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[Congressional Bills 110th Congress]
[From the U.S. Government Publishing Office]
[H.R. 2645 Introduced in House (IH)]

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.

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

SECTION 1. SHORT TITLE.

    This Act may be cited as the ``Judicial Initiative Mental Health 
and Substance Abuse Treatment Improvement Act of 2007''.

SEC. 2. TRAINING OF JUSTICE SYSTEM PERSONNEL TO IMPROVE MENTAL HEALTH 
              AND SUBSTANCE ABUSE TREATMENT.

    (a) In General.--Title II of the Juvenile Justice and Delinquency 
Prevention Act of 1974 (42 U.S.C. 5611 et seq.) is amended by adding at 
the end the following:

    ``PART G--ACCESS TO MENTAL HEALTH AND SUBSTANCE ABUSE TREATMENT

``SEC. 300A. GRANTS FOR TRAINING OF JUSTICE SYSTEM PERSONNEL.

    ``(a) In General.--The Administrator shall make grants to State and 
local juvenile justice agencies in collaboration with State and local 
mental health agencies, for purposes of training the officers and 
employees of the State juvenile justice system (including employees of 
facilities that are contracted for operation by State and local 
juvenile authorities) regarding appropriate access to mental health and 
substance abuse treatment programs and services in the State for 
juveniles who come into contact with the State juvenile justice system 
who have mental health or substance abuse problems.
    ``(b) Use of Funds.--A State or local juvenile justice agency that 
receives a grant under this section may use the grant for purposes of--
            ``(1) providing cross-training, jointly with the public 
        mental health system, for State juvenile court judges, public 
        defenders, and mental health and substance abuse agency 
        representatives with respect to the appropriate use of 
        effective, community-based alternatives to juvenile justice or 
        mental health system institutional placements; or
            ``(2) providing training for State juvenile probation 
        officers and community mental health and substance abuse 
        program representatives on appropriate linkages between 
        probation programs and mental health community programs, 
        specifically focusing on the identification of mental disorders 
        and substance abuse addiction in juveniles on probation, 
        effective treatment interventions for those disorders, and 
        making appropriate contact with mental health and substance 
        abuse case managers and programs in the community, in order to 
        ensure that juveniles on probation receive appropriate access 
        to mental health and substance abuse treatment programs and 
        services.
    ``(c) Priority.--
            ``(1) In general.--In awarding grants under subsection (a), 
        with respect to a year, the Administrator shall give priority 
        to the following agencies described in such subsection:
                    ``(A) Such an agency that is located in a rural or 
                urban area identified by the Attorney General as having 
                a high incidence of substance abuse among juveniles 
                during the previous year.
                    ``(B) A State juvenile justice agency, at least 50 
                percent of the population of which consisted during the 
                previous year of underrepresented minority individuals.
                    ``(C) A State juvenile justice agency identified by 
                the Attorney General as having a high level of 
                recidivism during the previous year.
            ``(2) Underrepresented minority individual defined.--For 
        purposes of paragraph (1)(B), the term `underrepresented 
        minority individual' means an individual who is a member of a 
        racial or ethnic minority group, as defined by the United 
        States census.''.
    (b) Authorization of Appropriations.--Section 299 of such title (42 
U.S.C. 5671) is amended--
            (1) in subsection (a)--
                    (A) in the heading by striking ``Parts C and E'' 
                and inserting ``Parts C, E, and G''; and
                    (B) in paragraph (2), by striking ``parts C and E'' 
                and inserting ``parts C, E, and G''; and
            (2) by adding at the end the following new subsection:
    ``(e) Authorization of Appropriations for Part G.--
            ``(1) There are authorized to be appropriated $90,000,000 
        from the Violent Crime Reduction Trust Fund for each of the 
        fiscal years 2008 through 2012 to carry out section 300A.''.

SEC. 3. BLOCK GRANT FUNDING FOR TREATMENT AND DIVERSION PROGRAMS.

