I 

110TH CONGRESS 

1ST SESSION H. R. 2645 

To amend the Juvenile Justice and Delinquency Prevention Act of 1974 

to improve mental health and substance abuse treatment by providing 

grants for justice system personnel training, treatment pograms, and 

diversion programs, and for other purposes. 

IN THE HOUSE OF REPRESENTATIVES 

JUNE 11, 2007 

Mr. JEFFERSON introduced the following bill; which was referred to the Committee on Education and Labor, and in addition to the Committee on the 

Judiciary, for a period to be subsequently determined by the Speaker, in 

each case for consideration of such provisions as fall within the jurisdiction of the committee concerned 

A BILL 

To amend the Juvenile Justice and Delinquency Prevention 

Act of 1974 to improve mental health and substance 

abuse treatment by providing grants for justice system 

personnel training, treatment pograms, and diversion 

programs, 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 ‘‘Judicial Initiative 

5 Mental Health and Substance Abuse Treatment Improve6 ment Act of 2007’’. 


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1 SEC. 2. TRAINING OF JUSTICE SYSTEM PERSONNEL TO IM2 PROVE MENTAL HEALTH AND SUBSTANCE 

3 ABUSE TREATMENT. 

4 (a) IN GENERAL.—Title II of the Juvenile Justice 

5 and Delinquency Prevention Act of 1974 (42 U.S.C. 5611 

6 et seq.) is amended by adding at the end the following: 

7 ‘‘PART G—ACCESS TO MENTAL HEALTH AND 

8 SUBSTANCE ABUSE TREATMENT 

9 ‘‘SEC. 300A. GRANTS FOR TRAINING OF JUSTICE SYSTEM 

10 PERSONNEL. 

11 ‘‘(a) IN GENERAL.—The Administrator shall make 

12 grants to State and local juvenile justice agencies in col13 laboration with State and local mental health agencies, for 

14 purposes of training the officers and employees of the 

15 State juvenile justice system (including employees of facili16 ties that are contracted for operation by State and local 

17 juvenile authorities) regarding appropriate access to men18 tal health and substance abuse treatment programs and 

19 services in the State for juveniles who come into contact 

20 with the State juvenile justice system who have mental 

21 health or substance abuse problems. 

22 ‘‘(b) USE OF FUNDS.—A State or local juvenile jus23 tice agency that receives a grant under this section may 

24 use the grant for purposes of— 

25 ‘‘(1) providing cross-training, jointly with the 

26 public mental health system, for State juvenile court 


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1 judges, public defenders, and mental health and sub2 stance abuse agency representatives with respect to 

3 the appropriate use of effective, community-based al4 ternatives to juvenile justice or mental health system 

5 institutional placements; or 

6 ‘‘(2) providing training for State juvenile proba7 tion officers and community mental health and sub8 stance abuse program representatives on appropriate 

9 linkages between probation programs and mental 

10 health community programs, specifically focusing on 

11 the identification of mental disorders and substance 

12 abuse addiction in juveniles on probation, effective 

13 treatment interventions for those disorders, and 

14 making appropriate contact with mental health and 

15 substance abuse case managers and programs in the 

16 community, in order to ensure that juveniles on pro17 bation receive appropriate access to mental health 

18 and substance abuse treatment programs and serv19 ices. 

20 ‘‘(c) PRIORITY.— 

21 ‘‘(1) IN GENERAL.—In awarding grants under 

22 subsection (a), with respect to a year, the Adminis23 trator shall give priority to the following agencies de24 scribed in such subsection: 


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1 ‘‘(A) Such an agency that is located in a 

2 rural or urban area identified by the Attorney 

3 General as having a high incidence of substance 

4 abuse among juveniles during the previous year. 

5 ‘‘(B) A State juvenile justice agency, at 

6 least 50 percent of the population of which con7 sisted during the previous year of underrep8 resented minority individuals. 

