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110th Congress                                                   Report
                        HOUSE OF REPRESENTATIVES
 2nd Session                                                    110-514

======================================================================



 
MENTALLY ILL OFFENDER TREATMENT AND CRIME REDUCTION REAUTHORIZATION AND 
                        IMPROVEMENT ACT OF 2007

                                _______
                                

January 22, 2008.--Committed to the Committee of the Whole House on the 
              State of the Union and ordered to be printed

                                _______
                                

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

                              R E P O R T

                        [To accompany H.R. 3992]

      [Including cost estimate of the Congressional Budget Office]

  The Committee on the Judiciary, to whom was referred the bill 
(H.R. 3992) to amend title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 to provide grants for the improved 
mental health treatment and services provided to offenders with 
mental illnesses, and for other purposes, having considered the 
same, reports favorably thereon without amendment and 
recommends that the bill do pass.

                                CONTENTS

                                                                   Page
Purpose and Summary..............................................     2
Background and Need for the Legislation..........................     2
Hearings.........................................................     4
Committee Consideration..........................................     4
Committee Votes..................................................     5
Committee Oversight Findings.....................................     5
New Budget Authority and Tax Expenditures........................     5
Congressional Budget Office Cost Estimate........................     5
Performance Goals and Objectives.................................     7
Constitutional Authority Statement...............................     7
Advisory on Earmarks.............................................     7
Section-by-Section Analysis......................................     7
Changes in Existing Law Made by the Bill, as Reported............     9

                          Purpose and Summary

    With the move in American society over the past several 
decades away from institutionalizing mentally ill individuals, 
many have been incarcerated in local jails and prisons for 
offenses related to their illness. Police and other law 
enforcement officials are generally not trained properly to 
handle mentally ill offenders, who create enormous problems for 
both arresting officers and holding facilities. Jail officials 
often have to isolate mentally ill offenders, which is an 
expensive and labor-intensive proposition, especially in light 
of the fact that jail cells typically hold several people. A 
recent study revealed that as many as 24% of the approximately 
9 million local jail inmates are mentally ill.
    H.R. 3992, the ``Mentally Ill Offender Treatment and Crime 
Reduction Reauthorization and Improvement Act of 2007,'' 
addresses this problem by establishing various grant programs 
to train law enforcement officials to better identify and 
respond to incidents involving persons with mental illness. In 
addition, H.R. 3992 would authorize funding for developing 
receiving centers to assess individuals in law enforcement 
custody for mental health and substance abuse treatment needs. 
Such funding would also be used to improve technology to 
facilitate information sharing among law enforcement and 
criminal justice personnel, as well as to promote evidence-
based practices that provide treatment and services.

                Background and Need for the Legislation

          THE CURRENT PROBLEM: A TREND TOWARD CRIMINALIZATION

    The United States is at a critical juncture with regard to 
the treatment of people with mental disorders. Although the 
societal attitude toward the mentally ill has rarely been 
positive, there is an increasing trend toward criminalization 
and imprisonment of people coping with these illnesses. As 
documented by the United States Department of Justice Bureau of 
Justice Statistics, more than half of all prison and jail 
inmates--including 56 percent of State prisoners, 45 percent of 
Federal prisoners, and 64 percent of local jail inmates--were 
found to have mental health problems.\1\ Prisons currently hold 
three times more mentally ill people than do psychiatric 
hospitals, and prisoners have rates of mental illness that can 
be as high as four times greater than rates for the general 
population.\2\ Moreover, individuals with mental illnesses are 
more likely to be incarcerated for non-violent crimes, to have 
a greater tendency to recidivate, and to serve a longer portion 
or even the maximum amount of their sentence than the general 
prison population.\3\
---------------------------------------------------------------------------
    \1\U.S. Department of Justice, Bureau of Justice Statistics, Mental 
Health Problems of Prison and Jail Inmates (Dec. 14, 2006), at http://
www.ojp.usdoj.gov/bjs/pub/pdf/mhppji.pdf [hereinafter DOJ survey].
    \2\The incidence of mental illness in America's prisons and jails 
is well above that of the general population; the mental illness 
incidence in the general population is approximately 11% compared to an 
average of 55% in jails and prisons. Id. at 3.
    \3\Nearly a quarter of both State prisoners and jail inmates who 
had a mental health problem, compared to a fifth of those without, had 
served 3 or more prior incarcerations. See generally id.
---------------------------------------------------------------------------
    The Justice Department survey highlights several other 
important trends with regard to individuals with mental illness 
who are incarcerated. The survey found that on average 72% of 
people with mental health problems who are incarcerated meet 
substance abuse and dependence criteria.\4\ In addition, when 
compared to the general prison population, individuals with 
mental health problems are twice as likely to have been 
homeless in the year before their arrest and three times as 
likely to report past physical or sexual abuse.\5\ Finally, 
women who are incarcerated had a higher incidence of mental 
illness than men.\6\
---------------------------------------------------------------------------
    \4\Id. at 5.
    \5\Id. at 4-5.
    \6\State prisons: 73% of females and 55% of males; Federal prisons: 
61% of females and 44% of males; local jails: 75% of females and 63% of 
males. Id. at 4.
---------------------------------------------------------------------------

