[DOCID: f:hr514.110]
From the House Reports Online via GPO Access
[wais.access.gpo.gov]
110th Congress Report
HOUSE OF REPRESENTATIVES
2nd Session 110-514
======================================================================
MENTALLY ILL OFFENDER TREATMENT AND CRIME REDUCTION REAUTHORIZATION AND
IMPROVEMENT ACT OF 2007
_______
January 22, 2008.--Committed to the Committee of the Whole House on the
State of the Union and ordered to be printed
_______
Mr. Conyers, from the Committee on the Judiciary, submitted the
following
R E P O R T
[To accompany H.R. 3992]
[Including cost estimate of the Congressional Budget Office]
The Committee on the Judiciary, to whom was referred the bill
(H.R. 3992) to amend title I of the Omnibus Crime Control and
Safe Streets Act of 1968 to provide grants for the improved
mental health treatment and services provided to offenders with
mental illnesses, and for other purposes, having considered the
same, reports favorably thereon without amendment and
recommends that the bill do pass.
CONTENTS
Page
Purpose and Summary.............................................. 2
Background and Need for the Legislation.......................... 2
Hearings......................................................... 4
Committee Consideration.......................................... 4
Committee Votes.................................................. 5
Committee Oversight Findings..................................... 5
New Budget Authority and Tax Expenditures........................ 5
Congressional Budget Office Cost Estimate........................ 5
Performance Goals and Objectives................................. 7
Constitutional Authority Statement............................... 7
Advisory on Earmarks............................................. 7
Section-by-Section Analysis...................................... 7
Changes in Existing Law Made by the Bill, as Reported............ 9
Purpose and Summary
With the move in American society over the past several
decades away from institutionalizing mentally ill individuals,
many have been incarcerated in local jails and prisons for
offenses related to their illness. Police and other law
enforcement officials are generally not trained properly to
handle mentally ill offenders, who create enormous problems for
both arresting officers and holding facilities. Jail officials
often have to isolate mentally ill offenders, which is an
expensive and labor-intensive proposition, especially in light
of the fact that jail cells typically hold several people. A
recent study revealed that as many as 24% of the approximately
9 million local jail inmates are mentally ill.
H.R. 3992, the ``Mentally Ill Offender Treatment and Crime
Reduction Reauthorization and Improvement Act of 2007,''
addresses this problem by establishing various grant programs
to train law enforcement officials to better identify and
respond to incidents involving persons with mental illness. In
addition, H.R. 3992 would authorize funding for developing
receiving centers to assess individuals in law enforcement
custody for mental health and substance abuse treatment needs.
Such funding would also be used to improve technology to
facilitate information sharing among law enforcement and
criminal justice personnel, as well as to promote evidence-
based practices that provide treatment and services.
Background and Need for the Legislation
THE CURRENT PROBLEM: A TREND TOWARD CRIMINALIZATION
The United States is at a critical juncture with regard to
the treatment of people with mental disorders. Although the
societal attitude toward the mentally ill has rarely been
positive, there is an increasing trend toward criminalization
and imprisonment of people coping with these illnesses. As
documented by the United States Department of Justice Bureau of
Justice Statistics, more than half of all prison and jail
inmates--including 56 percent of State prisoners, 45 percent of
Federal prisoners, and 64 percent of local jail inmates--were
found to have mental health problems.\1\ Prisons currently hold
three times more mentally ill people than do psychiatric
hospitals, and prisoners have rates of mental illness that can
be as high as four times greater than rates for the general
population.\2\ Moreover, individuals with mental illnesses are
more likely to be incarcerated for non-violent crimes, to have
a greater tendency to recidivate, and to serve a longer portion
or even the maximum amount of their sentence than the general
prison population.\3\
---------------------------------------------------------------------------
\1\U.S. Department of Justice, Bureau of Justice Statistics, Mental
Health Problems of Prison and Jail Inmates (Dec. 14, 2006), at http://
www.ojp.usdoj.gov/bjs/pub/pdf/mhppji.pdf [hereinafter DOJ survey].
\2\The incidence of mental illness in America's prisons and jails
is well above that of the general population; the mental illness
incidence in the general population is approximately 11% compared to an
average of 55% in jails and prisons. Id. at 3.
\3\Nearly a quarter of both State prisoners and jail inmates who
had a mental health problem, compared to a fifth of those without, had
served 3 or more prior incarcerations. See generally id.
