[Congressional Record (Bound Edition), Volume 154 (2008), Part 1]
[House]
[Pages 653-657]
[From the U.S. Government Publishing Office, www.gpo.gov]




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

  Mr. SCOTT of Virginia. Madam Speaker, I move to suspend the rules and 
pass the bill (H.R. 3992) 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, as amended.
  The Clerk read the title of the bill.
  The text of the bill is as follows:

                               H.R. 3992

       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. Effective treatment of female offenders with mental illnesses.
Sec. 6. Grants to expand capabilities and effectiveness of correctional 
              agency identification and treatment plans for mentally 
              ill offenders.
Sec. 7. Statewide planning grants to improve treatment of mentally ill 
              offenders.
Sec. 8. Improving the mental health courts grant program.
Sec. 9. Study 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.
       (3) Rates of mental illness among women in jail are almost 
     twice that of men.
       (4) 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.
       (5) 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.
       (6) Reentry planning for inmates with mental illnesses is 
     the least frequently endorsed mental health service by jail 
     administrators.

     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 is amended--
       (1) in paragraph (1), by striking ``and'';
       (2) in paragraph (2), by striking ``for fiscal years 2006 
     through 2009.'' and inserting ``for each of the fiscal years 
     2006 through 2007; and''; and
       (3) by adding at the end the following new paragraph:
       ``(3) $75,000,000 for each of the fiscal years 2008 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;
       (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 2008 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) No Minimum Allocation.--Section 2991 of such title is 
     further amended by striking subsection (g) and redesignating 
     subsection (h) as subsection (g).
       (d) 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; or
       ``(3)(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 re-entry 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.

       (a) In General.--Part HH of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 is further amended by 
     adding at the end the following new section:

     ``SEC. 2992. LAW ENFORCEMENT RESPONSE TO MENTALLY ILL 
                   OFFENDERS IMPROVEMENT GRANTS.

       ``(a) Authorization.--The Attorney General is authorized to 
     make grants to States, units of local government, Indian 
     tribes, and tribal organizations for the following purposes:

[[Page 654]]

       ``(1) 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.
       ``(2) Receiving centers.--To provide for the development of 
     specialized receiving centers to assess individuals in the 
     custody of law enforcement personnel for mental health and 
     substance abuse treatment needs.
       ``(3) 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.
       ``(4) 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 interventions with respect to mentally ill 
     offenders.
       ``(5) 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.
       ``(b) BJA Training Models.--For purposes of subsection 
     (a)(1), 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.
       ``(c) Matching Funds.--The Federal share of funds for a 
     program funded by a grant received under this section may not 
     exceed 75 percent of the costs of the program unless the 
     Attorney General waives, wholly or in part, such funding 
     limitation. 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.
       ``(d) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Department of Justice to 
     carry out this section $10,000,000 for each of the fiscal 
     years 2008 through 2014.''.
       (b) Conforming Amendment.--Such part is further amended by 
     amending the part heading to read as follows: ``PART HH--
     GRANTS TO IMPROVE TREATMENT OF OFFENDERS WITH MENTAL 
     ILLNESSES''.

     SEC. 5. EFFECTIVE TREATMENT OF FEMALE OFFENDERS WITH MENTAL 
                   ILLNESSES.

       Part HH of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968, as amended by section 4, is further 
     amended by adding at the end the following new section:

     ``SEC. 2993. GRANTS FOR THE EFFECTIVE TREATMENT OF FEMALE 
                   OFFENDERS WITH MENTAL ILLNESSES.