                  CAUSE OF THE PROBLEM: A FRAGMENTED 
                       MENTAL HEALTH CARE SYSTEM

    While many factors contribute to the criminalization trend, 
one of the key factors is State action in the past several 
decades to dismantle mental health hospitals, which has led to 
an under-funded and fragmented mental health care system.\7\ 
The deterioration of this system coincides with a 500% increase 
in the prison population over the past thirty years. That is, 
over the last several decades, States have emptied their 
psychiatric hospitals without moving sufficient resources into 
community-based programs.\8\ Meanwhile, overall prison 
populations have soared. As one author stated, ``[O]ver the 
past 40 years, the United States dismantled a colossal mental 
health complex and rebuilt--bed by bed--an enormous 
prison.''\9\ As a result, individuals with mental illness in 
the prison system are not receiving appropriate treatment. In 
fact, the Justice Department survey found that only a fraction 
of imprisoned mentally ill individuals had received any 
treatment since their admission--34% in State prisons, 24% in 
Federal prisons, and 17% in jails.\10\
---------------------------------------------------------------------------
    \7\Ill Equipped: U.S. Prisons and Offenders with Mental Illness, 
Human Rights Watch Report, Oct. 22, 2003, sec. III, at http://
www.hrw.org/reports/2003.
    \8\Id.
    \9\Bernard E. Harcourt, The Mentally Ill, Behind Bars, N.Y. Times, 
Jan. 15, 2007.
    \10\See DOJ survey, supra note 1, at 9.
---------------------------------------------------------------------------

                THE MENTALLY ILL OFFENDER TREATMENT AND 
                          CRIME REDUCTION ACT

    Passed unanimously by the Congress and signed into law by 
President Bush in 2004, the Mentally Ill Offender Treatment and 
Crime Reduction Act authorized the Justice and Mental Health 
Collaboration Program (JMHCP) grant program. For fiscal years 
2006 and 2007, $5 million (out of a possible $50 million 
authorized) was appropriated for the program. The Bureau of 
Justice Assistance, a division of the Office of Justice 
Programs in the Justice Department, administers the program, 
which is designed to increase public safety by facilitating 
collaboration among the criminal justice, juvenile justice, 
mental health treatment, and substance abuse systems and to 
improve access to effective treatment for people with mental 
illnesses involved with the justice system.
    Three types of grants are awarded through the JMHCP: (1) 
planning grants with a maximum award of $50,000 for 12 months; 
(2) planning and implementation grants with a maximum award of 
$250,000 for 30 months; and (3) implementation and expansion 
grants with a maximum award of $200,000 for 24 months. All 
grants require a joint application from a mental health agency 
and unit of government responsible for criminal or juvenile 
justice activities. This stipulation underscores the 
collaborative nature of this grant, which is intended to bring 
the criminal justice and mental health systems together to 
improve outcomes for people with mental illnesses in the 
justice system.

                          MENTAL HEALTH COURTS

    Mental health courts are rapidly emerging across the Nation 
in response to the large numbers of people with mental illness 
in the criminal justice system. These courts provide supervised 
community-based treatment in lieu of standard criminal justice 
processing. Congress enacted America's Law Enforcement and 
Mental Health Project in 2000. From 2002 to 2005, Congress 
appropriated $7.4 million for mental health courts: $4 million 
in 2002, $3 million in 2003, and $400,000 in 2005. The 
Substance Abuse and Mental Health Services Administration 
provided additional support to mental health courts through 
their Targeted Capacity Expansion grants.
    Although only four mental health courts existed in 1997, 
there are now more than 175 courts established in 35 States, 
with plans to create many more. These courts can be found in a 
wide range of jurisdictions, from very rural counties to urban 
areas. Many States have begun to encourage the formation of 
mental health courts by developing State grant programs and 
passing legislation that describes how jurisdictions should go 
about planning a mental health court.

