[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[S. 2304 Enrolled Bill (ENR)]
S.2304
One Hundred Tenth Congress
of the
United States of America
AT THE SECOND SESSION
Begun and held at the City of Washington on Thursday,
the third day of January, two thousand and eight
An Act
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.
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.
(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.
Speaker of the House of Representatives.
Vice President of the United States and
President of the Senate.