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108th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2d Session                                                     108-732

======================================================================
 
    MENTALLY ILL OFFENDER TREATMENT AND CRIME REDUCTION ACT OF 2004

                                _______
                                

October 5, 2004.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

 Mr. Sensenbrenner, from the Committee on the Judiciary, submitted the 
                               following

                              R E P O R T

                         [To accompany S. 1194]

                  [Including Committee Cost Estimate]

  The Committee on the Judiciary, to whom was referred the bill 
(S. 1194) to foster local collaborations which will ensure that 
resources are effectively and efficiently used within the 
criminal and juvenile justice systems, having considered the 
same, reports favorably thereon with an amendment and 
recommends that the bill as amended do pass.

                                CONTENTS

                                                                   Page
The Amendment....................................................     2
Purpose and Summary..............................................     8
Background and Need for the Legislation..........................     8
Hearings.........................................................     8
Committee Consideration..........................................     9
Vote of the Committee............................................     9
Committee Oversight Findings.....................................     9
New Budget Authority and Tax Expenditures........................     9
Committee Cost Estimate..........................................     9
Performance Goals and Objectives.................................     9
Constitutional Authority Statement...............................     9
Section-by-Section Analysis and Discussion.......................    10
Changes in Existing Law Made by the Bill, as Reported............    10
Committee Jurisdiction Letters...................................    19
Markup Transcript................................................    22

                             The Amendment

  The amendment is as follows:
  Strike all after the enacting clause and insert the 
following:

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Mentally Ill Offender Treatment and 
Crime Reduction Act of 2004''.

SEC. 2. FINDINGS.

    Congress finds the following:
            (1) According to the Bureau of Justice Statistics, over 16 
        percent of adults incarcerated in United States jails and 
        prisons have a mental illness.
            (2) According to the Office of Juvenile Justice and 
        Delinquency Prevention, approximately 20 percent of youth in 
        the juvenile justice system have serious mental health 
        problems, and a significant number have co-occurring mental 
        health and substance abuse disorders.
            (3) According to the National Alliance for the Mentally 
        Ill, up to 40 percent of adults who suffer from a serious 
        mental illness will come into contact with the American 
        criminal justice system at some point in their lives.
            (4) According to the Office of Juvenile Justice and 
        Delinquency Prevention, over 150,000 juveniles who come into 
        contact with the juvenile justice system each year meet the 
        diagnostic criteria for at least 1 mental or emotional 
        disorder.
            (5) A significant proportion of adults with a serious 
        mental illness who are involved with the criminal justice 
        system are homeless or at imminent risk of homelessness, and 
        many of these individuals are arrested and jailed for minor, 
        nonviolent offenses.
            (6) The majority of individuals with a mental illness or 
        emotional disorder who are involved in the criminal or juvenile 
        justice systems are responsive to medical and psychological 
        interventions that integrate treatment, rehabilitation, and 
        support services.
            (7) Collaborative programs between mental health, substance 
        abuse, and criminal or juvenile justice systems that ensure the 
        provision of services for those with mental illness or co-
        occurring mental illness and substance abuse disorders can 
        reduce the number of such individuals in adult and juvenile 
        corrections facilities, while providing improved public safety.

SEC. 3. PURPOSE.

    The purpose of this Act is to increase public safety by 
facilitating collaboration among the criminal justice, juvenile 
justice, mental health treatment, and substance abuse systems. Such 
collaboration is needed to--
            (1) protect public safety by intervening with adult and 
        juvenile offenders with mental illness or co-occurring mental 
        illness and substance abuse disorders;
            (2) provide courts, including existing and new mental 
        health courts, with appropriate mental health and substance 
        abuse treatment options;
            (3) maximize the use of alternatives to prosecution through 
        graduated sanctions in appropriate cases involving nonviolent 
        offenders with mental illness;
            (4) promote adequate training for criminal justice system 
        personnel about mental illness and substance abuse disorders 
        and the appropriate responses to people with such illnesses;
            (5) promote adequate training for mental health and 
        substance abuse treatment personnel about criminal offenders 
        with mental illness or co-occurring substance abuse disorders 
        and the appropriate response to such offenders in the criminal 
        justice system;
            (6) promote communication among adult or juvenile justice 
        personnel, mental health and co-occurring mental illness and 
        substance abuse disorders treatment personnel, nonviolent 
        offenders with mental illness or co-occurring mental illness 
        and substance abuse disorders, and support services such as 
        housing, job placement, community, faith-based, and crime 
        victims organizations; and
            (7) promote communication, collaboration, and 
        intergovernmental partnerships among municipal, county, and 
        State elected officials with respect to mentally ill offenders.

SEC. 4. DEPARTMENT OF JUSTICE MENTAL HEALTH AND CRIMINAL JUSTICE 
                    COLLABORATION PROGRAM.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at 
the end the following:

       ``PART HH--ADULT AND JUVENILE COLLABORATION PROGRAM GRANTS

``SEC. 2991. ADULT AND JUVENILE COLLABORATION PROGRAMS.