                                Hearings

    On March 27, 2007, the Committee's Subcommittee on Crime, 
Terrorism, and Homeland Security held 1 day of hearings on 
``Criminal Justice Responses to Offenders with Mental 
Illness,'' which examined the trend toward criminalization, as 
opposed to treatment, of people with mental disorders, and the 
need to implement solutions such as funding the programs under 
the Mentally Ill Offender Treatment and Crime Reduction Act. 
Testimony was received from Associate Administrative Judge 
Steven Leifman, County Court Criminal Division of the Eleventh 
Judicial Circuit located in Miami-Dade County, Florida, and 
Chair of the Miami-Dade County Mayor's Mental Health Task 
Force; Phillip Jay Perry, Idaho Mental Health Court 
Participant; Sheriff David G. Gutierrez, Lubbock County 
Sheriff's Office, Lubbock, Texas; Lieutenant Richard Wall, Los 
Angeles Police Department, Los Angeles; and Leon Evans, 
Executive Director, Jail Diversion Program in San Antonio, 
Texas.

                        Committee Consideration

    On November 1, 2007, the Subcommittee on Crime, Terrorism, 
and Homeland Security met in open session and ordered the bill, 
H.R. 3992, favorably reported, without amendment, by voice 
vote, a quorum being present. On November 7, 2007, the 
Committee met in open session and ordered the bill, H.R.3992, 
favorably reported, without amendment, by voice vote, a quorum 
being present.

                            Committee Votes

    In compliance with clause 3(b) of rule XIII of the Rules of 
the House of Representatives, the Committee advises that there 
were no recorded votes during the Committee's consideration of 
H.R. 3992.

                      Committee Oversight Findings

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

               New Budget Authority and Tax Expenditures

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

               Congressional Budget Office Cost Estimate

    In compliance with clause 3(c)(3) of rule XIII of the Rules 
of the House of Representatives, the Committee sets forth, with 
respect to the bill, H.R. 3992, the following estimate and 
comparison prepared by the Director of the Congressional Budget 
Office under section 402 of the Congressional Budget Act of 
1974:

                                     U.S. Congress,
                               Congressional Budget Office,
                                 Washington, DC, November 29, 2007.
Hon. John Conyers, Jr., Chairman,
Committee on the Judiciary,
House of Representatives, Washington, DC.
    Dear Mr. Chairman: The Congressional Budget Office has 
prepared the enclosed cost estimate for H.R. 3992, the Mentally 
Ill Offender Treatment and Crime Reduction Reauthorization and 
Improvement Act of 2007.
    If you wish further details on this estimate, we will be 
pleased to provide them. The CBO staff contact is Mark 
Grabowicz, who can be reached at 226-2860.
            Sincerely,
                                           Peter R. Orszag,
                                                  Director.

Enclosure

cc:
        Honorable Lamar S. Smith.
        Ranking Member
H.R. 3992--Mentally Ill Offender Treatment and Crime Reduction 
        Reauthorization and Improvement Act of 2007.

                                SUMMARY

    CBO estimates that H.R. 3992 would authorize the 
appropriation of about $700 million over the 2008-2013 period 
for Department of Justice (DOJ) programs to improve the 
treatment of mentally ill offenders throughout the justice 
system. DOJ would use most of those funds to make grants to 
State, local, and tribal governments to assist mentally ill 
offenders.
    Assuming appropriation of the necessary amounts, CBO 
estimates that implementing H.R. 3992 would cost about $390 
million over the 2008-2012 period, with about $310 million 
spent in later years. Enacting the bill would not affect direct 
spending or receipts.
    H.R. 3992 contains no intergovernmental or private-sector 
mandates as defined in the Unfunded Mandates Reform Act (UMRA) 
and would impose no costs on State, local, or tribal 
governments.

                ESTIMATED COST TO THE FEDERAL GOVERNMENT

    The estimated budgetary impact of H.R. 3992 is shown in the 
following table. The cost of this legislation falls within 
budget function 750 (administration of justice).