    (a) In General.--Part G of title II of the Juvenile Justice and 
Delinquency Prevention Act of 1974 (42 U.S.C. 5611 et seq.), as added 
by section 2(a), is amended by adding at the end the following:

``SEC. 300B. GRANTS FOR STATE PARTNERSHIPS.

    ``(a) In General.--The Attorney General, in consultation with the 
Secretary of Health and Human Services, shall make grants to 
partnerships between State and local juvenile justice agencies and 
State and local mental health authorities (or appropriate children 
service agencies identified by the Attorney General) in accordance with 
this section.
    ``(b) Use of Funds.--A partnership described in subsection (a) that 
receives a grant under this section shall use such grant for the 
establishment and implementation of an eligible program under 
subsection (c) for juveniles who are confined (or have been confined) 
to juvenile correctional facilities, including facilities contracted 
for operation by State or local juvenile authorities, and who have 
mental health or substance abuse problems.
    ``(c) Eligible Programs.--For purposes of subsection (b), an 
eligible program under this subsection is either of the following:
            ``(1) Diversion.--A program that provides appropriate 
        diversion of juveniles described in subsection (b) from 
        incarceration--
                    ``(A) at the time such juveniles are in imminent 
                risk of being taken into custody;
                    ``(B) at the time such juveniles are initially 
                taken into custody;
                    ``(C) after such juveniles are charged with an 
                offense or act of juvenile delinquency;
                    ``(D) after such juveniles are adjudicated 
                delinquent but prior to case disposition; and
                    ``(E) after such juveniles are released from a 
                juvenile facility, for the purposes of attending 
                aftercare programs.
            ``(2) Mental health and substance abuse treatment.--A 
        program that complies with at least one of the following 
        requirements:
                    ``(A) Screening, assessment, and planning.--The 
                program has a screening, assessment, and planning 
                component that complies with the following:
                            ``(i) Initial assessment.--Initial mental 
                        health screening shall be completed for each 
                        juvenile offender immediately upon entering a 
                        juvenile correctional facility participating in 
                        the program. Such screening shall be conducted 
                        by qualified health and mental health 
                        professionals or by staff of the facility who 
                        have been trained by appropriately qualified 
                        health professionals, mental health 
                        professionals, and substance abuse 
                        professionals. In the case of a screening by 
                        staff of the facility, the screening results 
                        shall be reviewed by appropriately qualified 
                        health professionals, mental health 
                        professionals, and substance abuse 
                        professionals not later than 24 hours after the 
                        screening.
                            ``(ii) Comprehensive assessment and 
                        treatment plan.--Each juvenile offender 
                        entering a juvenile correctional facility 
                        participating in the program shall have a 
                        comprehensive assessment conducted and an 
                        individualized treatment plan written and 
                        implemented not later than two weeks after the 
                        date of such entrance. In the case of juvenile 
                        offenders incarcerated in secure facilities, 
                        such assessment shall be conducted not later 
                        than one week after the date of entrance into 
                        such facility. Such assessments shall be 
                        completed by appropriately qualified health 
                        professionals, mental health professionals, and 
                        substance abuse professionals.
                            ``(iii) Acute mental illness.--A juvenile 
                        offender who at any time during the confinement 
                        of the juvenile offender in a juvenile 
                        correctional facility participating in the 
                        program suffers from an acute mental disorder, 
                        who is suicidal, or who is in need of 
                        detoxification shall be placed in or 
                        immediately transferred to an appropriate 
                        medical or mental health facility. In the case 
                        that a juvenile offender is placed in or 
                        immediately transferred to a medical or mental 
                        health facility pursuant to this clause, such 
                        juvenile offender shall be released from such 
                        medical or mental health facility and admitted 
                        to a secure correctional facility only with 
                        written medical clearance from the medical or 
                        mental health facility.
                            ``(iv) Discharge plan.--Each juvenile 
                        offender confined to a juvenile correctional 
                        facility participating in the program shall 
                        have a discharge plan prepared on the date on 
                        which the juvenile enters the facility in order 
                        to integrate the juvenile back into the family 
                        or the community of such juvenile offender. 
                        Such plan shall be updated in consultation with 
                        the family or guardian of such juvenile 
                        offender before the juvenile offender is 
                        released from the facility. A discharge plan 
