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[108th Congress Public Law 414]
[From the U.S. Government Printing Office]

[DOCID: f:publ414.108]

[[Page 118 STAT. 2327]]

Public Law 108-414
108th Congress

                                 An Act

 
  To foster local collaborations which will ensure that resources are 
   effectively and efficiently used within the criminal and juvenile 
         justice systems. <<NOTE: Oct. 30, 2004 -  [S. 1194]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in <<NOTE: Mentally Ill Offender Treatment and 
Crime Reduction Act of 2004.>> Congress assembled,

SECTION 1. <<NOTE: 42 USC 3711 note.>> SHORT TITLE.

    This Act may be cited as the ``Mentally Ill Offender Treatment and 
Crime Reduction Act of 2004''.

SEC. 2. <<NOTE: 42 USC 3797aa note.>> FINDINGS.

    Congress finds the following:
            (1) According to the Bureau of Justice Statistics, over 16 
        percent of adults incarcerated in United States jails and 
        prisons have a mental illness.
            (2) According to the Office of Juvenile Justice and 
        Delinquency Prevention, approximately 20 percent of youth in the 
        juvenile justice system have serious mental health problems, and 
        a significant number have co-occurring mental health and 
        substance abuse disorders.
            (3) According to the National Alliance for the Mentally Ill, 
        up to 40 percent of adults who suffer from a serious mental 
        illness will come into contact with the American criminal 
        justice system at some point in their lives.
            (4) According to the Office of Juvenile Justice and 
        Delinquency Prevention, over 150,000 juveniles who come into 
        contact with the juvenile justice system each year meet the 
        diagnostic criteria for at least 1 mental or emotional disorder.
            (5) A significant proportion of adults with a serious mental 
        illness who are involved with the criminal justice system are 
        homeless or at imminent risk of homelessness, and many of these 
        individuals are arrested and jailed for minor, nonviolent 
        offenses.
            (6) The majority of individuals with a mental illness or 
        emotional disorder who are involved in the criminal or juvenile 
        justice systems are responsive to medical and psychological 
        interventions that integrate treatment, rehabilitation, and 
        support services.
            (7) Collaborative programs between mental health, substance 
        abuse, and criminal or juvenile justice systems that ensure the 
        provision of services for those with mental illness or co-
        occurring mental illness and substance abuse disorders can 
        reduce the number of such individuals in adult and juvenile 
        corrections facilities, while providing improved public safety.

[[Page 118 STAT. 2328]]

SEC. 3. <<NOTE: 42 USC 3797aa note.>> PURPOSE.

    The purpose of this Act is to increase public safety by facilitating 
collaboration among the criminal justice, juvenile justice, mental 
health treatment, and substance abuse systems. Such collaboration is 
needed to--
            (1) protect public safety by intervening with adult and 
        juvenile offenders with mental illness or co-occurring mental 
        illness and substance abuse disorders;
            (2) provide courts, including existing and new mental health 
        courts, with appropriate mental health and substance abuse 
        treatment options;
            (3) maximize the use of alternatives to prosecution through 
        graduated sanctions in appropriate cases involving nonviolent 
        offenders with mental illness;
            (4) promote adequate training for criminal justice system 
        personnel about mental illness and substance abuse disorders and 
        the appropriate responses to people with such illnesses;
            (5) promote adequate training for mental health and 
        substance abuse treatment personnel about criminal offenders 
        with mental illness or co-occurring substance abuse disorders 
        and the appropriate response to such offenders in the criminal 
        justice system;
            (6) promote communication among adult or juvenile justice 
        personnel, mental health and co-occurring mental illness and 
        substance abuse disorders treatment personnel, nonviolent 
        offenders with mental illness or co-occurring mental illness and 
        substance abuse disorders, and support services such as housing, 
        job placement, community, faith-based, and crime victims 
        organizations; and
            (7) promote communication, collaboration, and 
        intergovernmental partnerships among municipal, county, and 
        State elected officials with respect to mentally ill offenders.
SEC. 4. DEPARTMENT OF JUSTICE MENTAL HEALTH AND CRIMINAL JUSTICE 
                    COLLABORATION PROGRAM.