9 ‘‘(C) A State juvenile justice agency identi10 fied by the Attorney General as having a high 

11 level of recidivism during the previous year. 

12 ‘‘(2) UNDERREPRESENTED MINORITY INDI13 VIDUAL DEFINED.—For purposes of paragraph 

14 (1)(B), the term ‘underrepresented minority indi15 vidual’ means an individual who is a member of a 

16 racial or ethnic minority group, as defined by the 

17 United States census.’’. 

18 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

19 299 of such title (42 U.S.C. 5671) is amended— 

20 (1) in subsection (a)— 

21 (A) in the heading by striking ‘‘PARTS C 

22 AND E’’ and inserting ‘‘PARTS C, E, AND G’’; 

23 and 

24 (B) in paragraph (2), by striking ‘‘parts C 

25 and E’’ and inserting ‘‘parts C, E, and G’’; and 


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1 (2) by adding at the end the following new sub2 section: 

3 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS FOR PART

4 G.— 

5 ‘‘(1) There are authorized to be appropriated 

6 $90,000,000 from the Violent Crime Reduction 

7 Trust Fund for each of the fiscal years 2008 

8 through 2012 to carry out section 300A.’’. 

9 SEC. 3. BLOCK GRANT FUNDING FOR TREATMENT AND DI10 VERSION PROGRAMS. 

11 (a) IN GENERAL.—Part G of title II of the Juvenile 

12 Justice and Delinquency Prevention Act of 1974 (42 

13 U.S.C. 5611 et seq.), as added by section 2(a), is amended 

14 by adding at the end the following: 

15 ‘‘SEC. 300B. GRANTS FOR STATE PARTNERSHIPS. 

16 ‘‘(a) IN GENERAL.—The Attorney General, in con17 sultation with the Secretary of Health and Human Serv18 ices, shall make grants to partnerships between State and 

19 local juvenile justice agencies and State and local mental 

20 health authorities (or appropriate children service agencies 

21 identified by the Attorney General) in accordance with this 

22 section. 

23 ‘‘(b) USE OF FUNDS.—A partnership described in 

24 subsection (a) that receives a grant under this section 

25 shall use such grant for the establishment and implemenVerDate Aug 31 2005 21:43 Jun 12, 2007 Jkt 059200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H2645.IH H2645

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1 tation of an eligible program under subsection (c) for juve2 niles who are confined (or have been confined) to juvenile 

3 correctional facilities, including facilities contracted for 

4 operation by State or local juvenile authorities, and who 

5 have mental health or substance abuse problems. 

6 ‘‘(c) ELIGIBLE PROGRAMS.—For purposes of sub7 section (b), an eligible program under this subsection is 

8 either of the following: 

9 ‘‘(1) DIVERSION.—A program that provides ap10 propriate diversion of juveniles described in sub11 section (b) from incarceration— 

12 ‘‘(A) at the time such juveniles are in im13 minent risk of being taken into custody; 

14 ‘‘(B) at the time such juveniles are initially 

15 taken into custody; 

16 ‘‘(C) after such juveniles are charged with 

17 an offense or act of juvenile delinquency; 

18 ‘‘(D) after such juveniles are adjudicated 

19 delinquent but prior to case disposition; and 

20 ‘‘(E) after such juveniles are released from 

21 a juvenile facility, for the purposes of attending 

22 aftercare programs. 

23 ‘‘(2) MENTAL HEALTH AND SUBSTANCE ABUSE

24 TREATMENT.—A program that complies with at 

25 least one of the following requirements: 


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1 ‘‘(A) SCREENING, ASSESSMENT, AND

2 PLANNING.—The program has a screening, as3 sessment, and planning component that com4 plies with the following: 

5 ‘‘(i) INITIAL ASSESSMENT.—Initial 

6 mental health screening shall be completed 

7 for each juvenile offender immediately 

8 upon entering a juvenile correctional facil9 ity participating in the program. Such 

10 screening shall be conducted by qualified 

11 health and mental health professionals or 

12 by staff of the facility who have been 

13 trained by appropriately qualified health 

14 professionals, mental health professionals, 

15 and substance abuse professionals. In the 

16 case of a screening by staff of the facility, 

17 the screening results shall be reviewed by 

18 appropriately qualified health profes19 sionals, mental health professionals, and 

20 substance abuse professionals not later 

21 than 24 hours after the screening. 