                        shall provide for aftercare services for the 
                        juvenile offender.
                    ``(B) Treatment.--The program has a treatment 
                component that complies with the following:
                            ``(i) In general.--If the need for 
                        treatment for a mental disorder, emotional 
                        disorder, or substance abuse is indicated by 
                        the assessment of a juvenile offender, the 
                        juvenile offender shall be referred to or 
                        treated by an appropriately qualified health 
                        professional. A juvenile offender who, 
                        immediately prior to the date of entering a 
                        juvenile correctional facility participating in 
                        the program, was receiving treatment for a 
                        mental disorder, emotional disorder, or 
                        substance abuse shall have treatment continued 
                        at such facility.
                            ``(ii) Period.--A juvenile offender 
                        described in clause (i) who receives treatment 
                        at the juvenile correctional facility involved 
                        shall continue to receive treatment at the 
                        facility until the date on which it is 
                        determined through mental health assessments 
                        that the juvenile offender is no longer in need 
                        of such treatment. Treatment plans shall be 
                        reevaluated at least once every 30 days.
                            ``(iii) Medication.--Any juvenile offender 
                        receiving psychotropic medications while in a 
                        juvenile correctional facility shall be under 
                        the care of a licensed psychiatrist. 
                        Psychotropic medications shall be monitored 
                        regularly by trained staff for their efficacy 
                        and side effects.
                            ``(iv) Specialized treatment.--During the 
                        period in which a juvenile offender is confined 
                        to a juvenile correctional facility, 
                        specialized treatment and services for a mental 
                        disorder, emotional disorder, or substance 
                        abuse shall be continually available to the 
                        juvenile offender if the juvenile offender--
                                    ``(I) has a history of mental 
                                health problems or treatment;
                                    ``(II) has a documented history of 
                                sexual abuse or offenses, as victim or 
                                as perpetrator;
                                    ``(III) has substance abuse 
                                problems, health problems, learning 
                                disabilities, or histories of family 
                                abuse or violence; or
                                    ``(IV) has developmental 
                                disabilities.
                    ``(C) Medical and mental health emergencies.--With 
                respect to each juvenile correctional facility 
                participating in the program--
                            ``(i) the correctional facility has written 
                        policies and procedures on suicide prevention;
                            ``(ii) all staff of the correctional 
                        facility who are involved in the treatment of 
                        juvenile offenders are trained and certified 
                        annually in suicide prevention;
                            ``(iii) the correctional facility has a 
                        written arrangement with a hospital or other 
                        facility for providing emergency medical and 
                        mental health care to juveniles confined to the 
                        correctional facility; and
                            ``(iv) physical and mental health services 
                        are available at the correctional facility 24 
                        hours per day, 7 days per week to juvenile 
                        offenders who are confined to such facility.
                    ``(D) Classification of juveniles.--Each juvenile 
                correctional facility participating in the program 
                shall have a policy under which--
                            ``(i) the correctional facility classifies 
                        and houses juvenile offenders in living units 
                        according to a plan that takes into 
                        consideration the age, gender, any special 
                        medical or mental health condition, size, and 
                        vulnerability to victimization of, and type of 
                        offense committed by each juvenile offender;
                            ``(ii) younger, smaller, weaker, and more 
                        vulnerable juvenile offenders (as determined by 
                        mental health professionals) are not placed in 
                        housing units with older, more aggressive 
                        juvenile offenders; and
                            ``(iii) juvenile offenders who are under 13 
                        years of age or who have serious medical 
                        conditions or mental illnesses are not placed 
                        in paramilitary boot camps.
                    ``(E) Confidentiality of records.--Each juvenile 
                correctional facility participating in the program 
                shall treat mental health and substance abuse treatment 
                records of juvenile offenders as confidential and take 
                measures, in consultation with the State involved, to 
                ensure that such records, to the greatest extent 
                possible, are not required to be included with any 