    ``(a) Definitions.--In this section, the following definitions 
shall apply:
            ``(1) Applicant.--The term `applicant' means States, units 
        of local government, Indian tribes, and tribal organizations 
        that apply for a grant under this section.
            ``(2) Collaboration program.--The term `collaboration 
        program' means a program to promote public safety by ensuring 
        access to adequate mental health and other treatment services 
        for mentally ill adults or juveniles that is overseen 
        cooperatively by--
                    ``(A) a criminal or juvenile justice agency or a 
                mental health court; and
                    ``(B) a mental health agency.
            ``(3) Criminal or juvenile justice agency.--The term 
        `criminal or juvenile justice agency' means an agency of a 
        State or local government or its contracted agency that is 
        responsible for detection, arrest, enforcement, prosecution, 
        defense, adjudication, incarceration, probation, or parole 
        relating to the violation of the criminal laws of that State or 
        local government.
            ``(4) Diversion and alternative prosecution and 
        sentencing.--
                    ``(A) In general.--The terms `diversion' and 
                `alternative prosecution and sentencing' mean the 
                appropriate use of effective mental health treatment 
                alternatives to juvenile justice or criminal justice 
                system institutional placements for preliminarily 
                qualified offenders.
                    ``(B) Appropriate use.--In this paragraph, the term 
                `appropriate use' includes the discretion of the judge 
                or supervising authority, the leveraging of graduated 
                sanctions to encourage compliance with treatment, and 
                law enforcement diversion, including crisis 
                intervention teams.
                    ``(C) Graduated sanctions.--In this paragraph, the 
                term `graduated sanctions' means an accountability-
                based graduated series of sanctions (including 
                incentives, treatments, and services) applicable to 
                mentally ill offenders within both the juvenile and 
                adult justice system to hold individuals accountable 
                for their actions and to protect communities by 
                providing appropriate sanctions for inducing law-
                abiding behavior and preventing subsequent involvement 
                in the criminal justice system.
            ``(5) Mental health agency.--The term `mental health 
        agency' means an agency of a State or local government or its 
        contracted agency that is responsible for mental health 
        services or co-occurring mental health and substance abuse 
        services.
            ``(6) Mental health court.--The term `mental health court' 
        means a judicial program that meets the requirements of part V 
        of this title.
            ``(7) Mental illness.--The term `mental illness' means a 
        diagnosable mental, behavioral, or emotional disorder--
                    ``(A) of sufficient duration to meet diagnostic 
                criteria within the most recent edition of the 
                Diagnostic and Statistical Manual of Mental Disorders 
                published by the American Psychiatric Association; and
                    ``(B)(i) that, in the case of an adult, has 
                resulted in functional impairment that substantially 
                interferes with or limits 1 or more major life 
                activities; or
                    ``(ii) that, in the case of a juvenile, has 
                resulted in functional impairment that substantially 
                interferes with or limits the juvenile's role or 
                functioning in family, school, or community activities.
            ``(8) Nonviolent offense.--The term `nonviolent offense' 
        means an offense that does not have as an element the use, 
        attempted use, or threatened use of physical force against the 
        person or property of another or is not a felony that by its 
        nature involves a substantial risk that physical force against 
        the person or property of another may be used in the course of 
        committing the offense.
            ``(9) Preliminarily qualified offender.--The term 
        `preliminarily qualified offender' means an adult or juvenile 
        accused of a nonviolent offense who--
                    ``(A)(i) previously or currently has been diagnosed 
                by a qualified mental health professional as having a 
                mental illness or co-occurring mental illness and 
                substance abuse disorders; or
                    ``(ii) manifests obvious signs of mental illness or 
                co-occurring mental illness and substance abuse 
                disorders during arrest or confinement or before any 
                court; and
                    ``(B) has faced, is facing, or could face criminal 
                charges for a misdemeanor or nonviolent offense and is 
                deemed eligible by a diversion process, designated 
                pretrial screening process, or by a magistrate or 
                judge, on the ground that the commission of the offense 
                is the product of the person's mental illness.
            ``(10) Secretary.--The term `Secretary' means the Secretary 
        of Health and Human Services.
            ``(11) Unit of local government.--The term `unit of local 
        government' means any city, county, township, town, borough, 
        parish, village, or other general purpose political subdivision 
        of a State, including a State court, local court, or a 
        governmental agency located within a city, county, township, 
        town, borough, parish, or village.
    ``(b) Planning and Implementation Grants.--
            ``(1) In general.--The Attorney General, in consultation 
        with the Secretary, may award nonrenewable grants to eligible 
        applicants to prepare a comprehensive plan for and implement an 
        adult or juvenile collaboration program, which targets 
        preliminarily qualified offenders in order to promote public 
        safety and public health.
            ``(2) Purposes.--Grants awarded under this section shall be 
        used to create or expand--
                    ``(A) mental health courts or other court-based 
                programs for preliminarily qualified offenders;
                    ``(B) programs that offer specialized training to 
                the officers and employees of a criminal or juvenile 
                justice agency and mental health personnel serving 
                those with co-occurring mental illness and substance 
                abuse problems in procedures for identifying the 
                symptoms of preliminarily qualified offenders in order 
                to respond appropriately to individuals with such 
                illnesses;
                    ``(C) programs that support cooperative efforts by 
                criminal and juvenile justice agencies and mental 
                health agencies to promote public safety by offering 
                mental health treatment services and, where 
                appropriate, substance abuse treatment services for--
                            ``(i) preliminarily qualified offenders 
                        with mental illness or co-occurring mental 
                        illness and substance abuse disorders; or
                            ``(ii) adult offenders with mental illness 
                        during periods of incarceration, while under 
                        the supervision of a criminal justice agency, 
                        or following release from correctional 
                        facilities; and
                    ``(D) programs that support intergovernmental 
                cooperation between State and local governments with 
                respect to the mentally ill offender.
            ``(3) Applications.--
                    ``(A) In general.--To receive a planning grant or 
                an implementation grant, the joint applicants shall 
                prepare and submit a single application to the Attorney 
                General at such time, in such manner, and containing 
                such information as the Attorney General and the 
                Secretary shall reasonably require. An application 
                under part V of this title may be made in conjunction 
                with an application under this section.
                    ``(B) Combined planning and implementation grant 
                application.--The Attorney General and the Secretary 
                shall develop a procedure under which applicants may 
                apply at the same time and in a single application for 
                a planning grant and an implementation grant, with 
                receipt of the implementation grant conditioned on 
                successful completion of the activities funded by the 
                planning grant.
            ``(4) Planning grants.--
                    ``(A) Application.--The joint applicants may apply 
                to the Attorney General for a nonrenewable planning 
                grant to develop a collaboration program.
                    ``(B) Contents.--The Attorney General and the 
                Secretary may not approve a planning grant unless the 
                application for the grant includes or provides, at a 
                minimum, for a budget and a budget justification, a 
                description of the outcome measures that will be used 
                to measure the effectiveness of the program in 
                promoting public safety and public health, the 
                activities proposed (including the provision of 
                substance abuse treatment services, where appropriate) 
                and a schedule for completion of such activities, and 
                the personnel necessary to complete such activities.
                    ``(C) Period of grant.--A planning grant shall be 
                effective for a period of 1 year, beginning on the 
                first day of the month in which the planning grant is 
                made. Applicants may not receive more than 1 such 
                planning grant.
                    ``(D) Amount.--The amount of a planning grant may 
                not exceed $75,000, except that the Attorney General 
                may, for good cause, approve a grant in a higher 
                amount.
                    ``(E) Collaboration set aside.--Up to 5 percent of 
                all planning funds shall be used to foster 
                collaboration between State and local governments in 
                furtherance of the purposes set forth in the Mentally 
                Ill Offender Treatment and Crime Reduction Act of 2004.
            ``(5) Implementation grants.--
                    ``(A) Application.--Joint applicants that have 
                prepared a planning grant application may apply to the 
                Attorney General for approval of a nonrenewable 
                implementation grant to develop a collaboration 
                program.
                    ``(B) Collaboration.--To receive an implementation 
                grant, the joint applicants shall--
                            ``(i) document that at least 1 criminal or 
                        juvenile justice agency (which can include a 
                        mental health court) and 1 mental health agency 
                        will participate in the administration of the 
                        collaboration program;
                            ``(ii) describe the responsibilities of 
                        each participating agency, including how each 
                        agency will use grant resources to provide 
                        supervision of offenders and jointly ensure 
                        that the provision of mental health treatment 
                        services and substance abuse services for 
                        individuals with co-occurring mental health and 
                        substance abuse disorders are coordinated, 
                        which may range from consultation or 
                        collaboration to integration in a single 
                        setting or treatment model;
                            ``(iii) in the case of an application from 
                        a unit of local government, document that a 
                        State mental health authority has provided 
                        comment and review; and
                            ``(iv) involve, to the extent practicable, 
                        in developing the grant application--
                                    ``(I) preliminarily qualified 
                                offenders;
                                    ``(II) the families and advocates 
                                of such individuals under subclause 
                                (I); and
                                    ``(III) advocates for victims of 
                                crime.
                    ``(C) Content.--To be eligible for an 
                implementation grant, joint applicants shall comply 
                with the following:
                            ``(i) Definition of target population.--
                        Applicants for an implementation grant shall--
                                    ``(I) describe the population with 
                                mental illness or co-occurring mental 
                                illness and substance abuse disorders 
                                that is targeted for the collaboration 
                                program; and
                                    ``(II) develop guidelines that can 
                                be used by personnel of an adult or 