       ``(a) Authorization.--The Attorney General is authorized to 
     make grants to States, units of local government, Indian 
     tribes, and tribal organizations to provide any of the 
     following services, with respect to a female offender with a 
     mental illness:
       ``(1) Mental health treatment.
       ``(2) Intensive case management services that are 
     coordinated and designed to provide the range of services 
     needed to address treatment or assistance needs of the 
     offender, with respect to any criminal behavior, substance 
     abuse, psychological abuse, physical abuse, housing, 
     employment, and medical needs.
       ``(3) In the case that the offender has a child, family 
     support services needed to ensure the maintenance of a 
     relationship between the offender and such child.
       ``(4) Related mental health services for any children of 
     the offender, as needed.
       ``(b) Authorization of Appropriations.--There are 
     authorized to be appropriated to the Department of Justice to 
     carry out this section $5,000,000 for each of the fiscal 
     years 2008 through 2014.''.

     SEC. 6. GRANTS TO EXPAND CAPABILITIES AND EFFECTIVENESS OF 
                   CORRECTIONAL AGENCY IDENTIFICATION AND 
                   TREATMENT PLANS FOR MENTALLY ILL OFFENDERS.

       Part HH of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968, as amended by sections 4 and 5, is 
     further amended by adding at the end the following new 
     section:

     ``SEC. 2994. GRANTS TO EXPAND CAPABILITIES AND EFFECTIVENESS 
                   OF CORRECTIONAL FACILITY IDENTIFICATION AND 
                   TREATMENT PLANS FOR MENTALLY ILL OFFENDERS.

       ``(a) Authorization.--The Attorney General is authorized to 
     make grants to States, units of local government, Indian 
     tribes, and tribal organizations in accordance with this 
     section for any of the following purposes:
       ``(1) To provide correctional facilities within the 
     respective jurisdiction with the capacity (or improved 
     capacity), with respect to inmates of such facilities who 
     have mental illnesses, to--
       ``(A) assess the clinical and social needs of such inmates 
     and the extent to which such inmates pose any public safety 
     risks to the community;
       ``(B) plan for and provide treatment and services to 
     address the unique needs of such inmates;
       ``(C) identify and coordinate with community and 
     correctional programs responsible for post-release services; 
     and
       ``(D) coordinate the transition plans for such inmates to 
     ensure the implementation of such plans and to avoid gaps in 
     care with community-based services.
       ``(2) To provide for the standardization of screening and 
     assessment practices to identify inmates with mental 
     illnesses.
       ``(3) To provide for local task forces to identify 
     essential community services for inmates with mental 
     illnesses upon the reentry of such inmates into the 
     community.
       ``(4) To coordinate planning for the transition of inmates 
     with mental illnesses who are released from correctional 
     facilities and reenter the community.
       ``(5) To provide for housing options for individuals with 
     mental illnesses who reenter the community that provide 
     support for the unique needs of such individuals.
       ``(6) To continue and improve--
       ``(A) mental health programs provided at correctional 
     facilities within the respective jurisdiction; or
       ``(B) alternative programs to incarceration for individuals 
     with mental illnesses.
       ``(7) To support the development of community crisis 
     services that are for individuals who are at risk of arrest 
     or incarceration and which are designed to prevent or 
     mitigate a crisis by assessing the individual and crisis 
     involved, providing supportive counseling to the individual, 
     and referring the individual to appropriate community 
     services to stabilize the individual's condition and prevent 
     arrest or incarceration, respectively.
       ``(8) To support forensic assertive community treatment 
     teams for individuals with serious mental illnesses (as 
     defined for purposes of title V of the Public Health Service 
     Act) who reenter prison.
       ``(9) To provide for integrated mental health treatment and 
     substance abuse treatment.
       ``(10)(A) To designate staff to assist inmates of 
     correctional facilities within the respective jurisdiction, 
     in--
       ``(i) identifying benefits for which they may be eligible; 
     and
       ``(ii) collecting necessary supporting materials (including 
     medical records) and making applications for income support, 
     health care, food stamps, veterans' benefits, TANF, or other 
     benefit programs.
       ``(B) To contract with local community mental health 
     entities to perform the activities described in clauses (i) 
     and (ii) of subparagraph (A).
       ``(11) To work with the necessary agencies and entities for 
     transition planning for such inmates reentering the 
     community, including any needed applications and paperwork.
       ``(12) To assist such inmates to obtain, or if necessary 
     create and prepare, photo identification documents for use 
     upon release.
       ``(13) To create links with local community mental health 
     providers for case management services for inmates prior to 
     their release from a correctional facility in order to link 
     them with housing, employment, and other key services and 
     benefits.
       ``(b) Requirements for Application.--To be eligible to 
     receive a grant under subsection (a) for a given fiscal year, 
     an entity described in such subsection shall submit to the 
     Attorney General an application in such form and manner and 
     at such time as specified by the Attorney General. In 
     addition to any other information specified by the Attorney 
     General, such application shall contain the following 
     information:
       ``(1) The number and percentage of offenders in prisons, 
     jails, and juvenile facilities during the previous year--
       ``(A) who were in the custody of the jurisdiction involved;
       ``(B) who required mental health treatment; and
       ``(C) for whom the prison, jail, or juvenile facility 
     involved provided such treatment.
       ``(2) A good faith estimate of the number and percentage of 
     offenders in prisons, jails, and juvenile facilities who are 
     predicted to meet the criteria described in each of 
     subparagraphs (A), (B), and (C) of paragraph (1) during such 
     year, if the entity receives such grant for such year.
       ``(c) Allocation of Grant Amounts Based on Mental Health 
     Treatment Percent Demonstrated.--In allocating grant amounts 
     under this section, the Attorney General shall base the 
     amount allocated to an entity for a fiscal year on the 
     percent of offenders described in subsection (b) to whom the 
     entity provided mental health treatment in the previous 
     fiscal year, as demonstrated by the entity in its application 
     under such subsection.
       ``(d) Technical Assistance.--The Attorney General may 
     provide technical assistance to any entity awarded a grant 
     under this section to establish or expand mental health 
     treatment services under this section if such entity does not 
     have any (or has only a few) prisons, jails, or juvenile 
     facilities that offer such services.
       ``(e) Reports.--An entity that receives a grant under 
     subsection (a) during a fiscal year shall, not later than the 
     last day of the following fiscal year, submit to the Attorney 
     General a report that describes and assesses the uses of such 
     grant.
       ``(f) Authorization of Appropriations.--There are 
     authorized to be appropriated to

