Home > 108th Congressional Public Laws > Pub.L. 108-415 To amend title 31 of the United States Code to increase the public debt limit. <> ...

Pub.L. 108-415 To amend title 31 of the United States Code to increase the public debt limit. <> ...


Google
 
Web GovRecords.org



[[Page 118 STAT. 2327]]

Public Law 108-414
108th Congress

                                 An Act


 
  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 
        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.

[[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 
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. <<NOTE: 42 USC 3797aa.>> 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.

[[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 
        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.

[[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 
                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.

[[Page 118 STAT. 2331]]

            ``(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 <<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 
                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 

Pages: 1 2 Next >>

Other Popular 108th Congressional Public Laws Documents:

1 Pub.L. 108-014 To designate the Federal building located at 290 Broadway in New York, New York, as the ``Ted Weiss Federal Building''. <> ...
2 Pub.L. 108-200 To authorize appropriations for fiscal year 2004 to carry out the Congo Basin Forest Partnership program, and for other purposes. <> ...
3 Pub.L. 108-033 To designate the facility of the United States Postal Service located at 1114 Main Avenue in Clifton, New Jersey, as the ``Robert P. Hammer Post Office Building''. <> ...
4 Pub.L. 108-131 To authorize the Secretary of the Interior to acquire the property in Cecil County, Maryland, known as Garrett Island for inclusion in the Blackwater National Wildlife Refuge. <> ...
5 Pub.L. 108-234 To provide for the establishment of separate campaign medals to be ...
6 Pub.L. 108-069 Making emergency supplemental appropriations for the fiscal year ending September 30, 2003. <> ...
7 Pub.L. 108-015 To ensure continuity for the design of the 5-cent coin, establish the Citizens <> Coinage Advisory Committee, and for other purposes. ...
8 Pub.L. 108-153 To authorize appropriations for nanoscience, nanoengineering, and nanotechnology research, and for other purposes. <> ...
9 Pub.L. 108-417 To authorize an exchange of land at Fort Frederica National Monument, and for other purposes. <> ...
10 Pub.L. 108-427 To expand research information regarding multidisciplinary research projects and epidemiological studies. <> ...
11 Pub.L. 108-099 To amend the Immigration and Nationality Act to extend for an additional 5 years the special immigrant religious worker program. <> ...
12 Pub.L. 108-120 To designate the facility of the United States Postal Service located at 135 East Olive Avenue in Burbank, California, as the ``Bob Hope Post Office Building''. <> ...
13 Pub.L. 108-248 To designate the facility of the United States Postal Service located at 210 Main Street in Malden, Illinois, as the ``Army Staff Sgt. Lincoln Hollinsaid Malden Post Office''. <> ...
14 Pub.L. 108-132 Making appropriations for military construction, family housing, and base realignment and closure for the Department of Defense for the fiscal year ending September 30, 2004, and for other purposes. <> %%F...
15 Pub.L. 108-256 To designate the facility of the United States Postal Service located at 695 Marconi Boulevard in Copiague, New York, as the ``Maxine S. Postal United States Post Office''. <> ...
16 Pub.L. 108-214 To amend the Federal Food, Drug, and Cosmetic Act to make technical corrections relating to the amendments made by the Medical Device User Fee and Modernization Act of 2002, and for other purposes. <> %%Filen...
17 Pub.L. 108-172 To temporarily extend the programs under the Small Business Act and the Small Business Investment Act of 1958 through March 15, 2004, and for other purposes. <> ...
18 Pub.L. 108-101 To award a congressional gold medal to Jackie Robinson (posthumously), in recognition of his many contributions to the Nation, and to express the sense of the Congress that there should be a national day in recognition of Jackie Robinson. <...
19 Pub.L. 108-367 To expand the boundaries of the Fort Donelson National Battlefield to authorize the acquisition and interpretation of lands associated with the campaign that resulted in the capture of the fort in 1862, and for other purposes. <
20 Pub.L. 108-264 To amend the National Flood Insurance Act of 1968 to reduce losses to properties for which repetitive flood insurance claim payments have been made. <> ...
21 Pub.L. 108-217 To provide for an additional temporary extension of programs under the Small Business Act and the Small Business Investment Act of 1958 through June 4, 2004, and for other purposes. <> ...
22 Pub.L. 108-276 To amend the Public Health Service Act to provide protections and ...
23 Pub.L. 108-116 To designate the facility of the United States Postal Service located at 1210 Highland Avenue in Duarte, California, as the ``Francisco A. Martinez Flores Post Office''. <> ...
24 Pub.L. 108-401 To amend title 5, United States Code, to authorize appropriations for the Administrative Conference of the United States for fiscal years 2005, 2006, and 2007, and for other purposes. <> ...
25 Pub.L. 108-338 To direct the Secretary of Agriculture to convey to the New Hope Cemetery Association certain land in the State of Arkansas for use as a cemetery. <> ...
26 Pub.L. 108-051 To designate the facility of the United States Postal Service located at 1901 West Evans Street in Florence, South Carolina, as the ``Dr. Roswell N. Beck Post Office Building''. <> ...
27 Pub.L. 108-072 To provide for additional space and resources for national collections held by the Smithsonian Institution, and for other purposes. <> ...
28 Pub.L. 108-145 To reauthorize the adoption incentive payments program under part E of title IV of the Social Security Act, and for other purposes. <> ...
29 Pub.L. 108-250 To designate the facility of the United States Postal Service located at 201 South Chicago Avenue in Saint Anne, Illinois, as the ``Marine Capt. Ryan Beaupre Saint Anne Post Office''. <> ...
30 Pub.L. 108-351 To amend the Lease Lot Conveyance Act of 2002 to provide that the amounts received by the United States under that Act shall be deposited in the reclamation fund, and for other purposes. <> ...


Other Documents:

108th Congressional Public Laws Records and Documents

GovRecords.org presents information on various agencies of the United States Government. Even though all information is believed to be credible and accurate, no guarantees are made on the complete accuracy of our government records archive. Care should be taken to verify the information presented by responsible parties. Please see our reference page for congressional, presidential, and judicial branch contact information. GovRecords.org values visitor privacy. Please see the privacy page for more information.
House Rules:

104th House Rules
105th House Rules
106th House Rules

Congressional Bills:

104th Congressional Bills
105th Congressional Bills
106th Congressional Bills
107th Congressional Bills
108th Congressional Bills

Supreme Court Decisions

Supreme Court Decisions

Additional

1995 Privacy Act Documents
1997 Privacy Act Documents
1994 Unified Agenda
2004 Unified Agenda

Congressional Documents:

104th Congressional Documents
105th Congressional Documents
106th Congressional Documents
107th Congressional Documents
108th Congressional Documents

Congressional Directory:

105th Congressional Directory
106th Congressional Directory
107th Congressional Directory
108th Congressional Directory

Public Laws:

104th Congressional Public Laws
105th Congressional Public Laws
106th Congressional Public Laws
107th Congressional Public Laws
108th Congressional Public Laws

Presidential Records

1994 Presidential Documents
1995 Presidential Documents
1996 Presidential Documents
1997 Presidential Documents
1998 Presidential Documents
1999 Presidential Documents
2000 Presidential Documents
2001 Presidential Documents
2002 Presidential Documents
2003 Presidential Documents
2004 Presidential Documents

Home Executive Judicial Legislative Additional Reference About Privacy