[Congressional Record (Bound Edition), Volume 154 (2008), Part 16]
[Senate]
[Pages 22200-22204]
[From the U.S. Government Publishing Office, www.gpo.gov]




                          LEGISLATIVE SESSION

                                 ______
                                 

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

  Mr. LEAHY. Mr. President, I ask unanimous consent that the Senate 
proceed to the immediate consideration of Calendar No. 622, S. 2304.
  The PRESIDING OFFICER. The clerk will report the bill by title.
  The bill clerk read as follows:

       A 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 illness, and for other purposes.

  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 in lieu 
thereof the following:

     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. Improving the mental health courts grant program.
Sec. 6. 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.
       (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. 3793aa(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) $75,000,000 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; 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 reentry services for such individuals; 
     and
       ``(D) have the support of both the Attorney General and the 
     Secretary.''.

[[Page 22201]]



     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 (42 U.S.C. 3797aa) is 
     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:
       ``(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 suicide risk and 
     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 intervention 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, including suicide prevention.
       ``(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 2009 through 2014.''.
       (b) Conforming Amendment.--Such part is further amended by 
     amending the part heading to read as follows: ``GRANTS TO 
     IMPROVE TREATMENT OF OFFENDERS WITH MENTAL ILLNESSES''.

     SEC. 5. 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 2009 through 2014''.
       (b) Additional Grant Uses Authorized.--Section 2201 of such 
     title (42 U.S.C. 3796ii) is amended--
       (1) in paragraph (1), by striking ``and'' at the end;
       (2) in paragraph (2) by striking the period at the end 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. 6. 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.

  Mr. LEAHY. Mr. President, I ask unanimous consent that a Kennedy 
amendment, which is at the desk, be agreed to; the committee substitute 
amendment, as amended, be agreed to; the bill, as amended, be read a 
third time and passed; the motions to reconsider be laid upon the 
table, with no intervening action or debate; and any statements related 
to the bill be printed in the Record.
  The PRESIDING OFFICER. Without objection, it is so ordered.
  The amendment (No. 5656) was agreed to, as follows:

       In lieu of the matter proposed to be inserted, insert the 
     following:

     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.
       (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--

[[Page 22202]]

       ``(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 committee amendment in the nature of a substitute, as amended, 
was agreed to.
  The bill (S. 2304), as amended, was ordered to be engrossed for a 
third reading, was read the third time, and passed.
  Mr. LEAHY. Mr. President, I was proud to be a cosponsor, but I am 
especially proud of the lead sponsor, Senator Edward Kennedy of 
Massachusetts. This is a matter he has cared passionately about, and he 
has worked tirelessly. He relied not only on his own family experience 
but also the experiences of so many other thousands of families who 
have seen Senator Kennedy as a champion. I applaud him.
  We have been in constant contact with Senator Kennedy during the time 
we have been talking about this issue. Incidentally, we are, of course, 
talking about The Mentally Ill Offender Treatment and Crime Reduction 
Reauthorization and Improvement Act. I have talked with him about his 
personal experience and with those who are mentally ill, and his 
concern about this whole subject has been shown time and time again. So 
I applaud Senator Kennedy and all the other cosponsors for what they 
have done.
  Today, the Senate will finally turn to legislation to reauthorize the 
Mentally Ill Offender Treatment and Crime Reduction Act. Though this 
bill was reported by the Judiciary Committee in April, it has stalled 
on the Senate floor for 5 months due to Republican objection. I am glad 
that we are moving forward on this bill today.
  I was a sponsor of the original authorization of this Act in 2004, 
and I am proud that these programs have helped State and local 
governments to reduce crime by providing more effective treatment for 
the mentally ill. I am pleased to be a cosponsor of the reauthorization 
of this important legislation in this Congress, and I thank Senators 
Kennedy, Domenici, and Specter for their leadership on this issue.
  All too often, people with mental illness find themselves in a 
revolving door between the criminal justice system and the streets of 
our communities, committing a series of minor offenses. These offenders 
end up in prisons or jails, where little or no appropriate medical care 
is available for them. This bill gives State and local governments the 
tools to break this cycle, for the good of law enforcement, corrections 
officers, the public's safety, and the mentally ill offenders 
themselves. More than 16 percent of adults incarcerated in U.S. jails 
and prisons have a mental illness, and about 20 percent of youth in the 
juvenile justice system have serious mental health problems. Almost 
half the inmates in prison with a mental illness were incarcerated for 
committing a nonviolent crime. This is a serious problem that I hear 
about often when I talk with law enforcement officials and others in 
Vermont.
  Under this bill, State and local governments can apply for funding to 
create or expand mental health courts or other court-based programs, 
which can divert qualified offenders from prison to receive treatment; 
create or expand programs to provide specialized training for criminal 
justice and mental health system personnel; create or expand local 
treatment programs that