    (a) In General.--Title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3711 et seq.) is amended by adding at the 
end the following:

       ``PART HH--ADULT AND JUVENILE COLLABORATION PROGRAM GRANTS

``SEC. 2991. <<NOTE: 42 USC 3797aa.>> ADULT AND JUVENILE COLLABORATION 
            PROGRAMS.

    ``(a) Definitions.--In this section, the following definitions shall 
apply:
            ``(1) Applicant.--The term `applicant' means States, units 
        of local government, Indian tribes, and tribal organizations 
        that apply for a grant under this section.
            ``(2) Collaboration program.--The term `collaboration 
        program' means a program to promote public safety by ensuring 
        access to adequate mental health and other treatment services 
        for mentally ill adults or juveniles that is overseen 
        cooperatively by--
                    ``(A) a criminal or juvenile justice agency or a 
                mental health court; and
                    ``(B) a mental health agency.

[[Page 118 STAT. 2329]]

            ``(3) Criminal or juvenile justice agency.--The term 
        `criminal or juvenile justice agency' means an agency of a State 
        or local government or its contracted agency that is responsible 
        for detection, arrest, enforcement, prosecution, defense, 
        adjudication, incarceration, probation, or parole relating to 
        the violation of the criminal laws of that State or local 
        government.
            ``(4) Diversion and alternative prosecution and 
        sentencing.--
                    ``(A) In general.--The terms `diversion' and 
                `alternative prosecution and sentencing' mean the 
                appropriate use of effective mental health treatment 
                alternatives to juvenile justice or criminal justice 
                system institutional placements for preliminarily 
                qualified offenders.
                    ``(B) Appropriate use.--In this paragraph, the term 
                `appropriate use' includes the discretion of the judge 
                or supervising authority, the leveraging of graduated 
                sanctions to encourage compliance with treatment, and 
                law enforcement diversion, including crisis intervention 
                teams.
                    ``(C) Graduated sanctions.--In this paragraph, the 
                term `graduated sanctions' means an accountability-based 
                graduated series of sanctions (including incentives, 
                treatments, and services) applicable to mentally ill 
                offenders within both the juvenile and adult justice 
                system to hold individuals accountable for their actions 
                and to protect communities by providing appropriate 
                sanctions for inducing law-abiding behavior and 
                preventing subsequent involvement in the criminal 
                justice system.
            ``(5) Mental health agency.--The term `mental health agency' 
        means an agency of a State or local government or its contracted 
        agency that is responsible for mental health services or co-
        occurring mental health and substance abuse services.
            ``(6) Mental health court.--The term `mental health court' 
        means a judicial program that meets the requirements of part V 
        of this title.
            ``(7) Mental illness.--The term `mental illness' means a 
        diagnosable mental, behavioral, or emotional disorder--
                    ``(A) of sufficient duration to meet diagnostic 
                criteria within the most recent edition of the 
                Diagnostic and Statistical Manual of Mental Disorders 
                published by the American Psychiatric Association; and
                    ``(B)(i) that, in the case of an adult, has resulted 
                in functional impairment that substantially interferes 
                with or limits 1 or more major life activities; or
                    ``(ii) that, in the case of a juvenile, has resulted 
                in functional impairment that substantially interferes 
                with or limits the juvenile's role or functioning in 
                family, school, or community activities.
            ``(8) Nonviolent offense.--The term `nonviolent offense' 
        means an offense that does not have as an element the use, 
        attempted use, or threatened use of physical force against the 
        person or property of another or is not a felony that by its 
        nature involves a substantial risk that physical force against 
        the person or property of another may be used in the course of 
        committing the offense.

