69–006 

110TH CONGRESS REPORT " ! HOUSE OF REPRESENTATIVES 2nd Session 110–514 

MENTALLY ILL OFFENDER TREATMENT AND CRIME 

REDUCTION REAUTHORIZATION AND IMPROVEMENT 

ACT OF 2007 

JANUARY 22, 2008.—Committed to the Committee of the Whole House on the State 

of the Union and ordered to be printed 

Mr. CONYERS, from the Committee on the Judiciary, 

submitted the following 

R E P O R T 

[To accompany H.R. 3992] 

[Including cost estimate of the Congressional Budget Office] 

The Committee on the Judiciary, to whom was referred the bill 

(H.R. 3992) 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, having considered the same, reports favorably thereon without amendment and recommends that 

the bill do pass. 

CONTENTS 

Page 

Purpose and Summary ............................................................................................ 2 

Background and Need for the Legislation ............................................................. 2 

Hearings ................................................................................................................... 4 

Committee Consideration ........................................................................................ 4 

Committee Votes ...................................................................................................... 5 

Committee Oversight Findings ............................................................................... 5 

New Budget Authority and Tax Expenditures ...................................................... 5 

Congressional Budget Office Cost Estimate .......................................................... 5 

Performance Goals and Objectives ......................................................................... 7 

Constitutional Authority Statement ...................................................................... 7 

Advisory on Earmarks ............................................................................................. 7 

Section-by-Section Analysis .................................................................................... 7 

Changes in Existing Law Made by the Bill, as Reported ..................................... 9 


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1 U.S. Department of Justice, Bureau of Justice Statistics, Mental Health Problems of Prison 

and Jail Inmates (Dec. 14, 2006), at http://www.ojp.usdoj.gov/bjs/pub/pdf/mhppji.pdf [hereinafter DOJ survey]. 2The incidence of mental illness in America’s prisons and jails is well above that of the general population; the mental illness incidence in the general population is approximately 11% 

compared to an average of 55% in jails and prisons. Id. at 3. 3 Nearly a quarter of both State prisoners and jail inmates who had a mental health problem, 

compared to a fifth of those without, had served 3 or more prior incarcerations. See generally 

id. 

PURPOSE AND SUMMARY

With the move in American society over the past several decades 

away from institutionalizing mentally ill individuals, many have 

been incarcerated in local jails and prisons for offenses related to 

their illness. Police and other law enforcement officials are generally not trained properly to handle mentally ill offenders, who 

create enormous problems for both arresting officers and holding 

facilities. Jail officials often have to isolate mentally ill offenders, 

which is an expensive and labor-intensive proposition, especially in 

light of the fact that jail cells typically hold several people. A recent 

study revealed that as many as 24% of the approximately 9 million 

local jail inmates are mentally ill. 

H.R. 3992, the ‘‘Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2007,’’ addresses 

this problem by establishing various grant programs to train law 

enforcement officials to better identify and respond to incidents involving persons with mental illness. In addition, H.R. 3992 would 

authorize funding for developing receiving centers to assess individuals in law enforcement custody for mental health and substance 

abuse treatment needs. Such funding would also be used to improve technology to facilitate information sharing among law enforcement and criminal justice personnel, as well as to promote evidence-based practices that provide treatment and services. 

BACKGROUND AND NEED FOR THE LEGISLATION

THE CURRENT PROBLEM: A TREND TOWARD CRIMINALIZATION

The United States is at a critical juncture with regard to the 

treatment of people with mental disorders. Although the societal 

attitude toward the mentally ill has rarely been positive, there is 

an increasing trend toward criminalization and imprisonment of 

people coping with these illnesses. As documented by the United 

States Department of Justice Bureau of Justice Statistics, more 

than half of all prison and jail inmates—including 56 percent of 

State prisoners, 45 percent of Federal prisoners, and 64 percent of 

local jail inmates—were found to have mental health problems.1

Prisons currently hold three times more mentally ill people than do 

psychiatric hospitals, and prisoners have rates of mental illness 

that can be as high as four times greater than rates for the general 

population.2 Moreover, individuals with mental illnesses are more 

likely to be incarcerated for non-violent crimes, to have a greater 

tendency to recidivate, and to serve a longer portion or even the 

maximum amount of their sentence than the general prison population.3

The Justice Department survey highlights several other important trends with regard to individuals with mental illness who are 

incarcerated. The survey found that on average 72% of people with 


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4 Id. at 5. 5 Id. at 4–5. 6State prisons: 73% of females and 55% of males; Federal prisons: 61% of females and 44% 

of males; local jails: 75% of females and 63% of males. Id. at 4. 7 Ill Equipped: U.S. Prisons and Offenders with Mental Illness, Human Rights Watch Report, 

