[House Report 108-732]
[From the U.S. Government Publishing Office]
108th Congress Report
HOUSE OF REPRESENTATIVES
2d Session 108-732
======================================================================
MENTALLY ILL OFFENDER TREATMENT AND CRIME REDUCTION ACT OF 2004
_______
October 5, 2004.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany S. 1194]
[Including Committee Cost Estimate]
The Committee on the Judiciary, to whom was referred the bill
(S. 1194) to foster local collaborations which will ensure that
resources are effectively and efficiently used within the
criminal and juvenile justice systems, having considered the
same, reports favorably thereon with an amendment and
recommends that the bill as amended do pass.
CONTENTS
Page
The Amendment.................................................... 2
Purpose and Summary.............................................. 8
Background and Need for the Legislation.......................... 8
Hearings......................................................... 8
Committee Consideration.......................................... 9
Vote of the Committee............................................ 9
Committee Oversight Findings..................................... 9
New Budget Authority and Tax Expenditures........................ 9
Committee Cost Estimate.......................................... 9
Performance Goals and Objectives................................. 9
Constitutional Authority Statement............................... 9
Section-by-Section Analysis and Discussion....................... 10
Changes in Existing Law Made by the Bill, as Reported............ 10
Committee Jurisdiction Letters................................... 19
Markup Transcript................................................ 22
The Amendment
The amendment is as follows:
Strike all after the enacting clause and insert the
following:
SECTION 1. SHORT TITLE.
This Act may be cited as the ``Mentally Ill Offender Treatment and
Crime Reduction Act of 2004''.
SEC. 2. FINDINGS.
Congress finds the following:
(1) According to the Bureau of Justice Statistics, over 16
percent of adults incarcerated in United States jails and
prisons have a mental illness.
(2) According to the Office of Juvenile Justice and
Delinquency Prevention, approximately 20 percent of youth in
the juvenile justice system have serious mental health
problems, and a significant number have co-occurring mental
health and substance abuse disorders.
(3) According to the National Alliance for the Mentally
Ill, up to 40 percent of adults who suffer from a serious
mental illness will come into contact with the American
criminal justice system at some point in their lives.
(4) According to the Office of Juvenile Justice and
Delinquency Prevention, over 150,000 juveniles who come into
contact with the juvenile justice system each year meet the
diagnostic criteria for at least 1 mental or emotional
disorder.
(5) A significant proportion of adults with a serious
mental illness who are involved with the criminal justice
system are homeless or at imminent risk of homelessness, and
many of these individuals are arrested and jailed for minor,
nonviolent offenses.
(6) The majority of individuals with a mental illness or
emotional disorder who are involved in the criminal or juvenile
justice systems are responsive to medical and psychological
interventions that integrate treatment, rehabilitation, and
support services.
(7) Collaborative programs between mental health, substance
abuse, and criminal or juvenile justice systems that ensure the
provision of services for those with mental illness or co-
occurring mental illness and substance abuse disorders can
reduce the number of such individuals in adult and juvenile
corrections facilities, while providing improved public safety.
SEC. 3. PURPOSE.
The purpose of this Act is to increase public safety by
facilitating collaboration among the criminal justice, juvenile
justice, mental health treatment, and substance abuse systems. Such
collaboration is needed to--
(1) protect public safety by intervening with adult and
juvenile offenders with mental illness or co-occurring mental
illness and substance abuse disorders;
(2) provide courts, including existing and new mental
health courts, with appropriate mental health and substance
abuse treatment options;
(3) maximize the use of alternatives to prosecution through
graduated sanctions in appropriate cases involving nonviolent
offenders with mental illness;
(4) promote adequate training for criminal justice system
personnel about mental illness and substance abuse disorders
and the appropriate responses to people with such illnesses;
(5) promote adequate training for mental health and
substance abuse treatment personnel about criminal offenders
with mental illness or co-occurring substance abuse disorders
and the appropriate response to such offenders in the criminal
justice system;
(6) promote communication among adult or juvenile justice
personnel, mental health and co-occurring mental illness and
substance abuse disorders treatment personnel, nonviolent
offenders with mental illness or co-occurring mental illness
and substance abuse disorders, and support services such as
housing, job placement, community, faith-based, and crime
victims organizations; and
(7) promote communication, collaboration, and
intergovernmental partnerships among municipal, county, and
State elected officials with respect to mentally ill offenders.
SEC. 4. DEPARTMENT OF JUSTICE MENTAL HEALTH AND CRIMINAL JUSTICE
COLLABORATION PROGRAM.
(a) In General.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at
the end the following:
``PART HH--ADULT AND JUVENILE COLLABORATION PROGRAM GRANTS
``SEC. 2991. ADULT AND JUVENILE COLLABORATION PROGRAMS.
``(a) Definitions.--In this section, the following definitions
shall apply:
``(1) Applicant.--The term `applicant' means States, units
of local government, Indian tribes, and tribal organizations
that apply for a grant under this section.
``(2) Collaboration program.--The term `collaboration
program' means a program to promote public safety by ensuring
access to adequate mental health and other treatment services
for mentally ill adults or juveniles that is overseen
cooperatively by--
``(A) a criminal or juvenile justice agency or a
mental health court; and
``(B) a mental health agency.
``(3) Criminal or juvenile justice agency.--The term
`criminal or juvenile justice agency' means an agency of a
State or local government or its contracted agency that is
responsible for detection, arrest, enforcement, prosecution,
defense, adjudication, incarceration, probation, or parole
relating to the violation of the criminal laws of that State or
local government.
``(4) Diversion and alternative prosecution and
sentencing.--
``(A) In general.--The terms `diversion' and
`alternative prosecution and sentencing' mean the
appropriate use of effective mental health treatment
alternatives to juvenile justice or criminal justice
system institutional placements for preliminarily
qualified offenders.
``(B) Appropriate use.--In this paragraph, the term
`appropriate use' includes the discretion of the judge
or supervising authority, the leveraging of graduated
sanctions to encourage compliance with treatment, and
law enforcement diversion, including crisis
intervention teams.
``(C) Graduated sanctions.--In this paragraph, the
term `graduated sanctions' means an accountability-
based graduated series of sanctions (including
incentives, treatments, and services) applicable to
mentally ill offenders within both the juvenile and
adult justice system to hold individuals accountable
for their actions and to protect communities by
providing appropriate sanctions for inducing law-
abiding behavior and preventing subsequent involvement
in the criminal justice system.