---------------------------------------------------------------------------
The Justice Department survey highlights several other
important trends with regard to individuals with mental illness
who are incarcerated. The survey found that on average 72% of
people with mental health problems who are incarcerated meet
substance abuse and dependence criteria.\4\ In addition, when
compared to the general prison population, individuals with
mental health problems are twice as likely to have been
homeless in the year before their arrest and three times as
likely to report past physical or sexual abuse.\5\ Finally,
women who are incarcerated had a higher incidence of mental
illness than men.\6\
---------------------------------------------------------------------------
\4\Id. at 5.
\5\Id. at 4-5.
\6\State prisons: 73% of females and 55% of males; Federal prisons:
61% of females and 44% of males; local jails: 75% of females and 63% of
males. Id. at 4.
---------------------------------------------------------------------------
CAUSE OF THE PROBLEM: A FRAGMENTED
MENTAL HEALTH CARE SYSTEM
While many factors contribute to the criminalization trend,
one of the key factors is State action in the past several
decades to dismantle mental health hospitals, which has led to
an under-funded and fragmented mental health care system.\7\
The deterioration of this system coincides with a 500% increase
in the prison population over the past thirty years. That is,
over the last several decades, States have emptied their
psychiatric hospitals without moving sufficient resources into
community-based programs.\8\ Meanwhile, overall prison
populations have soared. As one author stated, ``[O]ver the
past 40 years, the United States dismantled a colossal mental
health complex and rebuilt--bed by bed--an enormous
prison.''\9\ As a result, individuals with mental illness in
the prison system are not receiving appropriate treatment. In
fact, the Justice Department survey found that only a fraction
of imprisoned mentally ill individuals had received any
treatment since their admission--34% in State prisons, 24% in
Federal prisons, and 17% in jails.\10\
---------------------------------------------------------------------------
\7\Ill Equipped: U.S. Prisons and Offenders with Mental Illness,
Human Rights Watch Report, Oct. 22, 2003, sec. III, at http://
www.hrw.org/reports/2003.
\8\Id.
\9\Bernard E. Harcourt, The Mentally Ill, Behind Bars, N.Y. Times,
Jan. 15, 2007.
\10\See DOJ survey, supra note 1, at 9.
---------------------------------------------------------------------------
THE MENTALLY ILL OFFENDER TREATMENT AND
CRIME REDUCTION ACT
Passed unanimously by the Congress and signed into law by
President Bush in 2004, the Mentally Ill Offender Treatment and
Crime Reduction Act authorized the Justice and Mental Health
Collaboration Program (JMHCP) grant program. For fiscal years
2006 and 2007, $5 million (out of a possible $50 million
authorized) was appropriated for the program. The Bureau of
Justice Assistance, a division of the Office of Justice
Programs in the Justice Department, administers the program,
which is designed to increase public safety by facilitating
collaboration among the criminal justice, juvenile justice,
mental health treatment, and substance abuse systems and to
improve access to effective treatment for people with mental
illnesses involved with the justice system.
Three types of grants are awarded through the JMHCP: (1)
planning grants with a maximum award of $50,000 for 12 months;
(2) planning and implementation grants with a maximum award of
$250,000 for 30 months; and (3) implementation and expansion
grants with a maximum award of $200,000 for 24 months. All
grants require a joint application from a mental health agency
and unit of government responsible for criminal or juvenile
justice activities. This stipulation underscores the
collaborative nature of this grant, which is intended to bring
the criminal justice and mental health systems together to
improve outcomes for people with mental illnesses in the
justice system.
MENTAL HEALTH COURTS
Mental health courts are rapidly emerging across the Nation
in response to the large numbers of people with mental illness
in the criminal justice system. These courts provide supervised
community-based treatment in lieu of standard criminal justice
processing. Congress enacted America's Law Enforcement and
Mental Health Project in 2000. From 2002 to 2005, Congress
appropriated $7.4 million for mental health courts: $4 million
in 2002, $3 million in 2003, and $400,000 in 2005. The
Substance Abuse and Mental Health Services Administration
provided additional support to mental health courts through
their Targeted Capacity Expansion grants.