Oct. 22, 2003, sec. III, at http://www.hrw.org/reports/2003. 8 Id. 

9 Bernard E. Harcourt, The Mentally Ill, Behind Bars, N.Y. TIMES, Jan. 15, 2007. 10See DOJ survey, supra note 1, at 9. 

mental health problems who are incarcerated meet substance 

abuse and dependence criteria.4 In addition, when compared to the 

general prison population, individuals with mental health problems 

are twice as likely to have been homeless in the year before their 

arrest and three times as likely to report past physical or sexual 

abuse.5 Finally, women who are incarcerated had a higher incidence of mental illness than men.6

CAUSE OF THE PROBLEM: A FRAGMENTED

MENTAL HEALTH CARE SYSTEM

While many factors contribute to the criminalization trend, one 

of the key factors is State action in the past several decades to dismantle mental health hospitals, which has led to an under-funded 

and fragmented mental health care system.7 The deterioration of 

this system coincides with a 500% increase in the prison population 

over the past thirty years. That is, over the last several decades, 

States have emptied their psychiatric hospitals without moving sufficient resources into community-based programs.8 Meanwhile, 

overall prison populations have soared. As one author stated, 

‘‘[O]ver the past 40 years, the United States dismantled a colossal 

mental health complex and rebuilt—bed by bed—an enormous prison.’’ 9 As a result, individuals with mental illness in the prison system are not receiving appropriate treatment. In fact, the Justice 

Department survey found that only a fraction of imprisoned mentally ill individuals had received any treatment since their admission—34% in State prisons, 24% in Federal prisons, and 17% in 

jails.10

THE MENTALLY ILL OFFENDER TREATMENT AND

CRIME REDUCTION ACT

Passed unanimously by the Congress and signed into law by 

President Bush in 2004, the Mentally Ill Offender Treatment and 

Crime Reduction Act authorized the Justice and Mental Health 

Collaboration Program (JMHCP) grant program. For fiscal years 

2006 and 2007, $5 million (out of a possible $50 million authorized) 

was appropriated for the program. The Bureau of Justice Assistance, a division of the Office of Justice Programs in the Justice Department, administers the program, which is designed to increase 

public safety by facilitating collaboration among the criminal justice, juvenile justice, mental health treatment, and substance abuse 

systems and to improve access to effective treatment for people 

with mental illnesses involved with the justice system. 

Three types of grants are awarded through the JMHCP: (1) planning grants with a maximum award of $50,000 for 12 months; (2) 

planning and implementation grants with a maximum award of 

$250,000 for 30 months; and (3) implementation and expansion 

grants with a maximum award of $200,000 for 24 months. All 


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grants require a joint application from a mental health agency and 

unit of government responsible for criminal or juvenile justice activities. This stipulation underscores the collaborative nature of 

this grant, which is intended to bring the criminal justice and mental health systems together to improve outcomes for people with 

mental illnesses in the justice system. 

MENTAL HEALTH COURTS

Mental health courts are rapidly emerging across the Nation in 

response to the large numbers of people with mental illness in the 

criminal justice system. These courts provide supervised community-based treatment in lieu of standard criminal justice processing. Congress enacted America’s Law Enforcement and Mental 

Health Project in 2000. From 2002 to 2005, Congress appropriated 

$7.4 million for mental health courts: $4 million in 2002, $3 million 

in 2003, and $400,000 in 2005. The Substance Abuse and Mental 

Health Services Administration provided additional support to 

mental health courts through their Targeted Capacity Expansion 

grants. 