                                juvenile justice agency to identify 
                                preliminarily qualified offenders.
                            ``(ii) Services.--Applicants for an 
                        implementation grant shall--
                                    ``(I) ensure that preliminarily 
                                qualified offenders who are to receive 
                                treatment services under the 
                                collaboration program will first 
                                receive individualized, validated, 
                                needs-based assessments to determine, 
                                plan, and coordinate the most 
                                appropriate services for such 
                                individuals;
                                    ``(II) specify plans for making 
                                mental health, or mental health and 
                                substance abuse, treatment services 
                                available and accessible to 
                                preliminarily qualified offenders at 
                                the time of their release from the 
                                criminal justice system, including 
                                outside of normal business hours;
                                    ``(III) ensure that there are 
                                substance abuse personnel available to 
                                respond appropriately to the treatment 
                                needs of preliminarily qualified 
                                offenders;
                                    ``(IV) determine eligibility for 
                                Federal benefits;
                                    ``(V) ensure that preliminarily 
                                qualified offenders served by the 
                                collaboration program will have 
                                adequate supervision and access to 
                                effective and appropriate community-
                                based mental health services, 
                                including, in the case of individuals 
                                with co-occurring mental health and 
                                substance abuse disorders, coordinated 
                                services, which may range from 
                                consultation or collaboration to 
                                integration in a single setting 
                                treatment model;
                                    ``(VI) make available, to the 
                                extent practicable, other support 
                                services that will ensure the 
                                preliminarily qualified offender's 
                                successful reintegration into the 
                                community (such as housing, education, 
                                job placement, mentoring, and health 
                                care and benefits, as well as the 
                                services of faith-based and community 
                                organizations for mentally ill 
                                individuals served by the collaboration 
                                program); and
                                    ``(VII) include strategies, to the 
                                extent practicable, to address 
                                developmental and learning disabilities 
                                and problems arising from a documented 
                                history of physical or sexual abuse.
                    ``(D) Housing and job placement.--Recipients of an 
                implementation grant may use grant funds to assist 
                mentally ill offenders compliant with the program in 
                seeking housing or employment assistance.
                    ``(E) Policies and procedures.--Applicants for an 
                implementation grant shall strive to ensure prompt 
                access to defense counsel by criminal defendants with 
                mental illness who are facing charges that would 
                trigger a constitutional right to counsel.
                    ``(F) Financial.--Applicants for an implementation 
                grant shall--
                            ``(i) explain the applicant's inability to 
                        fund the collaboration program adequately 
                        without Federal assistance;
                            ``(ii) specify how the Federal support 
                        provided will be used to supplement, and not 
                        supplant, State, local, Indian tribe, or tribal 
                        organization sources of funding that would 
                        otherwise be available, including billing 
                        third-party resources for services already 
                        covered under programs (such as Medicaid, 
                        Medicare, and the State Children's Insurance 
                        Program); and
                            ``(iii) outline plans for obtaining 
                        necessary support and continuing the proposed 
                        collaboration program following the conclusion 
                        of Federal support.
                    ``(G) Outcomes.--Applicants for an implementation 
                grant shall--
                            ``(i) identify methodology and outcome 
                        measures, as required by the Attorney General 
                        and the Secretary, to be used in evaluating the 
                        effectiveness of the collaboration program;
                            ``(ii) ensure mechanisms are in place to 
                        capture data, consistent with the methodology 
                        and outcome measures under clause (i); and
                            ``(iii) submit specific agreements from 
                        affected agencies to provide the data needed by 
                        the Attorney General and the Secretary to 
                        accomplish the evaluation under clause (i).
                    ``(H) State plans.--Applicants for an 
                implementation grant shall describe how the adult or 
                juvenile collaboration program relates to existing 
                State criminal or juvenile justice and mental health 
                plans and programs.
                    ``(I) Use of funds.--Applicants that receive an 
                implementation grant may use funds for 1 or more of the 
                following purposes:
                            ``(i) Mental health courts and diversion/
                        alternative prosecution and sentencing 
                        programs.--Funds may be used to create or 
                        expand existing mental health courts that meet 
                        program requirements established by the 
                        Attorney General under part V of this title, 
                        other court-based programs, or diversion and 
                        alternative prosecution and sentencing programs 
                        (including crisis intervention teams and 
                        treatment accountability services for 
                        communities) that meet requirements established 
                        by the Attorney General and the Secretary.
                            ``(ii) Training.--Funds may be used to 
                        create or expand programs, such as crisis 
                        intervention training, which offer specialized 
                        training to--
                                    ``(I) criminal justice system 
                                personnel to identify and respond 
                                appropriately to the unique needs of 
                                preliminarily qualified offenders; or
                                    ``(II) mental health system 
                                personnel to respond appropriately to 
                                the treatment needs of preliminarily 
                                qualified offenders.
                            ``(iii) Service delivery.--Funds may be 
                        used to create or expand programs that promote 
                        public safety by providing the services 
                        described in subparagraph (C)(ii) to 
                        preliminarily qualified offenders.
                            ``(iv) In-jail and transitional services.--
                        Funds may be used to promote and provide mental 
                        health treatment and transitional services for 
                        those incarcerated or for transitional re-entry 
                        programs for those released from any penal or 
                        correctional institution.
                    ``(J) Geographic distribution of grants.--The 
                Attorney General, in consultation with the Secretary, 
                shall ensure that planning and implementation grants 
                are equitably distributed among the geographical 
                regions of the United States and between urban and 
                rural populations.
    ``(c) Priority.--The Attorney General, in awarding funds under this 
section, shall give priority to applications that--
            ``(1) demonstrate the strongest commitment to ensuring that 
        such funds are used to promote both public health and public 
        safety;
            ``(2) demonstrate the active participation of each co-
        applicant in the administration of the collaboration program;
            ``(3) document, in the case of an application for a grant 
        to be used in whole or in part to fund treatment services for 
        adults or juveniles during periods of incarceration or 
        detention, that treatment programs will be available to provide 
        transition and re-entry services for such individuals; and
            ``(4) have the support of both the Attorney General and the 
        Secretary.
    ``(d) Matching Requirements.--
            ``(1) Federal share.--The Federal share of the cost of a 
        collaboration program carried out by a State, unit of local 
        government, Indian tribe, or tribal organization under this 
        section shall not exceed--
                    ``(A) 80 percent of the total cost of the program 
                during the first 2 years of the grant;
                    ``(B) 60 percent of the total cost of the program 
                in year 3; and
                    ``(C) 25 percent of the total cost of the program 
                in years 4 and 5.
            ``(2) Non-federal share.--The non-Federal share of payments 
        made under this section may be made in cash or in-kind fairly 
        evaluated, including planned equipment or services.
    ``(e) Federal Use of Funds.--The Attorney General, in consultation 
with the Secretary, in administering grants under this section, may use 
up to 3 percent of funds appropriated to--
            ``(1) research the use of alternatives to prosecution 
        through pretrial diversion in appropriate cases involving 
        individuals with mental illness;
            ``(2) offer specialized training to personnel of criminal 
        and juvenile justice agencies in appropriate diversion 
        techniques;
            ``(3) provide technical assistance to local governments, 
        mental health courts, and diversion programs, including 
        technical assistance relating to program evaluation;
            ``(4) help localities build public understanding and 
        support for community reintegration of individuals with mental 
        illness;
            ``(5) develop a uniform program evaluation process; and
            ``(6) conduct a national evaluation of the collaboration 
        program that will include an assessment of its cost-
        effectiveness.
    ``(f) Interagency Task Force.--
            ``(1) In general.--The Attorney General and the Secretary 
        shall establish an interagency task force with the Secretaries 
        of Housing and Urban Development, Labor, Education, and 
        Veterans Affairs and the Commissioner of Social Security, or 
        their designees.
            ``(2) Responsibilities.--The task force established under 
        paragraph (1) shall--
                    ``(A) identify policies within their departments 
                that hinder or facilitate local collaborative 
                initiatives for preliminarily qualified offenders; and
                    ``(B) submit, not later than 2 years after the date 
                of enactment of this section, a report to Congress 
                containing recommendations for improved 
                interdepartmental collaboration regarding the provision 
                of services to preliminarily qualified offenders.
    ``(g) Minimum Allocation.--Unless all eligible applications 
submitted by any State or unit of local government within such State 
for a planning or implementation grant under this section have been 
funded, such State, together with grantees within the State (other than 
Indian tribes), shall be allocated in each fiscal year under this 
section not less than 0.75 percent of the total amount appropriated in 
the fiscal year for planning or implementation grants pursuant to this 
section.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice to carry out this section--
            ``(1) $50,000,000 for fiscal year 2005; and
            ``(2) such sums as may be necessary for fiscal years 2006 
        through 2009.''.
    (b) List of ``Best Practices''.--The Attorney General, in 
consultation with the Secretary of Health and Human Services, shall 
develop a list of ``best practices'' for appropriate diversion from 
incarceration of adult and juvenile offenders.