Although only four mental health courts existed in 1997,
there are now more than 175 courts established in 35 States,
with plans to create many more. These courts can be found in a
wide range of jurisdictions, from very rural counties to urban
areas. Many States have begun to encourage the formation of
mental health courts by developing State grant programs and
passing legislation that describes how jurisdictions should go
about planning a mental health court.
Hearings
On March 27, 2007, the Committee's Subcommittee on Crime,
Terrorism, and Homeland Security held 1 day of hearings on
``Criminal Justice Responses to Offenders with Mental
Illness,'' which examined the trend toward criminalization, as
opposed to treatment, of people with mental disorders, and the
need to implement solutions such as funding the programs under
the Mentally Ill Offender Treatment and Crime Reduction Act.
Testimony was received from Associate Administrative Judge
Steven Leifman, County Court Criminal Division of the Eleventh
Judicial Circuit located in Miami-Dade County, Florida, and
Chair of the Miami-Dade County Mayor's Mental Health Task
Force; Phillip Jay Perry, Idaho Mental Health Court
Participant; Sheriff David G. Gutierrez, Lubbock County
Sheriff's Office, Lubbock, Texas; Lieutenant Richard Wall, Los
Angeles Police Department, Los Angeles; and Leon Evans,
Executive Director, Jail Diversion Program in San Antonio,
Texas.
Committee Consideration
On November 1, 2007, the Subcommittee on Crime, Terrorism,
and Homeland Security met in open session and ordered the bill,
H.R. 3992, favorably reported, without amendment, by voice
vote, a quorum being present. On November 7, 2007, the
Committee met in open session and ordered the bill, H.R.3992,
favorably reported, without amendment, by voice vote, a quorum
being present.
Committee Votes
In compliance with clause 3(b) of rule XIII of the Rules of
the House of Representatives, the Committee advises that there
were no recorded votes during the Committee's consideration of
H.R. 3992.
Committee Oversight Findings
In compliance with clause 3(c)(1) of rule XIII of the Rules
of the House of Representatives, the Committee advises 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.
Congressional Budget Office Cost Estimate
In compliance with clause 3(c)(3) of rule XIII of the Rules
of the House of Representatives, the Committee sets forth, with
respect to the bill, H.R. 3992, the following estimate and
comparison prepared by the Director of the Congressional Budget
Office under section 402 of the Congressional Budget Act of
1974:
U.S. Congress,
Congressional Budget Office,
Washington, DC, November 29, 2007.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: The Congressional Budget Office has
prepared the enclosed cost estimate for H.R. 3992, the Mentally
Ill Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2007.
If you wish further details on this estimate, we will be
pleased to provide them. The CBO staff contact is Mark
Grabowicz, who can be reached at 226-2860.
Sincerely,
Peter R. Orszag,
Director.
Enclosure
cc:
Honorable Lamar S. Smith.
Ranking Member
H.R. 3992--Mentally Ill Offender Treatment and Crime Reduction
Reauthorization and Improvement Act of 2007.
SUMMARY
CBO estimates that H.R. 3992 would authorize the
appropriation of about $700 million over the 2008-2013 period
for Department of Justice (DOJ) programs to improve the
treatment of mentally ill offenders throughout the justice
system. DOJ would use most of those funds to make grants to
State, local, and tribal governments to assist mentally ill
offenders.
Assuming appropriation of the necessary amounts, CBO
estimates that implementing H.R. 3992 would cost about $390
million over the 2008-2012 period, with about $310 million
spent in later years. Enacting the bill would not affect direct
spending or receipts.
H.R. 3992 contains no intergovernmental or private-sector
mandates as defined in the Unfunded Mandates Reform Act (UMRA)
and would impose no costs on State, local, or tribal
governments.
ESTIMATED COST TO THE FEDERAL GOVERNMENT
The estimated budgetary impact of H.R. 3992 is shown in the
following table. The cost of this legislation falls within
budget function 750 (administration of justice).
By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
2008 2009 2010 2011 2012
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Adult and Juvenile Collaboration
Grants
Estimated Authorization Level 70 70 75 75 75
Estimated Outlays 15 36 51 63 74
Other Grant Programs
Authorization Level 47 45 45 45 45
Estimated Outlays 12 24 32 39 45
Total Changes
Estimated Authorization Level 117 115 120 120 120
Estimated Outlays 27 60 83 102 119
------------------------------------------------------------------------
BASIS OF ESTIMATE
For this estimate, CBO assumes that the amounts authorized
by H.R. 3992 will be appropriated for each fiscal year and that
outlays will follow the historical spending rates for those
activities.