[[Page 655]]

     the Department of Justice to carry out this section 
     $10,000,000 for each of the fiscal years 2008 through 
     2014.''.

     SEC. 7. STATEWIDE PLANNING GRANTS TO IMPROVE TREATMENT OF 
                   MENTALLY ILL OFFENDERS.

       Part HH of title I of the Omnibus Crime Control and Safe 
     Streets Act of 1968, as amended by sections 4, 5, and 6, is 
     further amended by adding at the end the following new 
     section:

     ``SEC. 2995. PLANNING GRANTS TO IMPROVE TREATMENT OF MENTALLY 
                   ILL OFFENDERS.

       ``(a) Authorization.--The Attorney General is authorized to 
     carry out a grant program under which the Attorney General 
     makes grants to States, units of local government, 
     territories, and Indian tribes for the following purposes, 
     with respect to the treatment of offenders with mental 
     illnesses:
       ``(1) To facilitate the coordination of treatment and 
     services provided for such offenders by the State and other 
     units of government located within the State (including 
     local, territorial, and tribal).
       ``(2) To provide for a State administrator (or other 
     appropriate jurisdictional administrator) to coordinate such 
     treatment and services provided within the State (or other 
     jurisdiction).
       ``(3) To develop a comprehensive plan for the provision of 
     such treatment and services to such offenders within such 
     State.
       ``(4) To establish a coordinating center, with respect to a 
     State, to--
       ``(A) facilitate the sharing of information related to such 
     treatment and services for such offenders among the 
     jurisdictions located in such State; and
       ``(B) promote evidence-based practices for purposes of 
     providing such treatment and services.
       ``(b) Application.--
       ``(1) In general.--To be eligible to receive a grant under 
     this section, an entity described in subsection (a) shall 
     submit to the Attorney General an application, in such form 
     and manner and at such time as specified by the Attorney 
     General, which shall include a proposal that describes how--
       ``(A) the grant will be used to fund mental health 
     treatment and services for jail and prison populations that 
     are identified as savings populations for such entity; and
       ``(B) any savings accruing to the State or other applicable 
     jurisdiction from providing such population with such 
     treatment and services would be used to increase the 
     availability and accessibility of community-based mental 
     health services.
       ``(2) Savings population.--For purposes of paragraph (1), 
     the term `savings population' means a population that, if in 
     receipt of mental health treatment and services for jail and 
     prison populations, would potentially generate savings to the 
     State or other applicable jurisdiction.
       ``(c) Authorization of Appropriations.--There are 
     authorized to be appropriated $10,000,000 to carry out this 
     section for each of the fiscal years 2008 through 2013.''.