                          Purpose and Summary

    S. 1194, the ``Mentally Ill Offender Treatment and Crime 
Reduction Act of 2004,'' creates a grant program to encourage 
state and local governments to improve their treatment of 
mentally ill offenders. The grants can be used: to fund mental 
health courts or diversion programs; to promote cooperation 
between the criminal justice and mental health personnel; or to 
train criminal justice and mental health personnel on issues 
relating to mentally ill offenders.
    On June 22, 2004, the Subcommittee on Crime, Terrorism, and 
Homeland Security held a hearing to examine the prevalence of 
mental illness in the criminal justice system and to explore 
ways to improve the situation. The Bureau of Justice Statistics 
(``BJS'') estimates that as many as 16% of inmates in the 
nation's prisons and jails suffer from mental illness. Mentally 
ill inmates are more expensive to house, and they are generally 
confined for longer periods than other inmates because their 
illness complicates their release.
    The Committee adopted an amendment in the nature of a 
substitute that ensures an appropriate role for victims and law 
enforcement personnel in dealing with mentally ill offenders, 
encourages graduated sanctions, limits the amount of 
authorizations, and encourages continued monitoring of mentally 
ill offenders after release.

                Background and Need for the Legislation

    BJS estimated in 1999 that 16% of State prison inmates, 7% 
of Federal inmates, and 16% of inmates in local jails or on 
probation reported either a mental condition or an overnight 
stay in a mental hospital. According to BJS, white inmates were 
more likely than blacks or Hispanics to report a mental 
illness, and offender mental illness was highest for those 
between the ages of 45 and 54.
    According to this study and others, homelessness and 
unemployment are more prevalent among the mentally ill. 
Additional statistics show that six in ten mentally ill State 
inmates were under the influence of alcohol or drugs at the 
time of the offense, and one third of all mentally ill 
offenders were dependent on alcohol. BJS also found that six in 
ten of the mentally ill received treatment while incarcerated.
    These statistics show the importance of mental health 
treatment as well as additional assistance for mentally ill 
offenders. They also illustrate the importance of treating 
substance abuse problems as well as the underlying mental 
illnesses.

                                Hearings

    The Committee's Subcommittee on Crime, Terrorism, and 
Homeland Security held a hearing on S. 1194 on June 22, 2004. 
Testimony was received from 4 witnesses, representing various 
organizations, with additional material submitted for the 
record by other individuals and organizations.

                        Committee Consideration

    On September 23, 2004, the Subcommittee on Crime, 
Terrorism, and Homeland Security met in open session and 
ordered favorably reported the bill S. 1194, with an amendment, 
by a voice vote, a quorum being present. On September 30, 2004, 
the Committee met in open session and ordered favorably 
reported the bill S. 1194, with an amendment, by voice vote, a 
quorum being present.

                         Vote of the Committee

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee notes that there 
were no recorded votes during the Committee's consideration of 
S. 1194.

                      Committee Oversight Findings

    In compliance with clause 3(c)(1) of rule XIII of the Rules 
of the House of Representatives, the Committee reports that the 
findings and recommendations of the Committee, based on 
oversight activities under clause 2(b)(1) of rule X of the 
Rules of the House of Representatives, are incorporated in the 
descriptive portions of this report.

               New Budget Authority and Tax Expenditures

    Clause 3(c)(2) of rule XIII of the Rules of the House of 
Representatives is inapplicable because this legislation does 
not provide new budgetary authority or increased tax 
expenditures.

                        Committee Cost Estimate

    In compliance with clause 3(d)(2) of rule XIII of the Rules 
of the House of Representatives, the Committee notes that the 
bill authorizes $50 million for the current fiscal year 2005, 
and such sums as shall be necessary for fiscal years 2006 
through 2009. All authorized amounts are subject to 
appropriations of the authorized amounts, and the costs for 
this fiscal year and the five following fiscal years will be 
the amounts that Congress appropriates pursuant to these 
authorizations. The Committee did not receive any estimates of 
the costs of this legislation from any other government agency 
as outlined in clause 3(d)(2)(B) of rule XIII. The bill 
authorizes new programs so the Committee cannot provide a 
comparison with relevant programs under current law as outlined 
in clause 3(d)(2)(C) of rule XIII.

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, S. 1194 
will help to reduce recidivism among mentally ill offenders in 
the criminal justice system.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, Sec. 8 of the Constitution.

               Section-by-Section Analysis and Discussion

    The following discussion describes the bill as reported by 
the Committee.
Section 1. Short title.
    This section establishes the short title of the bill as the 
``Mentally Ill Offender Treatment and Crime Reduction Act of 
2004.''
Section 2. Findings
    This section makes findings regarding the prevalence of 
mentally ill offenders in correctional institutions in America.
Section 3. Purpose
    This section provides that the purpose of this bill is to 
reduce recidivism among mentally ill offenders; to establish 
mental health treatment options for courts; to maximize the use 
of alternatives to prosecution for the mentally ill in 
appropriate cases; to promote training for criminal justice 
system personnel; and to promote communication and 
collaboration between criminal justice system personnel and 
mental health treatment providers.
Section 4. Department of Justice Mental Health and Criminal Justice 
        Collaboration Program
    This section authorizes the Department of Justice to make 
planning and implementation grants to state and local 
governments to create or expand mental health courts or 
diversion programs; to train criminal justice personnel and 
mental health personnel; to support cooperation between 
criminal and juvenile justice agencies and the mental health 
community; to assist mentally ill offenders in seeking 
employment or housing; and to provide mental health services 
both during incarceration and during the transition back to 
society. The Committee notes that mental conditions resulting 
from neurological injury or disease qualify in the definition 
of mental illness and, for purposes of this Act, those who have 
mental conditions with a discernible neurological cause should 
be considered eligible to meet the criteria for having a mental 
illness.
    Each state shall receive a minimum allocation of not less 
than .75 percent of the amount allocated under this bill. 
Participants in the collaboration programs must match a 
percentage of the Federal funds allocated.
    The Attorney General and the Secretary of Health and Human 
Services are required to establish an interagency task force to 
address barriers to collaboration on issues relating to 
mentally ill offenders. Additionally, the Attorney General and 
the Secretary shall develop a list of best practices for 
addressing these offenders. Finally, this section authorizes 
$50 million for FY2005 and such sums as may be necessary for 
FY2006 through FY2009.