``(5) Mental health agency.--The term `mental health
agency' means an agency of a State or local government or its
contracted agency that is responsible for mental health
services or co-occurring mental health and substance abuse
services.
``(6) Mental health court.--The term `mental health court'
means a judicial program that meets the requirements of part V
of this title.
``(7) Mental illness.--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)(i) that, in the case of an adult, has
resulted in functional impairment that substantially
interferes with or limits 1 or more major life
activities; or
``(ii) that, in the case of a juvenile, has
resulted in functional impairment that substantially
interferes with or limits the juvenile's role or
functioning in family, school, or community activities.
``(8) Nonviolent offense.--The term `nonviolent offense'
means an offense that does not have as an element the use,
attempted use, or threatened use of physical force against the
person or property of another or 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.
``(9) Preliminarily qualified offender.--The term
`preliminarily qualified offender' means an adult or juvenile
accused of a nonviolent offense who--
``(A)(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; or
``(ii) manifests obvious signs of mental illness or
co-occurring mental illness and substance abuse
disorders during arrest or confinement or before any
court; and
``(B) has faced, is facing, or could face criminal
charges for a misdemeanor or nonviolent offense and is
deemed eligible by a diversion process, designated
pretrial screening process, or by a magistrate or
judge, on the ground that the commission of the offense
is the product of the person's mental illness.
``(10) Secretary.--The term `Secretary' means the Secretary
of Health and Human Services.
``(11) Unit of local government.--The term `unit of local
government' means any city, county, township, town, borough,
parish, village, or other general purpose political subdivision
of a State, including a State court, local court, or a
governmental agency located within a city, county, township,
town, borough, parish, or village.
``(b) Planning and Implementation Grants.--
``(1) In general.--The Attorney General, in consultation
with the Secretary, may award nonrenewable grants to eligible
applicants to prepare a comprehensive plan for and implement an
adult or juvenile collaboration program, which targets
preliminarily qualified offenders in order to promote public
safety and public health.
``(2) Purposes.--Grants awarded under this section shall be
used to create or expand--
``(A) mental health courts or other court-based
programs for preliminarily qualified offenders;
``(B) programs that offer specialized training to
the officers and employees of a criminal or juvenile
justice agency and mental health personnel serving
those with co-occurring mental illness and substance
abuse problems in procedures for identifying the
symptoms of preliminarily qualified offenders in order
to respond appropriately to individuals with such
illnesses;
``(C) programs that support cooperative efforts by
criminal and juvenile justice agencies and mental
health agencies to promote public safety by offering
mental health treatment services and, where
appropriate, substance abuse treatment services for--
``(i) preliminarily qualified offenders
with mental illness or co-occurring mental
illness and substance abuse disorders; or
``(ii) adult offenders with mental illness
during periods of incarceration, while under
the supervision of a criminal justice agency,
or following release from correctional
facilities; and
``(D) programs that support intergovernmental
cooperation between State and local governments with
respect to the mentally ill offender.
``(3) Applications.--
``(A) In general.--To receive a planning grant or
an implementation grant, the joint applicants shall
prepare and submit a single application to the Attorney
General at such time, in such manner, and containing
such information as the Attorney General and the
Secretary shall reasonably require. An application
under part V of this title may be made in conjunction
with an application under this section.
``(B) Combined planning and implementation grant
application.--The Attorney General and the Secretary
shall develop a procedure under which applicants may
apply at the same time and in a single application for
a planning grant and an implementation grant, with
receipt of the implementation grant conditioned on
successful completion of the activities funded by the
planning grant.
``(4) Planning grants.--
``(A) Application.--The joint applicants may apply
to the Attorney General for a nonrenewable planning
grant to develop a collaboration program.
``(B) Contents.--The Attorney General and the
Secretary may not approve a planning grant unless the
application for the grant includes or provides, at a
minimum, for a budget and a budget justification, a
description of the outcome measures that will be used
to measure the effectiveness of the program in
promoting public safety and public health, the
activities proposed (including the provision of
substance abuse treatment services, where appropriate)
and a schedule for completion of such activities, and
the personnel necessary to complete such activities.
``(C) Period of grant.--A planning grant shall be
effective for a period of 1 year, beginning on the
first day of the month in which the planning grant is
made. Applicants may not receive more than 1 such
planning grant.
``(D) Amount.--The amount of a planning grant may
not exceed $75,000, except that the Attorney General
may, for good cause, approve a grant in a higher
amount.
``(E) Collaboration set aside.--Up to 5 percent of
all planning funds shall be used to foster
collaboration between State and local governments in
furtherance of the purposes set forth in the Mentally
Ill Offender Treatment and Crime Reduction Act of 2004.
``(5) Implementation grants.--
``(A) Application.--Joint applicants that have
prepared a planning grant application may apply to the
Attorney General for approval of a nonrenewable
implementation grant to develop a collaboration
program.
``(B) Collaboration.--To receive an implementation
grant, the joint applicants shall--
``(i) document that at least 1 criminal or
juvenile justice agency (which can include a
mental health court) and 1 mental health agency
will participate in the administration of the
collaboration program;
``(ii) describe the responsibilities of
each participating agency, including how each
agency will use grant resources to provide
supervision of offenders and jointly ensure
that the provision of mental health treatment
services and substance abuse services for
individuals with co-occurring mental health and
substance abuse disorders are coordinated,
which may range from consultation or
collaboration to integration in a single
setting or treatment model;
``(iii) in the case of an application from
a unit of local government, document that a
State mental health authority has provided
comment and review; and
``(iv) involve, to the extent practicable,
in developing the grant application--
``(I) preliminarily qualified
offenders;
``(II) the families and advocates
of such individuals under subclause
(I); and
``(III) advocates for victims of
crime.
``(C) Content.--To be eligible for an
implementation grant, joint applicants shall comply
with the following:
``(i) Definition of target population.--
Applicants for an implementation grant shall--
``(I) describe the population with
mental illness or co-occurring mental
illness and substance abuse disorders
that is targeted for the collaboration
program; and
``(II) develop guidelines that can
be used by personnel of an adult or
juvenile justice agency to identify
preliminarily qualified offenders.
