[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 3992 Referred in Senate (RFS)]
2d Session
H. R. 3992
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
January 24, 2008
Received; read twice and referred to the Committee on the Judiciary
_______________________________________________________________________
AN ACT
To amend title I of the Omnibus Crime Control and Safe Streets Act of
1968 to provide grants for the improved mental health treatment and
services provided to offenders with mental illnesses, and for other
purposes.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and Improvement
Act of 2008''.
(b) Table of Contents.--The table of contents for this Act is as
follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Reauthorization of the Adult and Juvenile Collaboration Program
Grants.
Sec. 4. Law enforcement response to mentally ill offenders improvement
grants.
Sec. 5. Effective treatment of female offenders with mental illnesses.
Sec. 6. Grants to expand capabilities and effectiveness of correctional
agency identification and treatment plans
for mentally ill offenders.
Sec. 7. Statewide planning grants to improve treatment of mentally ill
offenders.
Sec. 8. Improving the mental health courts grant program.
Sec. 9. Study and report on prevalence of mentally ill offenders.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Communities nationwide are struggling to respond to the
high numbers of people with mental illnesses involved at all
points in the criminal justice system.
(2) A 1999 study by the Department of Justice estimated
that 16 percent of people incarcerated in prisons and jails in
the United States, which is more than 300,000 people, suffer
from mental illnesses.
(3) Rates of mental illness among women in jail are almost
twice that of men.
(4) Los Angeles County Jail and New York's Rikers Island
jail complex hold more people with mental illnesses than the
largest psychiatric inpatient facilities in the United States.
(5) State prisoners with a mental health problem are twice
as likely as those without a mental health problem to have been
homeless in the year before their arrest.
(6) Reentry planning for inmates with mental illnesses is
the least frequently endorsed mental health service by jail
administrators.
SEC. 3. REAUTHORIZATION OF THE ADULT AND JUVENILE COLLABORATION PROGRAM
GRANTS.
(a) Authorization of Appropriations Through 2014.--Section 2991(h)
of title I of the Omnibus Crime Control and Safe Streets Act of 1968 is
amended--
(1) in paragraph (1), by striking ``and'';
(2) in paragraph (2), by striking ``for fiscal years 2006
through 2009.'' and inserting ``for each of the fiscal years
2006 through 2007; and''; and
(3) by adding at the end the following new paragraph:
``(3) $75,000,000 for each of the fiscal years 2008 through
2014.''.
(b) Allocation of Funding for Administrative Purposes.--Section
2991(h) of such title is further amended--
(1) by redesignating paragraphs (1), (2), and (3) (as added
by subsection (a)(3)) as subparagraphs (A), (B), and (C),
respectively;
(2) by striking ``There are authorized'' and inserting
``(1) in general.--There are authorized''; and
(3) by adding at the end the following new paragraph:
``(2) Allocation of Funding for Administrative Purposes.--For
fiscal year 2008 and each subsequent fiscal year, of the amounts
authorized under paragraph (1) for such fiscal year, the Attorney
General may obligate not more than 3 percent for the administrative
expenses of the Attorney General in carrying out this section for such
fiscal year.''.
(c) No Minimum Allocation.--Section 2991 of such title is further
amended by striking subsection (g) and redesignating subsection (h) as
subsection (g).
(d) Additional Applications Receiving Priority.--Subsection (c) of
such section is amended to read as follows:
``(c) Priority.--The Attorney General, in awarding funds under this
section, shall give priority to applications that--
``(1) promote effective strategies by law enforcement to
identify and to reduce risk of harm to mentally ill offenders
and public safety;
``(2) promote effective strategies for identification and
treatment of female mentally ill offenders; or
``(3)(A) demonstrate the strongest commitment to ensuring
that such funds are used to promote both public health and
public safety;
``(B) demonstrate the active participation of each co-
applicant in the administration of the collaboration program;
``(C) document, in the case of an application for a grant
to be used in whole or in part to fund treatment services for
adults or juveniles during periods of incarceration or
detention, that treatment programs will be available to provide
transition and re-entry services for such individuals; and
``(D) have the support of both the Attorney General and the
Secretary.''.
SEC. 4. LAW ENFORCEMENT RESPONSE TO MENTALLY ILL OFFENDERS IMPROVEMENT
GRANTS.