Although only four mental health courts existed in 1997, there 

are now more than 175 courts established in 35 States, with plans 

to create many more. These courts can be found in a wide range 

of jurisdictions, from very rural counties to urban areas. Many 

States have begun to encourage the formation of mental health 

courts by developing State grant programs and passing legislation 

that describes how jurisdictions should go about planning a mental 

health court. 

HEARINGS

On March 27, 2007, the Committee’s Subcommittee on Crime, 

Terrorism, and Homeland Security held 1 day of hearings on 

‘‘Criminal Justice Responses to Offenders with Mental Illness,’’

which examined the trend toward criminalization, as opposed to 

treatment, of people with mental disorders, and the need to implement solutions such as funding the programs under the Mentally 

Ill Offender Treatment and Crime Reduction Act. Testimony was 

received from Associate Administrative Judge Steven Leifman, 

County Court Criminal Division of the Eleventh Judicial Circuit located in Miami-Dade County, Florida, and Chair of the MiamiDade County Mayor’s Mental Health Task Force; Phillip Jay Perry, 

Idaho Mental Health Court Participant; Sheriff David G. Gutierrez, 

Lubbock County Sheriff’s Office, Lubbock, Texas; Lieutenant Richard Wall, Los Angeles Police Department, Los Angeles; and Leon 

Evans, Executive Director, Jail Diversion Program in San Antonio, 

Texas. 

COMMITTEE CONSIDERATION

On November 1, 2007, the Subcommittee on Crime, Terrorism, 

and Homeland Security met in open session and ordered the bill, 

H.R. 3992, favorably reported, without amendment, by voice vote, 

a quorum being present. On November 7, 2007, the Committee met 

in open session and ordered the bill, H.R.3992, favorably reported, 

without amendment, by voice vote, a quorum being present. 


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COMMITTEE VOTES

In compliance with clause 3(b) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that there were 

no recorded votes during the Committee’s consideration of H.R. 

3992. 

COMMITTEE OVERSIGHT FINDINGS

In compliance with clause 3(c)(1) of rule XIII of the Rules of the 

House of Representatives, the Committee advises that the findings 

and recommendations of the Committee, based on oversight activities under clause 2(b)(1) of rule X of the Rules of the House of Representatives, are incorporated in the descriptive portions of this report. 

NEW BUDGET AUTHORITY AND TAX EXPENDITURES

Clause 3(c)(2) of rule XIII of the Rules of the House of Representatives is inapplicable because this legislation does not provide new 

budgetary authority or increased tax expenditures. 

CONGRESSIONAL BUDGET OFFICE COST ESTIMATE

In compliance with clause 3(c)(3) of rule XIII of the Rules of the 

House of Representatives, the Committee sets forth, with respect to 

the bill, H.R. 3992, the following estimate and comparison prepared 

by the Director of the Congressional Budget Office under section 

402 of the Congressional Budget Act of 1974: 

U.S. CONGRESS, CONGRESSIONAL BUDGET OFFICE, Washington, DC, November 29, 2007. 

Hon. JOHN CONYERS, Jr., Chairman, 

Committee on the Judiciary, 

House of Representatives, Washington, DC. 

DEAR MR. CHAIRMAN: The Congressional Budget Office has prepared the enclosed cost estimate for H.R. 3992, the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2007. 

If you wish further details on this estimate, we will be pleased 

to provide them. The CBO staff contact is Mark Grabowicz, who 

can be reached at 226–2860. 

Sincerely, 

PETER R. ORSZAG, 

DIRECTOR. 

Enclosure 

cc: Honorable Lamar S. Smith. 

Ranking Member 

H.R. 3992—Mentally Ill Offender Treatment and Crime Reduction 

Reauthorization and Improvement Act of 2007. 

SUMMARY

CBO estimates that H.R. 3992 would authorize the appropriation 

of about $700 million over the 2008–2013 period for Department of 

Justice (DOJ) programs to improve the treatment of mentally ill ofVerDate Aug 31 2005 01:03 Jan 23, 2008 Jkt 069006 PO 00000 Frm 00005 Fmt 6659 Sfmt 6601 E:\HR\OC\HR514.XXX HR514

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fenders throughout the justice system. DOJ would use most of 

those funds to make grants to State, local, and tribal governments 

to assist mentally ill offenders. 