``(ii) Services.--Applicants for an
implementation grant shall--
``(I) ensure that preliminarily
qualified offenders who are to receive
treatment services under the
collaboration program will first
receive individualized, validated,
needs-based assessments to determine,
plan, and coordinate the most
appropriate services for such
individuals;
``(II) specify plans for making
mental health, or mental health and
substance abuse, treatment services
available and accessible to
preliminarily qualified offenders at
the time of their release from the
criminal justice system, including
outside of normal business hours;
``(III) ensure that there are
substance abuse personnel available to
respond appropriately to the treatment
needs of preliminarily qualified
offenders;
``(IV) determine eligibility for
Federal benefits;
``(V) ensure that preliminarily
qualified offenders served by the
collaboration program will have
adequate supervision and access to
effective and appropriate community-
based mental health services,
including, in the case of individuals
with co-occurring mental health and
substance abuse disorders, coordinated
services, which may range from
consultation or collaboration to
integration in a single setting
treatment model;
``(VI) make available, to the
extent practicable, other support
services that will ensure the
preliminarily qualified offender's
successful reintegration into the
community (such as housing, education,
job placement, mentoring, and health
care and benefits, as well as the
services of faith-based and community
organizations for mentally ill
individuals served by the collaboration
program); and
``(VII) include strategies, to the
extent practicable, to address
developmental and learning disabilities
and problems arising from a documented
history of physical or sexual abuse.
``(D) Housing and job placement.--Recipients of an
implementation grant may use grant funds to assist
mentally ill offenders compliant with the program in
seeking housing or employment assistance.
``(E) Policies and procedures.--Applicants for an
implementation grant shall strive to ensure prompt
access to defense counsel by criminal defendants with
mental illness who are facing charges that would
trigger a constitutional right to counsel.
``(F) Financial.--Applicants for an implementation
grant shall--
``(i) explain the applicant's inability to
fund the collaboration program adequately
without Federal assistance;
``(ii) specify how the Federal support
provided will be used to supplement, and not
supplant, State, local, Indian tribe, or tribal
organization sources of funding that would
otherwise be available, including billing
third-party resources for services already
covered under programs (such as Medicaid,
Medicare, and the State Children's Insurance
Program); and
``(iii) outline plans for obtaining
necessary support and continuing the proposed
collaboration program following the conclusion
of Federal support.
``(G) Outcomes.--Applicants for an implementation
grant shall--
``(i) identify methodology and outcome
measures, as required by the Attorney General
and the Secretary, to be used in evaluating the
effectiveness of the collaboration program;
``(ii) ensure mechanisms are in place to
capture data, consistent with the methodology
and outcome measures under clause (i); and
``(iii) submit specific agreements from
affected agencies to provide the data needed by
the Attorney General and the Secretary to
accomplish the evaluation under clause (i).
``(H) State plans.--Applicants for an
implementation grant shall describe how the adult or
juvenile collaboration program relates to existing
State criminal or juvenile justice and mental health
plans and programs.
``(I) Use of funds.--Applicants that receive an
implementation grant may use funds for 1 or more of the
following purposes:
``(i) Mental health courts and diversion/
alternative prosecution and sentencing
programs.--Funds may be used to create or
expand existing mental health courts that meet
program requirements established by the
Attorney General under part V of this title,
other court-based programs, or diversion and
alternative prosecution and sentencing programs
(including crisis intervention teams and
treatment accountability services for
communities) that meet requirements established
by the Attorney General and the Secretary.
``(ii) Training.--Funds may be used to
create or expand programs, such as crisis
intervention training, which offer specialized
training to--
``(I) criminal justice system
personnel to identify and respond
appropriately to the unique needs of
preliminarily qualified offenders; or
``(II) mental health system
personnel to respond appropriately to
the treatment needs of preliminarily
qualified offenders.
``(iii) Service delivery.--Funds may be
used to create or expand programs that promote
public safety by providing the services
described in subparagraph (C)(ii) to
preliminarily qualified offenders.
``(iv) In-jail and transitional services.--
Funds may be used to promote and provide mental
health treatment and transitional services for
those incarcerated or for transitional re-entry
programs for those released from any penal or
correctional institution.
``(J) Geographic distribution of grants.--The
Attorney General, in consultation with the Secretary,
shall ensure that planning and implementation grants
are equitably distributed among the geographical
regions of the United States and between urban and
rural populations.
``(c) Priority.--The Attorney General, in awarding funds under this
section, shall give priority to applications that--
``(1) demonstrate the strongest commitment to ensuring that
such funds are used to promote both public health and public
safety;
``(2) demonstrate the active participation of each co-
applicant in the administration of the collaboration program;
``(3) 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
``(4) have the support of both the Attorney General and the
Secretary.
``(d) Matching Requirements.--
``(1) Federal share.--The Federal share of the cost of a
collaboration program carried out by a State, unit of local
government, Indian tribe, or tribal organization under this
section shall not exceed--
``(A) 80 percent of the total cost of the program
during the first 2 years of the grant;
``(B) 60 percent of the total cost of the program
in year 3; and
``(C) 25 percent of the total cost of the program
in years 4 and 5.
``(2) Non-federal share.--The non-Federal share of payments
made under this section may be made in cash or in-kind fairly
evaluated, including planned equipment or services.
``(e) Federal Use of Funds.--The Attorney General, in consultation
with the Secretary, in administering grants under this section, may use
up to 3 percent of funds appropriated to--
``(1) research the use of alternatives to prosecution
through pretrial diversion in appropriate cases involving
individuals with mental illness;
``(2) offer specialized training to personnel of criminal
and juvenile justice agencies in appropriate diversion
techniques;
``(3) provide technical assistance to local governments,
mental health courts, and diversion programs, including
technical assistance relating to program evaluation;
``(4) help localities build public understanding and
support for community reintegration of individuals with mental
illness;
``(5) develop a uniform program evaluation process; and
``(6) conduct a national evaluation of the collaboration
program that will include an assessment of its cost-
effectiveness.
``(f) Interagency Task Force.--
``(1) In general.--The Attorney General and the Secretary
shall establish an interagency task force with the Secretaries
of Housing and Urban Development, Labor, Education, and
Veterans Affairs and the Commissioner of Social Security, or
their designees.