22 ‘‘(ii) COMPREHENSIVE ASSESSMENT

23 AND TREATMENT PLAN.—Each juvenile of24 fender entering a juvenile correctional fa25 cility participating in the program shall 


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1 have a comprehensive assessment con2 ducted and an individualized treatment 

3 plan written and implemented not later 

4 than two weeks after the date of such en5 trance. In the case of juvenile offenders in6 carcerated in secure facilities, such assess7 ment shall be conducted not later than one 

8 week after the date of entrance into such 

9 facility. Such assessments shall be com10 pleted by appropriately qualified health 

11 professionals, mental health professionals, 

12 and substance abuse professionals. 

13 ‘‘(iii) ACUTE MENTAL ILLNESS.—A 

14 juvenile offender who at any time during 

15 the confinement of the juvenile offender in 

16 a juvenile correctional facility participating 

17 in the program suffers from an acute men18 tal disorder, who is suicidal, or who is in 

19 need of detoxification shall be placed in or 

20 immediately transferred to an appropriate 

21 medical or mental health facility. In the 

22 case that a juvenile offender is placed in or 

23 immediately transferred to a medical or 

24 mental health facility pursuant to this 

25 clause, such juvenile offender shall be reVerDate Aug 31 2005 21:43 Jun 12, 2007 Jkt 059200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H2645.IH H2645

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1 leased from such medical or mental health 

2 facility and admitted to a secure correc3 tional facility only with written medical 

4 clearance from the medical or mental 

5 health facility. 

6 ‘‘(iv) DISCHARGE PLAN.—Each juve7 nile offender confined to a juvenile correc8 tional facility participating in the program 

9 shall have a discharge plan prepared on 

10 the date on which the juvenile enters the 

11 facility in order to integrate the juvenile 

12 back into the family or the community of 

13 such juvenile offender. Such plan shall be 

14 updated in consultation with the family or 

15 guardian of such juvenile offender before 

16 the juvenile offender is released from the 

17 facility. A discharge plan shall provide for 

18 aftercare services for the juvenile offender. 

19 ‘‘(B) TREATMENT.—The program has a 

20 treatment component that complies with the fol21 lowing: 

22 ‘‘(i) IN GENERAL.—If the need for 

23 treatment for a mental disorder, emotional 

24 disorder, or substance abuse is indicated 

25 by the assessment of a juvenile offender, 


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1 the juvenile offender shall be referred to or 

2 treated by an appropriately qualified 

3 health professional. A juvenile offender 

4 who, immediately prior to the date of en5 tering a juvenile correctional facility par6 ticipating in the program, was receiving 

7 treatment for a mental disorder, emotional 

8 disorder, or substance abuse shall have 

9 treatment continued at such facility. 

10 ‘‘(ii) PERIOD.—A juvenile offender de11 scribed in clause (i) who receives treatment 

12 at the juvenile correctional facility involved 

13 shall continue to receive treatment at the 

14 facility until the date on which it is deter15 mined through mental health assessments 

16 that the juvenile offender is no longer in 

17 need of such treatment. Treatment plans 

18 shall be reevaluated at least once every 30 

19 days. 

20 ‘‘(iii) MEDICATION.—Any juvenile of21 fender receiving psychotropic medications 

22 while in a juvenile correctional facility shall 

23 be under the care of a licensed psychia24 trist. Psychotropic medications shall be 


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1 monitored regularly by trained staff for 

2 their efficacy and side effects. 