                 By Fiscal Year, in Millions of Dollars
------------------------------------------------------------------------
                                        2008   2009   2010   2011   2012
------------------------------------------------------------------------
CHANGES IN SPENDING SUBJECT TO APPROPRIATION
Adult and Juvenile Collaboration
 Grants
  Estimated Authorization Level           70     70     75     75     75
  Estimated Outlays                       15     36     51     63     74

Other Grant Programs
  Authorization Level                     47     45     45     45     45
  Estimated Outlays                       12     24     32     39     45

  Total Changes
    Estimated Authorization Level        117    115    120    120    120
    Estimated Outlays                     27     60     83    102    119
------------------------------------------------------------------------

                           BASIS OF ESTIMATE

    For this estimate, CBO assumes that the amounts authorized 
by H.R. 3992 will be appropriated for each fiscal year and that 
outlays will follow the historical spending rates for those 
activities.
    Section 3 would authorize the appropriation of $75 million 
annually over the 2008-2013 period for adult and juvenile 
collaboration grants (a program for mentally ill offenders) 
authorized by section 2991 of the Omnibus Crime Control and 
Safe Streets Act of 1968. Current law authorizes the 
appropriation of such sums as may be necessary for fiscal years 
2008 and 2009 for this program. The Congress appropriated $5 
million for fiscal year 2007 for those grants, so CBO estimates 
that the current authorization level for 2008 and 2009 is also 
$5 million. Thus, we estimate that the bill would authorize an 
additional $70 million for each of those 2 years for this 
program.
    In addition, the bill would authorize the appropriation of 
$45 million a year for five DOJ grant programs to assist 
States, localities, and Indian tribes in improving the 
treatment of mentally ill offenders throughout the justice 
system. H.R. 3992 also would authorize the appropriation of $2 
million for fiscal year 2008 for DOJ to prepare a report on the 
population of mentally ill offenders and certain 
characteristics of such individuals.

              INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

    H.R. 3992 contains no intergovernmental or private-sector 
mandates as defined in UMRA and would impose no costs on State, 
local, or tribal governments. Assuming appropriation of the 
authorized amounts, those governments would receive almost $390 
million over the 2008-2012 period for mental health programs. 
Any costs to such governments would result from complying with 
conditions of Federal assistance.

                         ESTIMATE PREPARED BY:

Federal Costs: Mark Grabowicz (226-2860)
Impact on State, Local, and Tribal Governments: Melissa Merrell 
    (225-3220)
Impact on the Private Sector: Paige Piper/Bach (226-2940)

                         ESTIMATE APPROVED BY:

Peter H. Fontaine
Assistant Director for Budget Analysis

                    Performance Goals and Objectives

    The Committee states that pursuant to clause 3(c)(4) of 
rule XIII of the Rules of the House of Representatives, 
H.R.3992 amends the Omnibus Crime Control and Safe Streets Act 
of 1968 to provide grants that will improve mental health 
treatment and services provided to offenders with mental 
illnesses.

                   Constitutional Authority Statement

    Pursuant to clause 3(d)(1) of rule XIII of the Rules of the 
House of Representatives, the Committee finds the authority for 
this legislation in article I, section 8 of the U.S. 
Constitution, and the due process clause of amendments V and 
XIV of the U.S. Constitution.

                          Advisory on Earmarks

    In accordance with clause 9 of rule XXI of the Rules of the 
House of Representatives, H.R. 3992 does not contain any 
congressional earmarks, limited tax benefits, or limited tariff 
benefits as defined in clause 9(d), 9(e), or 9(f) of rule XXI.