Assuming appropriation of the necessary amounts, CBO estimates that implementing H.R. 3992 would cost about $390 million 

over the 2008–2012 period, with about $310 million spent in later 

years. Enacting the bill would not affect direct spending or receipts. 

H.R. 3992 contains no intergovernmental or private-sector mandates as defined in the Unfunded Mandates Reform Act (UMRA) 

and would impose no costs on State, local, or tribal governments. 

ESTIMATED COST TO THE FEDERAL GOVERNMENT

The estimated budgetary impact of H.R. 3992 is shown in the following table. The cost of this legislation falls within budget function 750 (administration of justice). 

By Fiscal Year, in Millions of Dollars 

2008 2009 2010 2011 2012 

CHANGES IN SPENDING SUBJECT TO APPROPRIATION 

Adult and Juvenile Collaboration Grants 

Estimated Authorization Level 70 70 75 75 75 

Estimated Outlays 15 36 51 63 74 

Other Grant Programs 

Authorization Level 47 45 45 45 45 

Estimated Outlays 12 24 32 39 45 

Total Changes 

Estimated Authorization Level 117 115 120 120 120 

Estimated Outlays 27 60 83 102 119 

BASIS OF ESTIMATE

For this estimate, CBO assumes that the amounts authorized by 

H.R. 3992 will be appropriated for each fiscal year and that outlays 

will follow the historical spending rates for those activities. 

Section 3 would authorize the appropriation of $75 million annually over the 2008–2013 period for adult and juvenile collaboration 

grants (a program for mentally ill offenders) authorized by section 

2991 of the Omnibus Crime Control and Safe Streets Act of 1968. 

Current law authorizes the appropriation of such sums as may be 

necessary for fiscal years 2008 and 2009 for this program. The Congress appropriated $5 million for fiscal year 2007 for those grants, 

so CBO estimates that the current authorization level for 2008 and 

2009 is also $5 million. Thus, we estimate that the bill would authorize an additional $70 million for each of those 2 years for this 

program. 

In addition, the bill would authorize the appropriation of $45 

million a year for five DOJ grant programs to assist States, localities, and Indian tribes in improving the treatment of mentally ill 

offenders throughout the justice system. H.R. 3992 also would authorize the appropriation of $2 million for fiscal year 2008 for DOJ 

to prepare a report on the population of mentally ill offenders and 

certain characteristics of such individuals. 


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INTERGOVERNMENTAL AND PRIVATE-SECTOR IMPACT

H.R. 3992 contains no intergovernmental or private-sector mandates as defined in UMRA and would impose no costs on State, 

local, or tribal governments. Assuming appropriation of the authorized amounts, those governments would receive almost $390 million over the 2008–2012 period for mental health programs. Any 

costs to such governments would result from complying with conditions of Federal assistance. 

ESTIMATE PREPARED BY: 

Federal Costs: Mark Grabowicz (226–2860) 

Impact on State, Local, and Tribal Governments: Melissa Merrell 

(225–3220) 

Impact on the Private Sector: Paige Piper/Bach (226–2940) 

ESTIMATE APPROVED BY: 

Peter H. Fontaine 

Assistant Director for Budget Analysis 

PERFORMANCE GOALS AND OBJECTIVES

The Committee states that pursuant to clause 3(c)(4) of rule XIII 

of the Rules of the House of Representatives, H.R.3992 amends the 

Omnibus Crime Control and Safe Streets Act of 1968 to provide 

grants that will improve mental health treatment and services provided to offenders with mental illnesses. 

CONSTITUTIONAL AUTHORITY STATEMENT

Pursuant to clause 3(d)(1) of rule XIII of the Rules of the House 

of Representatives, the Committee finds the authority for this legislation in article I, section 8 of the U.S. Constitution, and the due 

process clause of amendments V and XIV of the U.S. Constitution. 

ADVISORY ON EARMARKS

In accordance with clause 9 of rule XXI of the Rules of the House 

of Representatives, H.R. 3992 does not contain any congressional 

earmarks, limited tax benefits, or limited tariff benefits as defined 

in clause 9(d), 9(e), or 9(f) of rule XXI. 