         Changes in Existing Law Made by the Bill, as Reported

  In compliance with clause 3(e) of rule XIII of the Rules of 
the House of Representatives, changes in existing law made by 
the bill, as reported, are shown as follows (new matter is 
printed in italics and existing law in which no change is 
proposed is shown in roman):

OMNIBUS CRIME CONTROL AND SAFE STREETS ACT OF 1968

           *       *       *       *       *       *       *


TITLE I--JUSTICE SYSTEM IMPROVEMENT

           *       *       *       *       *       *       *


        PART HH--ADULT AND JUVENILE COLLABORATION PROGRAM GRANTS

SEC. 2991. ADULT AND JUVENILE COLLABORATION PROGRAMS.

    (a) Definitions.--In this section, the following 
definitions shall apply:
            (1) Applicant.--The term ``applicant'' means 
        States, units of local government, Indian tribes, and 
        tribal organizations that apply for a grant under this 
        section.
            (2) Collaboration program.--The term 
        ``collaboration program'' means a program to promote 
        public safety by ensuring access to adequate mental 
        health and other treatment services for mentally ill 
        adults or juveniles that is overseen cooperatively by--
                    (A) a criminal or juvenile justice agency 
                or a mental health court; and
                    (B) a mental health agency.
            (3) Criminal or juvenile justice agency.--The term 
        ``criminal or juvenile justice agency'' means an agency 
        of a State or local government or its contracted agency 
        that is responsible for detection, arrest, enforcement, 
        prosecution, defense, adjudication, incarceration, 
        probation, or parole relating to the violation of the 
        criminal laws of that State or local government.
            (4) Diversion and alternative prosecution and 
        sentencing.--
                    (A) In general.--The terms ``diversion'' 
                and ``alternative prosecution and sentencing'' 
                mean the appropriate use of effective mental 
                health treatment alternatives to juvenile 
                justice or criminal justice system 
                institutional placements for preliminarily 
                qualified offenders.
                    (B) Appropriate use.--In this paragraph, 
                the term ``appropriate use'' includes the 
                discretion of the judge or supervising 
                authority, the leveraging of graduated 
                sanctions to encourage compliance with 
                treatment, and law enforcement diversion, 
                including crisis intervention teams.
                    (C) Graduated sanctions.--In this 
                paragraph, the term ``graduated sanctions'' 
                means an accountability-based graduated series 
                of sanctions (including incentives, treatments, 
                and services) applicable to mentally ill 
                offenders within both the juvenile and adult 
                justice system to hold individuals accountable 
                for their actions and to protect communities by 
                providing appropriate sanctions for inducing 
                law-abiding behavior and preventing subsequent 
                involvement in the criminal justice system.
            (5) Mental health agency.--The term ``mental health 
        agency'' means an agency of a State or local government 
        or its contracted agency that is responsible for mental 
        health services or co-occurring mental health and 
        substance abuse services.
            (6) Mental health court.--The term ``mental health 
        court'' means a judicial program that meets the 
        requirements of part V of this title.
            (7) Mental illness.--The term ``mental illness'' 
        means a diagnosable mental, behavioral, or emotional 
        disorder--
                    (A) of sufficient duration to meet 
                diagnostic criteria within the most recent 
                edition of the Diagnostic and Statistical 
                Manual of Mental Disorders published by the 
                American Psychiatric Association; and
                    (B)(i) that, in the case of an adult, has 
                resulted in functional impairment that 
                substantially interferes with or limits 1 or 
                more major life activities; or
                    (ii) that, in the case of a juvenile, has 
                resulted in functional impairment that 
                substantially interferes with or limits the 
                juvenile's role or functioning in family, 
                school, or community activities.
            (8) Nonviolent offense.--The term ``nonviolent 
        offense'' means an offense that does not have as an 
        element the use, attempted use, or threatened use of 
        physical force against the person or property of 
        another or is not a felony that by its nature involves 
        a substantial risk that physical force against the 
        person or property of another may be used in the course 
        of committing the offense.
            (9) Preliminarily qualified offender.--The term 
        ``preliminarily qualified offender'' means an adult or 
        juvenile accused of a nonviolent offense who--
                    (A)(i) previously or currently has been 
                diagnosed by a qualified mental health 
                professional as having a mental illness or co-
                occurring mental illness and substance abuse 
                disorders; or
                    (ii) manifests obvious signs of mental 
                illness or co-occurring mental illness and 
                substance abuse disorders during arrest or 
                confinement or before any court; and
                    (B) has faced, is facing, or could face 
                criminal charges for a misdemeanor or 
                nonviolent offense and is deemed eligible by a 
                diversion process, designated pretrial 
                screening process, or by a magistrate or judge, 
                on the ground that the commission of the 
                offense is the product of the person's mental 
                illness.
            (10) Secretary.--The term ``Secretary'' means the 
        Secretary of Health and Human Services.
            (11) Unit of local government.--The term ``unit of 
        local government'' means any city, county, township, 
        town, borough, parish, village, or other general 
        purpose political subdivision of a State, including a 
        State court, local court, or a governmental agency 
        located within a city, county, township, town, borough, 
        parish, or village.
    (b) Planning and Implementation Grants.--
            (1) In general.--The Attorney General, in 
        consultation with the Secretary, may award nonrenewable 
        grants to eligible applicants to prepare a 
        comprehensive plan for and implement an adult or 
        juvenile collaboration program, which targets 
        preliminarily qualified offenders in order to promote 
        public safety and public health.
            (2) Purposes.--Grants awarded under this section 
        shall be used to create or expand--
                    (A) mental health courts or other court-
                based programs for preliminarily qualified 
                offenders;
                    (B) programs that offer specialized 
                training to the officers and employees of a 
                criminal or juvenile justice agency and mental 
                health personnel serving those with co-
                occurring mental illness and substance abuse 
                problems in procedures for identifying the 
                symptoms of preliminarily qualified offenders 
                in order to respond appropriately to 
                individuals with such illnesses;
                    (C) programs that support cooperative 
                efforts by criminal and juvenile justice 
                agencies and mental health agencies to promote 
                public safety by offering mental health 
                treatment services and, where appropriate, 
                substance abuse treatment services for--
                            (i) preliminarily qualified 
                        offenders with mental illness or co-
                        occurring mental illness and substance 
                        abuse disorders; or
                            (ii) adult offenders with mental 
                        illness during periods of 
                        incarceration, while under the 
                        supervision of a criminal justice 
                        agency, or following release from 
                        correctional facilities; and
                    (D) programs that support intergovernmental 
                cooperation between State and local governments 
                with respect to the mentally ill offender.
            (3) Applications.--
                    (A) In general.--To receive a planning 
                grant or an implementation grant, the joint 
                applicants shall prepare and submit a single 
                application to the Attorney General at such 
                time, in such manner, and containing such 
                information as the Attorney General and the 
                Secretary shall reasonably require. An 
                application under part V of this title may be 
                made in conjunction with an application under 
                this section.
                    (B) Combined planning and implementation 
                grant application.--The Attorney General and 
                the Secretary shall develop a procedure under 
                which applicants may apply at the same time and 
                in a single application for a planning grant 
                and an implementation grant, with receipt of 
                the implementation grant conditioned on 
                successful completion of the activities funded 
                by the planning grant.
            (4) Planning grants.--
                    (A) Application.--The joint applicants may 
                apply to the Attorney General for a 
                nonrenewable planning grant to develop a 
                collaboration program.
                    (B) Contents.--The Attorney General and the 
                Secretary may not approve a planning grant 
                unless the application for the grant includes 
                or provides, at a minimum, for a budget and a 
                budget justification, a description of the 
                outcome measures that will be used to measure 
                the effectiveness of the program in promoting 
                public safety and public health, the activities 
                proposed (including the provision of substance 
                abuse treatment services, where appropriate) 
                and a schedule for completion of such 
                activities, and the personnel necessary to 
                complete such activities.
                    (C) Period of grant.--A planning grant 
                shall be effective for a period of 1 year, 
                beginning on the first day of the month in 
                which the planning grant is made. Applicants 
                may not receive more than 1 such planning 
                grant.
                    (D) Amount.--The amount of a planning grant 
                may not exceed $75,000, except that the 
                Attorney General may, for good cause, approve a 
                grant in a higher amount.
                    (E) Collaboration set aside.--Up to 5 
                percent of all planning funds shall be used to 
                foster collaboration between State and local 
                governments in furtherance of the purposes set 
                forth in the Mentally Ill Offender Treatment 
                and Crime Reduction Act of 2004.
            (5) Implementation grants.--
                    (A) Application.--Joint applicants that 
                have prepared a planning grant application may 
                apply to the Attorney General for approval of a 
                nonrenewable implementation grant to develop a 
                collaboration program.
                    (B) Collaboration.--To receive an 
                implementation grant, the joint applicants 
                shall--
                            (i) document that at least 1 
                        criminal or juvenile justice agency 
                        (which can include a mental health 
                        court) and 1 mental health agency will 
                        participate in the administration of 
                        the collaboration program;
                            (ii) describe the responsibilities 
                        of each participating agency, including 
                        how each agency will use grant 
                        resources to provide supervision of 
                        offenders and jointly ensure that the 
                        provision of mental health treatment 
                        services and substance abuse services 
                        for individuals with co-occurring 
                        mental health and substance abuse 
                        disorders are coordinated, which may 
                        range from consultation or 
                        collaboration to integration in a 
                        single setting or treatment model;
                            (iii) in the case of an application 
                        from a unit of local government, 
                        document that a State mental health 
                        authority has provided comment and 
                        review; and
                            (iv) involve, to the extent 
                        practicable, in developing the grant 
                        application--
                                    (I) preliminarily qualified 
                                offenders;
                                    (II) the families and 
                                advocates of such individuals 
                                under subclause (I); and
                                    (III) advocates for victims 
                                of crime.
                    (C) Content.--To be eligible for an 
                implementation grant, joint applicants shall 
                comply with the following:
                            (i) Definition of target 
                        population.--Applicants for an 
                        implementation grant shall--
                                    (I) describe the population 
                                with mental illness or co-
                                occurring mental illness and 