(a) In General.--Part HH of title I of the Omnibus Crime Control
and Safe Streets Act of 1968 is further amended by adding at the end
the following new section:
``SEC. 2992. LAW ENFORCEMENT RESPONSE TO MENTALLY ILL OFFENDERS
IMPROVEMENT GRANTS.
``(a) Authorization.--The Attorney General is authorized to make
grants to States, units of local government, Indian tribes, and tribal
organizations for the following purposes:
``(1) Training programs.--To provide for programs that
offer law enforcement personnel specialized and comprehensive
training in procedures to identify and respond appropriately to
incidents in which the unique needs of individuals with mental
illnesses are involved.
``(2) Receiving centers.--To provide for the development of
specialized receiving centers to assess individuals in the
custody of law enforcement personnel for mental health and
substance abuse treatment needs.
``(3) Improved technology.--To provide for computerized
information systems (or to improve existing systems) to provide
timely information to law enforcement personnel and criminal
justice system personnel to improve the response of such
respective personnel to mentally ill offenders.
``(4) Cooperative programs.--To provide for the
establishment and expansion of cooperative efforts by criminal
and juvenile justice agencies and mental health agencies to
promote public safety through the use of effective
interventions with respect to mentally ill offenders.
``(5) Campus security personnel training.--To provide for
programs that offer campus security personnel training in
procedures to identify and respond appropriately to incidents
in which the unique needs of individuals with mental illnesses
are involved.
``(b) BJA Training Models.--For purposes of subsection (a)(1), the
Director of the Bureau of Justice Assistance shall develop training
models for training law enforcement personnel in procedures to identify
and respond appropriately to incidents in which the unique needs of
individuals with mental illnesses are involved.
``(c) Matching Funds.--The Federal share of funds for a program
funded by a grant received under this section may not exceed 75 percent
of the costs of the program unless the Attorney General waives, wholly
or in part, such funding limitation. The non-Federal share of payments
made for such a program may be made in cash or in-kind, fairly
evaluated, including planned equipment or services.
``(d) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Justice to carry out this section
$10,000,000 for each of the fiscal years 2008 through 2014.''.
(b) Conforming Amendment.--Such part is further amended by amending
the part heading to read as follows:
``PART HH--GRANTS TO IMPROVE TREATMENT OF OFFENDERS WITH MENTAL
ILLNESSES''.
SEC. 5. EFFECTIVE TREATMENT OF FEMALE OFFENDERS WITH MENTAL ILLNESSES.
Part HH of title I of the Omnibus Crime Control and Safe Streets
Act of 1968, as amended by section 4, is further amended by adding at
the end the following new section:
``SEC. 2993. GRANTS FOR THE EFFECTIVE TREATMENT OF FEMALE OFFENDERS
WITH MENTAL ILLNESSES.
``(a) Authorization.--The Attorney General is authorized to make
grants to States, units of local government, Indian tribes, and tribal
organizations to provide any of the following services, with respect to
a female offender with a mental illness:
``(1) Mental health treatment.
``(2) Intensive case management services that are
coordinated and designed to provide the range of services
needed to address treatment or assistance needs of the
offender, with respect to any criminal behavior, substance
abuse, psychological abuse, physical abuse, housing,
employment, and medical needs.
``(3) In the case that the offender has a child, family
support services needed to ensure the maintenance of a
relationship between the offender and such child.
``(4) Related mental health services for any children of
the offender, as needed.
``(b) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Justice to carry out this section
$5,000,000 for each of the fiscal years 2008 through 2014.''.
SEC. 6. GRANTS TO EXPAND CAPABILITIES AND EFFECTIVENESS OF CORRECTIONAL
AGENCY IDENTIFICATION AND TREATMENT PLANS FOR MENTALLY
ILL OFFENDERS.
Part HH of title I of the Omnibus Crime Control and Safe Streets
Act of 1968, as amended by sections 4 and 5, is further amended by
adding at the end the following new section:
``SEC. 2994. GRANTS TO EXPAND CAPABILITIES AND EFFECTIVENESS OF
CORRECTIONAL FACILITY IDENTIFICATION AND TREATMENT PLANS
FOR MENTALLY ILL OFFENDERS.