[[Page 118 STAT. 2330]]

            ``(9) Preliminarily qualified offender.--The term 
        `preliminarily qualified offender' means an adult or juvenile 
        accused of a nonviolent offense who--
                    ``(A)(i) previously or currently has been diagnosed 
                by a qualified mental health professional as having a 
                mental illness or co-occurring mental illness and 
                substance abuse disorders; or
                    ``(ii) manifests obvious signs of mental illness or 
                co-occurring mental illness and substance abuse 
                disorders during arrest or confinement or before any 
                court; and
                    ``(B) has faced, is facing, or could face criminal 
                charges for a misdemeanor or nonviolent offense and is 
                deemed eligible by a diversion process, designated 
                pretrial screening process, or by a magistrate or judge, 
                on the ground that the commission of the offense is the 
                product of the person's mental illness.
            ``(10) Secretary.--The term `Secretary' means the Secretary 
        of Health and Human Services.
            ``(11) Unit of local government.--The term `unit of local 
        government' means any city, county, township, town, borough, 
        parish, village, or other general purpose political subdivision 
        of a State, including a State court, local court, or a 
        governmental agency located within a city, county, township, 
        town, borough, parish, or village.

    ``(b) Planning and Implementation Grants.--
            ``(1) In general.--The Attorney General, in consultation 
        with the Secretary, may award nonrenewable grants to eligible 
        applicants to prepare a comprehensive plan for and implement an 
        adult or juvenile collaboration program, which targets 
        preliminarily qualified offenders in order to promote public 
        safety and public health.
            ``(2) Purposes.--Grants awarded under this section shall be 
        used to create or expand--
                    ``(A) mental health courts or other court-based 
                programs for preliminarily qualified offenders;
                    ``(B) programs that offer specialized training to 
                the officers and employees of a criminal or juvenile 
                justice agency and mental health personnel serving those 
                with co-occurring mental illness and substance abuse 
                problems in procedures for identifying the symptoms of 
                preliminarily qualified offenders in order to respond 
                appropriately to individuals with such illnesses;
                    ``(C) programs that support cooperative efforts by 
                criminal and juvenile justice agencies and mental health 
                agencies to promote public safety by offering mental 
                health treatment services and, where appropriate, 
                substance abuse treatment services for--
                          ``(i) preliminarily qualified offenders with 
                      mental illness or co-occurring mental illness and 
                      substance abuse disorders; or
                          ``(ii) adult offenders with mental illness 
                      during periods of incarceration, while under the 
                      supervision of a criminal justice agency, or 
                      following release from correctional facilities; 
                      and
                    ``(D) programs that support intergovernmental 
                cooperation between State and local governments with 
                respect to the mentally ill offender.

[[Page 118 STAT. 2331]]

            ``(3) Applications.--
                    ``(A) In general.--To receive a planning grant or an 
                implementation grant, the joint applicants shall prepare 
                and submit a single application to the Attorney General 
                at such time, in such manner, and containing such 
                information as the Attorney General and the Secretary 
                shall reasonably require. An application under part V of 
                this title may be made in conjunction with an 
                application under this section.
                    ``(B) Combined <<NOTE: Procedures.>> planning and 
                implementation grant application.--The Attorney General 
                and the Secretary shall develop a procedure under which 
                applicants may apply at the same time and in a single 
                application for a planning grant and an implementation 
                grant, with receipt of the implementation grant 
                conditioned on successful completion of the activities 
                funded by the planning grant.
            ``(4) Planning grants.--
                    ``(A) Application.--The joint applicants may apply 
                to the Attorney General for a nonrenewable planning 
                grant to develop a collaboration program.
                    ``(B) Contents.--The Attorney General and the 
                Secretary may not approve a planning grant unless the 
                application for the grant includes or provides, at a 
                minimum, for a budget and a budget justification, a 
                description of the outcome measures that will be used to 
                measure the effectiveness of the program in promoting 
                public safety and public health, the activities proposed 
                (including the provision of substance abuse treatment 
                services, where appropriate) and a schedule for 
                completion of such activities, and the personnel 
                necessary to complete such activities.
                    ``(C) Period of grant.--A planning grant shall be 
                effective for a period of 1 year, beginning on the first 
                day of the month in which the planning grant is made. 
                Applicants may not receive more than 1 such planning 
                grant.
                    ``(D) Amount.--The amount of a planning grant may 
                not exceed $75,000, except that the Attorney General 
                may, for good cause, approve a grant in a higher amount.
                    ``(E) Collaboration set aside.--Up to 5 percent of 
                all planning funds shall be used to foster collaboration 
                between State and local governments in furtherance of 
                the purposes set forth in the Mentally Ill Offender 
                Treatment and Crime Reduction Act of 2004.
            ``(5) Implementation grants.--
                    ``(A) Application.--Joint applicants that have 
                prepared a planning grant application may apply to the 
                Attorney General for approval of a nonrenewable 
                implementation grant to develop a collaboration program.
                    ``(B) Collaboration.--To receive an implementation 
                grant, the joint applicants shall--
                          ``(i) document that at least 1 criminal or 
                      juvenile justice agency (which can include a 
                      mental health court) and 1 mental health agency 
                      will participate in the administration of the 
                      collaboration program;
                          ``(ii) describe the responsibilities of each 
                      participating agency, including how each agency 
                      will use