                                substance abuse disorders that 
                                is targeted for the 
                                collaboration program; and
                                    (II) develop guidelines 
                                that can be used by personnel 
                                of an adult or juvenile justice 
                                agency to identify 
                                preliminarily qualified 
                                offenders.
                            (ii) Services.--Applicants for an 
                        implementation grant shall--
                                    (I) ensure that 
                                preliminarily qualified 
                                offenders who are to receive 
                                treatment services under the 
                                collaboration program will 
                                first receive individualized, 
                                validated, needs-based 
                                assessments to determine, plan, 
                                and coordinate the most 
                                appropriate services for such 
                                individuals;
                                    (II) specify plans for 
                                making mental health, or mental 
                                health and substance abuse, 
                                treatment services available 
                                and accessible to preliminarily 
                                qualified offenders at the time 
                                of their release from the 
                                criminal justice system, 
                                including outside of normal 
                                business hours;
                                    (III) ensure that there are 
                                substance abuse personnel 
                                available to respond 
                                appropriately to the treatment 
                                needs of preliminarily 
                                qualified offenders;
                                    (IV) determine eligibility 
                                for Federal benefits;
                                    (V) ensure that 
                                preliminarily qualified 
                                offenders served by the 
                                collaboration program will have 
                                adequate supervision and access 
                                to effective and appropriate 
                                community-based mental health 
                                services, including, in the 
                                case of individuals with co-
                                occurring mental health and 
                                substance abuse disorders, 
                                coordinated services, which may 
                                range from consultation or 
                                collaboration to integration in 
                                a single setting treatment 
                                model;
                                    (VI) make available, to the 
                                extent practicable, other 
                                support services that will 
                                ensure the preliminarily 
                                qualified offender's successful 
                                reintegration into the 
                                community (such as housing, 
                                education, job placement, 
                                mentoring, and health care and 
                                benefits, as well as the 
                                services of faith-based and 
                                community organizations for 
                                mentally ill individuals served 
                                by the collaboration program); 
                                and
                                    (VII) include strategies, 
                                to the extent practicable, to 
                                address developmental and 
                                learning disabilities and 
                                problems arising from a 
                                documented history of physical 
                                or sexual abuse.
                    (D) Housing and job placement.--Recipients 
                of an implementation grant may use grant funds 
                to assist mentally ill offenders compliant with 
                the program in seeking housing or employment 
                assistance.
                    (E) Policies and procedures.--Applicants 
                for an implementation grant shall strive to 
                ensure prompt access to defense counsel by 
                criminal defendants with mental illness who are 
                facing charges that would trigger a 
                constitutional right to counsel.
                    (F) Financial.--Applicants for an 
                implementation grant shall--
                            (i) explain the applicant's 
                        inability to fund the collaboration 
                        program adequately without Federal 
                        assistance;
                            (ii) specify how the Federal 
                        support provided will be used to 
                        supplement, and not supplant, State, 
                        local, Indian tribe, or tribal 
                        organization sources of funding that 
                        would otherwise be available, including 
                        billing third-party resources for 
                        services already covered under programs 
                        (such as Medicaid, Medicare, and the 
                        State Children's Insurance Program); 
                        and
                            (iii) outline plans for obtaining 
                        necessary support and continuing the 
                        proposed collaboration program 
                        following the conclusion of Federal 
                        support.
                    (G) Outcomes.--Applicants for an 
                implementation grant shall--
                            (i) identify methodology and 
                        outcome measures, as required by the 
                        Attorney General and the Secretary, to 
                        be used in evaluating the effectiveness 
                        of the collaboration program;
                            (ii) ensure mechanisms are in place 
                        to capture data, consistent with the 
                        methodology and outcome measures under 
                        clause (i); and
                            (iii) submit specific agreements 
                        from affected agencies to provide the 
                        data needed by the Attorney General and 
                        the Secretary to accomplish the 
                        evaluation under clause (i).
                    (H) State plans.--Applicants for an 
                implementation grant shall describe how the 
                adult or juvenile collaboration program relates 
                to existing State criminal or juvenile justice 
                and mental health plans and programs.
                    (I) Use of funds.--Applicants that receive 
                an implementation grant may use funds for 1 or 
                more of the following purposes:
                            (i) Mental health courts and 
                        diversion/alternative prosecution and 
                        sentencing programs.--Funds may be used 
                        to create or expand existing mental 
                        health courts that meet program 
                        requirements established by the 
                        Attorney General under part V of this 
                        title, other court-based programs, or 
                        diversion and alternative prosecution 
                        and sentencing programs (including 
                        crisis intervention teams and treatment 
                        accountability services for 
                        communities) that meet requirements 
                        established by the Attorney General and 
                        the Secretary.
                            (ii) Training.--Funds may be used 
                        to create or expand programs, such as 
                        crisis intervention training, which 
                        offer specialized training to--
                                    (I) criminal justice system 
                                personnel to identify and 
                                respond appropriately to the 
                                unique needs of preliminarily 
                                qualified offenders; or
                                    (II) mental health system 
                                personnel to respond 
                                appropriately to the treatment 
                                needs of preliminarily 
                                qualified offenders.
                            (iii) Service delivery.--Funds may 
                        be used to create or expand programs 
                        that promote public safety by providing 
                        the services described in subparagraph 
                        (C)(ii) to preliminarily qualified 
                        offenders.
                            (iv) In-jail and transitional 
                        services.--Funds may be used to promote 
                        and provide mental health treatment and 
                        transitional services for those 
                        incarcerated or for transitional re-
                        entry programs for those released from 
                        any penal or correctional institution.
                    (J) Geographic distribution of grants.--The 
                Attorney General, in consultation with the 
                Secretary, shall ensure that planning and 
                implementation grants are equitably distributed 
                among the geographical regions of the United 
                States and between urban and rural populations.
    (c) Priority.--The Attorney General, in awarding funds 
under this section, shall give priority to applications that--
            (1) demonstrate the strongest commitment to 
        ensuring that such funds are used to promote both 
        public health and public safety;
            (2) demonstrate the active participation of each 
        co-applicant in the administration of the collaboration 
        program;
            (3) document, in the case of an application for a 
        grant to be used in whole or in part to fund treatment 
        services for adults or juveniles during periods of 
        incarceration or detention, that treatment programs 
        will be available to provide transition and re-entry 
        services for such individuals; and
            (4) have the support of both the Attorney General 
        and the Secretary.
    (d) Matching Requirements.--
            (1) Federal share.--The Federal share of the cost 
        of a collaboration program carried out by a State, unit 
        of local government, Indian tribe, or tribal 
        organization under this section shall not exceed--
                    (A) 80 percent of the total cost of the 
                program during the first 2 years of the grant;
                    (B) 60 percent of the total cost of the 
                program in year 3; and
                    (C) 25 percent of the total cost of the 
                program in years 4 and 5.
            (2) Non-federal share.--The non-Federal share of 
        payments made under this section may be made in cash or 
        in-kind fairly evaluated, including planned equipment 
        or services.
    (e) Federal Use of Funds.--The Attorney General, in 
consultation with the Secretary, in administering grants under 
this section, may use up to 3 percent of funds appropriated 
to--
            (1) research the use of alternatives to prosecution 
        through pretrial diversion in appropriate cases 
        involving individuals with mental illness;
            (2) offer specialized training to personnel of 
        criminal and juvenile justice agencies in appropriate 
        diversion techniques;
            (3) provide technical assistance to local 
        governments, mental health courts, and diversion 
        programs, including technical assistance relating to 
        program evaluation;
            (4) help localities build public understanding and 
        support for community reintegration of individuals with 
        mental illness;
            (5) develop a uniform program evaluation process; 
        and
            (6) conduct a national evaluation of the 
        collaboration program that will include an assessment 
        of its cost-effectiveness.
    (f) Interagency Task Force.--
            (1) In general.--The Attorney General and the 
        Secretary shall establish an interagency task force 
        with the Secretaries of Housing and Urban Development, 
        Labor, Education, and Veterans Affairs and the 
        Commissioner of Social Security, or their designees.
            (2) Responsibilities.--The task force established 
        under paragraph (1) shall--
                    (A) identify policies within their 
                departments that hinder or facilitate local 
                collaborative initiatives for preliminarily 
                qualified offenders; and
                    (B) submit, not later than 2 years after 
                the date of enactment of this section, a report 
                to Congress containing recommendations for 
                improved interdepartmental collaboration 
                regarding the provision of services to 
                preliminarily qualified offenders.
    (g) Minimum Allocation.--Unless all eligible applications 
submitted by any State or unit of local government within such 
State for a planning or implementation grant under this section 
have been funded, such State, together with grantees within the 
State (other than Indian tribes), shall be allocated in each 
fiscal year under this section not less than 0.75 percent of 
the total amount appropriated in the fiscal year for planning 
or implementation grants pursuant to this section.
    (h) Authorization of Appropriations.--There are authorized 
to be appropriated to the Department of Justice to carry out 
this section--
            (1) $50,000,000 for fiscal year 2005; and
            (2) such sums as may be necessary for fiscal years 
        2006 through 2009.