Section 3 would authorize the appropriation of $75 million
annually over the 2008-2013 period for adult and juvenile
collaboration grants (a program for mentally ill offenders)
authorized by section 2991 of the Omnibus Crime Control and
Safe Streets Act of 1968. Current law authorizes the
appropriation of such sums as may be necessary for fiscal years
2008 and 2009 for this program. The Congress appropriated $5
million for fiscal year 2007 for those grants, so CBO estimates
that the current authorization level for 2008 and 2009 is also
$5 million. Thus, we estimate that the bill would authorize an
additional $70 million for each of those 2 years for this
program.
In addition, the bill would authorize the appropriation of
$45 million a year for five DOJ grant programs to assist
States, localities, and Indian tribes in improving the
treatment of mentally ill offenders throughout the justice
system. H.R. 3992 also would authorize the appropriation of $2
million for fiscal year 2008 for DOJ to prepare a report on the
population of mentally ill offenders and certain
characteristics of such individuals.
INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT
H.R. 3992 contains no intergovernmental or private-sector
mandates as defined in UMRA and would impose no costs on State,
local, or tribal governments. Assuming appropriation of the
authorized amounts, those governments would receive almost $390
million over the 2008-2012 period for mental health programs.
Any costs to such governments would result from complying with
conditions of Federal assistance.
ESTIMATE PREPARED BY:
Federal Costs: Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Melissa Merrell
(225-3220)
Impact on the Private Sector: Paige Piper/Bach (226-2940)
ESTIMATE APPROVED BY:
Peter H. Fontaine
Assistant Director for Budget Analysis
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,
H.R.3992 amends the Omnibus Crime Control and Safe Streets Act
of 1968 to provide grants that will improve mental health
treatment and services provided to offenders with mental
illnesses.
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, section 8 of the U.S.
Constitution, and the due process clause of amendments V and
XIV of the U.S. Constitution.
Advisory on Earmarks
In accordance with clause 9 of rule XXI of the Rules of the
House of Representatives, H.R. 3992 does not contain any
congressional earmarks, limited tax benefits, or limited tariff
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.
Section-by-Section Analysis
Sec. 1. Short Title and Table of Contents. Section 1 sets
forth the short title of the bill as the ``Mentally Ill
Offender Treatment and Crime Reduction Reauthorization and
Improvement Act of 2007,'' and includes a table of contents.
Sec. 2. Findings. Section 2 sets out various findings
relating to mentally ill offenders in the criminal justice
system.
Sec. 3. Reauthorization of the Adult and Juvenile
Collaboration Program Grants. Section 3 reauthorizes the
Mentally Ill Offender Treatment and Crime Reduction grant
program at an increased authorization of $75 million (up from
$50 million in existing law) for fiscal years 2008 to 2013.
Sec. 4. Law Enforcement Response to Mentally Ill Offenders
Improvement Grants. Section 4 creates a new grant program for
States, units of local government, Indian Tribes, and
organizations to develop: (1) law enforcement training programs
to identify and respond to incidents involving persons with
mental illness; (2) receiving centers to assess individuals in
law enforcement custody for mental health and substance abuse
needs; (3) improved technology for timely information to law
enforcement personnel and criminal justice personnel; (4)
cooperative programs by criminal and juvenile justice agencies
and mental health agencies to implement effective interventions
relating to mentally ill offenders; and (5) train campus
security personnel to identify and respond to incidents
involving mentally ill individuals. The new program is
authorized at $10 million for fiscal years 2008 to 2013.
Sec. 5. Effective Treatment of Female Offenders with Mental
Illnesses. Section 5 creates a new grant program for States,
units of local government, Indian Tribes, and organizations
with respect to female offenders with a mental illness, for the
purpose of providing: (1) mental health treatment; (2)
intensive case management services; (3) family support
services; and (4) related mental health services. The new
program is authorized at $5 million for fiscal years 2008 to
2013.