SECTION-BY-SECTION ANALYSIS

Sec. 1. Short Title and Table of Contents. Section 1 sets forth the 

short title of the bill as the ‘‘Mentally Ill Offender Treatment and 

Crime Reduction Reauthorization and Improvement Act of 2007,’’

and includes a table of contents. 

Sec. 2. Findings. Section 2 sets out various findings relating to 

mentally ill offenders in the criminal justice system. 

Sec. 3. Reauthorization of the Adult and Juvenile Collaboration 

Program Grants. Section 3 reauthorizes the Mentally Ill Offender 

Treatment and Crime Reduction grant program at an increased authorization of $75 million (up from $50 million in existing law) for 

fiscal years 2008 to 2013. 

Sec. 4. Law Enforcement Response to Mentally Ill Offenders Improvement Grants. Section 4 creates a new grant program for 


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States, units of local government, Indian Tribes, and organizations 

to develop: (1) law enforcement training programs to identify and 

respond to incidents involving persons with mental illness; (2) receiving centers to assess individuals in law enforcement custody for 

mental health and substance abuse needs; (3) improved technology 

for timely information to law enforcement personnel and criminal 

justice personnel; (4) cooperative programs by criminal and juvenile 

justice agencies and mental health agencies to implement effective 

interventions relating to mentally ill offenders; and (5) train campus security personnel to identify and respond to incidents involving mentally ill individuals. The new program is authorized at $10 

million for fiscal years 2008 to 2013. 

Sec. 5. Effective Treatment of Female Offenders with Mental Illnesses. Section 5 creates a new grant program for States, units of 

local government, Indian Tribes, and organizations with respect to 

female offenders with a mental illness, for the purpose of providing: 

(1) mental health treatment; (2) intensive case management services; (3) family support services; and (4) related mental health services. The new program is authorized at $5 million for fiscal years 

2008 to 2013. 

Sec. 6. Grants to Expand Capabilities and Effectiveness of Correctional Agency Identification and Treatment Plans for Mentally Ill 

Offenders. Section 6 creates a new grant program for States, units 

of local government, Indian Tribes, and organizations to provide: 

(1) improved capacity for correctional facilities to identify mentally 

ill offenders and develop and coordinate treatment plans for them; 

(2) standardized screening and assessment practices; (3) local task 

forces to identify essential community services for reentry of prisoners with a mental illness; (4) planning for the transition of mentally ill offenders released from correctional facilities; (5) mental 

health programs at correctional facilities and alternative programs 

to incarceration for individuals with mental illnesses; (7) development of community crisis services; (8) forensic community treatment plans; (9) integrated mental health and substance abuse 

treatment; (10) staff at correctional facilities to assist inmates in 

the reentry process with mental health needs; (11) assistance to 

local agencies and entities for transition planning; (12) assistance 

to inmates in securing documents needed for the transition process; 

and (13) links with local community health care providers. Section 

6 directs the Attorney General to allocate grants based on the percent of offenders to whom the entity provided mental health treatment. The new program is authorized at $10 million for fiscal years 

2008 to 2013. 

Sec. 7. Statewide Planning Grants to Improve Treatment of Mentally Ill Offenders. Section 7 creates a new grant program for 

States, units of local government, Indian Tribes and organizations 

to: (1) facilitate the coordination of treatment and services; (2) provide for a State to administer and coordinate treatment and services; (3) develop a comprehensive plan to provide such treatment 

and services; and (4) establish a coordinating center to facilitate 

the sharing of information and promote evidence-based practices to 

provide treatment and services. The new program is authorized at 

$10 million for fiscal years 2008 to 2013. 

Sec. 8. Improving the Mental Health Courts Grant Program. Section 8 reauthorizes the mental health courts grant program for fisVerDate Aug 31 2005 01:03 Jan 23, 2008 Jkt 069006 PO 00000 Frm 00008 Fmt 6659 Sfmt 6601 E:\HR\OC\HR514.XXX HR514

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cal years 2008 to 2013 and expands the permissible uses of funds 

to include pre-trial services and assessments and alternatives to incarceration. 

Sec. 9. Study and Report on Prevalence of Mentally Ill Offenders. 