     SEC. 8. IMPROVING THE MENTAL HEALTH COURTS GRANT PROGRAM.

       (a) Reauthorization of the Mental Health Courts Grant 
     Program.--Section 1001(a)(20) of title I of the Omnibus Crime 
     Control and Safe Streets Act of 1968 (42 U.S.C. 3793(a)(20)) 
     is amended by striking ``fiscal years 2001 through 2004'' and 
     inserting ``fiscal years 2008 through 2014''.
       (b) Additional Grant Uses Authorized.--Section 2201 of such 
     title (42 U.S.C. 3796ii) is amended--
       (1) in paragraph (1) at the end, by striking ``and'';
       (2) in paragraph (2) at the end, by striking the period and 
     inserting a semicolon; and
       (3) by adding at the end the following new paragraphs:
       ``(3) pretrial services and related treatment programs for 
     offenders with mental illnesses; and
       ``(4) developing, implementing, or expanding programs that 
     are alternatives to incarceration for offenders with mental 
     illnesses.''.

     SEC. 9. STUDY AND REPORT ON PREVALENCE OF MENTALLY ILL 
                   OFFENDERS.

       (a) Study.--The Attorney General shall provide for a study 
     of the following:
       (1) The rate of occurrence of serious mental illnesses in 
     each of the following populations:
       (A) Individuals, including juveniles, on probation.
       (B) Individuals, including juveniles, incarcerated in a 
     jail.
       (C) Individuals, including juveniles, incarcerated in a 
     prison.
       (D) Individuals, including juveniles, on parole.
       (2) For each population described in paragraph (1), the 
     percentage of individuals with serious mental illnesses who, 
     at the time of the arrest, are eligible to receive 
     supplemental security income benefits, social security 
     disability insurance benefits, or medical assistance under a 
     State plan for medical assistance under title XIX of the 
     Social Security Act.
       (3) For each such population, with respect to a year, the 
     percentage of individuals with serious mental illnesses who--
       (A) were homeless (as defined in section 103 of the 
     McKinney-Vento Homeless Assistance Act (42 U.S.C. 11302)) at 
     the time of arrest; and
       (B) were homeless (as so defined) during any period in the 
     previous year.
       (b) Report.--Not later than 18 months after the date of the 
     enactment of this Act, the Attorney General shall submit to 
     Congress a report on the results of the study under 
     subsection (a).
       (c) Definition of Serious Mental Illness.--For purposes of 
     this section, the term ``serious mental illness'' has the 
     meaning given such term for purposes of title V of the Public 
     Health Service Act.
       (d) Authorization of Appropriations.--There are authorized 
     to be appropriated to carry out this section $2,000,000 for 
     fiscal year 2009.

  The SPEAKER pro tempore. Pursuant to the rule, the gentleman from 
Virginia (Mr. Scott) and the gentleman from Texas (Mr. Smith) each will 
control 20 minutes.
  The Chair recognizes the gentleman from Virginia.