3 ‘‘(iv) SPECIALIZED TREATMENT.— 

4 During the period in which a juvenile of5 fender is confined to a juvenile correctional 

6 facility, specialized treatment and services 

7 for a mental disorder, emotional disorder, 

8 or substance abuse shall be continually 

9 available to the juvenile offender if the ju10 venile offender— 

11 ‘‘(I) has a history of mental 

12 health problems or treatment; 

13 ‘‘(II) has a documented history 

14 of sexual abuse or offenses, as victim 

15 or as perpetrator; 

16 ‘‘(III) has substance abuse prob17 lems, health problems, learning dis18 abilities, or histories of family abuse 

19 or violence; or 

20 ‘‘(IV) has developmental disabil21 ities. 

22 ‘‘(C) MEDICAL AND MENTAL HEALTH

23 EMERGENCIES.—With respect to each juvenile 

24 correctional facility participating in the pro25 gram— 


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1 ‘‘(i) the correctional facility has writ2 ten policies and procedures on suicide pre3 vention; 

4 ‘‘(ii) all staff of the correctional facil5 ity who are involved in the treatment of ju6 venile offenders are trained and certified 

7 annually in suicide prevention; 

8 ‘‘(iii) the correctional facility has a 

9 written arrangement with a hospital or 

10 other facility for providing emergency med11 ical and mental health care to juveniles 

12 confined to the correctional facility; and 

13 ‘‘(iv) physical and mental health serv14 ices are available at the correctional facility 

15 24 hours per day, 7 days per week to juve16 nile offenders who are confined to such fa17 cility. 

18 ‘‘(D) CLASSIFICATION OF JUVENILES.— 

19 Each juvenile correctional facility participating 

20 in the program shall have a policy under 

21 which— 

22 ‘‘(i) the correctional facility classifies 

23 and houses juvenile offenders in living 

24 units according to a plan that takes into 

25 consideration the age, gender, any special 


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1 medical or mental health condition, size, 

2 and vulnerability to victimization of, and 

3 type of offense committed by each juvenile 

4 offender; 

5 ‘‘(ii) younger, smaller, weaker, and 

6 more vulnerable juvenile offenders (as de7 termined by mental health professionals) 

8 are not placed in housing units with older, 

9 more aggressive juvenile offenders; and 

10 ‘‘(iii) juvenile offenders who are under 

11 13 years of age or who have serious med12 ical conditions or mental illnesses are not 

13 placed in paramilitary boot camps. 

14 ‘‘(E) CONFIDENTIALITY OF RECORDS.— 

15 Each juvenile correctional facility participating 

16 in the program shall treat mental health and 

17 substance abuse treatment records of juvenile 

18 offenders as confidential and take measures, in 

19 consultation with the State involved, to ensure 

20 that such records, to the greatest extent pos21 sible, are not required to be included with any 

22 records that such State would otherwise require 

23 to be routinely released to other correctional au24 thorities and school officials. 


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1 ‘‘(F) MANDATORY REPORTING.—Each 

2 State juvenile correctional facility participating 

3 in the program shall— 

4 ‘‘(i) keep information on the incidence 

5 and types of mental health and substance 

6 abuse disorders demonstrated by juvenile 

7 offenders in the correctional facilities, the 

8 range and scope of mental health and sub9 stance abuse services provided by the cor10 rectional facilities to such juvenile offend11 ers, and barriers to the provision of such 

12 services; and 

13 ‘‘(ii) submit an analysis of this infor14 mation annually to the Attorney General in 

15 such form, manner, and time as specified 

16 by the Attorney General. 

17 ‘‘(G) STAFF RATIOS FOR CORRECTIONAL

18 FACILITIES.—Each secure correctional facility 

19 participating in the program shall— 

20 ‘‘(i) have a ratio of at least one men21 tal health counselor (who is professionally 

22 trained and certified or licensed by the 

23 State involved) for every 50 juvenile of24 fenders; 


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1 ‘‘(ii) have a ratio of at least one clin2 ical psychologist for every 100 juvenile of3 fenders; and 

4 ‘‘(iii) have a ratio of at least one psy5 chiatrist (who is licensed by the State in6 volved) for every 100 juveniles offenders 

7 receiving or in need of psychiatric care. 