Section 9 directs the Attorney General to study and report to Congress within 18 months of enactment on the rate of occurrence of 

serious mental illnesses of individuals on probation, in jail, in prison, or on parole. For each population, the Attorney General is required to determine the percentage of individuals who were homeless. The Attorney General is authorized $2 million in fiscal year 

2008 to prepare this report. 

CHANGES IN EXISTING LAW MADE BY THE BILL, AS REPORTED

In compliance with clause 3(e) of rule XIII of the Rules of the 

House of Representatives, changes in existing law made by the bill, 

as reported, are shown as follows (existing law proposed to be omitted is enclosed in black brackets, new matter is printed in italics, 

existing law in which no change is proposed is shown in roman): 

OMNIBUS CRIME CONTROL AND SAFE STREETS ACT 

OF 1968 

* * * * * * * 

TITLE I—JUSTICE SYSTEM IMPROVEMENT 

* * * * * * * 

PART J—FUNDING

AUTHORIZATION OF APPROPRIATIONS

SEC. 1001. (a)(1) * * * 

* * * * * * * 

(20) There are authorized to be appropriated to carry out part 

V, $10,000,000 for each of øfiscal years 2001 through 2004¿ fiscal 

years 2008 through 2013. 

* * * * * * * 

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; øand¿ 

(2) the coordinated delivery of services, which includes—


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(A) * * * 

* * * * * * * 

(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 periodø.¿; and 

(3) pretrial services and related treatment programs for offenders with mental illnesses; and 

(4) developing, implementing, or expanding programs that 

are alternatives to incarceration for offenders with mental illnesses. 

* * * * * * * 

PART HH—øADULT AND JUVENILE COLLABORATION PROGRAM GRANTS¿ GRANTS TO IMPROVE TREATMENT OF OFFENDERS WITH 

MENTAL ILLNESSES 

SEC. 2991. ADULT AND JUVENILE COLLABORATION PROGRAMS. 

(a) * * * 

* * * * * * * 

ø(c) PRIORITY.—The Attorney General, in awarding funds 

under this section, shall give priority to applications that— ø(1) demonstrate the strongest commitment to ensuring 

that such funds are used to promote both public health and 

public safety; 

ø(2) demonstrate the active participation of each co-applicant in the administration of the collaboration program; 

ø(3) 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 re-entry services for such individuals; and 

ø(4) have the support of both the Attorney General and the 

Secretary.¿ 

(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; or 

(3)(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 

re-entry services for such individuals; and 


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(D) have the support of both the Attorney General and the 

Secretary. 

* * * * * * * 

ø(g) MINIMUM ALLOCATION.—Unless all eligible applications 

submitted by any State or unit of local government within such 

State for a planning or implementation grant under this section 

have been funded, such State, together with grantees within the 

State (other than Indian tribes), shall be allocated in each fiscal 

year under this section not less than 0.75 percent of the total 

amount appropriated in the fiscal year for planning or implementation grants pursuant to this section.¿ 

ø(h)¿ (g) AUTHORIZATION OF APPROPRIATIONS.—øThere are authorized¿ (1) IN GENERAL—There are authorized to be appropriated 

to the Department of Justice to carry out this section— ø(1)¿ (A) $50,000,000 for fiscal year 2005; øand¿ 

ø(2)¿ (B) such sums as may be necessary øfor fiscal years 

2006 through 2009.¿ for each of the fiscal years 2006 and 2007; 

and 

(C) $75,000,000 for each of the fiscal years 2008 through 

2013. 

(2) ALLOCATION OF FUNDING FOR ADMINISTRATIVE PURPOSES.— For fiscal year 2008 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. 

* * * * * * * 

SEC. 2992. LAW ENFORCEMENT RESPONSE TO MENTALLY ILL OFFENDERS IMPROVEMENT GRANTS. 

(a) AUTHORIZATION.—The Attorney General is authorized to 

make grants to States, units of local government, Indian tribes, and 

tribal organizations for the following purposes: 

(1) 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. 

(2) RECEIVING CENTERS.—To provide for the development of 

specialized receiving centers to assess individuals in the custody 

of law enforcement personnel for mental health and substance 

abuse treatment needs. 

(3) 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. 

(4) 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 interventions with respect to mentally ill offenders. 

