H.R. 3992 (110th): Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008

110th Congress, 2007–2009. Text as of Oct 30, 2007 (Reported by House Committee).

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IB

Union Calendar No. 314

110th CONGRESS

2d Session

H. R. 3992

[Report No. 110–514]

IN THE HOUSE OF REPRESENTATIVES

October 30, 2007

(for himself, Mr. Forbes, Mr. Kennedy, Mr. Delahunt, Mr. Daniel E. Lungren of California, Mr. Nadler, Mr. Coble, Mr. Ramstad, Ms. Jackson-Lee of Texas, Mr. Platts, Mrs. Napolitano, and Mr. Ellison) introduced the following bill; which was referred to the Committee on the Judiciary

January 22, 2008

Additional sponsors: Mr. Lewis of Georgia and Mrs. Drake

January 22, 2008

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed

A BILL

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.

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 2007.

(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.

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.

3.

Reauthorization of the Adult and Juvenile Collaboration Program Grants

(a)

Authorization of appropriations through 2013

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 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 2008 through 2013.

.

(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 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.

.

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 amended by adding at the end the following new section:

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 2013.

.

(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.

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:

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 2013.

.

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:

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 such inmates unique needs;

(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 plan 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 renter 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 2013.

.

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:

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 (or other appropriate jurisdictional) administer 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

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 that includes a proposal that describes how 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 that 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. For purposes of the previous sentence, the term savings population means a population that, if in receipt of such treatment and services, 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 2012.

.

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 2013.

(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 adding ; and; 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.

.

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 2008.

January 22, 2008

Committed to the Committee of the Whole House on the State of the Union and ordered to be printed