                             General Leave

  Mr. SCOTT of Virginia. Madam Speaker, I ask unanimous consent that 
all Members may 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 
gentleman from Virginia?
  There was no objection.
  Mr. SCOTT of Virginia. Madam Speaker, I yield myself such time as I 
may consume.
  Madam Speaker, I rise in support of H.R. 3992, the Mentally Ill 
Offender Treatment and Crime Reduction Reauthorization and Improvement 
Act of 2007. Since the 1960s, State mental health hospitals have 
increasingly reduced their populations of mentally ill individuals in 
response to a nationwide call for deinstitutionalization.
  The move toward deinstitutionalization was based on the fact that 
mentally ill individuals are constitutionally entitled to refuse 
treatment, or at least to have it provided in the least restrictive 
environment. Unfortunately, neither the local governments for the 
States nor the Federal Government have invested the necessary resources 
to meet the needs for community-based mental health treatment and 
services created and needed by deinstitutionalization.
  A 2006 report by the United States Department of Justice Bureau of 
Justice Statistics entitled ``Mental Health Problems of Prison and Jail 
Inmates'' suggests that the criminal justice system has become, by 
default, the primary caregiver of the most seriously mentally ill 
individuals. The bureau reports that over one-half of the prison and 
jail population of this country is mentally ill. More specifically, 56 
percent of State prisoners, 45 percent of Federal prisoners, and 64 
percent of jail inmates have some degree of mental illness.
  The National Alliance for the Mentally Ill reports that, on any given 
day, there are at least 284,000 seriously mentally ill people in 
hospitals and jails in this country, such as people suffering from 
schizophrenia, bipolar disorder, or serious depression. However, only 
187,000 of them are in mental health facilities. This issue is of 
particular concern in Virginia, my home State.
  In August of 2007, the Virginia General Assembly's Joint Legislative 
Audit and Review Commission released a 200-page report on the state of 
mental health services in Virginia. The report revealed a number of 
disturbing facts, among them that there are more people with mental 
illness behind bars in Virginia than there are in mental health 
facilities, with hospital care accounting for only a fraction of the 
needs of our State's estimated 400,000 mentally ill individuals in 
Virginia.
  Since deinstitutionalization in Virginia, the daily number of 
mentally ill adults in State hospitals has dropped from 11,532 to 
1,452, a drop of 87 percent. Of the 6,350 mentally ill individuals in 
hospitals and jails on a given day, 60 percent were actually in jails 
because regional mental health facilities are not providing inpatient 
mental health services.
  Since 1991, the number of psychiatric beds available has dropped by 
800, or 31 percent, and the beds that are available are concentrated in 
one area of the

[[Page 656]]

State. In fact, there are no freestanding, profitable psychiatric 
hospitals west of Richmond.
  These findings in Virginia are similar to those across the Nation 
that were discussed at a hearing that we held this spring in our 
subcommittee which revealed that our criminal justice system is serving 
as the primary caregiver for our mentally ill individuals.
  One piece of good news in all of this focus on mental health in the 
criminal justice system is that mental health courts have proven to be 
a helpful tool for helping mentally ill individuals in several 
communities that have such programs. H.R. 3992 will assist further in 
this regard.
  First, it will reauthorize the Mentally Ill Offender Treatment and 
Crime Reduction grant program, increasing the current authorization 
from $50 million to $75 million. It will also reauthorize the mental 
health courts program, and will expand the permissible use of funds to 
include pretrial services and funding for alternatives to 
incarceration.
  Additionally, H.R. 3992 creates four new grant programs. One will 
provide grants to States and other law enforcement agencies to help 
officers learn how to access individuals with mental health illnesses 
and to work with the local agencies to provide the most effective 
placement for a person in custody.
  Another program will provide grants to help correctional agencies 
learn how to identify and screen mentally ill prisoners so they can get 
help while incarcerated, or even be placed in alternatives to 
incarceration. These grants will also help correctional services plan 
for reentry into the community.
  Another program provides grants to States to coordinate and improve 
the treatment of mentally ill offenders, including facilitating 
information sharing between agencies. The grant will also encourage 
States to promote evidence-based practices to improve treatment and 
services.
  Lastly, a new program will provide States and units of local 
government to improve the treatment of female offenders with mental 
illnesses and create family support services and intensive case 
management.
  The total cost for the new programs will be $35 million for fiscal 
years 2008 through 2013. That amount is much less than we are currently 
spending on incarcerating mentally ill offenders who often have to be 
placed not only in isolated cells, but also in isolated areas to avoid 
disturbance of other inmates.
  Despite common misconceptions, the majority of mentally ill people 
who are arrested and incarcerated are low-level, nonviolent offenders. 
These programs will help jurisdictions to assist mentally ill persons 
and help keep them from unnecessarily going to jails and prisons.
  I urge my colleagues to support the bill, and I include for the 
Record a letter from the Council of State Governments Justice Center in 
support of this legislation.
                                                   Justice Center,


