[Congressional Record Volume 154, Number 155 (Saturday, September 27, 2008)]
[House]
[Page H10268-H10270]
From the Congressional Record Online through the Government Printing Office [www.gpo.gov]
MENTALLY ILL OFFENDER TREATMENT AND CRIME REDUCTION REAUTHORIZATION AND
IMPROVEMENT ACT OF 2008
Ms. ZOE LOFGREN. Mr. Speaker, I move to suspend the rules and pass
the Senate bill (S. 2304) 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.
The Clerk read the title of the Senate bill.
The text of the Senate bill is as follows:
S. 2304
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This Act may be cited as the ``Mentally
Ill Offender Treatment and Crime Reduction Reauthorization
and Improvement Act of 2008''.
(b) Table of Contents.--The table of contents for this Act
is as follows:
Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Reauthorization of the Adult and Juvenile Collaboration Program
Grants.
Sec. 4. Law enforcement response to mentally ill offenders improvement
grants.
Sec. 5. Examination and report on prevalence of mentally ill offenders.
SEC. 2. FINDINGS.
Congress finds the following:
(1) Communities nationwide are struggling to respond to the
high numbers of people with mental illnesses involved at all
points in the criminal justice system.
(2) A 1999 study by the Department of Justice estimated
that 16 percent of people incarcerated in prisons and jails
in the United States, which is more than 300,000 people,
suffer from mental illnesses.
[[Page H10269]]
(3) Los Angeles County Jail and New York's Rikers Island
jail complex hold more people with mental illnesses than the
largest psychiatric inpatient facilities in the United
States.
(4) State prisoners with a mental health problem are twice
as likely as those without a mental health problem to have
been homeless in the year before their arrest.
SEC. 3. REAUTHORIZATION OF THE ADULT AND JUVENILE
COLLABORATION PROGRAM GRANTS.
(a) Authorization of Appropriations Through 2014.--Section
2991(h) of title I of the Omnibus Crime Control and Safe
Streets Act of 1968 (42 U.S.C. 3797aa(h)) is amended--
(1) in paragraph (1), by striking at the end ``and'';
(2) in paragraph (2), by striking ``for fiscal years 2006
through 2009.'' and inserting ``for each of the fiscal years
2006 and 2007; and''; and
(3) by adding at the end the following new paragraph:
``(3) $50,000,000 for each of the fiscal years 2009 through
2014.''.
(b) Allocation of Funding for Administrative Purposes.--
Section 2991(h) of such title is further amended--
(1) by redesignating paragraphs (1), (2), and (3) (as added
by subsection (a)(3)) as subparagraphs (A), (B), and (C),
respectively, and adjusting the margins accordingly;
(2) by striking ``There are authorized'' and inserting
``(1) In general.--There are authorized''; and
(3) by adding at the end the following new paragraph:
``(2) Allocation of Funding for Administrative Purposes.--
For fiscal year 2009 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.''.
(c) Additional Applications Receiving Priority.--Subsection
(c) of such section is amended to read as follows:
``(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;
``(3) promote effective strategies to expand the use of
mental health courts, including the use of pretrial services
and related treatment programs for offenders; or
``(4)(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 reentry services for such individuals;
and
``(D) have the support of both the Attorney General and the
Secretary.''.
SEC. 4. LAW ENFORCEMENT RESPONSE TO MENTALLY ILL OFFENDERS
IMPROVEMENT GRANTS.
Section 2991 of title I of the Omnibus Crime Control and
Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by--
(1) redesignating subsection (h) as subsection (i); and
(2) inserting after subsection (g) the following:
``(h) Law Enforcement Response to Mentally Ill Offenders
Improvement Grants.--
``(1) Authorization.--The Attorney General is authorized to
make grants under this section to States, units of local
government, Indian tribes, and tribal organizations for the
following purposes:
``(A) 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.
``(B) Receiving centers.--To provide for the development of
specialized receiving centers to assess individuals in the
custody of law enforcement personnel for suicide risk and
mental health and substance abuse treatment needs.
``(C) 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.
``(D) 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 intervention with respect to mentally ill
offenders.
``(E) 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.
``(2) BJA training models.--For purposes of paragraph
(1)(A), 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, including suicide prevention.
``(3) Matching funds.--The Federal share of funds for a
program funded by a grant received under this subsection may
not exceed 50 percent of the costs of the program. 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.''.
SEC. 5. EXAMINATION AND REPORT ON PREVALENCE OF MENTALLY ILL
OFFENDERS.
(a) In General.--
(1) In general.--The Attorney General shall examine and
report on mental illness and the criminal justice system.
(2) Scope.--Congress encourages the Attorney General to
specifically examine the following:
(A) Populations.--The rate of occurrence of serious mental
illnesses in each of the following populations:
(i) Individuals, including juveniles, on probation.
(ii) Individuals, including juveniles, incarcerated in a
jail.
(iii) Individuals, including juveniles, incarcerated in a
prison.
(iv) Individuals, including juveniles, on parole.
(B) Benefits.--The percentage of individuals in each
population described in subparagraph (A) who have--
(i) a serious mental illness; and
(ii) received disability benefits under title II or title
XVI of the Social Security Act (42 U.S.C. 401 et seq. and
1381 et seq.).
(b) Report.--Not later than 36 months after the date of the
enactment of this Act, the Attorney General shall submit to
Congress the report described in subsection (a).