[[Page 22203]]

serve individuals with mental illness or co-occurring mental illness 
and substance abuse disorders; and promote and provide mental health 
treatment for those incarcerated in or released from jails and prisons.
  The grants created under this program have been in high demand, but 
only about 11 percent of the applications submitted have been able to 
receive funding due to the scarce Federal funds available. The bill's 
sponsors and I worked hard to determine an appropriate authorization 
level of funding, which has unfortunately been slashed in this bill in 
order to accommodate the objection of the junior Senator from Oklahoma. 
I look forward to working with Senators Kennedy, Domenici, and Specter 
as the appropriations process moves forward so that these vital 
programs can be adequately funded.
  This legislation brings together law enforcement, corrections, and 
mental health professionals to help respond to the needs of our 
communities. They are familiar with the unique problems states face 
with mentally ill offenders, and they understand the importance of 
federal support. I am glad the Republican objection to moving this bill 
forward has been lifted, and I hope the House passes this important 
bill swiftly.
  Mr. DOMENICI. Mr. President, I rise today with my colleagues, Senator 
Kennedy, Senator Leahy, and Senator Specter, to laud the passage of S. 
2304, the Mentally Ill Offender Treatment and Crime Reduction 
Reauthorization and Improvement Act of 2008. This bill reauthorizes and 
improves several programs intended to provide federal support for 
collaborations between criminal justice and mental health systems.
  I must first show my great admiration and appreciation for Senator 
Ted Kennedy, with whom I have worked diligently on legislation related 
to mental illness. His support, knowledge, and friendship have been 
invaluable in our joint fight for better access and opportunities for 
the millions of Americans who suffer from some form of mental illness. 
To him I owe a debt of gratitude and am thankful for the opportunity to 
have worked so closely with him for so many years.
  It is estimated that approximately 16 percent of adult U.S. jail and 
prison inmates suffer from mental illness and the numbers are even 
higher in the juvenile justice system. Many of these individuals are 
not violent or habitual criminals. Most have been charged or convicted 
of non-violent crimes that are a direct consequence of not having 
received needed treatment and supportive services for their mental 
illness.
  The presence of defendants with mental illnesses in the criminal 
justice system imposes substantial costs on that system and can cause 
significant harm to defendants. In response to this problem, a number 
of communities around the country are implementing mental health 
courts, a specialty court model that utilizes a separate docket, 
coupled with regular judicial supervision, to respond to individuals 
with mental illnesses who come in contact with the justice system.
  Many communities are not prepared to meet the comprehensive treatment 
and needs of individuals with mental illness when they enter the 
criminal justice system. The bill passing today is intended to help 
provide resources to help states and counties design and implement 
collaborative efforts between criminal justice and mental health 
structures. The bill reauthorizes the Mentally Ill Offender Treatment 
and Crime Reduction Grant Program and reauthorizes the Mental Health 
Courts Program. It creates a new grant program to help law enforcement 
identify and respond to incidents involving persons with mental illness 
and it funds a study and report on the prevalence of mentally ill 
offenders in the criminal justice system. All of these reforms will 
help to address this problem from both a public safety and a public 
health point of view. This will help save taxpayers money, improve 
public safety, and link individuals with the treatment they need to 
become productive members of their community.
  Certainly, not every crime committed by an individual diagnosed with 
a mental illness is attributable to their illness or to the failure of 
public mental health. Mental health courts are not a panacea for 
addressing the needs of the growing number of people with mental 
illnesses who come in contact with the criminal justice system. But 
they should be one part of the solution. Evidence has shown that in 
communities where mental health and criminal justice interests work 
collaboratively on solutions it can make a significant impact in 
fostering recovery, improving treatment outcomes and decreasing 
recidivism.
  I thank my good friends for working with me on this very important 
issue. I appreciate their commitment to advancing these important 
programs and I am thankful to be here to see the passage of this 
legislation that we worked so hard on.
  (At the request of Mr. Reid, the following statement was ordered to 
be printed in the Record.)
 Mr. KENNEDY. Mr. President, it is a privilege to join my 
colleague from New Mexico, Senator Domenici, in strongly supporting 
Senate passage of S. 2304, the Mentally Ill Offender Treatment and 
Crime Reduction Reauthorization and Improvement Act of 2008. This 
bicameral, bipartisan legislation demonstrates strong Federal support 
for helping local communities address the current crisis in which far 
too many persons with mental illness are subjected to incarceration, 
not treatment. With full funding, this proposal has the potential to 
achieve significant reforms in the criminal justice system's treatment 
of people diagnosed with mental illness.
  I commend Senator Domenici for his leadership on this bill and on 
many other initiatives to improve our Nation's mental health system. I 
also commend the leadership of Representatives Bobby Scott and Forbes 
in the House of Representatives on this issue. This important 
legislation will promote cooperative initiatives that will 
significantly reduce recidivism and improve treatment outcomes for 
mentally ill offenders.
  Based on the most recent studies by the Bureau of Justice, more than 
half of all prison and jail inmates in 2005 had a mental health 
problem, including 56 percent of inmates in State prisons, 45 percent 
of Federal prisoners, and 64 percent of jail inmates. According to a 
report by the Council of State Governments' Criminal Justice-Mental 
Health Consensus Project, the rate of mental illness in State prisons 
and jails is at least three times the rate in the general population, 
and at least three-quarters of those incarcerated have a substance 
abuse disorder.
  Far too often, individuals are subjected to the criminal justice 
system, when what is really needed is treatment and support for mental 
illness or substance abuse disorders. Families often resort in 
desperation to the police in order to obtain treatment and assistance 
for a loved one suffering from an extreme episode of a mental illness. 
During times of such distress, families feel they have no other 
alternative because persons with symptoms such as paranoia, exaggerated 
actions, or impaired judgment are unable to recognize the need for 
treatment.
  It is unconscionable, and may well be unconstitutional, for these 
vulnerable individuals to be further marginalized after they are 
incarcerated. Too often they are denied even minimal treatment because 
of inadequate resources. Most mentally ill offenders who come into 
contact with the criminal justice system are charged with low-level, 
nonviolent crimes. Once behind bars, they may well face an environment 
that further exacerbates symptoms of mental illness that might 
otherwise be manageable with proper treatment, and they may soon be 
back in prison as a result of insufficient and inadequate services when 
they are released.
  This bill reauthorizes critical programs to move away from troubled 
systems that often result in the escalating incarceration of 
individuals with mental illness. Through this legislation, State and 
local correctional facilities will be able to create appropriate, cost-
effective solutions. In particular, I am very supportive of the crisis 
intervention teams that many communities