                             The Council of State Governments,

                                   Bethesda, MD, October 24, 2007.
     Hon. Robert c. Scott,
     Longworth House Office Building, Washington, DC.
     Hon. Randy Forbes,
     Cannon House Office Building, Washington, DC.
       Dear Congressman Scott and Forbes: On behalf of the Council 
     of State Governments (CSG) Justice Center, we want to thank 
     you for introducing the ``Mentally Ill Offender Treatment and 
     Crime Reduction Reauthorization and Improvement Act of 
     2007''. We are grateful to you for your leadership and 
     continued support of the program.
       The CSG Justice Center serves all states to promote 
     effective data-driven practices--particularly in areas in 
     which the criminal justice system intersects with other 
     systems, such as mental health--to increase public safety and 
     strengthen communities. Consistent with this mission, we have 
     committed for some time to convening and supporting leaders 
     in the criminal justice and mental health systems to improve 
     the criminal justice system's response to people with mental 
     illness.
       Since the authorization of the Mentally Ill Offender Act, 
     the program has helped states and counties design and 
     implement collaborative efforts between the criminal justice 
     and mental health systems. The grants can be used for a broad 
     range of activities, including mental health courts, mental 
     health and substance abuse treatment for incarcerated 
     mentally ill offenders, community re-entry services, and 
     cross-training of criminal justice, law enforcement, and 
     mental health personnel.
       As you know, approximately 16 percent of the adult jail and 
     prison population (350,000 individuals) has a serious mental 
     illness, according to a study by the Justice Department's 
     Bureau of Justice Statistics. The DOJ also estimates that the 
     prevalence of emotional disturbances among youth in our 
     juvenile justice facilities is even higher. Many of these 
     individuals have not been charged with violent crimes, but 
     rather low level misdemeanors. Treating offenders with mental 
     illnesses in the community can save money by avoiding the 
     high cost-per-day of jail and prison stays and expensive 
     psychiatric services during incarceration. The Mentally Ill 
     Offender program provides assistance to states and 
     communities to develop new--or expand existing--programs that 
     can both increase public safety and help these individuals 
     return to productive lives.
       We are very grateful for your continued leadership on this 
     important issue. We look forward to working with you in 
     support of the Mentally Ill Offender Treatment and Crime 
     Reduction Reauthorization Act. Its enactment is one of our 
     top federal priorities.
           Sincerely,
     Michael Festa,
       Executive Secretary of Elder Affairs, Commonwealth of 
     Massachusetts.
     Thomas Stickrath,
       Director. Ohio Department of Youth Service.
     Sharon Keller,
       Presiding Judge, Court of Criminal Appeals, Texas.
     Pat Colloton,
       Kansas House of Representatives.