8 ‘‘(H) USE OF FORCE.— 

9 ‘‘(i) WRITTEN GUIDELINES.—In ac10 cordance with this subparagraph, each ju11 venile correctional facility participating in 

12 the program shall have a written behav13 ioral management system based on incen14 tives and rewards to reduce misconduct by 

15 the juvenile offenders and the use of re16 straints and seclusion by staff. 

17 ‘‘(ii) LIMITATIONS ON RESTRAINT.— 

18 Under the behavioral management system 

19 under clause (i), control techniques such as 

20 restraint, seclusion, chemical sprays, and 

21 room confinement shall be used only in re22 sponse to extreme threats to life or safety. 

23 Use of such techniques shall be approved 

24 by the facility superintendent or chief med25 ical officer and documented in the file of 


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1 the juvenile offender involved along with a 

2 justification for such use and for the fail3 ure to use less restrictive alternatives. 

4 ‘‘(iii) LIMITATION ON ISOLATION.— 

5 Under the behavioral management system 

6 under clause (i), isolation and seclusion of 

7 the juvenile offender involved shall be used 

8 only for immediate and short-term security 

9 or safety reasons and in accordance with 

10 this clause. No juvenile offender shall be 

11 placed in isolation without approval of the 

12 facility superintendent or chief medical of13 ficer or their official staff designee. In the 

14 case of a juvenile offender placed in isola15 tion or seclusion, such case shall be docu16 mented in the file of the juvenile offender 

17 along with a justification for such place18 ment. A juvenile offender may be in isola19 tion only for the amount of time necessary 

20 to achieve security and safety of the juve21 nile offender and staff of the juvenile cor22 rectional facility involved. Such staff shall 

23 monitor each juvenile in isolation at least 

24 once every 15 minutes and conduct a pro25 fessional review of the need for isolation at 


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1 least once every 4 hours. Any juvenile held 

2 in seclusion for at least 24 hours shall be 

3 examined by a physician or licensed psy4 chologist. 

5 ‘‘(I) TREATMENT OF IDEA AND REHABILI6 TATION ACT.—Each juvenile correctional facil7 ity participating in the program shall abide by 

8 all mandatory requirements and time lines set 

9 forth under the Individuals with Disabilities 

10 Education Act and section 504 of the Rehabili11 tation Act of 1973. 

12 ‘‘(d) ADVOCACY ASSISTANCE.—The Secretary of 

13 Health and Human Services shall make grants to the sys14 tems established under part C of the Developmental Dis15 abilities Assistance and Bill of Rights Act (42 U.S.C. 

16 6041 et seq.) to monitor the mental health and special 

17 education services described in subparagraphs (A), (B), 

18 (C), (H), and (I) of subsection (b)(2) that are provided 

19 by partnerships that receive a grant under subsection (a) 

20 to juvenile offenders, and to advocate on behalf of such 

21 juvenile offenders to assure that such services are properly 

22 provided. 

23 ‘‘(e) PREFERENCE.—In awarding grants under this 

24 section, the Attorney General, in consultation with the 

25 Secretary of Health and Human Services, shall give prefVerDate Aug 31 2005 21:43 Jun 12, 2007 Jkt 059200 PO 00000 Frm 00017 Fmt 6652 Sfmt 6201 E:\BILLS\H2645.IH H2645

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1 erence to partnerships described in subsection (a) that 

2 propose to use the grant funds for programs that meet 

3 more than one of the requirements under subsection 

4 (c)(2). 

5 ‘‘SEC. 300C. ADMINISTRATIVE PROVISIONS. 

