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Calendar No. 734
106th CONGRESS
2d Session
S. 1865
To provide grants to establish demonstration mental health courts.
_______________________________________________________________________
IN THE SENATE OF THE UNITED STATES
November 4, 1999
Mr. DeWine (for himself and Mr. Domenici) introduced the following
bill; which was read twice and referred to the Committee on the
Judiciary
July 27, 2000
Reported by Mr. Hatch, with an amendment
[Strike out all after the enacting clause and insert the part printed
in italic]
_______________________________________________________________________
A BILL
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,
<DELETED>SECTION 1. SHORT TITLE.</DELETED>
<DELETED> This Act may be cited as the ``America's Law Enforcement
and Mental Health Project''.</DELETED>
<DELETED>SEC. 2. FINDINGS.</DELETED>
<DELETED> Congress finds that--</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (2) between 600,000 and 700,000 mentally ill
persons are annually booked in jail alone, according to the
American Jail Association;</DELETED>
<DELETED> (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;</DELETED>
<DELETED> (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</DELETED>
<DELETED> (5) Broward County, Florida and King County,
Washington, have created separate Mental Health Courts to place
nonviolent mentally ill offenders into judicially monitored in-
patient and out-patient mental health treatment programs, where
appropriate, with positive results.</DELETED>
<DELETED>SEC. 3. MENTAL HEALTH COURTS.</DELETED>
<DELETED> (a) Amendment.--Part V of title I of the Omnibus Crime
Control and Safe Streets Act of 1968 is amended to read as
follows:</DELETED>
<DELETED>``PART V--MENTAL HEALTH COURTS</DELETED>
<DELETED>``SEC. 2201. GRANT AUTHORITY.</DELETED>
<DELETED> ``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 up to 125 programs that involve--</DELETED>
<DELETED> ``(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
nonviolent offenses; and</DELETED>
<DELETED> ``(2) the coordinated delivery of services, which
includes--</DELETED>
<DELETED> ``(A) specialized training of law
enforcement and judicial personnel to identify and
address the unique needs of a mentally ill or mentally
retarded offender;</DELETED>
<DELETED> ``(B) voluntary outpatient or inpatient
mental health treatment that carries with it the
possibility of dismissal of charges or reduced
sentencing upon successful completion of treatment;
and</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED>``SEC. 2202. DEFINITION.</DELETED>
<DELETED> ``In this part the term `preliminarily qualified offender
with mental illness, mental retardation, or co-occurring mental and
substance abuse disorders' means a person who--</DELETED>
<DELETED> ``(1)(A) 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</DELETED>
<DELETED> ``(B) 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</DELETED>
<DELETED> ``(2) is deemed eligible by designated
judges.</DELETED>
<DELETED>``SEC. 2203. ADMINISTRATION.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(b) Use of Components.--The Attorney General may utilize
any component or components of the Department of Justice in carrying
out this part.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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--</DELETED>
<DELETED> ``(1) include a long-term strategy and detailed
implementation plan;</DELETED>
<DELETED> ``(2) explain the applicant's inability to fund
the program adequately without Federal assistance;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(4) identify related governmental or community
initiatives which complement or will be coordinated with the
proposal;</DELETED>
<DELETED> ``(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;</DELETED>
<DELETED> ``(6) certify that participating offenders will be
supervised by one or more designated judges with responsibility
for the mental health court program;</DELETED>
<DELETED> ``(7) specify plans for obtaining necessary
support and continuing the proposed program following the
conclusion of Federal support;</DELETED>
<DELETED> ``(8) describe the methodology and outcome
measures that will be used in evaluating the program;
and</DELETED>
<DELETED> ``(9) certify that participating first time
offenders without a history of a mental illness will receive a
mental health evaluation.</DELETED>
<DELETED>``SEC. 2204. APPLICATIONS.</DELETED>
<DELETED> ``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 an
application to the Attorney General in such form and containing such
information as the Attorney General may reasonably require.</DELETED>
<DELETED>``SEC. 2205. FEDERAL SHARE.</DELETED>
<DELETED> ``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 2205 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.</DELETED>
<DELETED>``SEC. 2206. GEOGRAPHIC DISTRIBUTION.</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``SEC. 2207. REPORT.</DELETED>
<DELETED> ``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.</DELETED>
<DELETED>``SEC. 2208. TECHNICAL ASSISTANCE, TRAINING, AND
EVALUATION.</DELETED>
<DELETED> ``(a) Technical Assistance and Training.--The Attorney
General may provide technical assistance and training in furtherance of
the purposes of this part.</DELETED>
<DELETED> ``(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.</DELETED>
<DELETED> ``(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.''.</DELETED>
<DELETED> (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:</DELETED>
<DELETED>``Part V--Mental Health Courts
<DELETED>``Sec. 2201. Grant authority.
<DELETED>``Sec. 2202. Definition.
<DELETED>``Sec. 2203. Administration.
<DELETED>``Sec. 2204. Applications.
<DELETED>``Sec. 2205. Federal share.
<DELETED>``Sec. 2206. Geographic distribution.
<DELETED>``Sec. 2207. Report.
<DELETED>``Sec. 2208. Technical assistance, training, and
evaluation.''.
<DELETED> (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:</DELETED>
<DELETED> ``(20) There are authorized to be appropriated to carry
out part V, $10,000,000 for each of fiscal years 2000 through
2004.''.</DELETED>
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 in-patient and
out-patient 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
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