[Congressional Record (Bound Edition), Volume 146 (2000), Part 13]
[Senate]
[Pages 19429-19430]
[From the U.S. Government Publishing Office, www.gpo.gov]



          AMERICA'S LAW ENFORCEMENT AND MENTAL HEALTH PROJECT

  Mr. GORTON. Mr. President, I ask unanimous consent the Senate now 
proceed to the immediate consideration of Calendar No. 734, S. 1865.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The legislative clerk read as follows:

       A bill (S. 1865) to provide grants to establish 
     demonstration mental health courts.

  There being no objection, the Senate proceeded to consider the bill 
which had been reported from the Committee on the Judiciary, with an 
amendment to strike all after the enacting clause and insert the part 
printed in italic.

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``America's Law Enforcement 
     and Mental Health Project''.

     SEC. 2. FINDINGS.

       Congress finds that--
       (1) fully 16 percent of all inmates in State prisons and 
     local jails suffer from mental illness, according to a July, 
     1999 report, conducted by the Bureau of Justice Statistics;
       (2) between 600,000 and 700,000 mentally ill persons are 
     annually booked in jail alone, according to the American Jail 
     Association;
       (3) estimates say 25 to 40 percent of America's mentally 
     ill will come into contact with the criminal justice system, 
     according to National Alliance for the Mentally Ill;
       (4) 75 percent of mentally ill inmates have been sentenced 
     to time in prison or jail or probation at least once prior to 
     their current sentence, according to the Bureau of Justice 
     Statistics in July, 1999; and
       (5) Broward County, Florida and King County, Washington, 
     have created separate Mental Health Courts to place 
     nonviolent mentally ill offenders into judicially monitored 
     in-patient and out-patient mental health treatment programs, 
     where appropriate, with positive results.

     SEC. 3. MENTAL HEALTH COURTS.

       (a) Amendment.--Title I of the Omnibus Crime Control and 
     Safe Streets Act of 1968 is amended by inserting after part U 
     (42 U.S.C. 3796hh et seq.) the following:

                     ``PART V--MENTAL HEALTH COURTS

     ``SEC. 2201. GRANT AUTHORITY.

       ``The Attorney General shall make grants to States, State 
     courts, local courts, units of local government, and Indian 
     tribal governments, acting directly or through agreements 
     with other public or nonprofit entities, for not more than 
     100 programs that involve--
       ``(1) continuing judicial supervision, including periodic 
     review, over preliminarily qualified offenders with mental 
     illness, mental retardation, or co-occurring mental illness 
     and substance abuse disorders, who are charged with 
     misdemeanors or nonviolent offenses; and
       ``(2) the coordinated delivery of services, which 
     includes--
       ``(A) specialized training of law enforcement and judicial 
     personnel to identify and address the unique needs of a 
     mentally ill or mentally retarded offender;
       ``(B) voluntary outpatient or inpatient mental health 
     treatment, in the least restrictive manner appropriate, as 
     determined by the court, that carries with it the possibility 
     of dismissal of charges or reduced sentencing upon successful 
     completion of treatment;
       ``(C) centralized case management involving the 
     consolidation of all of a mentally ill or mentally retarded 
     defendant's cases, including violations of probation, and the 
     coordination of all mental health treatment plans and social 
     services, including life skills training, such as housing 
     placement, vocational training, education, job placement, 
     health care, and relapse prevention for each participant who 
     requires such services; and
       ``(D) continuing supervision of treatment plan compliance 
     for a term not to exceed the maximum allowable sentence or 
     probation for the charged or relevant offense and, to the 
     extent practicable, continuity of psychiatric care at the end 
     of the supervised period.

     ``SEC. 2202. DEFINITIONS.

       ``In this part--
       ``(1) the term `mental illness' means a diagnosable mental, 
     behavioral, or emotional disorder--
       ``(A) of sufficient duration to meet diagnostic criteria 
     within the most recent edition of the Diagnostic and 
     Statistical Manual of Mental Disorders published by the 
     American Psychiatric Association; and
       ``(B) that has resulted in functional impairment that 
     substantially interferes with or limits 1 or more major life 
     activities; and

[[Page 19430]]

       ``(2) the term `preliminarily qualified offender with 
     mental illness, mental retardation, or co-occurring mental 
     and substance abuse disorders' means a person who--
       ``(A)(i) previously or currently has been diagnosed by a 
     qualified mental health professional as having a mental 
     illness, mental retardation, or co-occurring mental illness 
     and substance abuse disorders; or
       ``(ii) manifests obvious signs of mental illness, mental 
     retardation, or co-occurring mental illness and substance 
     abuse disorders during arrest or confinement or before any 
     court; and
       ``(B) is deemed eligible by designated judges.

     ``SEC. 2203. ADMINISTRATION.