(c) Definitions.--In this section--
(1) the term ``serious mental illness'' means that an
individual has, or at any time during the 1-year period
ending on the date of enactment of this Act had, a covered
mental, behavioral, or emotional disorder; and
(2) the term ``covered mental, behavioral, or emotional
disorder''--
(A) means a diagnosable mental, behavioral, or emotional
disorder of sufficient duration to meet diagnostic criteria
specified within the Diagnostic and Statistical Manual of
Mental Disorders, Fourth Edition, or the International
Classification of Diseases, Ninth Revision, Clinical
Modification equivalent of the Diagnostic and Statistical
Manual of Mental Disorders, Fourth Edition; and
(B) does not include a disorder that has a V code within
the Diagnostic and Statistical Manual of Mental Disorders,
Fourth Edition, a substance use disorder, or a developmental
disorder, unless that disorder cooccurs with another disorder
described in subparagraph (A) and causes functional
impairment which substantially interferes with or limits 1 or
more major life activities.
(d) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $2,000,000 for
2009.
The SPEAKER pro tempore. Pursuant to the rule, the gentlewoman from
California (Ms. Zoe Lofgren) and the gentleman from Texas (Mr. Smith)
each will control 20 minutes.
The Chair recognizes the gentlewoman from California.
General Leave
Ms. ZOE LOFGREN of California. Mr. Speaker, I ask unanimous consent
that all Members have 5 legislative days to revise and extend their
remarks and include extraneous material on the bill under
consideration.
The SPEAKER pro tempore. Is there objection to the request of the
gentlewoman from California?
There was no objection.
Ms. ZOE LOFGREN of California. Mr. Speaker, I yield myself such time
as I may consume.
Mr. Speaker, this bill is similar to H.R. 3992, which was authored by
Crime Subcommittee Chairman Bobby Scott of Virginia which passed our
House in January.
The Senate bill focuses on expanding the allowable uses of funds in
existing programs that provide assistance to mentally ill offenders. It
reauthorizes the Mentally Ill Offender Treatment and Crime Reduction
Grant Program at the current level of $50 million. It expands the
permissible use of funds for mental health courts that will incorporate
pretrial services and assessments for alternatives to incarceration.
Funds under this bill can be used to assist law enforcement agencies
with identifying and reducing the risk of harm to mentally ill
offenders, while also maintaining public safety.
Finally, this bill will provide States and units of government with
funding to improve the treatment of female offenders with mental
illness.
Despite common misconceptions, the majority of mentally ill people
who are arrested and incarcerated are low-
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level, nonviolent offenders. This legislation will help jurisdictions
assist mentally ill people in ways that help keep them out of our jails
and prisons if that's not where they belong.
This is a good bill, and I urge its passage.
I reserve the balance of my time.
Mr. SMITH of Texas. Mr. Speaker, I don't know if I'd call it a habit,
but I find myself again agreeing with the gentlewoman from California,
Ms. Zoe Lofgren.
This is a bill that has already passed the House in a similar form, I
believe, last January.
I will include my entire statement in the Record.
I support S. 2304, the Mentally III 0ffender Treatment and Crime
Reduction Reauthorization and Improvement Act. The House passed
companion legislation, H.R. 3992, last January.
This important legislation addresses the unique challenges that
mentally ill offenders create for our criminal justice system. It is
estimated that 16 percent of the prison or jail population in the
country suffers from a serious mental illness.
More than one-fifth of jails have no access to any mental health
services at all. Many criminal justice agencies are unprepared to meet
the comprehensive treatment and needs of individuals with mental
illness.
Jails and prisons require extra staff resources for inmates with
mental illness. In addition, mentally ill offenders can be affected
psychologically by incarceration differently than general population
offenders.
H.R. 3992 reauthorizes the Mentally Ill Offender Treatment and Crime
Reduction Act; encourages early intervention for individuals with
mental illness; reauthorizes the mental health courts program; and
maximizes diversion opportunities for nonviolent offenders with mental
illness and co-occurring disorders.
The legislation also promotes training for treatment professionals on
criminal justice processes and mental health and substance abuse
issues; establishes State and local planning grants to address the
needs of mentally ill offenders; and facilitates communication,
collaboration, and the delivery of support services among justice
professionals, treatment and related service providers.
I urge my colleagues to support this measure.
I yield back the balance of my time.
Ms. ZOE LOFGREN of California. Mr. Speaker, I would just say that at
a time when the majority of mental health treatment provided in this
country is provided in county jails, a measure such as this is
enormously important to divert individuals who are suffering from an
illness to appropriate treatment where their illness would be treated
and where their disruptive behavior will not bother others. I'm glad
that we are moving forward in a bipartisan manner to approve this.
I yield back the balance of my time.
The SPEAKER pro tempore. The question is on the motion offered by the
gentlewoman from California (Ms. Zoe Lofgren) that the House suspend
the rules and pass the Senate bill, S. 2304.
The question was taken.
The SPEAKER pro tempore. In the opinion of the Chair, two-thirds
being in the affirmative, the ayes have it.
Mr. SMITH of Texas. Mr. Speaker, I object to the vote on the ground
that a quorum is not present and make the point of order that a quorum
is not present.
The SPEAKER pro tempore. Pursuant to clause 8 of rule XX and the
Chair's prior announcement, further proceedings on this motion will be
postponed.
The point of no quorum is considered withdrawn.
____________________