[[Page 118 STAT. 2332]]

                      grant resources to provide supervision of 
                      offenders and jointly ensure that the provision of 
                      mental health treatment services and substance 
                      abuse services for individuals with co-occurring 
                      mental health and substance abuse disorders are 
                      coordinated, which may range from consultation or 
                      collaboration to integration in a single setting 
                      or treatment model;
                          ``(iii) in the case of an application from a 
                      unit of local government, document that a State 
                      mental health authority has provided comment and 
                      review; and
                          ``(iv) involve, to the extent practicable, in 
                      developing the grant application--
                                    ``(I) preliminarily qualified 
                                offenders;
                                    ``(II) the families and advocates of 
                                such individuals under subclause (I); 
                                and
                                    ``(III) advocates for victims of 
                                crime.
                    ``(C) Content.--To be eligible for an implementation 
                grant, joint applicants shall comply with the following:
                          ``(i) Definition of target population.--
                      Applicants for an implementation grant shall--
                                    ``(I) describe the population with 
                                mental illness or co-occurring mental 
                                illness and substance abuse disorders 
                                that is targeted for the collaboration 
                                program; and
                                    ``(II) develop guidelines that can 
                                be used by personnel of an adult or 
                                juvenile justice agency to identify 
                                preliminarily qualified offenders.
                          ``(ii) Services.--Applicants for an 
                      implementation grant shall--
                                    ``(I) ensure that preliminarily 
                                qualified offenders who are to receive 
                                treatment services under the 
                                collaboration program will first receive 
                                individualized, validated, needs-based 
                                assessments to determine, plan, and 
                                coordinate the most appropriate services 
                                for such individuals;
                                    ``(II) specify plans for making 
                                mental health, or mental health and 
                                substance abuse, treatment services 
                                available and accessible to 
                                preliminarily qualified offenders at the 
                                time of their release from the criminal 
                                justice system, including outside of 
                                normal business hours;
                                    ``(III) ensure that there are 
                                substance abuse personnel available to 
                                respond appropriately to the treatment 
                                needs of preliminarily qualified 
                                offenders;
                                    ``(IV) determine eligibility for 
                                Federal benefits;
                                    ``(V) ensure that preliminarily 
                                qualified offenders served by the 
                                collaboration program will have adequate 
                                supervision and access to effective and 
                                appropriate community-based mental 
                                health services, including, in the case 
                                of individuals with co-occurring mental 
                                health and substance abuse disorders, 
                                coordinated services, which may range 
                                from consultation or collaboration to 
                                integration in a single setting 
                                treatment model;

[[Page 118 STAT. 2333]]