6 ‘‘(a) APPLICATION.—To be eligible to receive a grant 

7 under section 300A or 300B, an entity described in section 

8 300A(a) or 300B(a), respectively, shall submit an applica9 tion at such time, in such manner, and containing such 

10 information as the Attorney General, in consultation with 

11 the Secretary of Health and Human Services, may pre12 scribe. 

13 ‘‘(b) CONTENTS OF APPLICATION.—In accordance 

14 with guidelines established by the Attorney General, in 

15 consultation with the Secretary of Health and Human 

16 Services, each application submitted under subsection (a) 

17 shall, with respect to a program or activity for which fund18 ing through the grant involved is sought— 

19 ‘‘(1) provide that such program or activity shall 

20 be administered by or under the supervision of the 

21 applicant; 

22 ‘‘(2) provide for the proper and efficient admin23 istration of such program or activity; 

24 ‘‘(3) provide for regular evaluation of such pro25 gram or activity; 


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1 ‘‘(4) provide an assurance that the proposed 

2 program or activity will supplement, not supplant, 

3 similar programs and activities already available in 

4 the community involved; and 

5 ‘‘(5) provide for such fiscal control and fund ac6 counting procedures as may be necessary to ensure 

7 prudent use, proper disbursement, and accurate ac8 counting of funds received under this part for such 

9 program or activity. 

10 ‘‘(c) DURATION OF GRANTS.—Subject to subsection 

11 (d), the period during which payments are made to an ap12 plicant from a grant under section 300A or 300B may 

13 not exceed two years. The provision of such payments are 

14 subject to the availability of appropriations for the fiscal 

15 year involved to make the payments. 

16 ‘‘(d) RENEWAL.—An entity that receives a grant 

17 under section 300A or 300B may extend the duration of 

18 the grant in accordance with a method, form, and time 

19 and qualifications specified by the Attorney General.’’. 

20 (b) AUTHORIZATION OF APPROPRIATIONS.—Section 

21 299(e) of such title (42 U.S.C. 5671), as added by section 

22 2(b), is further amended by adding at the end the fol23 lowing new paragraph: 

24 ‘‘(2)(A) There are authorized to be appro25 priated $700,000,000 from the Violent Crime ReVerDate Aug 31 2005 21:43 Jun 12, 2007 Jkt 059200 PO 00000 Frm 00019 Fmt 6652 Sfmt 6201 E:\BILLS\H2645.IH H2645

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1 duction Trust Fund for each of the fiscal years 2008 

2 through 2012 to carry out section 300B. 

3 ‘‘(B) Of such sums that are appropriated for a 

4 fiscal year to carry out section 300B— 

5 ‘‘(i) 45 percent shall be used for diversion 

6 programs under subsection (b)(1) of such sec7 tion; and 

8 ‘‘(ii) 55 percent shall be used for treatment 

9 programs under subsection (b)(2) of such sec10 tion, of which not less than 3 percent shall be 

11 used for the purposes set forth in subsection (c) 

12 of such section.’’. 

13 SEC. 4. FEDERAL COORDINATING COUNCIL ON THE CRIM14 INALIZATION OF JUVENILES WITH MENTAL 

15 DISORDERS. 

16 (a) ESTABLISHMENT.—There is established an inter17 departmental council to be known as the Federal Coordi18 nating Council on Criminalization of Juveniles (in this sec19 tion referred to as the ‘‘Council’’) to study and coordinate 

20 the criminal and juvenile justice and mental health and 

21 substance abuse activities of the Federal Government and 

22 report to Congress on proposed new legislation to improve 

23 the treatment of mentally ill juveniles who are confined 

24 in (or have been confined in) a juvenile correctional facil25 ity. 