                      Section-by-Section Analysis

    Sec. 1. Short Title and Table of Contents. Section 1 sets 
forth the short title of the bill as the ``Mentally Ill 
Offender Treatment and Crime Reduction Reauthorization and 
Improvement Act of 2007,'' and includes a table of contents.
    Sec. 2. Findings. Section 2 sets out various findings 
relating to mentally ill offenders in the criminal justice 
system.
    Sec. 3. Reauthorization of the Adult and Juvenile 
Collaboration Program Grants. Section 3 reauthorizes the 
Mentally Ill Offender Treatment and Crime Reduction grant 
program at an increased authorization of $75 million (up from 
$50 million in existing law) for fiscal years 2008 to 2013.
    Sec. 4. Law Enforcement Response to Mentally Ill Offenders 
Improvement Grants. Section 4 creates a new grant program for 
States, units of local government, Indian Tribes, and 
organizations to develop: (1) law enforcement training programs 
to identify and respond to incidents involving persons with 
mental illness; (2) receiving centers to assess individuals in 
law enforcement custody for mental health and substance abuse 
needs; (3) improved technology for timely information to law 
enforcement personnel and criminal justice personnel; (4) 
cooperative programs by criminal and juvenile justice agencies 
and mental health agencies to implement effective interventions 
relating to mentally ill offenders; and (5) train campus 
security personnel to identify and respond to incidents 
involving mentally ill individuals. The new program is 
authorized at $10 million for fiscal years 2008 to 2013.
    Sec. 5. Effective Treatment of Female Offenders with Mental 
Illnesses. Section 5 creates a new grant program for States, 
units of local government, Indian Tribes, and organizations 
with respect to female offenders with a mental illness, for the 
purpose of providing: (1) mental health treatment; (2) 
intensive case management services; (3) family support 
services; and (4) related mental health services. The new 
program is authorized at $5 million for fiscal years 2008 to 
2013.
    Sec. 6. Grants to Expand Capabilities and Effectiveness of 
Correctional Agency Identification and Treatment Plans for 
Mentally Ill Offenders. Section 6 creates a new grant program 
for States, units of local government, Indian Tribes, and 
organizations to provide: (1) improved capacity for 
correctional facilities to identify mentally ill offenders and 
develop and coordinate treatment plans for them; (2) 
standardized screening and assessment practices; (3) local task 
forces to identify essential community services for reentry of 
prisoners with a mental illness; (4) planning for the 
transition of mentally ill offenders released from correctional 
facilities; (5) mental health programs at correctional 
facilities and alternative programs to incarceration for 
individuals with mental illnesses; (7) development of community 
crisis services; (8) forensic community treatment plans; (9) 
integrated mental health and substance abuse treatment; (10) 
staff at correctional facilities to assist inmates in the 
reentry process with mental health needs; (11) assistance to 
local agencies and entities for transition planning; (12) 
assistance to inmates in securing documents needed for the 
transition process; and (13) links with local community health 
care providers. Section 6 directs the Attorney General to 
allocate grants based on the percent of offenders to whom the 
entity provided mental health treatment. The new program is 
authorized at $10 million for fiscal years 2008 to 2013.
    Sec. 7. Statewide Planning Grants to Improve Treatment of 
Mentally Ill Offenders. Section 7 creates a new grant program 
for States, units of local government, Indian Tribes and 
organizations to: (1) facilitate the coordination of treatment 
and services; (2) provide for a State to administer and 
coordinate treatment and services; (3) develop a comprehensive 
plan to provide such treatment and services; and (4) establish 
a coordinating center to facilitate the sharing of information 
and promote evidence-based practices to provide treatment and 
services. The new program is authorized at $10 million for 
fiscal years 2008 to 2013.
    Sec. 8. Improving the Mental Health Courts Grant Program. 
Section 8 reauthorizes the mental health courts grant program 
for fiscal years 2008 to 2013 and expands the permissible uses 
of funds to include pre-trial services and assessments and 
alternatives to incarceration.
    Sec. 9. Study and Report on Prevalence of Mentally Ill 
Offenders. Section 9 directs the Attorney General to study and 
report to Congress within 18 months of enactment on the rate of 
occurrence of serious mental illnesses of individuals on 
probation, in jail, in prison, or on parole. For each 
population, the Attorney General is required to determine the 
percentage of individuals who were homeless. The Attorney 
General is authorized $2 million in fiscal year 2008 to prepare 
this report.

         Changes in Existing Law Made by the Bill, as Reported

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

              OMNIBUS CRIME CONTROL AND SAFE STREETS ACT 
                                OF 1968



           *       *       *       *       *       *       *
TITLE I--JUSTICE SYSTEM IMPROVEMENT

           *       *       *       *       *       *       *


                            Part J--Funding

                    AUTHORIZATION OF APPROPRIATIONS

    Sec. 1001. (a)(1) * * *

           *       *       *       *       *       *       *

    (20) There are authorized to be appropriated to carry out 
part V, $10,000,000 for each of [fiscal years 2001 through 
2004] fiscal years 2008 through 2013.

           *       *       *       *       *       *       *


                      PART V--MENTAL HEALTH COURTS

SEC. 2201. GRANT AUTHORITY.

    The Attorney General shall make grants to States, State 
courts, local courts, units of local government, and Indian 
tribal governments, acting directly or through agreements with 
other public or nonprofit entities, for not more than 100 
programs that involve--
            (1) continuing judicial supervision, including 
        periodic review, over preliminarily qualified offenders 
        with mental illness, mental retardation, or co-
        occurring mental illness and substance abuse disorders, 
        who are charged with misdemeanors or nonviolent 
        offenses; [and]
            (2) the coordinated delivery of services, which 
        includes--
                    (A)  * * *

           *       *       *       *       *       *       *

                    (D) continuing supervision of treatment 
                plan compliance for a term not to exceed the 
                maximum allowable sentence or probation for the 
                charged or relevant offense and, to the extent 
                practicable, continuity of psychiatric care at 
                the end of the supervised period[.]; and
            (3) pretrial services and related treatment 
        programs for offenders with mental illnesses; and
            (4) developing, implementing, or expanding programs 
        that are alternatives to incarceration for offenders 
        with mental illnesses.