       ``(a) Consultation.--The Attorney General shall consult 
     with the Secretary of Health and Human Services and any other 
     appropriate officials in carrying out this part.
       ``(b) Use of Components.--The Attorney General may utilize 
     any component or components of the Department of Justice in 
     carrying out this part.
       ``(c) Regulatory Authority.--The Attorney General shall 
     issue regulations and guidelines necessary to carry out this 
     part which include, but are not limited to, the methodologies 
     and outcome measures proposed for evaluating each applicant 
     program.
       ``(d) Applications.--In addition to any other requirements 
     that may be specified by the Attorney General, an application 
     for a grant under this part shall--
       ``(1) include a long-term strategy and detailed 
     implementation plan;
       ``(2) explain the applicant's inability to fund the program 
     adequately without Federal assistance;
       ``(3) certify that the Federal support provided will be 
     used to supplement, and not supplant, State, Indian tribal, 
     and local sources of funding that would otherwise be 
     available;
       ``(4) identify related governmental or community 
     initiatives which complement or will be coordinated with the 
     proposal;
       ``(5) certify that there has been appropriate consultation 
     with all affected agencies and that there will be appropriate 
     coordination with all affected agencies in the implementation 
     of the program, including the State mental health authority;
       ``(6) certify that participating offenders will be 
     supervised by one or more designated judges with 
     responsibility for the mental health court program;
       ``(7) specify plans for obtaining necessary support and 
     continuing the proposed program following the conclusion of 
     Federal support;
       ``(8) describe the methodology and outcome measures that 
     will be used in evaluating the program; and
       ``(9) certify that participating first time offenders 
     without a history of a mental illness will receive a mental 
     health evaluation.

     ``SEC. 2204. APPLICATIONS.

       ``To request funds under this part, the chief executive or 
     the chief justice of a State or the chief executive or chief 
     judge of a unit of local government or Indian tribal 
     government shall submit to the Attorney General an 
     application in such form and containing such information as 
     the Attorney General may reasonably require.

     ``SEC. 2205. FEDERAL SHARE.

       ``The Federal share of a grant made under this part may not 
     exceed 75 percent of the total costs of the program described 
     in the application submitted under section 2204 for the 
     fiscal year for which the program receives assistance under 
     this part, unless the Attorney General waives, wholly or in 
     part, the requirement of a matching contribution under this 
     section. The use of the Federal share of a grant made under 
     this part shall be limited to new expenses necessitated by 
     the proposed program, including the development of treatment 
     services and the hiring and training of personnel. In-kind 
     contributions may constitute a portion of the non-Federal 
     share of a grant.

     ``SEC. 2206. GEOGRAPHIC DISTRIBUTION.

       ``The Attorney General shall ensure that, to the extent 
     practicable, an equitable geographic distribution of grant 
     awards is made that considers the special needs of rural 
     communities, Indian tribes, and Alaska Natives.

     ``SEC. 2207. REPORT.

       ``A State, Indian tribal government, or unit of local 
     government that receives funds under this part during a 
     fiscal year shall submit to the Attorney General a report in 
     March of the following year regarding the effectiveness of 
     this part.

     ``SEC. 2208. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.

       ``(a) Technical Assistance and Training.--The Attorney 
     General may provide technical assistance and training in 
     furtherance of the purposes of this part.
       ``(b) Evaluations.--In addition to any evaluation 
     requirements that may be prescribed for grantees, the 
     Attorney General may carry out or make arrangements for 
     evaluations of programs that receive support under this part.
       ``(c) Administration.--The technical assistance, training, 
     and evaluations authorized by this section may be carried out 
     directly by the Attorney General, in collaboration with the 
     Secretary of Health and Human Services, or through grants, 
     contracts, or other cooperative arrangements with other 
     entities.''.
       (b) Technical Amendment.--The table of contents of title I 
     of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
     U.S.C. 3711 et seq.), is amended by inserting after part U 
     the following:

                     ``Part V--Mental Health Courts

``Sec. 2201. Grant authority.
``Sec. 2202. Definitions.
``Sec. 2203. Administration.
``Sec. 2204. Applications.
``Sec. 2205. Federal share.
``Sec. 2206. Geographic distribution.
``Sec. 2207. Report.
``Sec. 2208. Technical assistance, training, and evaluation.''.
       (c) Authorization of Appropriations.--Section 1001(a) of 
     title I of the Omnibus Crime Control and Safe Streets Act of 
     1968 (42 U.S.C. 3793(a)) is amended by inserting after 
     paragraph (19) the following:
       ``(20) There are authorized to be appropriated to carry out 
     part V, $10,000,000 for each of fiscal years 2001 through 
     2004.''.

  Mr. GORTON. I ask unanimous consent the committee substitute be 
agreed to, the bill be read a third time and passed, the motion to 
reconsider be laid upon the table and any statements relating to the 
bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The committee amendment in the nature of a substitute was agreed to.
  The bill (S. 1865), as amended, was read the third time and passed.

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