``(2) Responsibilities.--The task force established under
paragraph (1) shall--
``(A) identify policies within their departments
that hinder or facilitate local collaborative
initiatives for preliminarily qualified offenders; and
``(B) submit, not later than 2 years after the date
of enactment of this section, a report to Congress
containing recommendations for improved
interdepartmental collaboration regarding the provision
of services to preliminarily qualified offenders.
``(g) Minimum Allocation.--Unless all eligible applications
submitted by any State or unit of local government within such State
for a planning or implementation grant under this section have been
funded, such State, together with grantees within the State (other than
Indian tribes), shall be allocated in each fiscal year under this
section not less than 0.75 percent of the total amount appropriated in
the fiscal year for planning or implementation grants pursuant to this
section.
``(h) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Justice to carry out this section--
``(1) $50,000,000 for fiscal year 2005; and
``(2) such sums as may be necessary for fiscal years 2006
through 2009.''.
(b) List of ``Best Practices''.--The Attorney General, in
consultation with the Secretary of Health and Human Services, shall
develop a list of ``best practices'' for appropriate diversion from
incarceration of adult and juvenile offenders.
Purpose and Summary
S. 1194, the ``Mentally Ill Offender Treatment and Crime
Reduction Act of 2004,'' creates a grant program to encourage
state and local governments to improve their treatment of
mentally ill offenders. The grants can be used: to fund mental
health courts or diversion programs; to promote cooperation
between the criminal justice and mental health personnel; or to
train criminal justice and mental health personnel on issues
relating to mentally ill offenders.
On June 22, 2004, the Subcommittee on Crime, Terrorism, and
Homeland Security held a hearing to examine the prevalence of
mental illness in the criminal justice system and to explore
ways to improve the situation. The Bureau of Justice Statistics
(``BJS'') estimates that as many as 16% of inmates in the
nation's prisons and jails suffer from mental illness. Mentally
ill inmates are more expensive to house, and they are generally
confined for longer periods than other inmates because their
illness complicates their release.
The Committee adopted an amendment in the nature of a
substitute that ensures an appropriate role for victims and law
enforcement personnel in dealing with mentally ill offenders,
encourages graduated sanctions, limits the amount of
authorizations, and encourages continued monitoring of mentally
ill offenders after release.
Background and Need for the Legislation
BJS estimated in 1999 that 16% of State prison inmates, 7%
of Federal inmates, and 16% of inmates in local jails or on
probation reported either a mental condition or an overnight
stay in a mental hospital. According to BJS, white inmates were
more likely than blacks or Hispanics to report a mental
illness, and offender mental illness was highest for those
between the ages of 45 and 54.
According to this study and others, homelessness and
unemployment are more prevalent among the mentally ill.
Additional statistics show that six in ten mentally ill State
inmates were under the influence of alcohol or drugs at the
time of the offense, and one third of all mentally ill
offenders were dependent on alcohol. BJS also found that six in
ten of the mentally ill received treatment while incarcerated.
These statistics show the importance of mental health
treatment as well as additional assistance for mentally ill
offenders. They also illustrate the importance of treating
substance abuse problems as well as the underlying mental
illnesses.
Hearings
The Committee's Subcommittee on Crime, Terrorism, and
Homeland Security held a hearing on S. 1194 on June 22, 2004.
Testimony was received from 4 witnesses, representing various
organizations, with additional material submitted for the
record by other individuals and organizations.
Committee Consideration
On September 23, 2004, the Subcommittee on Crime,
Terrorism, and Homeland Security met in open session and
ordered favorably reported the bill S. 1194, with an amendment,
by a voice vote, a quorum being present. On September 30, 2004,
the Committee met in open session and ordered favorably
reported the bill S. 1194, with an amendment, by voice vote, a
quorum being present.
Vote of the Committee
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee notes that there
were no recorded votes during the Committee's consideration of
S. 1194.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee reports that the
findings and recommendations of the Committee, based on
oversight activities under clause 2(b)(1) of rule X of the
Rules of the House of Representatives, are incorporated in the
descriptive portions of this report.
New Budget Authority and Tax Expenditures
Clause 3(c)(2) of rule XIII of the Rules of the House of
Representatives is inapplicable because this legislation does
not provide new budgetary authority or increased tax
expenditures.
Committee Cost Estimate
In compliance with clause 3(d)(2) of rule XIII of the Rules
of the House of Representatives, the Committee notes that the
bill authorizes $50 million for the current fiscal year 2005,
and such sums as shall be necessary for fiscal years 2006
through 2009. All authorized amounts are subject to
appropriations of the authorized amounts, and the costs for
this fiscal year and the five following fiscal years will be
the amounts that Congress appropriates pursuant to these
authorizations. The Committee did not receive any estimates of
the costs of this legislation from any other government agency
as outlined in clause 3(d)(2)(B) of rule XIII. The bill
authorizes new programs so the Committee cannot provide a
comparison with relevant programs under current law as outlined
in clause 3(d)(2)(C) of rule XIII.
Performance Goals and Objectives
The Committee states that pursuant to clause 3(c)(4) of
rule XIII of the Rules of the House of Representatives, S. 1194
will help to reduce recidivism among mentally ill offenders in
the criminal justice system.
Constitutional Authority Statement
Pursuant to clause 3(d)(1) of rule XIII of the Rules of the
House of Representatives, the Committee finds the authority for
this legislation in article I, Sec. 8 of the Constitution.
Section-by-Section Analysis and Discussion
The following discussion describes the bill as reported by
the Committee.
Section 1. Short title.
This section establishes the short title of the bill as the
``Mentally Ill Offender Treatment and Crime Reduction Act of
2004.''
Section 2. Findings
This section makes findings regarding the prevalence of
mentally ill offenders in correctional institutions in America.
Section 3. Purpose
This section provides that the purpose of this bill is to
reduce recidivism among mentally ill offenders; to establish
mental health treatment options for courts; to maximize the use
of alternatives to prosecution for the mentally ill in
appropriate cases; to promote training for criminal justice
system personnel; and to promote communication and
collaboration between criminal justice system personnel and
mental health treatment providers.