  Madam Speaker, I reserve the balance of my time.
  Mr. SMITH of Texas. Madam Speaker, I yield myself such time as I may 
consume.
  Madam Speaker, I support H.R. 3992, the Mentally Ill Offender 
Treatment and Crime Reduction Reauthorization and Improvement Act.
  This legislation addresses the unique challenges that mentally ill 
offenders create for our criminal justice system.
  I commend Chairman Conyers, subcommittee Chairman Scott, subcommittee 
ranking member Gohmert, and the many advocacy groups for their 
dedication and hard work to address this problem.
  Madam Speaker, 16 percent of the prison or jail population, or over 1 
million prisoners, have a serious mental illness. The Los Angeles 
County Jail and New York City's Rikers Island Jail house more people 
with mental illnesses than the largest psychiatric inpatient facilities 
in the United States. The problem is more than one-fifth of jails have 
no access to any mental health services at all.
  Many criminal justice agencies are unprepared to address the 
treatment and needs of individuals with mental illness. Jails and 
prisons require extra staff and treatment resources for inmates with 
mental illness. In addition, mentally ill offenders can be affected 
psychologically by incarceration.
  H.R. 3992 represents an innovative and new approach to the challenge 
of mentally ill criminal offenders. This legislation is an important 
step toward treating mentally ill offenders in a humane and appropriate 
way.
  H.R. 3992 reauthorizes the Mentally Ill Offender Treatment and Crime 
Reduction Act, which encourages early intervention for individuals with 
mental illness, reauthorizes the mental health courts program, and 
maximizes alternatives to incarceration for nonviolent offenders with 
mental illness.
  The legislation also encourages training on mental health and 
substance abuse issues, establishes new 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, related service providers, and 
governmental partners.
  I urge my colleagues to support this legislation.
  Mr. CONYERS. Madam Speaker, I rise to voice my strong support for the 
Mentally III Offender Treatment and Crime Reduction Reauthorization and 
Improvement Act of 2007. This legislation would provide grants for 
improved mental health treatment and services provided to offenders 
with mental illness.

[[Page 657]]

  Over the course of the past three decades, as our country's mental 
health infrastructure has deteriorated, many mentally ill individuals 
have been forced to fend for themselves on the street. Oftentimes, 
these individuals end up in jail or prison for offenses related to 
their illness.
  Unfortunately, our jails and prisons have become the sanatoriums of 
the 21st century. As mental institutions have closed down, jails and 
prisons have filled up. In fact, prisons currently hold three times 
more mentally ill people than do psychiatric hospitals, and prisoners 
have rates of mental illness that can be as high as four times the rate 
of the general population.
  Not surprisingly, the prison system is ill-equipped to deal with the 
growing number of prisoners requiring psychiatric care. Jails and 
prisons do not have adequate resources to properly evaluate 
incarcerated individuals for mental health and substance abuse 
problems. Police and other law enforcement officials are generally not 
trained to handle mentally ill offenders. Mental health services may be 
provided, but they are often underfunded and inadequate.
  H.R. 3992, the ``Mentally III Offender Treatment and Crime Reduction 
Reauthorization and Improvement Act of 2007,'' addresses this problem 
by establishing grants for programs training law enforcement officials 
to better identify prisoners with mental illness and respond to their 
needs. In addition, H.R. 3992 would authorize funding for developing 
receiving centers to assess individuals in law enforcement custody for 
mental health and substance abuse treatment. Such funding would also be 
used to improve technology to facilitate information sharing among law 
enforcement and criminal justice personnel, as well as to promote 
evidence-based mental health care practices in correctional facilities.
  Madam Speaker, it is our moral responsibility to provide timely, 
appropriate and adequate health care to those in the custody of our 
correctional system. The treatment of mental illness should be no 
exception.
  Mr. SMITH of Texas. Madam Speaker, I yield back the balance of my 
time.
  Mr. SCOTT of Virginia. Madam Speaker, I urge my colleagues to support 
the legislation, and I yield back the balance of my time.
  The SPEAKER pro tempore. The question is on the motion offered by the 
gentleman from Virginia (Mr. Scott) that the House suspend the rules 
and pass the bill, H.R. 3992, as amended.
  The question was taken; and (two-thirds being in the affirmative) the 
rules were suspended and the bill, as amended, was passed.
  A motion to reconsider was laid on the table.

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