                records that such State would otherwise require to be 
                routinely released to other correctional authorities 
                and school officials.
                    ``(F) Mandatory reporting.--Each State juvenile 
                correctional facility participating in the program 
                shall--
                            ``(i) keep information on the incidence and 
                        types of mental health and substance abuse 
                        disorders demonstrated by juvenile offenders in 
                        the correctional facilities, the range and 
                        scope of mental health and substance abuse 
                        services provided by the correctional 
                        facilities to such juvenile offenders, and 
                        barriers to the provision of such services; and
                            ``(ii) submit an analysis of this 
                        information annually to the Attorney General in 
                        such form, manner, and time as specified by the 
                        Attorney General.
                    ``(G) Staff ratios for correctional facilities.--
                Each secure correctional facility participating in the 
                program shall--
                            ``(i) have a ratio of at least one mental 
                        health counselor (who is professionally trained 
                        and certified or licensed by the State 
                        involved) for every 50 juvenile offenders;
                            ``(ii) have a ratio of at least one 
                        clinical psychologist for every 100 juvenile 
                        offenders; and
                            ``(iii) have a ratio of at least one 
                        psychiatrist (who is licensed by the State 
                        involved) for every 100 juveniles offenders 
                        receiving or in need of psychiatric care.
                    ``(H) Use of force.--
                            ``(i) Written guidelines.--In accordance 
                        with this subparagraph, each juvenile 
                        correctional facility participating in the 
                        program shall have a written behavioral 
                        management system based on incentives and 
                        rewards to reduce misconduct by the juvenile 
                        offenders and the use of restraints and 
                        seclusion by staff.
                            ``(ii) Limitations on restraint.--Under the 
                        behavioral management system under clause (i), 
                        control techniques such as restraint, 
                        seclusion, chemical sprays, and room 
                        confinement shall be used only in response to 
                        extreme threats to life or safety. Use of such 
                        techniques shall be approved by the facility 
                        superintendent or chief medical officer and 
                        documented in the file of the juvenile offender 
                        involved along with a justification for such 
                        use and for the failure to use less restrictive 
                        alternatives.
                            ``(iii) Limitation on isolation.--Under the 
                        behavioral management system under clause (i), 
                        isolation and seclusion of the juvenile 
                        offender involved shall be used only for 
                        immediate and short-term security or safety 
                        reasons and in accordance with this clause. No 
                        juvenile offender shall be placed in isolation 
                        without approval of the facility superintendent 
                        or chief medical officer or their official 
                        staff designee. In the case of a juvenile 
                        offender placed in isolation or seclusion, such 
                        case shall be documented in the file of the 
                        juvenile offender along with a justification 
                        for such placement. A juvenile offender may be 
                        in isolation only for the amount of time 
                        necessary to achieve security and safety of the 
                        juvenile offender and staff of the juvenile 
                        correctional facility involved. Such staff 
                        shall monitor each juvenile in isolation at 
                        least once every 15 minutes and conduct a 
                        professional review of the need for isolation 
                        at least once every 4 hours. Any juvenile held 
                        in seclusion for at least 24 hours shall be 
                        examined by a physician or licensed 
                        psychologist.
                    ``(I) Treatment of idea and rehabilitation act.--
                Each juvenile correctional facility participating in 
                the program shall abide by all mandatory requirements 
                and time lines set forth under the Individuals with 
                Disabilities Education Act and section 504 of the 
                Rehabilitation Act of 1973.
    ``(d) Advocacy Assistance.--The Secretary of Health and Human 
Services shall make grants to the systems established under part C of 
the Developmental Disabilities Assistance and Bill of Rights Act (42 
U.S.C. 6041 et seq.) to monitor the mental health and special education 
services described in subparagraphs (A), (B), (C), (H), and (I) of 
subsection (b)(2) that are provided by partnerships that receive a 
grant under subsection (a) to juvenile offenders, and to advocate on 
behalf of such juvenile offenders to assure that such services are 
properly provided.
    ``(e) Preference.--In awarding grants under this section, the 
Attorney General, in consultation with the Secretary of Health and 
Human Services, shall give preference to partnerships described in 
subsection (a) that propose to use the grant funds for programs that 
meet more than one of the requirements under subsection (c)(2).