Section 4. Department of Justice Mental Health and Criminal Justice
Collaboration Program
This section authorizes the Department of Justice to make
planning and implementation grants to state and local
governments to create or expand mental health courts or
diversion programs; to train criminal justice personnel and
mental health personnel; to support cooperation between
criminal and juvenile justice agencies and the mental health
community; to assist mentally ill offenders in seeking
employment or housing; and to provide mental health services
both during incarceration and during the transition back to
society. The Committee notes that mental conditions resulting
from neurological injury or disease qualify in the definition
of mental illness and, for purposes of this Act, those who have
mental conditions with a discernible neurological cause should
be considered eligible to meet the criteria for having a mental
illness.
Each state shall receive a minimum allocation of not less
than .75 percent of the amount allocated under this bill.
Participants in the collaboration programs must match a
percentage of the Federal funds allocated.
The Attorney General and the Secretary of Health and Human
Services are required to establish an interagency task force to
address barriers to collaboration on issues relating to
mentally ill offenders. Additionally, the Attorney General and
the Secretary shall develop a list of best practices for
addressing these offenders. Finally, this section authorizes
$50 million for FY2005 and such sums as may be necessary for
FY2006 through FY2009.
Changes in Existing Law Made by the Bill, as Reported
In compliance with clause 3(e) of rule XIII of the Rules of
the House of Representatives, changes in existing law made by
the bill, as reported, are shown as follows (new matter is
printed in italics and existing law in which no change is
proposed is shown in roman):
OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968
* * * * * * *
TITLE I--JUSTICE SYSTEM IMPROVEMENT
* * * * * * *
PART HH--ADULT AND JUVENILE COLLABORATION PROGRAM GRANTS
SEC. 2991. ADULT AND JUVENILE COLLABORATION PROGRAMS.
(a) Definitions.--In this section, the following
definitions shall apply:
(1) Applicant.--The term ``applicant'' means
States, units of local government, Indian tribes, and
tribal organizations that apply for a grant under this
section.
(2) Collaboration program.--The term
``collaboration program'' means a program to promote
public safety by ensuring access to adequate mental
health and other treatment services for mentally ill
adults or juveniles that is overseen cooperatively by--
(A) a criminal or juvenile justice agency
or a mental health court; and
(B) a mental health agency.
(3) Criminal or juvenile justice agency.--The term
``criminal or juvenile justice agency'' means an agency
of a State or local government or its contracted agency
that is responsible for detection, arrest, enforcement,
prosecution, defense, adjudication, incarceration,
probation, or parole relating to the violation of the
criminal laws of that State or local government.
(4) Diversion and alternative prosecution and
sentencing.--
(A) In general.--The terms ``diversion''
and ``alternative prosecution and sentencing''
mean the appropriate use of effective mental
health treatment alternatives to juvenile
justice or criminal justice system
institutional placements for preliminarily
qualified offenders.
(B) Appropriate use.--In this paragraph,
the term ``appropriate use'' includes the
discretion of the judge or supervising
authority, the leveraging of graduated
sanctions to encourage compliance with
treatment, and law enforcement diversion,
including crisis intervention teams.
(C) Graduated sanctions.--In this
paragraph, the term ``graduated sanctions''
means an accountability-based graduated series
of sanctions (including incentives, treatments,
and services) applicable to mentally ill
offenders within both the juvenile and adult
justice system to hold individuals accountable
for their actions and to protect communities by
providing appropriate sanctions for inducing
law-abiding behavior and preventing subsequent
involvement in the criminal justice system.
(5) Mental health agency.--The term ``mental health
agency'' means an agency of a State or local government
or its contracted agency that is responsible for mental
health services or co-occurring mental health and
substance abuse services.
(6) Mental health court.--The term ``mental health
court'' means a judicial program that meets the
requirements of part V of this title.
(7) Mental illness.--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)(i) that, in the case of an adult, has
resulted in functional impairment that
substantially interferes with or limits 1 or
more major life activities; or
(ii) that, in the case of a juvenile, has
resulted in functional impairment that
substantially interferes with or limits the
juvenile's role or functioning in family,
school, or community activities.
(8) Nonviolent offense.--The term ``nonviolent
offense'' means an offense that does not have as an
element the use, attempted use, or threatened use of
physical force against the person or property of
another or 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.
(9) Preliminarily qualified offender.--The term
``preliminarily qualified offender'' means an adult or
juvenile accused of a nonviolent offense who--
(A)(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; or
(ii) manifests obvious signs of mental
illness or co-occurring mental illness and
substance abuse disorders during arrest or
confinement or before any court; and
(B) has faced, is facing, or could face
criminal charges for a misdemeanor or
nonviolent offense and is deemed eligible by a
diversion process, designated pretrial
screening process, or by a magistrate or judge,
on the ground that the commission of the
offense is the product of the person's mental
illness.
(10) Secretary.--The term ``Secretary'' means the
Secretary of Health and Human Services.
(11) Unit of local government.--The term ``unit of
local government'' means any city, county, township,
town, borough, parish, village, or other general
purpose political subdivision of a State, including a
State court, local court, or a governmental agency
located within a city, county, township, town, borough,
parish, or village.
(b) Planning and Implementation Grants.--
(1) In general.--The Attorney General, in
consultation with the Secretary, may award nonrenewable
grants to eligible applicants to prepare a
comprehensive plan for and implement an adult or
juvenile collaboration program, which targets
preliminarily qualified offenders in order to promote
public safety and public health.
(2) Purposes.--Grants awarded under this section
shall be used to create or expand--
(A) mental health courts or other court-
based programs for preliminarily qualified
offenders;
(B) programs that offer specialized
training to the officers and employees of a
criminal or juvenile justice agency and mental
health personnel serving those with co-
occurring mental illness and substance abuse
problems in procedures for identifying the
symptoms of preliminarily qualified offenders
in order to respond appropriately to
individuals with such illnesses;
(C) programs that support cooperative
efforts by criminal and juvenile justice
agencies and mental health agencies to promote
public safety by offering mental health
treatment services and, where appropriate,
substance abuse treatment services for--
(i) preliminarily qualified
offenders with mental illness or co-
occurring mental illness and substance
abuse disorders; or
(ii) adult offenders with mental
illness during periods of
incarceration, while under the
supervision of a criminal justice
agency, or following release from
correctional facilities; and
(D) programs that support intergovernmental
cooperation between State and local governments
with respect to the mentally ill offender.