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1 (b) MEMBERSHIP.—The Council shall be composed of 

2 13 members, including representatives from— 

3 (1) the appropriate Federal agencies, as deter4 mined by the President, including, at a minimum— 

5 (A) the Department of Health and Human 

6 Services; 

7 (B) the Office for Juvenile Justice and De8 linquency Prevention; 

9 (C) the National Institute of Mental 

10 Health; 

11 (D) the Social Security Administration; 

12 (E) the Department of Education; and 

13 (F) the Substance Abuse and Mental 

14 Health Services Administration; and 

15 (2) children’s mental health advocacy groups, 

16 as identified by the Secretary of Health and Human 

17 Services. 

18 (c) CHAIRPERSON.—The council shall elect a chair19 person of the council. 

20 (d) DUTIES.—The Council shall— 

21 (1) review Federal policies that hinder or facili22 tate coordination at the State and local level between 

23 the mental health and substance abuse systems and 

24 the juvenile justice and corrections system; 


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1 (2) study the possibilities for improving collabo2 ration at the Federal, State, and local level among 

3 such systems; and 

4 (3) make recommendations to Congress on any 

5 appropriate initiatives to improve such coordination 

6 and collaboration, which would require legislative ac7 tion. 

8 (e) REPORTS.—The Council shall submit to Congress 

9 the following: 

10 (1) INTERIM REPORT.—Not later than the date 

11 that is 18 months after the Council is established, 

12 an interim report on the extent of coordination and 

13 collaboration in existence as of such date at the Fed14 eral, State, and local levels among the systems de15 scribed in subsection (d)(1). 

16 (2) FINAL REPORT.—Not later than the date 

17 that is two years after the Council is established, a 

18 final report that includes recommendations for ini19 tiatives to improve such coordination and collabora20 tion. 

21 (f) TERMINATION.—The Council shall terminate two 

22 years after the date on which the Council is established. 


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1 SEC. 5. MENTAL HEALTH SCREENING AND TREATMENT 

2 FOR PRISONERS. 

3 (a) IN GENERAL.—Section 20105(b) of the Violent 

4 Crime Control and Law Enforcement Act of 1994 is 

5 amended— 

6 (1) by redesignating paragraphs (1), (2), and 

7 (3) as subparagraphs (A), (B), and (C), respectively; 

8 (2) by inserting ‘‘(1) IN GENERAL’’ before 

9 ‘‘Funds provided under section 20103’’; and 

10 (3) by adding at the end the following new 

11 paragraph: 

12 ‘‘(2) ADDITIONAL ELIGIBILITY REQUIREMENT AND

13 USES.— 

14 ‘‘(A) ELIGIBILITY FOR GRANT.—To be eligible 

15 to receive a grant under section 20103 or 20104, a 

16 State shall, not later than January 1, 2008, dem17 onstrate to the satisfaction of the Attorney General 

18 that the State has (or intends and has taken steps 

19 to implement) a program of mental health screening 

20 and treatment for appropriate categories of juvenile 

21 offenders and other offenders during periods of in22 carceration and juvenile and criminal justice super23 vision, that is consistent with guidelines issued by 

24 the Attorney General. 

25 ‘‘(B) ADDITIONAL USES OF FUNDS.—Notwith26 standing any other provision of this subtitle, 


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1 amounts made available to a State under section 

2 20103 or 20104, may be— 

3 ‘‘(i) applied to the costs of programs de4 scribed in subparagraph (A), consistent with 

5 guidelines issued by the Attorney General; or 

6 ‘‘(ii) used by the State to pay the costs of 

7 providing to the Attorney General a baseline 

8 study (consistent with guidelines issued by the 

9 Attorney General) on the mental health prob10 lems of juvenile offenders and prisoners in the 

11 State.’’. 

12 (b) CONFORMING AMENDMENTS.— 

13 (1) Section 20103(a) of such Act is amended by 

14 striking ‘‘To be eligible’’ and inserting ‘‘Subject to 

15 section 20105(b)(2)(A), to be eligible’’. 

16 (2) Section 20104(a) of such Act is amended by 

17 striking ‘‘To be eligible’’ and inserting ‘‘Subject to 

18 section 20105(b)(2)(A), to be eligible’’. 

Æ 


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