(5) CAMPUS SECURITY PERSONNEL TRAINING.—To provide 

for programs that offer campus security personnel training in 

procedures to identify and respond appropriately to incidents in 


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which the unique needs of individuals with mental illnesses are 

involved. 

(b) BJA TRAINING MODELS.—For purposes of subsection (a)(1), 

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. 

(c) MATCHING FUNDS.—The Federal share of funds for a program funded by a grant received under this section may not exceed 

75 percent of the costs of the program unless the Attorney General 

waives, wholly or in part, such funding limitation. 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. 

(d) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Department of Justice to carry out this section $10,000,000 for each of the fiscal years 2008 through 2013. 

SEC. 2993. GRANTS FOR THE EFFECTIVE TREATMENT OF FEMALE OFFENDERS WITH MENTAL ILLNESSES. 

(a) AUTHORIZATION.—The Attorney General is authorized to 

make grants to States, units of local government, Indian tribes, and 

tribal organizations to provide any of the following services, with respect to a female offender with a mental illness: 

(1) Mental health treatment. 

(2) Intensive case management services that are coordinated and designed to provide the range of services needed to 

address treatment or assistance needs of the offender, with respect to any criminal behavior, substance abuse, psychological 

abuse, physical abuse, housing, employment, and medical 

needs. 

(3) In the case that the offender has a child, family support 

services needed to ensure the maintenance of a relationship between the offender and such child. 

(4) Related mental health services for any children of the 

offender, as needed. 

(b) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Department of Justice to carry out this section $5,000,000 for each of the fiscal years 2008 through 2013. 

SEC. 2994. GRANTS TO EXPAND CAPABILITIES AND EFFECTIVENESS OF 

CORRECTIONAL FACILITY IDENTIFICATION AND TREATMENT PLANS FOR MENTALLY ILL OFFENDERS. 

(a) AUTHORIZATION.—The Attorney General is authorized to 

make grants to States, units of local government, Indian tribes, and 

tribal organizations in accordance with this section for any of the 

following purposes: 

(1) To provide correctional facilities within the respective 

jurisdiction with the capacity (or improved capacity), with respect to inmates of such facilities who have mental illnesses, 

to—

(A) assess the clinical and social needs of such inmates 

and the extent to which such inmates pose any public safety 

risks to the community; 

(B) plan for and provide treatment and services to address such inmates unique needs; 


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(C) identify and coordinate with community and correctional programs responsible for post-release services; and 

(D) coordinate the transition plans for such inmates to 

ensure the implementation of such plan and to avoid gaps 

in care with community-based services. 

(2) To provide for the standardization of screening and assessment practices to identify inmates with mental illnesses. 

(3) To provide for local task forces to identify essential community services for inmates with mental illnesses upon the reentry of such inmates into the community. 

(4) To coordinate planning for the transition of inmates 

with mental illnesses who are released from correctional facilities and renter the community. 

(5) To provide for housing options for individuals with 

mental illnesses who reenter the community that provide support for the unique needs of such individuals. 

(6) To continue and improve—

(A) mental health programs provided at correctional 

facilities within the respective jurisdiction; or 

(B) alternative programs to incarceration for individuals with mental illnesses. 

(7) To support the development of community crisis services 

that are for individuals who are at risk of arrest or incarceration and which are designed to prevent or mitigate a crisis by 

assessing the individual and crisis involved, providing supportive counseling to the individual, and referring the individual to appropriate community services to stabilize the individual’s condition and prevent arrest or incarceration, respectively. 

(8) To support forensic assertive community treatment 

teams for individuals with serious mental illnesses (as defined 

for purposes of title V of the Public Health Service Act) who reenter prison. 

(9) To provide for integrated mental health treatment and 

substance abuse treatment. 

(10)(A) To designate staff to assist inmates of correctional 

facilities within the respective jurisdiction, in—

(i) identifying benefits for which they may be eligible; 

and 

(ii) collecting necessary supporting materials (including 

medical records) and making applications for income support, health care, food stamps, veterans’ benefits, TANF, or 

other benefit programs. 

(B) To contract with local community mental health entities 

to perform the activities described in clauses (i) and (ii) of subparagraph (A). 

(11) To work with the necessary agencies and entities for 

transition planning for such inmates reentering the community, 

including any needed applications and paperwork. 