(3) Applications.--
(A) In general.--To receive a planning
grant or an implementation grant, the joint
applicants shall prepare and submit a single
application to the Attorney General at such
time, in such manner, and containing such
information as the Attorney General and the
Secretary shall reasonably require. An
application under part V of this title may be
made in conjunction with an application under
this section.
(B) Combined planning and implementation
grant application.--The Attorney General and
the Secretary shall develop a procedure under
which applicants may apply at the same time and
in a single application for a planning grant
and an implementation grant, with receipt of
the implementation grant conditioned on
successful completion of the activities funded
by the planning grant.
(4) Planning grants.--
(A) Application.--The joint applicants may
apply to the Attorney General for a
nonrenewable planning grant to develop a
collaboration program.
(B) Contents.--The Attorney General and the
Secretary may not approve a planning grant
unless the application for the grant includes
or provides, at a minimum, for a budget and a
budget justification, a description of the
outcome measures that will be used to measure
the effectiveness of the program in promoting
public safety and public health, the activities
proposed (including the provision of substance
abuse treatment services, where appropriate)
and a schedule for completion of such
activities, and the personnel necessary to
complete such activities.
(C) Period of grant.--A planning grant
shall be effective for a period of 1 year,
beginning on the first day of the month in
which the planning grant is made. Applicants
may not receive more than 1 such planning
grant.
(D) Amount.--The amount of a planning grant
may not exceed $75,000, except that the
Attorney General may, for good cause, approve a
grant in a higher amount.
(E) Collaboration set aside.--Up to 5
percent of all planning funds shall be used to
foster collaboration between State and local
governments in furtherance of the purposes set
forth in the Mentally Ill Offender Treatment
and Crime Reduction Act of 2004.
(5) Implementation grants.--
(A) Application.--Joint applicants that
have prepared a planning grant application may
apply to the Attorney General for approval of a
nonrenewable implementation grant to develop a
collaboration program.
(B) Collaboration.--To receive an
implementation grant, the joint applicants
shall--
(i) document that at least 1
criminal or juvenile justice agency
(which can include a mental health
court) and 1 mental health agency will
participate in the administration of
the collaboration program;
(ii) describe the responsibilities
of each participating agency, including
how each agency will use grant
resources to provide supervision of
offenders and jointly ensure that the
provision of mental health treatment
services and substance abuse services
for individuals with co-occurring
mental health and substance abuse
disorders are coordinated, which may
range from consultation or
collaboration to integration in a
single setting or treatment model;
(iii) in the case of an application
from a unit of local government,
document that a State mental health
authority has provided comment and
review; and
(iv) involve, to the extent
practicable, in developing the grant
application--
(I) preliminarily qualified
offenders;
(II) the families and
advocates of such individuals
under subclause (I); and
(III) advocates for victims
of crime.
(C) Content.--To be eligible for an
implementation grant, joint applicants shall
comply with the following:
(i) Definition of target
population.--Applicants for an
implementation grant shall--
(I) describe the population
with mental illness or co-
occurring mental illness and
substance abuse disorders that
is targeted for the
collaboration program; and
(II) develop guidelines
that can be used by personnel
of an adult or juvenile justice
agency to identify
preliminarily qualified
offenders.
(ii) Services.--Applicants for an
implementation grant shall--
(I) ensure that
preliminarily qualified
offenders who are to receive
treatment services under the
collaboration program will
first receive individualized,
validated, needs-based
assessments to determine, plan,
and coordinate the most
appropriate services for such
individuals;
(II) specify plans for
making mental health, or mental
health and substance abuse,
treatment services available
and accessible to preliminarily
qualified offenders at the time
of their release from the
criminal justice system,
including outside of normal
business hours;
(III) ensure that there are
substance abuse personnel
available to respond
appropriately to the treatment
needs of preliminarily
qualified offenders;
(IV) determine eligibility
for Federal benefits;
(V) ensure that
preliminarily qualified
offenders served by the
collaboration program will have
adequate supervision and access
to effective and appropriate
community-based mental health
services, including, in the
case of individuals with co-
occurring mental health and
substance abuse disorders,
coordinated services, which may
range from consultation or
collaboration to integration in
a single setting treatment
model;
(VI) make available, to the
extent practicable, other
support services that will
ensure the preliminarily
qualified offender's successful
reintegration into the
community (such as housing,
education, job placement,
mentoring, and health care and
benefits, as well as the
services of faith-based and
community organizations for
mentally ill individuals served
by the collaboration program);
and
(VII) include strategies,
to the extent practicable, to
address developmental and
learning disabilities and
problems arising from a
documented history of physical
or sexual abuse.
(D) Housing and job placement.--Recipients
of an implementation grant may use grant funds
to assist mentally ill offenders compliant with
the program in seeking housing or employment
assistance.
(E) Policies and procedures.--Applicants
for an implementation grant shall strive to
ensure prompt access to defense counsel by
criminal defendants with mental illness who are
facing charges that would trigger a
constitutional right to counsel.
(F) Financial.--Applicants for an
implementation grant shall--
(i) explain the applicant's
inability to fund the collaboration
program adequately without Federal
assistance;
(ii) specify how the Federal
support provided will be used to
supplement, and not supplant, State,
local, Indian tribe, or tribal
organization sources of funding that
would otherwise be available, including
billing third-party resources for
services already covered under programs
(such as Medicaid, Medicare, and the
State Children's Insurance Program);
and
(iii) outline plans for obtaining
necessary support and continuing the
proposed collaboration program
following the conclusion of Federal
support.
(G) Outcomes.--Applicants for an
implementation grant shall--
(i) identify methodology and
outcome measures, as required by the
Attorney General and the Secretary, to
be used in evaluating the effectiveness
of the collaboration program;
(ii) ensure mechanisms are in place
to capture data, consistent with the
methodology and outcome measures under
clause (i); and
(iii) submit specific agreements
from affected agencies to provide the
data needed by the Attorney General and
the Secretary to accomplish the
evaluation under clause (i).
(H) State plans.--Applicants for an
implementation grant shall describe how the
adult or juvenile collaboration program relates
to existing State criminal or juvenile justice
and mental health plans and programs.
