Version	Word Count	Changes From Previous Version	Percent Change
Introduced in House	3,470	n/a	n/a
Reported in House	3,607	7	6%
Engrossed in House	3,474	44	12%
Referred in Senate	3,436	5 Show Changes Hide Changes	4%

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HR 3992 EHRFSCommentsClose CommentsPermalink

110th CONGRESS 2d Session H. R. 3992 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.CommentsClose CommentsPermalink

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, CommentsClose CommentsPermalink

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'.CommentsClose CommentsPermalink





(b) Table of Contents- The table of contents for this Act is as follows:CommentsClose CommentsPermalink





Sec. 1. Short title; table of contents.CommentsClose CommentsPermalink





Sec. 2. Findings.CommentsClose CommentsPermalink





Sec. 3. Reauthorization of the Adult and Juvenile Collaboration Program Grants.CommentsClose CommentsPermalink





Sec. 4. Law enforcement response to mentally ill offenders improvement grants.CommentsClose CommentsPermalink





Sec. 5. Effective treatment of female offenders with mental illnesses.CommentsClose CommentsPermalink





Sec. 6. Grants to expand capabilities and effectiveness of correctional agency identification and treatment plans for mentally ill offenders.CommentsClose CommentsPermalink





Sec. 7. Statewide planning grants to improve treatment of mentally ill offenders.CommentsClose CommentsPermalink





Sec. 8. Improving the mental health courts grant program.CommentsClose CommentsPermalink





Sec. 9. Study and report on prevalence of mentally ill offenders.CommentsClose CommentsPermalink

SEC. 2. FINDINGS.

Congress finds the following:CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) Rates of mental illness among women in jail are almost twice that of men.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(6) Reentry planning for inmates with mental illnesses is the least frequently endorsed mental health service by jail administrators.CommentsClose CommentsPermalink

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--CommentsClose CommentsPermalink





(1) in paragraph (1), by striking `and';CommentsClose CommentsPermalink





(2) in paragraph (2), by striking `for fiscal years 2006 through 2009.' and inserting `for each of the fiscal years 2006 through 2007; and'; andCommentsClose CommentsPermalink





(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(3) $75,000,000 for each of the fiscal years 2008 through 2014.'.CommentsClose CommentsPermalink





(b) Allocation of Funding for Administrative Purposes- Section 2991(h) of such title is further amended--CommentsClose CommentsPermalink





(1) by redesignating paragraphs (1), (2), and (3) (as added by subsection (a)(3)) as subparagraphs (A), (B), and (C), respectively;CommentsClose CommentsPermalink





(2) by striking `There are authorized' and inserting `(1) IN GENERAL- There are authorized'; andCommentsClose CommentsPermalink





(3) by adding at the end the following new paragraph:CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(c) No Minimum Allocation- Section 2991 of such title is further amended by striking subsection (g) and redesignating subsection (h) as subsection (g).CommentsClose CommentsPermalink





(d) Additional Applications Receiving Priority- Subsection (c) of such section is amended to read as follows:CommentsClose CommentsPermalink





`(c) Priority- The Attorney General, in awarding funds under this section, shall give priority to applications that--CommentsClose CommentsPermalink





`(1) promote effective strategies by law enforcement to identify and to reduce risk of harm to mentally ill offenders and public safety;CommentsClose CommentsPermalink





`(2) promote effective strategies for identification and treatment of female mentally ill offenders; orCommentsClose CommentsPermalink





`(3)(A) demonstrate the strongest commitment to ensuring that such funds are used to promote both public health and public safety;CommentsClose CommentsPermalink





`(B) demonstrate the active participation of each co-applicant in the administration of the collaboration program;CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(D) have the support of both the Attorney General and the Secretary.'.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

`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:CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink





(b) Conforming Amendment- Such part is further amended by amending the part heading to read as follows:CommentsClose CommentsPermalink

`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:CommentsClose CommentsPermalink

`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:CommentsClose CommentsPermalink





`(1) Mental health treatment.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(4) Related mental health services for any children of the offender, as needed.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

`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:CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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;CommentsClose CommentsPermalink





`(B) plan for and provide treatment and services to address the unique needs of such inmates;CommentsClose CommentsPermalink





`(C) identify and coordinate with community and correctional programs responsible for post-release services; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(2) To provide for the standardization of screening and assessment practices to identify inmates with mental illnesses.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(4) To coordinate planning for the transition of inmates with mental illnesses who are released from correctional facilities and reenter the community.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(6) To continue and improve--CommentsClose CommentsPermalink