Sec. 6. Grants to Expand Capabilities and Effectiveness of
Correctional Agency Identification and Treatment Plans for
Mentally Ill Offenders. Section 6 creates a new grant program
for States, units of local government, Indian Tribes, and
organizations to provide: (1) improved capacity for
correctional facilities to identify mentally ill offenders and
develop and coordinate treatment plans for them; (2)
standardized screening and assessment practices; (3) local task
forces to identify essential community services for reentry of
prisoners with a mental illness; (4) planning for the
transition of mentally ill offenders released from correctional
facilities; (5) mental health programs at correctional
facilities and alternative programs to incarceration for
individuals with mental illnesses; (7) development of community
crisis services; (8) forensic community treatment plans; (9)
integrated mental health and substance abuse treatment; (10)
staff at correctional facilities to assist inmates in the
reentry process with mental health needs; (11) assistance to
local agencies and entities for transition planning; (12)
assistance to inmates in securing documents needed for the
transition process; and (13) links with local community health
care providers. Section 6 directs the Attorney General to
allocate grants based on the percent of offenders to whom the
entity provided mental health treatment. The new program is
authorized at $10 million for fiscal years 2008 to 2013.
Sec. 7. Statewide Planning Grants to Improve Treatment of
Mentally Ill Offenders. Section 7 creates a new grant program
for States, units of local government, Indian Tribes and
organizations to: (1) facilitate the coordination of treatment
and services; (2) provide for a State to administer and
coordinate treatment and services; (3) develop a comprehensive
plan to provide such treatment and services; and (4) establish
a coordinating center to facilitate the sharing of information
and promote evidence-based practices to provide treatment and
services. The new program is authorized at $10 million for
fiscal years 2008 to 2013.
Sec. 8. Improving the Mental Health Courts Grant Program.
Section 8 reauthorizes the mental health courts grant program
for fiscal years 2008 to 2013 and expands the permissible uses
of funds to include pre-trial services and assessments and
alternatives to incarceration.
Sec. 9. Study and Report on Prevalence of Mentally Ill
Offenders. Section 9 directs the Attorney General to study and
report to Congress within 18 months of enactment on the rate of
occurrence of serious mental illnesses of individuals on
probation, in jail, in prison, or on parole. For each
population, the Attorney General is required to determine the
percentage of individuals who were homeless. The Attorney
General is authorized $2 million in fiscal year 2008 to prepare
this report.
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 (existing law
proposed to be omitted is enclosed in black brackets, new
matter is printed in italics, 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 J--Funding
AUTHORIZATION OF APPROPRIATIONS
Sec. 1001. (a)(1) * * *
* * * * * * *
(20) There are authorized to be appropriated to carry out
part V, $10,000,000 for each of [fiscal years 2001 through
2004] fiscal years 2008 through 2013.
* * * * * * *
PART V--MENTAL HEALTH COURTS
SEC. 2201. GRANT AUTHORITY.
The Attorney General shall make grants to States, State
courts, local courts, units of local government, and Indian
tribal governments, acting directly or through agreements with
other public or nonprofit entities, for not more than 100
programs that involve--
(1) continuing judicial supervision, including
periodic review, over preliminarily qualified offenders
with mental illness, mental retardation, or co-
occurring mental illness and substance abuse disorders,
who are charged with misdemeanors or nonviolent
offenses; [and]
(2) the coordinated delivery of services, which
includes--
(A) * * *
* * * * * * *
(D) continuing supervision of treatment
plan compliance for a term not to exceed the
maximum allowable sentence or probation for the
charged or relevant offense and, to the extent
practicable, continuity of psychiatric care at
the end of the supervised period[.]; and
(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.
* * * * * * *
PART HH--[ADULT AND JUVENILE COLLABORATION PROGRAM GRANTS] GRANTS TO
IMPROVE TREATMENT OF OFFENDERS WITH MENTAL ILLNESSES
SEC. 2991. ADULT AND JUVENILE COLLABORATION PROGRAMS.
(a) * * *
* * * * * * *
[(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.]
(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.
* * * * * * *
[(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)] (g) Authorization of Appropriations.--[There are
authorized] (1) In general--There are authorized to be
appropriated to the Department of Justice to carry out this
section--
[(1)] (A) $50,000,000 for fiscal year 2005; [and]
[(2)] (B) such sums as may be necessary [for fiscal
years 2006 through 2009.] for each of the fiscal years
2006 and 2007; and
(C) $75,000,000 for each of the fiscal years 2008
through 2013.
(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.
* * * * * * *
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 2013.
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 2013.
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 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.
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 (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.
* * * * * * *
<all>