(I) Use of funds.--Applicants that receive
an implementation grant may use funds for 1 or
more of the following purposes:
(i) Mental health courts and
diversion/alternative prosecution and
sentencing programs.--Funds may be used
to create or expand existing mental
health courts that meet program
requirements established by the
Attorney General under part V of this
title, other court-based programs, or
diversion and alternative prosecution
and sentencing programs (including
crisis intervention teams and treatment
accountability services for
communities) that meet requirements
established by the Attorney General and
the Secretary.
(ii) Training.--Funds may be used
to create or expand programs, such as
crisis intervention training, which
offer specialized training to--
(I) criminal justice system
personnel to identify and
respond appropriately to the
unique needs of preliminarily
qualified offenders; or
(II) mental health system
personnel to respond
appropriately to the treatment
needs of preliminarily
qualified offenders.
(iii) Service delivery.--Funds may
be used to create or expand programs
that promote public safety by providing
the services described in subparagraph
(C)(ii) to preliminarily qualified
offenders.
(iv) In-jail and transitional
services.--Funds may be used to promote
and provide mental health treatment and
transitional services for those
incarcerated or for transitional re-
entry programs for those released from
any penal or correctional institution.
(J) Geographic distribution of grants.--The
Attorney General, in consultation with the
Secretary, shall ensure that planning and
implementation grants are equitably distributed
among the geographical regions of the United
States and between urban and rural populations.
(c) Priority.--The Attorney General, in awarding funds
under this section, shall give priority to applications that--
(1) demonstrate the strongest commitment to
ensuring that such funds are used to promote both
public health and public safety;
(2) demonstrate the active participation of each
co-applicant in the administration of the collaboration
program;
(3) 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
(4) have the support of both the Attorney General
and the Secretary.
(d) Matching Requirements.--
(1) Federal share.--The Federal share of the cost
of a collaboration program carried out by a State, unit
of local government, Indian tribe, or tribal
organization under this section shall not exceed--
(A) 80 percent of the total cost of the
program during the first 2 years of the grant;
(B) 60 percent of the total cost of the
program in year 3; and
(C) 25 percent of the total cost of the
program in years 4 and 5.
(2) Non-federal share.--The non-Federal share of
payments made under this section may be made in cash or
in-kind fairly evaluated, including planned equipment
or services.
(e) Federal Use of Funds.--The Attorney General, in
consultation with the Secretary, in administering grants under
this section, may use up to 3 percent of funds appropriated
to--
(1) research the use of alternatives to prosecution
through pretrial diversion in appropriate cases
involving individuals with mental illness;
(2) offer specialized training to personnel of
criminal and juvenile justice agencies in appropriate
diversion techniques;
(3) provide technical assistance to local
governments, mental health courts, and diversion
programs, including technical assistance relating to
program evaluation;
(4) help localities build public understanding and
support for community reintegration of individuals with
mental illness;
(5) develop a uniform program evaluation process;
and
(6) conduct a national evaluation of the
collaboration program that will include an assessment
of its cost-effectiveness.
(f) Interagency Task Force.--
(1) In general.--The Attorney General and the
Secretary shall establish an interagency task force
with the Secretaries of Housing and Urban Development,
Labor, Education, and Veterans Affairs and the
Commissioner of Social Security, or their designees.
(2) Responsibilities.--The task force established
under paragraph (1) shall--
(A) identify policies within their
departments that hinder or facilitate local
collaborative initiatives for preliminarily
qualified offenders; and
(B) submit, not later than 2 years after
the date of enactment of this section, a report
to Congress containing recommendations for
improved interdepartmental collaboration
regarding the provision of services to
preliminarily qualified offenders.
(g) Minimum Allocation.--Unless all eligible applications
submitted by any State or unit of local government within such
State for a planning or implementation grant under this section
have been funded, such State, together with grantees within the
State (other than Indian tribes), shall be allocated in each
fiscal year under this section not less than 0.75 percent of
the total amount appropriated in the fiscal year for planning
or implementation grants pursuant to this section.
(h) Authorization of Appropriations.--There are authorized
to be appropriated to the Department of Justice to carry out
this section--
(1) $50,000,000 for fiscal year 2005; and
(2) such sums as may be necessary for fiscal years
2006 through 2009.
Committee Jurisdiction Letters
Markup Transcript
BUSINESS MEETING
THURSDAY, SEPTEMBER 30, 2004
House of Representatives,
Committee on the Judiciary,
Washington, DC.
The Committee met, pursuant to notice, at 10:05 a.m., in
Room 2141, Rayburn House Office Building, Hon. F. James
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
[Intervening business.]
Chairman Sensenbrenner. The next item on the agenda is
Senate 1194, the ``Mentally Ill Offender Treatment and Crime
Reduction Act of 2003.'' The Chair recognizes the gentleman
from North Carolina, Mr. Coble, the Chairman of the
Subcommittee on Crime, Terrorism, and Homeland Security for a
motion.
Mr. Coble. Mr. Chairman, the Subcommittee on Crime,
Terrorism, and Homeland Security reports favorably the bill S.
1194, with a single amendment in the nature of a substitute and
moves its favorable recommendation to the full House.
Chairman Sensenbrenner. Without objection, the bill will be
considered as read and open for amendment at any point. And the
Subcommittee amendment in the nature of a substitute, which the
Members have before them, will be considered as read,
considered as the original text for purposes of amendment, and
open for amendment at any point.
[The amendment in the nature of a substitute follows:]
Chairman Sensenbrenner. The Chair recognizes the gentleman
from North Carolina, Mr. Coble, to strike the last word.
Mr. Coble. I thank the Chairman and I won't take the full 5
minutes, Mr. Chairman.
This bill was unanimously approved when Mr. Scott and I
held our markup I guess last week. It came from the Senate
side. Mr. DeWine was the primary sponsor, but during the markup
we made a few minor changes and reported the bill favorably.
Members forming a bipartisan coalition have realized the
need for this legislation, as up to 16 percent of the inmates
in the United States suffer from mental illness, according to
the Bureau of Justice statistics. In response to this problem
S. 1194 provides the needed grant program to encourage States
to address the issue, and I think it is a worthwhile proposal,
and I urge the passage and submit it to the full House.