                     Committee Jurisdiction Letters


                           Markup Transcript



                            BUSINESS MEETING

                      THURSDAY, SEPTEMBER 30, 2004

                  House of Representatives,
                                Committee on the Judiciary,
                                                    Washington, DC.
    The Committee met, pursuant to notice, at 10:05 a.m., in 
Room 2141, Rayburn House Office Building, Hon. F. James 
Sensenbrenner, Jr. [Chairman of the Committee] presiding.
    [Intervening business.]
    Chairman Sensenbrenner. The next item on the agenda is 
Senate 1194, the ``Mentally Ill Offender Treatment and Crime 
Reduction Act of 2003.'' The Chair recognizes the gentleman 
from North Carolina, Mr. Coble, the Chairman of the 
Subcommittee on Crime, Terrorism, and Homeland Security for a 
motion.
    Mr. Coble. Mr. Chairman, the Subcommittee on Crime, 
Terrorism, and Homeland Security reports favorably the bill S. 
1194, with a single amendment in the nature of a substitute and 
moves its favorable recommendation to the full House.
    Chairman Sensenbrenner. Without objection, the bill will be 
considered as read and open for amendment at any point. And the 
Subcommittee amendment in the nature of a substitute, which the 
Members have before them, will be considered as read, 
considered as the original text for purposes of amendment, and 
open for amendment at any point.
    [The amendment in the nature of a substitute follows:]
    