           *       *       *       *       *       *       *


 PART HH--[ADULT AND JUVENILE COLLABORATION PROGRAM GRANTS] GRANTS TO 
          IMPROVE TREATMENT OF OFFENDERS WITH MENTAL ILLNESSES

SEC. 2991. ADULT AND JUVENILE COLLABORATION PROGRAMS.

    (a)  * * *

           *       *       *       *       *       *       *

    [(c) Priority.--The Attorney General, in awarding funds 
under this section, shall give priority to applications that--
            [(1) demonstrate the strongest commitment to 
        ensuring that such funds are used to promote both 
        public health and public safety;
            [(2) demonstrate the active participation of each 
        co-applicant in the administration of the collaboration 
        program;
            [(3) document, in the case of an application for a 
        grant to be used in whole or in part to fund treatment 
        services for adults or juveniles during periods of 
        incarceration or detention, that treatment programs 
        will be available to provide transition and re-entry 
        services for such individuals; and
            [(4) have the support of both the Attorney General 
        and the Secretary.]
    (c) Priority.--The Attorney General, in awarding funds 
under this section, shall give priority to applications that--
            (1) promote effective strategies by law enforcement 
        to identify and to reduce risk of harm to mentally ill 
        offenders and public safety;
            (2) promote effective strategies for identification 
        and treatment of female mentally ill offenders; or
            (3)(A) demonstrate the strongest commitment to 
        ensuring that such funds are used to promote both 
        public health and public safety;
            (B) demonstrate the active participation of each 
        co-applicant in the administration of the collaboration 
        program;
            (C) document, in the case of an application for a 
        grant to be used in whole or in part to fund treatment 
        services for adults or juveniles during periods of 
        incarceration or detention, that treatment programs 
        will be available to provide transition and re-entry 
        services for such individuals; and
            (D) have the support of both the Attorney General 
        and the Secretary.

           *       *       *       *       *       *       *

    [(g) Minimum Allocation.--Unless all eligible applications 
submitted by any State or unit of local government within such 
State for a planning or implementation grant under this section 
have been funded, such State, together with grantees within the 
State (other than Indian tribes), shall be allocated in each 
fiscal year under this section not less than 0.75 percent of 
the total amount appropriated in the fiscal year for planning 
or implementation grants pursuant to this section.]
    [(h)] (g) Authorization of Appropriations.--[There are 
authorized] (1) In general--There are authorized to be 
appropriated to the Department of Justice to carry out this 
section--
            [(1)] (A) $50,000,000 for fiscal year 2005; [and]
            [(2)] (B) such sums as may be necessary [for fiscal 
        years 2006 through 2009.] for each of the fiscal years 
        2006 and 2007; and
            (C) $75,000,000 for each of the fiscal years 2008 
        through 2013.
    (2) Allocation of funding for administrative purposes.--For 
fiscal year 2008 and each subsequent fiscal year, of the 
amounts authorized under paragraph (1) for such fiscal year, 
the Attorney General may obligate not more than 3 percent for 
the administrative expenses of the Attorney General in carrying 
out this section for such fiscal year.

           *       *       *       *       *       *       *


SEC. 2992. LAW ENFORCEMENT RESPONSE TO MENTALLY ILL OFFENDERS 
                    IMPROVEMENT GRANTS.

    (a) Authorization.--The Attorney General is authorized to 
make grants to States, units of local government, Indian 
tribes, and tribal organizations for the following purposes:
            (1) Training programs.--To provide for programs 
        that offer law enforcement personnel specialized and 
        comprehensive training in procedures to identify and 
        respond appropriately to incidents in which the unique 
        needs of individuals with mental illnesses are 
        involved.
            (2) Receiving centers.--To provide for the 
        development of specialized receiving centers to assess 
        individuals in the custody of law enforcement personnel 
        for mental health and substance abuse treatment needs.
            (3) Improved technology.--To provide for 
        computerized information systems (or to improve 
        existing systems) to provide timely information to law 
        enforcement personnel and criminal justice system 
        personnel to improve the response of such respective 
        personnel to mentally ill offenders.
            (4) Cooperative programs.--To provide for the 
        establishment and expansion of cooperative efforts by 
        criminal and juvenile justice agencies and mental 
        health agencies to promote public safety through the 
        use of effective interventions with respect to mentally 
        ill offenders.
            (5) Campus security personnel training.--To provide 
        for programs that offer campus security personnel 
        training in procedures to identify and respond 
        appropriately to incidents in which the unique needs of 
        individuals with mental illnesses are involved.
    (b) BJA Training Models.--For purposes of subsection 
(a)(1), the Director of the Bureau of Justice Assistance shall 
develop training models for training law enforcement personnel 
in procedures to identify and respond appropriately to 
incidents in which the unique needs of individuals with mental 
illnesses are involved.
    (c) Matching Funds.--The Federal share of funds for a 
program funded by a grant received under this section may not 
exceed 75 percent of the costs of the program unless the 
Attorney General waives, wholly or in part, such funding 
limitation. The non-Federal share of payments made for such a 
program may be made in cash or in-kind fairly evaluated, 
including planned equipment or services.
    (d) Authorization of Appropriations.--There are authorized 
to be appropriated to the Department of Justice to carry out 
this section $10,000,000 for each of the fiscal years 2008 
through 2013.

