II

106TH CONGRESS

1ST SESSION S. 1046

To amend title V of the Public Health Service Act to revise and extend

certain programs under the authority of the Substance Abuse and Mental

Health Service Administration, and for other purposes.

IN THE SENATE OF THE UNITED STATES

MAY 13, 1999

Mr. REED introduced the following bill; which was read twice and referred to

the Committee on Health, Education, Labor, and Pensions

A BILL

To amend title V of the Public Health Service Act to revise

and extend certain programs under the authority of the

Substance Abuse and Mental Health Service Administration, and for other purposes.

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled,

3 SECTION 1. SHORT TITLE.

4 This Act may be cited as the ‘‘Wrap Around Services

5 for Detained or Incarcerated Youth Act of 1999’’.

6 SEC. 2. FINDINGS.

7 Congress makes the following findings:
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1 (1) Four million underage youth are arrested in

2 the United States every year and 30 percent of those

3 arrested are likely to relapse and commit a crime

4 within 1 year of the arrest.

5 (2) According to a Federal study, 60 percent of

6 youth offenders in the juvenile justice system who

7 are in detention programs have behavioral, mental,

8 or emotional problems.

9 (3) Over 60 percent of youth offenders in facili10 ties in the juvenile justice system have substance

11 abuse disorders.

12 (4) Academic studies repeatedly find that there

13 is a higher percentage of youth offenders in the ju14 venile justice system who have mental disorders than

15 in the youth population at large.

16 (5) Less than 13 percent of youth offenders in

17 the juvenile justice system who have been identified

18 as in need of treatment receive such treatment.

19 SEC. 3. WRAP AROUND GRANTS FOR YOUTH.

20 Subpart 3 of part B of title V of the Public Health

21 Service Act (42 U.S.C. 290bb-31 et seq.) is amended by

22 adding at the end the following:

23 ‘‘SEC. 520C. WRAP AROUND GRANTS FOR YOUTH.

24 ‘‘(a) IN GENERAL.—The Secretary, acting through

25 the Director of the Center for Mental Health Services, and
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1 in consultation with the Director of the Center for Sub2 stance Abuse Treatment, the Administrator of the Office

3 of Juvenile Justice and Delinquency Prevention, and the

4 Director of the Special Education Programs, shall award

5 grants on a competitive basis to State or local juvenile jus6 tice agencies to enable such agencies to provide aftercare

7 services for youth offenders who have been discharged

8 from facilities in the juvenile or criminal justice system

9 and have serious emotional disturbances or are at risk of

10 developing such disturbances.

11 ‘‘(b) PURPOSE.—The purposes of this section are—

12 ‘‘(1) to address the needs of youth offenders

13 who have been discharged from the juvenile or crimi14 nal justice system and have serious emotional dis15 turbances or are at risk of developing such disturb16 ances;

17 ‘‘(2) to provide a community-based system of

18 care for such youth offenders to prevent the youth

19 from committing additional or more serious criminal

20 offenses;

21 ‘‘(3) to provide services for youth offenders

22 after such youth have been detained or incarcerated

23 in facilities within the juvenile or criminal justice

24 system to decrease the likelihood that the individuals

25 will reoffend;
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1 ‘‘(4) to enable State and local agencies that

2 provide services for youth to work together with ju3 venile justice agencies to establish a plan for each

4 youth offender to reduce the likelihood of recidivism;

5 and

6 ‘‘(5) to encourage involvement of the youth of7 fender’s family members, significant persons in the

8 youth offender’s life, and community agencies in the

9 process of helping youth offenders resist criminal ac10 tivity and remain in the community.

11 ‘‘(c) USE OF FUNDS.—A State or local juvenile jus12 tice agency receiving a grant under subsection (a) shall

13 use the amounts provided under the grant—

14 ‘‘(1) to develop a plan describing the manner in

15 which the agency will provide services for each youth

16 offender who has a serious emotional disturbance

17 and has come in contact with the juvenile or crimi18 nal justice system;

19 ‘‘(2) to provide a network of core or aftercare

20 services or access to such services for each youth of21 fender, including diagnostic and evaluation services,

22 substance abuse treatment services, outpatient men23 tal health care services, medication management

24 services, intensive home-based therapy, intensive day
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1 treatment services, respite care, and therapeutic fos2 ter care;

3 ‘‘(3) to establish a program that coordinates

4 with other State and local agencies providing rec5 reational, social, educational, vocational, or oper6 ational services for youth, to enable the agency re7 ceiving a grant under this section to provide commu8 nity-based system of care services for each youth of9 fender that addresses the special needs of the youth

10 and helps the youth access all of the aforementioned

11 services; and

12 ‘‘(4) using not more than 20 percent of funds

13 received, to provide planning and transition services

14 as described in paragraph (3) for youth offenders

15 while such youth are incarcerated or detained.

16 ‘‘(d) APPLICATION.—A State or local juvenile justice

17 agency that desires a grant under subsection (a) shall sub18 mit an application to the Secretary at such time, in such

19 manner, and accompanied by such information as the Sec20 retary may reasonably require.

21 ‘‘(e) REPORT.—Not later than 1 year after the date

22 of enactment of this section and annually thereafter, a

23 State or local juvenile justice agency receiving a grant

24 under subsection (a) shall submit to the Secretary a report
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1 describing the programs carried out pursuant to this sec2 tion.

3 ‘‘(f) DEFINITIONS.—In this section:

4 ‘‘(1) SERIOUS EMOTIONAL DISTURBANCE.—The

5 term ‘serious emotional disturbance’ with respect to

6 a youth offender means an offender who currently,

7 or at any time within the 1-year period ending on

8 the day on which services are sought under this sec9 tion, has a diagnosable mental, behavioral, or emo10 tional disorder that functionally impairs the offend11 er’s life by substantially limiting the offender’s role

12 in family, school, or community activities, and inter13 fering with the offender’s ability to achieve or main14 tain 1 or more developmentally-appropriate social,

15 behavior, cognitive, communicative, or adaptive

16 skills.

17 ‘‘(2) COMMUNITY-BASED SYSTEM OF CARE.—

18 The term ‘community-based system of care’ means

19 the provision of services for the youth offender by

20 various State or local agencies that in an inter21 agency fashion or operating as a network addresses

22 the recreational, social, educational, vocational, men23 tal health, substance abuse, and operational needs of

24 the youth offender.
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1 ‘‘(3) YOUTH OFFENDER.—The term ‘youth of2 fender’ means an individual who is 21 years of age

3 or younger who has been discharged from a State or

4 local juvenile or criminal justice system, except that

5 if the individual is between the ages of 18 and 21

6 years, such individual has had contact with the State

7 or local juvenile or criminal justice system prior to

8 attaining 18 years of age and is under the jurisdic9 tion of such a system at the time services are

10 sought.

11 ‘‘(g) AUTHORIZATION OF APPROPRIATIONS.—There

12 is authorized to be appropriated to carry out this section

13 $40,000,000 for each of the fiscal years 2000 through

14 2004.

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