`(A) mental health programs provided at correctional facilities within the respective jurisdiction; orCommentsClose CommentsPermalink





`(B) alternative programs to incarceration for individuals with mental illnesses.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(9) To provide for integrated mental health treatment and substance abuse treatment.CommentsClose CommentsPermalink





`(10)(A) To designate staff to assist inmates of correctional facilities within the respective jurisdiction, in--CommentsClose CommentsPermalink





`(i) identifying benefits for which they may be eligible; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(B) To contract with local community mental health entities to perform the activities described in clauses (i) and (ii) of subparagraph (A).CommentsClose CommentsPermalink





`(11) To work with the necessary agencies and entities for transition planning for such inmates reentering the community, including any needed applications and paperwork.CommentsClose CommentsPermalink





`(12) To assist such inmates to obtain, or if necessary create and prepare, photo identification documents for use upon release.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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:CommentsClose CommentsPermalink





`(1) The number and percentage of offenders in prisons, jails, and juvenile facilities during the previous year--CommentsClose CommentsPermalink





`(A) who were in the custody of the jurisdiction involved;CommentsClose CommentsPermalink





`(B) who required mental health treatment; andCommentsClose CommentsPermalink





`(C) for whom the prison, jail, or juvenile facility involved provided such treatment.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

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:CommentsClose CommentsPermalink

`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:CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(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).CommentsClose CommentsPermalink





`(3) To develop a comprehensive plan for the provision of such treatment and services to such offenders within such State.CommentsClose CommentsPermalink





`(4) To establish a coordinating center, with respect to a State, to--CommentsClose CommentsPermalink





`(A) facilitate the sharing of information related to such treatment and services for such offenders among the jurisdictions located in such State; andCommentsClose CommentsPermalink





`(B) promote evidence-based practices for purposes of providing such treatment and services.CommentsClose CommentsPermalink





`(b) Application-CommentsClose CommentsPermalink





`(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--CommentsClose CommentsPermalink





`(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; andCommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.CommentsClose CommentsPermalink





`(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.'.CommentsClose CommentsPermalink

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'.CommentsClose CommentsPermalink





(b) Additional Grant Uses Authorized- Section 2201 of such title (42 U.S.C. 3796ii) is amended--CommentsClose CommentsPermalink





(1) in paragraph (1) at the end, by striking `and';CommentsClose CommentsPermalink





(2) in paragraph (2) at the end, by striking the period and inserting a semicolon; andCommentsClose CommentsPermalink





(3) by adding at the end the following new paragraphs:CommentsClose CommentsPermalink





`(3) pretrial services and related treatment programs for offenders with mental illnesses; andCommentsClose CommentsPermalink





`(4) developing, implementing, or expanding programs that are alternatives to incarceration for offenders with mental illnesses.'.CommentsClose CommentsPermalink

SEC. 9. STUDY AND REPORT ON PREVALENCE OF MENTALLY ILL OFFENDERS.

(a) Study- The Attorney General shall provide for a study of the following:CommentsClose CommentsPermalink





(1) The rate of occurrence of serious mental illnesses in each of the following populations:CommentsClose CommentsPermalink





(A) Individuals, including juveniles, on probation.CommentsClose CommentsPermalink





(B) Individuals, including juveniles, incarcerated in a jail.CommentsClose CommentsPermalink





(C) Individuals, including juveniles, incarcerated in a prison.CommentsClose CommentsPermalink





(D) Individuals, including juveniles, on parole.CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(3) For each such population, with respect to a year, the percentage of individuals with serious mental illnesses who--CommentsClose CommentsPermalink





(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; andCommentsClose CommentsPermalink





(B) were homeless (as so defined) during any period in the previous year.CommentsClose CommentsPermalink





(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).CommentsClose CommentsPermalink





(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.CommentsClose CommentsPermalink





(d) Authorization of Appropriations- There are authorized to be appropriated to carry out this section $2,000,000 for fiscal year 2009.CommentsClose CommentsPermalink

Passed the House of Representatives January 23, 2008.CommentsClose CommentsPermalink

Attest:CommentsClose CommentsPermalink

Clerk.

110th CONGRESS2d SessionH. R. 3992AN ACTTo 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 LORRAINE C. MILLER, CommentsClose CommentsPermalink

Clerk.CommentsClose CommentsPermalink