Yield back the balance of my time.
Chairman Sensenbrenner. Does the gentleman from Virginia
wish to give an opening statement?
Mr. Scott. Yes, Mr. Chairman. And----
Chairman Sensenbrenner. The gentleman is recognized for 5
minutes.
Mr. Scott. Thank you. Mr. Chairman, I want to thank you for
convening this markup on S. 1194, the ``Mentally Ill Offender
Treatment and Crime Reduction Act of 2003.'' I am a cosponsor
of the House version of the bill and pleased to see it move
forward.
This bill has been developed with the collaboration of
Advocates For Mental Health and Substance Abuse, our staffs as
well as the staffing of Senator DeWine, Congressman Strickland,
Congressman Delahunt, and the Members. They are all to be
commended for their hard work and excellent product that we
have before us.
I want to express particular gratitude, Mr. Chairman, to
you and Subcommittee Chairman Coble and your staffs not only
for scheduling this markup--scheduling the markup of this bill
in a very cramped schedule with lots of competition for slots--
but also for your openness in developing a bill in a bipartisan
fashion and your diligence in assuring that it moves forward as
a product of which we can all be proud.
I urge my colleagues to support the bill, and I yield back
the balance of my time.
Chairman Sensenbrenner. Without objection, all Members'
opening statements will appear in the record at this point.
Mr. Coble. Mr. Chairman.
Chairman Sensenbrenner. Are there amendments? Gentleman
from North Carolina.
Mr. Coble. Mr. Chairman, the gentleman from Massachusetts,
Mr. Delahunt, has an amendment that we are willing to accept,
but I don't know whether he is on his way or not. But it would
improve the bill.
Chairman Sensenbrenner. Well, without objection the bill
will be temporarily laid aside until either Mr. Delahunt or his
amendment arrive.
Mr. Coble. I thank you, Mr. Chairman.
Chairman Sensenbrenner. Without objection, so ordered, and
we will get back to this when either the Member or the
amendment or both appear.
[Intervening business.]
Chairman Sensenbrenner. The unfinished business is
consideration of the bill Senate 1194, the Mentally Ill
Offender Treatment and Crime Reduction Act, which was
temporarily laid aside earlier today. Without objection, the
bill will be brought again before the Committee and the bill is
open for amendment at any point. The gentleman from
Massachusetts, Mr. Delahunt, has an amendment.
Mr. Delahunt. Yes, Mr. Chairman. I have an amendment at the
desk.
Chairman Sensenbrenner. The Clerk will report the
amendment.
The Clerk. Amendment to S. 1194 offered by Mr. Delahunt of
Massachusetts. Page 13----
[The amendment follows:]
Mr. Delahunt. Mr. Chairman, I ask unanimous consent that
the----
Chairman Sensenbrenner. Without objection, so ordered, and
the gentleman from Massachusetts is recognized for 5 minutes.
Mr. Delahunt. I thank the Chair, and I want to particularly
acknowledge Chairman Coble and Ranking Member Scott and
Representative Ted Strickland for their leadership on this
bill. This is a very important piece of legislation, and I am
pleased to be a cosponsor.
Sadly, our Nation's jails and prisons are in a state of
crisis as they struggle to provide mental health services for
incarcerated individuals, and it is simply wrong that families
must resort to the police in order to obtain assistance and
treatment for family members and loved ones suffering from an
extreme episode of mental illness. Yet, during times of extreme
distress, families face no alternatives.
Now, this comprehensive legislation is a step in the right
direction in order to move away from laws that criminalize
mental illness. State and local correctional facilities will
now be able to create a program.
Chairman Sensenbrenner. Will the gentleman yield?
Mr. Delahunt. I yield.
Chairman Sensenbrenner. I have reviewed the gentleman's
amendment, and I believe it is a very good one in broadening
some of the functions of what is considered in this act to
better treat people who suffer from mental illness. But
probably most importantly in terms of getting this bill passed,
the authorization is a 1-year authorization so that we have to
jump through fewer hoops in order to get the bill on the floor
next week and hopefully get the amendment concurred in by the
Senate and the signature of the President on the bottom.
So I am happy to support the amendment of the gentleman
from Massachusetts. It makes a better bill and it saves money.
Mr. Delahunt. I thank the Chair, and with that, I will
conclude my remarks and yield back.
Chairman Sensenbrenner. The question is on agreeing to the
amendments.
Mr. Scott. Mr. Chairman.
Chairman Sensenbrenner. The gentleman from Virginia, Mr.
Scott.
Mr. Scott. Move to strike the last word.
Chairman Sensenbrenner. The gentleman is recognized for 5
minutes.
Mr. Scott. Mr. Chairman, had we adopted a substitute on
this? No? Yes?
Chairman Sensenbrenner. There is a Subcommittee substitute,
but this is an amendment to the substitute.
Mr. Scott. Right.
Chairman Sensenbrenner. And the substitute was not adopted.
It was laid down as the base text but not adopted.
Mr. Scott. And this is an amendment to that substitute?
Chairman Sensenbrenner. Yes, it is.
Mr. Scott. Thank you.
Chairman Sensenbrenner. The question is on agreeing to the
amendment of the gentleman from Massachusetts to the amendment
in the nature of a substitute. Those in favor will say aye.
Opposed, no. The ayes appear to have it. The ayes have it, and
the amendment to the amendment in the nature of a substitute is
agreed to.
Are there further amendments? If there are no further
amendments, the question is on agreeing to the Subcommittee
amendment in the nature of a substitute. All those in favor
will say aye. Opposed, no. The ayes appear to have it. The ayes
have it, and the amendment in the nature of a substitute is
agreed to.
The question occurs on the motion to report the Senate bill
1194 favorably, as amended. A reporting quorum is present. All
in favor will say aye. Opposed, no. The ayes appear to have it.
The ayes have it and the motion to report favorably is adopted.
Without objection, the bill will be reported favorably to
the House in the form of a single amendment in the nature of a
substitute, incorporating the amendment adopted here today.
Without objection, the Chairman is authorized to move to go to
conference pursuant to House rules. Without objection, the
staff is directed to make any technical and conforming changes,
and all Members will be given 2 days as provided by House rules
in which to submit additional, dissenting, supplemental, or
minority views.