    
    Chairman Sensenbrenner. The Chair recognizes the gentleman 
from North Carolina, Mr. Coble, to strike the last word.
    Mr. Coble. I thank the Chairman and I won't take the full 5 
minutes, Mr. Chairman.
    This bill was unanimously approved when Mr. Scott and I 
held our markup I guess last week. It came from the Senate 
side. Mr. DeWine was the primary sponsor, but during the markup 
we made a few minor changes and reported the bill favorably.
    Members forming a bipartisan coalition have realized the 
need for this legislation, as up to 16 percent of the inmates 
in the United States suffer from mental illness, according to 
the Bureau of Justice statistics. In response to this problem 
S. 1194 provides the needed grant program to encourage States 
to address the issue, and I think it is a worthwhile proposal, 
and I urge the passage and submit it to the full House.
    Yield back the balance of my time.
    Chairman Sensenbrenner. Does the gentleman from Virginia 
wish to give an opening statement?
    Mr. Scott. Yes, Mr. Chairman. And----
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Scott. Thank you. Mr. Chairman, I want to thank you for 
convening this markup on S. 1194, the ``Mentally Ill Offender 
Treatment and Crime Reduction Act of 2003.'' I am a cosponsor 
of the House version of the bill and pleased to see it move 
forward.
    This bill has been developed with the collaboration of 
Advocates For Mental Health and Substance Abuse, our staffs as 
well as the staffing of Senator DeWine, Congressman Strickland, 
Congressman Delahunt, and the Members. They are all to be 
commended for their hard work and excellent product that we 
have before us.
    I want to express particular gratitude, Mr. Chairman, to 
you and Subcommittee Chairman Coble and your staffs not only 
for scheduling this markup--scheduling the markup of this bill 
in a very cramped schedule with lots of competition for slots--
but also for your openness in developing a bill in a bipartisan 
fashion and your diligence in assuring that it moves forward as 
a product of which we can all be proud.
    I urge my colleagues to support the bill, and I yield back 
the balance of my time.
    Chairman Sensenbrenner. Without objection, all Members' 
opening statements will appear in the record at this point.
    Mr. Coble. Mr. Chairman.
    Chairman Sensenbrenner. Are there amendments? Gentleman 
from North Carolina.
    Mr. Coble. Mr. Chairman, the gentleman from Massachusetts, 
Mr. Delahunt, has an amendment that we are willing to accept, 
but I don't know whether he is on his way or not. But it would 
improve the bill.
    Chairman Sensenbrenner. Well, without objection the bill 
will be temporarily laid aside until either Mr. Delahunt or his 
amendment arrive.
    Mr. Coble. I thank you, Mr. Chairman.
    Chairman Sensenbrenner. Without objection, so ordered, and 
we will get back to this when either the Member or the 
amendment or both appear.
    [Intervening business.]
    Chairman Sensenbrenner. The unfinished business is 
consideration of the bill Senate 1194, the Mentally Ill 
Offender Treatment and Crime Reduction Act, which was 
temporarily laid aside earlier today. Without objection, the 
bill will be brought again before the Committee and the bill is 
open for amendment at any point. The gentleman from 
Massachusetts, Mr. Delahunt, has an amendment.
    Mr. Delahunt. Yes, Mr. Chairman. I have an amendment at the 
desk.
    Chairman Sensenbrenner. The Clerk will report the 
amendment.
    The Clerk. Amendment to S. 1194 offered by Mr. Delahunt of 
Massachusetts. Page 13----
    [The amendment follows:]
    
    
    Mr. Delahunt. Mr. Chairman, I ask unanimous consent that 
the----
    Chairman Sensenbrenner. Without objection, so ordered, and 
the gentleman from Massachusetts is recognized for 5 minutes.
    Mr. Delahunt. I thank the Chair, and I want to particularly 
acknowledge Chairman Coble and Ranking Member Scott and 
Representative Ted Strickland for their leadership on this 
bill. This is a very important piece of legislation, and I am 
pleased to be a cosponsor.
    Sadly, our Nation's jails and prisons are in a state of 
crisis as they struggle to provide mental health services for 
incarcerated individuals, and it is simply wrong that families 
must resort to the police in order to obtain assistance and 
treatment for family members and loved ones suffering from an 
extreme episode of mental illness. Yet, during times of extreme 
distress, families face no alternatives.
    Now, this comprehensive legislation is a step in the right 
direction in order to move away from laws that criminalize 
mental illness. State and local correctional facilities will 
now be able to create a program.
    Chairman Sensenbrenner. Will the gentleman yield?
    Mr. Delahunt. I yield.
    Chairman Sensenbrenner. I have reviewed the gentleman's 
amendment, and I believe it is a very good one in broadening 
some of the functions of what is considered in this act to 
better treat people who suffer from mental illness. But 
probably most importantly in terms of getting this bill passed, 
the authorization is a 1-year authorization so that we have to 
jump through fewer hoops in order to get the bill on the floor 
next week and hopefully get the amendment concurred in by the 
Senate and the signature of the President on the bottom.
    So I am happy to support the amendment of the gentleman 
from Massachusetts. It makes a better bill and it saves money.
    Mr. Delahunt. I thank the Chair, and with that, I will 
conclude my remarks and yield back.
    Chairman Sensenbrenner. The question is on agreeing to the 
amendments.
    Mr. Scott. Mr. Chairman.
    Chairman Sensenbrenner. The gentleman from Virginia, Mr. 
Scott.
    Mr. Scott. Move to strike the last word.
    Chairman Sensenbrenner. The gentleman is recognized for 5 
minutes.
    Mr. Scott. Mr. Chairman, had we adopted a substitute on 
this? No? Yes?
    Chairman Sensenbrenner. There is a Subcommittee substitute, 
but this is an amendment to the substitute.
    Mr. Scott. Right.
    Chairman Sensenbrenner. And the substitute was not adopted. 
It was laid down as the base text but not adopted.
    Mr. Scott. And this is an amendment to that substitute?
    Chairman Sensenbrenner. Yes, it is.
    Mr. Scott. Thank you.
    Chairman Sensenbrenner. The question is on agreeing to the 
amendment of the gentleman from Massachusetts to the amendment 
in the nature of a substitute. Those in favor will say aye. 
Opposed, no. The ayes appear to have it. The ayes have it, and 
the amendment to the amendment in the nature of a substitute is 
agreed to.
    Are there further amendments? If there are no further 
amendments, the question is on agreeing to the Subcommittee 
amendment in the nature of a substitute. All those in favor 
will say aye. Opposed, no. The ayes appear to have it. The ayes 
have it, and the amendment in the nature of a substitute is 
agreed to.
    The question occurs on the motion to report the Senate bill 
1194 favorably, as amended. A reporting quorum is present. All 
in favor will say aye. Opposed, no. The ayes appear to have it. 
The ayes have it and the motion to report favorably is adopted.
    Without objection, the bill will be reported favorably to 
the House in the form of a single amendment in the nature of a 
substitute, incorporating the amendment adopted here today. 
Without objection, the Chairman is authorized to move to go to 
conference pursuant to House rules. Without objection, the 
staff is directed to make any technical and conforming changes, 
and all Members will be given 2 days as provided by House rules 
in which to submit additional, dissenting, supplemental, or 
minority views.