
``(E) Reimbursement.--If an entity is awarded grant funds
under this section during the 2-fiscal-year period during
which the entity is barred from receiving grants under
subparagraph (C), the Attorney General shall--
``(i) deposit an amount equal to the amount of the grant
funds that were improperly awarded to the grantee into the
General Fund of the Treasury; and
``(ii) seek to recoup the costs of the repayment to the
fund from the grant recipient that was erroneously awarded
grant funds.
``(2) Nonprofit organization requirements.--
``(A) Definition.--For purposes of this paragraph and the
grant programs under this part, the term `nonprofit
organization' means an organization that is described in
section 501(c)(3) of the Internal Revenue Code of 1986 and is
exempt from taxation under section 501(a) of such Code.
``(B) Prohibition.--The Attorney General may not award a
grant under this part to a nonprofit organization that holds
money in offshore accounts for the purpose of avoiding paying
the tax described in section 511(a) of the Internal Revenue
Code of 1986.
``(C) Disclosure.--Each nonprofit organization that is
awarded a grant under this section and uses the procedures
prescribed in regulations to create a rebuttable presumption
of reasonableness for the compensation of its officers,
directors, trustees, and key employees, shall disclose to the
Attorney General, in the application for the grant, the
process for determining such compensation, including the
independent persons involved
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in reviewing and approving such compensation, the
comparability data used, and contemporaneous substantiation
of the deliberation and decision. Upon request, the Attorney
General shall make the information disclosed under this
subparagraph available for public inspection.
``(3) Conference expenditures.--
``(A) Limitation.--No amounts made available to the
Department of Justice under this section may be used by the
Attorney General, or by any individual or entity awarded
discretionary funds through a cooperative agreement under
this section, to host or support any expenditure for
conferences that uses more than $20,000 in funds made
available by the Department of Justice, unless the head of
the relevant agency or department, provides prior written
authorization that the funds may be expended to host the
conference.
``(B) Written approval.--Written approval under
subparagraph (A) shall include a written estimate of all
costs associated with the conference, including the cost of
all food, beverages, audio-visual equipment, honoraria for
speakers, and entertainment.
``(C) Report.--The Deputy Attorney General shall submit an
annual report to the Committee on the Judiciary of the Senate
and the Committee on the Judiciary of the House of
Representatives on all conference expenditures approved under
this paragraph.
``(4) Annual certification.--Beginning in the first fiscal
year beginning after the date of enactment of this
subsection, the Attorney General shall submit, to the
Committee on the Judiciary and the Committee on
Appropriations of the Senate and the Committee on the
Judiciary and the Committee on Appropriations of the House of
Representatives, an annual certification--
``(A) indicating whether--
``(i) all audits issued by the Office of the Inspector
General under paragraph (1) have been completed and reviewed
by the appropriate Assistant Attorney General or Director;
``(ii) all mandatory exclusions required under paragraph
(1)(C) have been issued; and
``(iii) all reimbursements required under paragraph (1)(E)
have been made; and
``(B) that includes a list of any grant recipients excluded
under paragraph (1) from the previous year.
``(m) Preventing Duplicative Grants.--
``(1) In general.--Before the Attorney General awards a
grant to an applicant under this section, the Attorney
General shall compare potential grant awards with other
grants awarded under this Act to determine if duplicate grant
awards are awarded for the same purpose.
``(2) Report.--If the Attorney General awards duplicate
grants to the same applicant for the same purpose the
Attorney General shall submit to the Committee on the
Judiciary of the Senate and the Committee on the Judiciary of
the House of Representatives a report that includes--
``(A) a list of all duplicate grants awarded, including the
total dollar amount of any duplicate grants awarded; and
``(B) the reason the Attorney General awarded the duplicate
grants.''.
SEC. 913. REAUTHORIZATION OF APPROPRIATIONS.
Subsection (n) of section 2991 of the Omnibus Crime Control
and Safe Streets Act of 1968 (42 U.S.C. 3797aa), as
redesignated by section 903(a), is amended--
(1) in paragraph (1)--
(A) in subparagraph (B), by striking ``and'' at the end;
(B) in subparagraph (C), by striking the period and
inserting ``; and''; and
(C) by adding at the end the following:
``(D) $18,000,000 for each of fiscal years 2016 through
2020.''; and
(2) by adding at the end the following:
``(3) Limitation.--Not more than 28 percent of the funds
authorized to be appropriated under this section may be used
for purposes described in subsection (j) (relating to
veterans).''.
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