Home > 106th Congressional Bills > S. 1865 (es) To provide grants to establish demonstration mental health courts. [Engrossed in Senate] ...S. 1865 (es) To provide grants to establish demonstration mental health courts. [Engrossed in Senate] ...
S.1865
One Hundred Sixth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Monday,
the twenty-fourth day of January, two thousand
An Act
To provide grants to establish demonstration mental health courts.
Be it enacted by the Senate and House of Representatives of the
United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ``America's Law Enforcement and Mental
Health Project''.
SEC. 2. FINDINGS.
Congress finds that--
(1) fully 16 percent of all inmates in State prisons and local
jails suffer from mental illness, according to a July, 1999 report,
conducted by the Bureau of Justice Statistics;
(2) between 600,000 and 700,000 mentally ill persons are
annually booked in jail alone, according to the American Jail
Association;
(3) estimates say 25 to 40 percent of America's mentally ill
will come into contact with the criminal justice system, according
to National Alliance for the Mentally Ill;
(4) 75 percent of mentally ill inmates have been sentenced to
time in prison or jail or probation at least once prior to their
current sentence, according to the Bureau of Justice Statistics in
July, 1999; and
(5) Broward County, Florida and King County, Washington, have
created separate Mental Health Courts to place nonviolent mentally
ill offenders into judicially monitored inpatient and outpatient
mental health treatment programs, where appropriate, with positive
results.
SEC. 3. MENTAL HEALTH COURTS.
(a) Amendment.--Title I of the Omnibus Crime Control and Safe
Streets Act of 1968 is amended by inserting after part U (42 U.S.C.
3796hh et seq.) the following:
``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) specialized training of law enforcement and judicial
personnel to identify and address the unique needs of a
mentally ill or mentally retarded offender;
``(B) voluntary outpatient or inpatient mental health
treatment, in the least restrictive manner appropriate, as
determined by the court, that carries with it the possibility
of dismissal of charges or reduced sentencing upon successful
completion of treatment;
``(C) centralized case management involving the
consolidation of all of a mentally ill or mentally retarded
defendant's cases, including violations of probation, and the
coordination of all mental health treatment plans and social
services, including life skills training, such as housing
placement, vocational training, education, job placement,
health care, and relapse prevention for each participant who
requires such services; and
``(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.
``SEC. 2202. DEFINITIONS.
``In this part--
``(1) 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) that has resulted in functional impairment that
substantially interferes with or limits 1 or more major life
activities; and
``(2) the term `preliminarily qualified offender with mental
illness, mental retardation, or co-occurring mental and substance
abuse disorders' means a person who--
``(A)(i) previously or currently has been diagnosed by a
qualified mental health professional as having a mental
illness, mental retardation, or co-occurring mental illness and
substance abuse disorders; or
``(ii) manifests obvious signs of mental illness, mental
retardation, or co-occurring mental illness and substance abuse
disorders during arrest or confinement or before any court; and
``(B) is deemed eligible by designated judges.
``SEC. 2203. ADMINISTRATION.
``(a) Consultation.--The Attorney General shall consult with the
Secretary of Health and Human Services and any other appropriate
officials in carrying out this part.
``(b) Use of Components.--The Attorney General may utilize any
component or components of the Department of Justice in carrying out
this part.
``(c) Regulatory Authority.--The Attorney General shall issue
regulations and guidelines necessary to carry out this part which
include, but are not limited to, the methodologies and outcome measures
proposed for evaluating each applicant program.
``(d) Applications.--In addition to any other requirements that may
be specified by the Attorney General, an application for a grant under
this part shall--
``(1) include a long-term strategy and detailed implementation
plan;
``(2) explain the applicant's inability to fund the program
adequately without Federal assistance;
``(3) certify that the Federal support provided will be used to
supplement, and not supplant, State, Indian tribal, and local
sources of funding that would otherwise be available;
``(4) identify related governmental or community initiatives
which complement or will be coordinated with the proposal;
``(5) certify that there has been appropriate consultation with
all affected agencies and that there will be appropriate
coordination with all affected agencies in the implementation of
the program, including the State mental health authority;
``(6) certify that participating offenders will be supervised
by one or more designated judges with responsibility for the mental
health court program;
``(7) specify plans for obtaining necessary support and
continuing the proposed program following the conclusion of Federal
support;
``(8) describe the methodology and outcome measures that will
be used in evaluating the program; and
``(9) certify that participating first time offenders without a
history of a mental illness will receive a mental health
evaluation.
``SEC. 2204. APPLICATIONS.
``To request funds under this part, the chief executive or the
chief justice of a State or the chief executive or chief judge of a
unit of local government or Indian tribal government shall submit to
the Attorney General an application in such form and containing such
information as the Attorney General may reasonably require.
``SEC. 2205. FEDERAL SHARE.
``The Federal share of a grant made under this part may not exceed
75 percent of the total costs of the program described in the
application submitted under section 2204 for the fiscal year for which
the program receives assistance under this part, unless the Attorney
General waives, wholly or in part, the requirement of a matching
contribution under this section. The use of the Federal share of a
grant made under this part shall be limited to new expenses
necessitated by the proposed program, including the development of
treatment services and the hiring and training of personnel. In-kind
contributions may constitute a portion of the non-Federal share of a
grant.
``SEC. 2206. GEOGRAPHIC DISTRIBUTION.
``The Attorney General shall ensure that, to the extent
practicable, an equitable geographic distribution of grant awards is
made that considers the special needs of rural communities, Indian
tribes, and Alaska Natives.
``SEC. 2207. REPORT.
``A State, Indian tribal government, or unit of local government
that receives funds under this part during a fiscal year shall submit
to the Attorney General a report in March of the following year
regarding the effectiveness of this part.
``SEC. 2208. TECHNICAL ASSISTANCE, TRAINING, AND EVALUATION.
``(a) Technical Assistance and Training.--The Attorney General may
provide technical assistance and training in furtherance of the
purposes of this part.
``(b) Evaluations.--In addition to any evaluation requirements that
may be prescribed for grantees, the Attorney General may carry out or
make arrangements for evaluations of programs that receive support
under this part.
``(c) Administration.--The technical assistance, training, and
evaluations authorized by this section may be carried out directly by
the Attorney General, in collaboration with the Secretary of Health and
Human Services, or through grants, contracts, or other cooperative
arrangements with other entities.''.
(b) Technical Amendment.--The table of contents of title I of the
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3711 et
seq.), is amended by inserting after part U the following:
``Part V--Mental Health Courts
``Sec. 2201. Grant authority.
``Sec. 2202. Definitions.
``Sec. 2203. Administration.
``Sec. 2204. Applications.
``Sec. 2205. Federal share.
``Sec. 2206. Geographic distribution.
``Sec. 2207. Report.
``Sec. 2208. Technical assistance, training, and evaluation.''.
(c) Authorization of Appropriations.--Section 1001(a) of title I of
the Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C.
3793(a)) is amended by inserting after paragraph (19) the following:
``(20) There are authorized to be appropriated to carry out part V,
$10,000,000 for each of fiscal years 2001 through 2004.''.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.
Pages: 1 Other Popular 106th Congressional Bills Documents:
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