``(a) Authorization.--The Attorney General is authorized to make
grants to States, units of local government, Indian tribes, and tribal
organizations in accordance with this section for any of the following
purposes:
``(1) To provide correctional facilities within the
respective jurisdiction with the capacity (or improved
capacity), with respect to inmates of such facilities who have
mental illnesses, to--
``(A) assess the clinical and social needs of such
inmates and the extent to which such inmates pose any
public safety risks to the community;
``(B) plan for and provide treatment and services
to address the unique needs of such inmates;
``(C) identify and coordinate with community and
correctional programs responsible for post-release
services; and
``(D) coordinate the transition plans for such
inmates to ensure the implementation of such plans and
to avoid gaps in care with community-based services.
``(2) To provide for the standardization of screening and
assessment practices to identify inmates with mental illnesses.
``(3) To provide for local task forces to identify
essential community services for inmates with mental illnesses
upon the reentry of such inmates into the community.
``(4) To coordinate planning for the transition of inmates
with mental illnesses who are released from correctional
facilities and reenter the community.
``(5) To provide for housing options for individuals with
mental illnesses who reenter the community that provide support
for the unique needs of such individuals.
``(6) To continue and improve--
``(A) mental health programs provided at
correctional facilities within the respective
jurisdiction; or
``(B) alternative programs to incarceration for
individuals with mental illnesses.
``(7) To support the development of community crisis
services that are for individuals who are at risk of arrest or
incarceration and which are designed to prevent or mitigate a
crisis by assessing the individual and crisis involved,
providing supportive counseling to the individual, and
referring the individual to appropriate community services to
stabilize the individual's condition and prevent arrest or
incarceration, respectively.
``(8) To support forensic assertive community treatment
teams for individuals with serious mental illnesses (as defined
for purposes of title V of the Public Health Service Act) who
reenter prison.
``(9) To provide for integrated mental health treatment and
substance abuse treatment.
``(10)(A) To designate staff to assist inmates of
correctional facilities within the respective jurisdiction,
in--
``(i) identifying benefits for which they may be
eligible; and
``(ii) collecting necessary supporting materials
(including medical records) and making applications for
income support, health care, food stamps, veterans'
benefits, TANF, or other benefit programs.
``(B) To contract with local community mental health
entities to perform the activities described in clauses (i) and
(ii) of subparagraph (A).
``(11) To work with the necessary agencies and entities for
transition planning for such inmates reentering the community,
including any needed applications and paperwork.
``(12) To assist such inmates to obtain, or if necessary
create and prepare, photo identification documents for use upon
release.
``(13) To create links with local community mental health
providers for case management services for inmates prior to
their release from a correctional facility in order to link
them with housing, employment, and other key services and
benefits.
``(b) Requirements for Application.--To be eligible to receive a
grant under subsection (a) for a given fiscal year, an entity described
in such subsection shall submit to the Attorney General an application
in such form and manner and at such time as specified by the Attorney
General. In addition to any other information specified by the Attorney
General, such application shall contain the following information:
``(1) The number and percentage of offenders in prisons,
jails, and juvenile facilities during the previous year--
``(A) who were in the custody of the jurisdiction
involved;
``(B) who required mental health treatment; and
``(C) for whom the prison, jail, or juvenile
facility involved provided such treatment.
``(2) A good faith estimate of the number and percentage of
offenders in prisons, jails, and juvenile facilities who are
predicted to meet the criteria described in each of
subparagraphs (A), (B), and (C) of paragraph (1) during such
year, if the entity receives such grant for such year.
``(c) Allocation of Grant Amounts Based on Mental Health Treatment
Percent Demonstrated.--In allocating grant amounts under this section,
the Attorney General shall base the amount allocated to an entity for a
fiscal year on the percent of offenders described in subsection (b) to
whom the entity provided mental health treatment in the previous fiscal
year, as demonstrated by the entity in its application under such
subsection.
``(d) Technical Assistance.--The Attorney General may provide
technical assistance to any entity awarded a grant under this section
to establish or expand mental health treatment services under this
section if such entity does not have any (or has only a few) prisons,
jails, or juvenile facilities that offer such services.
``(e) Reports.--An entity that receives a grant under subsection
(a) during a fiscal year shall, not later than the last day of the
following fiscal year, submit to the Attorney General a report that
describes and assesses the uses of such grant.
``(f) Authorization of Appropriations.--There are authorized to be
appropriated to the Department of Justice to carry out this section
$10,000,000 for each of the fiscal years 2008 through 2014.''.
SEC. 7. STATEWIDE PLANNING GRANTS TO IMPROVE TREATMENT OF MENTALLY ILL
OFFENDERS.