SEC. 2993. GRANTS FOR THE EFFECTIVE TREATMENT OF FEMALE OFFENDERS WITH 
                    MENTAL ILLNESSES.

    (a) Authorization.--The Attorney General is authorized to 
make grants to States, units of local government, Indian 
tribes, and tribal organizations to provide any of the 
following services, with respect to a female offender with a 
mental illness:
            (1) Mental health treatment.
            (2) Intensive case management services that are 
        coordinated and designed to provide the range of 
        services needed to address treatment or assistance 
        needs of the offender, with respect to any criminal 
        behavior, substance abuse, psychological abuse, 
        physical abuse, housing, employment, and medical needs.
            (3) In the case that the offender has a child, 
        family support services needed to ensure the 
        maintenance of a relationship between the offender and 
        such child.
            (4) Related mental health services for any children 
        of the offender, as needed.
    (b) Authorization of Appropriations.--There are authorized 
to be appropriated to the Department of Justice to carry out 
this section $5,000,000 for each of the fiscal years 2008 
through 2013.

SEC. 2994. GRANTS TO EXPAND CAPABILITIES AND EFFECTIVENESS OF 
                    CORRECTIONAL FACILITY IDENTIFICATION AND TREATMENT 
                    PLANS FOR MENTALLY ILL OFFENDERS.