                                    ``(VI) make available, to the extent 
                                practicable, other support services that 
                                will ensure the preliminarily qualified 
                                offender's successful reintegration into 
                                the community (such as housing, 
                                education, job placement, mentoring, and 
                                health care and benefits, as well as the 
                                services of faith-based and community 
                                organizations for mentally ill 
                                individuals served by the collaboration 
                                program); and
                                    ``(VII) include strategies, to the 
                                extent practicable, to address 
                                developmental and learning disabilities 
                                and problems arising from a documented 
                                history of physical or sexual abuse.
                    ``(D) Housing and job placement.--Recipients of an 
                implementation grant may use grant funds to assist 
                mentally ill offenders compliant with the program in 
                seeking housing or employment assistance.
                    ``(E) Policies and procedures.--Applicants for an 
                implementation grant shall strive to ensure prompt 
                access to defense counsel by criminal defendants with 
                mental illness who are facing charges that would trigger 
                a constitutional right to counsel.
                    ``(F) Financial.--Applicants for an implementation 
                grant shall--
                          ``(i) explain the applicant's inability to 
                      fund the collaboration program adequately without 
                      Federal assistance;
                          ``(ii) specify how the Federal support 
                      provided will be used to supplement, and not 
                      supplant, State, local, Indian tribe, or tribal 
                      organization sources of funding that would 
                      otherwise be available, including billing third-
                      party resources for services already covered under 
                      programs (such as Medicaid, Medicare, and the 
                      State Children's Insurance Program); and
                          ``(iii) outline plans for obtaining necessary 
                      support and continuing the proposed collaboration 
                      program following the conclusion of Federal 
                      support.
                    ``(G) Outcomes.--Applicants for an implementation 
                grant shall--
                          ``(i) identify methodology and outcome 
                      measures, as required by the Attorney General and 
                      the Secretary, to be used in evaluating the 
                      effectiveness of the collaboration program;
                          ``(ii) ensure mechanisms are in place to 
                      capture data, consistent with the methodology and 
                      outcome measures under clause (i); and
                          ``(iii) submit specific agreements from 
                      affected agencies to provide the data needed by 
                      the Attorney General and the Secretary to 
                      accomplish the evaluation under clause (i).
                    ``(H) State plans.--Applicants for an implementation 
                grant shall describe how the adult or juvenile 
                collaboration program relates to existing State criminal 
                or juvenile justice and mental health plans and 
                programs.
                    ``(I) Use of funds.--Applicants that receive an 
                implementation grant may use funds for 1 or more of the 
                following purposes:

[[Page 118 STAT. 2334]]

                          ``(i) Mental health courts and diversion/
                      alternative prosecution and sentencing programs.--
                      Funds may be used to create or expand existing 
                      mental health courts that meet program 
                      requirements established by the Attorney General 
                      under part V of this title, other court-based 
                      programs, or diversion and alternative prosecution 
                      and sentencing programs (including crisis 
                      intervention teams and treatment accountability 
                      services for communities) that meet requirements 
                      established by the Attorney General and the 
                      Secretary.
                          ``(ii) Training.--Funds may be used to create 
                      or expand programs, such as crisis intervention 
                      training, which offer specialized training to--
                                    ``(I) criminal justice system 
                                personnel to identify and respond 
                                appropriately to the unique needs of 
                                preliminarily qualified offenders; or
                                    ``(II) mental health system 
                                personnel to respond appropriately to 
                                the treatment needs of preliminarily 
                                qualified offenders.
                          ``(iii) Service delivery.--Funds may be used 
                      to create or expand programs that promote public 
                      safety by providing the services described in 
                      subparagraph (C)(ii) to preliminarily qualified 
                      offenders.
                          ``(iv) In-jail and transitional services.--
                      Funds may be used to promote and provide mental 
                      health treatment and transitional services for 
                      those incarcerated or for transitional re-entry 
                      programs for those released from any penal or 
                      correctional institution.
                    ``(J) Geographic distribution of grants.--The 
                Attorney General, in consultation with the Secretary, 
                shall ensure that planning and implementation grants are 
                equitably distributed among the geographical regions of 
                the United States and between urban and rural 
                populations.