Part HH of title I of the Omnibus Crime Control and Safe Streets
Act of 1968, as amended by sections 4, 5, and 6, is further amended by
adding at the end the following new section:
``SEC. 2995. PLANNING GRANTS TO IMPROVE TREATMENT OF MENTALLY ILL
OFFENDERS.
``(a) Authorization.--The Attorney General is authorized to carry
out a grant program under which the Attorney General makes grants to
States, units of local government, territories, and Indian tribes for
the following purposes, with respect to the treatment of offenders with
mental illnesses:
``(1) To facilitate the coordination of treatment and
services provided for such offenders by the State and other
units of government located within the State (including local,
territorial, and tribal).
``(2) To provide for a State administrator (or other
appropriate jurisdictional administrator) to coordinate such
treatment and services provided within the State (or other
jurisdiction).
``(3) To develop a comprehensive plan for the provision of
such treatment and services to such offenders within such
State.
``(4) To establish a coordinating center, with respect to a
State, to--
``(A) facilitate the sharing of information related
to such treatment and services for such offenders among
the jurisdictions located in such State; and
``(B) promote evidence-based practices for purposes
of providing such treatment and services.
``(b) Application.--
``(1) In general.--To be eligible to receive a grant under
this section, an entity described in subsection (a) shall
submit to the Attorney General an application, in such form and
manner and at such time as specified by the Attorney General,
which shall include a proposal that describes how--
``(A) the grant will be used to fund mental health
treatment and services for jail and prison populations
that are identified as savings populations for such
entity; and
``(B) any savings accruing to the State or other
applicable jurisdiction from providing such population
with such treatment and services would be used to
increase the availability and accessibility of
community-based mental health services.
``(2) Savings population.--For purposes of paragraph (1),
the term `savings population' means a population that, if in
receipt of mental health treatment and services for jail and
prison populations, would potentially generate savings to the
State or other applicable jurisdiction.
``(c) Authorization of Appropriations.--There are authorized to be
appropriated $10,000,000 to carry out this section for each of the
fiscal years 2008 through 2013.''.
SEC. 8. IMPROVING THE MENTAL HEALTH COURTS GRANT PROGRAM.
(a) Reauthorization of the Mental Health Courts Grant Program.--
Section 1001(a)(20) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3793(a)(20)) is amended by striking
``fiscal years 2001 through 2004'' and inserting ``fiscal years 2008
through 2014''.
(b) Additional Grant Uses Authorized.--Section 2201 of such title
(42 U.S.C. 3796ii) is amended--
(1) in paragraph (1) at the end, by striking ``and'';
(2) in paragraph (2) at the end, by striking the period and
inserting a semicolon; and
(3) by adding at the end the following new paragraphs:
``(3) pretrial services and related treatment programs for
offenders with mental illnesses; and
``(4) developing, implementing, or expanding programs that
are alternatives to incarceration for offenders with mental
illnesses.''.
SEC. 9. STUDY AND REPORT ON PREVALENCE OF MENTALLY ILL OFFENDERS.
(a) Study.--The Attorney General shall provide for a study of the
following:
(1) The rate of occurrence of serious mental illnesses in
each of the following populations:
(A) Individuals, including juveniles, on probation.
(B) Individuals, including juveniles, incarcerated
in a jail.
(C) Individuals, including juveniles, incarcerated
in a prison.
(D) Individuals, including juveniles, on parole.
(2) For each population described in paragraph (1), the
percentage of individuals with serious mental illnesses who, at
the time of the arrest, are eligible to receive supplemental
security income benefits, social security disability insurance
benefits, or medical assistance under a State plan for medical
assistance under title XIX of the Social Security Act.
(3) For each such population, with respect to a year, the
percentage of individuals with serious mental illnesses who--
(A) were homeless (as defined in section 103 of the
McKinney-Vento Homeless Assistance Act (42 U.S.C.
11302)) at the time of arrest; and
(B) were homeless (as so defined) during any period
in the previous year.
(b) Report.--Not later than 18 months after the date of the
enactment of this Act, the Attorney General shall submit to Congress a
report on the results of the study under subsection (a).
(c) Definition of Serious Mental Illness.--For purposes of this
section, the term ``serious mental illness'' has the meaning given such
term for purposes of title V of the Public Health Service Act.
(d) Authorization of Appropriations.--There are authorized to be
appropriated to carry out this section $2,000,000 for fiscal year 2009.
Passed the House of Representatives January 23, 2008.
Attest:
LORRAINE C. MILLER,
Clerk.