    (a) Authorization.--The Attorney General is authorized to 
make grants to States, units of local government, Indian 
tribes, and tribal organizations in accordance with this 
section for any of the following purposes:
            (1) To provide correctional facilities within the 
        respective jurisdiction with the capacity (or improved 
        capacity), with respect to inmates of such facilities 
        who have mental illnesses, to--
                    (A) assess the clinical and social needs of 
                such inmates and the extent to which such 
                inmates pose any public safety risks to the 
                community;
                    (B) plan for and provide treatment and 
                services to address such inmates unique needs;
                    (C) identify and coordinate with community 
                and correctional programs responsible for post-
                release services; and
                    (D) coordinate the transition plans for 
                such inmates to ensure the implementation of 
                such plan and to avoid gaps in care with 
                community-based services.
            (2) To provide for the standardization of screening 
        and assessment practices to identify inmates with 
        mental illnesses.
            (3) To provide for local task forces to identify 
        essential community services for inmates with mental 
        illnesses upon the reentry of such inmates into the 
        community.
            (4) To coordinate planning for the transition of 
        inmates with mental illnesses who are released from 
        correctional facilities and renter the community.
            (5) To provide for housing options for individuals 
        with mental illnesses who reenter the community that 
        provide support for the unique needs of such 
        individuals.
            (6) To continue and improve--
                    (A) mental health programs provided at 
                correctional facilities within the respective 
                jurisdiction; or
                    (B) alternative programs to incarceration 
                for individuals with mental illnesses.
            (7) To support the development of community crisis 
        services that are for individuals who are at risk of 
        arrest or incarceration and which are designed to 
        prevent or mitigate a crisis by assessing the 
        individual and crisis involved, providing supportive 
        counseling to the individual, and referring the 
        individual to appropriate community services to 
        stabilize the individual's condition and prevent arrest 
        or incarceration, respectively.
            (8) To support forensic assertive community 
        treatment teams for individuals with serious mental 
        illnesses (as defined for purposes of title V of the 
        Public Health Service Act) who reenter prison.
            (9) To provide for integrated mental health 
        treatment and substance abuse treatment.
            (10)(A) To designate staff to assist inmates of 
        correctional facilities within the respective 
        jurisdiction, in--
                    (i) identifying benefits for which they may 
                be eligible; and
                    (ii) collecting necessary supporting 
                materials (including medical records) and 
                making applications for income support, health 
                care, food stamps, veterans' benefits, TANF, or 
                other benefit programs.
            (B) To contract with local community mental health 
        entities to perform the activities described in clauses 
        (i) and (ii) of subparagraph (A).
            (11) To work with the necessary agencies and 
        entities for transition planning for such inmates 
        reentering the community, including any needed 
        applications and paperwork.
            (12) To assist such inmates to obtain, or if 
        necessary create and prepare, photo identification 
        documents for use upon release.
            (13) To create links with local community mental 
        health providers for case management services for 
        inmates prior to their release from a correctional 
        facility in order to link them with housing, 
        employment, and other key services and benefits.
    (b) Requirements for Application.--To be eligible to 
receive a grant under subsection (a) for a given fiscal year, 
an entity described in such subsection shall submit to the 
Attorney General an application in such form and manner and at 
such time as specified by the Attorney General. In addition to 
any other information specified by the Attorney General, such 
application shall contain the following information:
            (1) The number and percentage of offenders in 
        prisons, jails, and juvenile facilities during the 
        previous year--
                    (A) who were in the custody of the 
                jurisdiction involved;
                    (B) who required mental health treatment; 
                and
                    (C) for whom the prison, jail, or juvenile 
                facility involved provided such treatment.
            (2) A good faith estimate of the number and 
        percentage of offenders in prisons, jails, and juvenile 
        facilities who are predicted to meet the criteria 
        described in each of subparagraphs (A), (B), and (C) of 
        paragraph (1) during such year if the entity receives 
        such grant for such year.
    (c) Allocation of Grant Amounts Based on Mental Health 
Treatment Percent Demonstrated.--In allocating grant amounts 
under this section, the Attorney General shall base the amount 
allocated to an entity for a fiscal year on the percent of 
offenders described in subsection (b) to whom the entity 
provided mental health treatment in the previous fiscal year, 
as demonstrated by the entity in its application under such 
subsection.
    (d) Technical Assistance.--The Attorney General may provide 
technical assistance to any entity awarded a grant under this 
section to establish or expand mental health treatment services 
under this section if such entity does not have any (or has 
only a few) prisons, jails, or juvenile facilities that offer 
such services.
    (e) Reports.--An entity that receives a grant under 
subsection (a) during a fiscal year shall, not later than the 
last day of the following fiscal year, submit to the Attorney 
General a report that describes and assesses the uses of such 
grant.
    (f) Authorization of Appropriations.--There are authorized 
to be appropriated to the Department of Justice to carry out 
this section $10,000,000 for each of the fiscal years 2008 
through 2013.

SEC. 2995. PLANNING GRANTS TO IMPROVE TREATMENT OF MENTALLY ILL 
                    OFFENDERS.

    (a) Authorization.--The Attorney General is authorized to 
carry out a grant program under which the Attorney General 
makes grants to States, units of local government, territories, 
and Indian tribes for the following purposes, with respect to 
the treatment of offenders with mental illnesses:
            (1) To facilitate the coordination of treatment and 
        services provided for such offenders by the State and 
        other units of government located within the State 
        (including local, territorial and tribal).
            (2) To provide for a State (or other appropriate 
        jurisdictional) administer to coordinate such treatment 
        and services provided within the State (or other 
        jurisdiction).
            (3) To develop a comprehensive plan for the 
        provision of such treatment and services to such 
        offenders within such State.
            (4) To establish a coordinating center, with 
        respect to a State, to--
                    (A) facilitate the sharing of information 
                related to such treatment and services for such 
                offenders among the jurisdictions located in 
                such State; and
                    (B) promote evidence-based practices for 
                purposes of providing such treatment and 
                services.
    (b) Application.--To be eligible to receive a grant under 
this section, an entity described in subsection (a) shall 
submit to the Attorney General an application, in such form and 
manner and at such time as specified by the Attorney General 
that includes a proposal that describes how the grant will be 
used to fund mental health treatment and services for jail and 
prison populations that are identified as savings populations 
for such entity and that any savings accruing to the State or 
other applicable jurisdiction from providing such population 
with such treatment and services would be used to increase the 
availability and accessibility of community-based mental health 
services. For purposes of the previous sentence, the term 
``savings population'' means a population that, if in receipt 
of such treatment and services, would potentially generate 
savings to the State or other applicable jurisdiction.
    (c) Authorization of Appropriations.--There are authorized 
to be appropriated $10,000,000 to carry out this section for 
each of the fiscal years 2008 through 2012.

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