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have developed to expand cooperation between the mental health system 
and law enforcement. These teams have been very effective in enabling 
officers to spend less time arresting mentally ill individuals and more 
time directing them toward treatment. I also support the continued 
expansion of mental health courts, so that defendants can be placed 
into judicially supervised community-based treatment programs, which 
often result in better outcomes and reduced recidivism.
  To date, we have seen only a fraction of the possible potential of 
this legislation, because only a small number of communities have been 
able to benefit from this legislation. Because of limited Federal 
funding, only 11 percent of applicants have been able to receive one of 
these grants, even though demand for them is high. No magic solution 
will solve the problems faced by communities across America. But this 
bill will effectively address local needs by fostering greater 
cooperation between law enforcement and mental health providers.
  In addition, members of State and local law enforcement need access 
to training and other alternatives to improve safety and 
responsiveness. It reauthorizes the Mentally Ill Offender Treatment 
Program and maintains its authorized funding at $50 million a year. The 
legislation also authorizes grants to States and local governments to 
train law enforcement personnel on procedures to identify and respond 
more appropriately to persons with mental illness, and develop 
specialized receiving centers to assess individuals in custody.
  The broad support for this legislation includes the Council of State 
Governments, the National Alliance on Mental Illness, the National 
Sheriffs Association, the Bazelon Center for Mental Health Law, the 
National Council for Community Behavioral Healthcare, the National 
Alliance for the Mentally Ill, the Campaign for Mental Health Reform 
and Mental Health America. These organizations understand it will 
provide much needed assistance to help solve this complex problem. 
Courts, law enforcement, corrections and mental health communities have 
all come together in support of this legislation, and Congress is right 
to respond.
  Individuals and their loved ones struggle with countless challenges 
and barriers during a mental health crisis. With this bill, Congress 
will be providing significant new support for needed cooperative 
efforts between law enforcement and mental health experts. I am pleased 
that the Senate supports this legislation, and I am optimistic it will 
be enacted before the end of this current session of Congress.
  The PRESIDING OFFICER. The Senator from Pennsylvania.

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