    ``(c) Priority.--The Attorney General, in awarding funds under this 
section, shall give priority to applications that--
            ``(1) demonstrate the strongest commitment to ensuring that 
        such funds are used to promote both public health and public 
        safety;
            ``(2) demonstrate the active participation of each co-
        applicant in the administration of the collaboration program;
            ``(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
            ``(4) have the support of both the Attorney General and the 
        Secretary.

    ``(d) Matching Requirements.--
            ``(1) Federal share.--The Federal share of the cost of a 
        collaboration program carried out by a State, unit of local 
        government, Indian tribe, or tribal organization under this 
        section shall not exceed--
                    ``(A) 80 percent of the total cost of the program 
                during the first 2 years of the grant;
                    ``(B) 60 percent of the total cost of the program in 
                year 3; and

[[Page 118 STAT. 2335]]

                    ``(C) 25 percent of the total cost of the program in 
                years 4 and 5.
            ``(2) Non-federal share.--The non-Federal share of payments 
        made under this section may be made in cash or in-kind fairly 
        evaluated, including planned equipment or services.

    ``(e) Federal Use of Funds.--The Attorney General, in consultation 
with the Secretary, in administering grants under this section, may use 
up to 3 percent of funds appropriated to--
            ``(1) research the use of alternatives to prosecution 
        through pretrial diversion in appropriate cases involving 
        individuals with mental illness;
            ``(2) offer specialized training to personnel of criminal 
        and juvenile justice agencies in appropriate diversion 
        techniques;
            ``(3) provide technical assistance to local governments, 
        mental health courts, and diversion programs, including 
        technical assistance relating to program evaluation;
            ``(4) help localities build public understanding and support 
        for community reintegration of individuals with mental illness;
            ``(5) develop a uniform program evaluation process; and
            ``(6) conduct a national evaluation of the collaboration 
        program that will include an assessment of its cost-
        effectiveness.

    ``(f) Interagency <<NOTE: Establishment.>> Task Force.--
            ``(1) In general.--The Attorney General and the Secretary 
        shall establish an interagency task force with the Secretaries 
        of Housing and Urban Development, Labor, Education, and Veterans 
        Affairs and the Commissioner of Social Security, or their 
        designees.
            ``(2) Responsibilities.--The task force established under 
        paragraph (1) shall--
                    ``(A) identify policies within their departments 
                that hinder or facilitate local collaborative 
                initiatives for preliminarily qualified offenders; and
                    ``(B) <<NOTE: Reports. Deadline.>> submit, not later 
                than 2 years after the date of enactment of this 
                section, a report to Congress containing recommendations 
                for improved interdepartmental collaboration regarding 
                the provision of services to preliminarily qualified 
                offenders.

    ``(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.
    ``(h) Authorization of Appropriations.--There are authorized to be 
appropriated to the Department of Justice to carry out this section--
            ``(1) $50,000,000 for fiscal year 2005; and
            ``(2) such sums as may be necessary for fiscal years 2006 
        through 2009.''.

    (b) List of ``Best Practices''.--The Attorney General, in 
consultation with the Secretary of Health and Human Services, shall

[[Page 118 STAT. 2336]]

develop a list of ``best practices'' for appropriate diversion from 
incarceration of adult and juvenile offenders.

    Approved October 30, 2004.

LEGISLATIVE HISTORY--S. 1194:
---------------------------------------------------------------------------

HOUSE REPORTS: No. 108-732 (Comm. on the Judiciary).
CONGRESSIONAL RECORD:
                                                        Vol. 149 (2003):
                                    Oct. 27, considered and passed 
                                        Senate.
                                                        Vol. 150 (2004):
                                    Oct. 6, considered and passed House, 
                                        amended.
                                    Oct. 11, Senate concurred in House 
                                        amendment.

                                  <all>
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