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[[Page 118 STAT. 2327]]
Public Law 108-414
To foster local collaborations which will ensure that resources are
effectively and efficiently used within the criminal and juvenile
justice systems. <<NOTE: Oct. 30, 2004 - [S. 1194]>>
Be it enacted by the Senate and House of Representatives of the
United States of America in <<NOTE: Mentally Ill Offender Treatment and
Crime Reduction Act of 2004.>> Congress assembled,
SECTION 1. <<NOTE: 42 USC 3711 note.>> SHORT TITLE.
This Act may be cited as the ``Mentally Ill Offender Treatment and
Crime Reduction Act of 2004''.
SEC. 2. <<NOTE: 42 USC 3797aa note.>> 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
(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
(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.
[[Page 118 STAT. 2328]]
SEC. 3. <<NOTE: 42 USC 3797aa note.>> 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
(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
(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
(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
(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
(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. <<NOTE: 42 USC 3797aa.>> ADULT AND JUVENILE COLLABORATION
``(a) Definitions.--In this section, the following definitions shall
``(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
``(A) a criminal or juvenile justice agency or a
mental health court; and
``(B) a mental health agency.
[[Page 118 STAT. 2329]]
``(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
``(4) Diversion and alternative prosecution and
``(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
``(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
``(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
``(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.
[[Page 118 STAT. 2330]]
``(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
``(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;
``(D) programs that support intergovernmental
cooperation between State and local governments with
respect to the mentally ill offender.
[[Page 118 STAT. 2331]]
``(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 <<NOTE: Procedures.>> 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
``(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
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108th Congressional Public Laws Records and Documents
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