(12) To assist such inmates to obtain, or if necessary create 

and prepare, photo identification documents for use upon release. 

(13) To create links with local community mental health 

providers for case management services for inmates prior to 


smartinez on PRODPC61 with REPORTS
14 

their release from a correctional facility in order to link them 

with housing, employment, and other key services and benefits. 

(b) REQUIREMENTS FOR APPLICATION.—To be eligible to receive 

a grant under subsection (a) for a given fiscal year, an entity described in such subsection shall submit to the Attorney General an 

application in such form and manner and at such time as specified 

by the Attorney General. In addition to any other information specified by the Attorney General, such application shall contain the following information: 

(1) The number and percentage of offenders in prisons, 

jails, and juvenile facilities during the previous year—

(A) who were in the custody of the jurisdiction involved; 

(B) who required mental health treatment; and 

(C) for whom the prison, jail, or juvenile facility involved provided such treatment. 

(2) A good faith estimate of the number and percentage of 

offenders in prisons, jails, and juvenile facilities who are predicted to meet the criteria described in each of subparagraphs 

(A), (B), and (C) of paragraph (1) during such year if the entity 

receives such grant for such year. 

(c) ALLOCATION OF GRANT AMOUNTS BASED ON MENTAL

HEALTH TREATMENT PERCENT DEMONSTRATED.—In allocating 

grant amounts under this section, the Attorney General shall base 

the amount allocated to an entity for a fiscal year on the percent of 

offenders described in subsection (b) to whom the entity provided 

mental health treatment in the previous fiscal year, as demonstrated 

by the entity in its application under such subsection. 

(d) TECHNICAL ASSISTANCE.—The Attorney General may provide technical assistance to any entity awarded a grant under this 

section to establish or expand mental health treatment services 

under this section if such entity does not have any (or has only a 

few) prisons, jails, or juvenile facilities that offer such services. 

(e) REPORTS.—An entity that receives a grant under subsection 

(a) during a fiscal year shall, not later than the last day of the following fiscal year, submit to the Attorney General a report that describes and assesses the uses of such grant. 

(f) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated to the Department of Justice to carry out this section $10,000,000 for each of the fiscal years 2008 through 2013. 

SEC. 2995. PLANNING GRANTS TO IMPROVE TREATMENT OF MENTALLY 

ILL OFFENDERS. 

(a) AUTHORIZATION.—The Attorney General is authorized to 

carry out a grant program under which the Attorney General makes 

grants to States, units of local government, territories, and Indian 

tribes for the following purposes, with respect to the treatment of offenders with mental illnesses: 

(1) To facilitate the coordination of treatment and services 

provided for such offenders by the State and other units of government located within the State (including local, territorial 

and tribal). 

(2) To provide for a State (or other appropriate jurisdictional) administer to coordinate such treatment and services 

provided within the State (or other jurisdiction). 


smartinez on PRODPC61 with REPORTS
15 

(3) To develop a comprehensive plan for the provision of 

such treatment and services to such offenders within such State. 

(4) To establish a coordinating center, with respect to a 

State, to—

(A) facilitate the sharing of information related to such 

treatment and services for such offenders among the jurisdictions located in such State; and 

(B) promote evidence-based practices for purposes of 

providing such treatment and services. 

(b) APPLICATION.—To be eligible to receive a grant under this 

section, an entity described in subsection (a) shall submit to the Attorney General an application, in such form and manner and at 

such time as specified by the Attorney General that includes a proposal that describes how the grant will be used to fund mental 

health treatment and services for jail and prison populations that 

are identified as savings populations for such entity and that any 

savings accruing to the State or other applicable jurisdiction from 

providing such population with such treatment and services would 

be used to increase the availability and accessibility of communitybased mental health services. For purposes of the previous sentence, 

the term ‘‘savings population’’ means a population that, if in receipt 

of such treatment and services, would potentially generate savings 

to the State or other applicable jurisdiction. 

(c) AUTHORIZATION OF APPROPRIATIONS.—There are authorized 

to be appropriated $10,000,000 to carry out this section for each of 

the fiscal years 2008 through 2012. 

* * * * * * * 

Æ 


smartinez on PRODPC61 with REPORTS