``SEC. 300C. ADMINISTRATIVE PROVISIONS.

    ``(a) Application.--To be eligible to receive a grant under section 
300A or 300B, an entity described in section 300A(a) or 300B(a), 
respectively, shall submit an application at such time, in such manner, 
and containing such information as the Attorney General, in 
consultation with the Secretary of Health and Human Services, may 
prescribe.
    ``(b) Contents of Application.--In accordance with guidelines 
established by the Attorney General, in consultation with the Secretary 
of Health and Human Services, each application submitted under 
subsection (a) shall, with respect to a program or activity for which 
funding through the grant involved is sought--
            ``(1) provide that such program or activity shall be 
        administered by or under the supervision of the applicant;
            ``(2) provide for the proper and efficient administration 
        of such program or activity;
            ``(3) provide for regular evaluation of such program or 
        activity;
            ``(4) provide an assurance that the proposed program or 
        activity will supplement, not supplant, similar programs and 
        activities already available in the community involved; and
            ``(5) provide for such fiscal control and fund accounting 
        procedures as may be necessary to ensure prudent use, proper 
        disbursement, and accurate accounting of funds received under 
        this part for such program or activity.
    ``(c) Duration of Grants.--Subject to subsection (d), the period 
during which payments are made to an applicant from a grant under 
section 300A or 300B may not exceed two years. The provision of such 
payments are subject to the availability of appropriations for the 
fiscal year involved to make the payments.
    ``(d) Renewal.--An entity that receives a grant under section 300A 
or 300B may extend the duration of the grant in accordance with a 
method, form, and time and qualifications specified by the Attorney 
General.''.
    (b) Authorization of Appropriations.--Section 299(e) of such title 
(42 U.S.C. 5671), as added by section 2(b), is further amended by 
adding at the end the following new paragraph:
            ``(2)(A) There are authorized to be appropriated 
        $700,000,000 from the Violent Crime Reduction Trust Fund for 
        each of the fiscal years 2008 through 2012 to carry out section 
        300B.
            ``(B) Of such sums that are appropriated for a fiscal year 
        to carry out section 300B--
                    ``(i) 45 percent shall be used for diversion 
                programs under subsection (b)(1) of such section; and
                    ``(ii) 55 percent shall be used for treatment 
                programs under subsection (b)(2) of such section, of 
                which not less than 3 percent shall be used for the 
                purposes set forth in subsection (c) of such 
                section.''.

SEC. 4. FEDERAL COORDINATING COUNCIL ON THE CRIMINALIZATION OF 
              JUVENILES WITH MENTAL DISORDERS.

    (a) Establishment.--There is established an interdepartmental 
council to be known as the Federal Coordinating Council on 
Criminalization of Juveniles (in this section referred to as the 
``Council'') to study and coordinate the criminal and juvenile justice 
and mental health and substance abuse activities of the Federal 
Government and report to Congress on proposed new legislation to 
improve the treatment of mentally ill juveniles who are confined in (or 
have been confined in) a juvenile correctional facility.
    (b) Membership.--The Council shall be composed of 13 members, 
including representatives from--
            (1) the appropriate Federal agencies, as determined by the 
        President, including, at a minimum--
                    (A) the Department of Health and Human Services;
                    (B) the Office for Juvenile Justice and Delinquency 
                Prevention;
                    (C) the National Institute of Mental Health;
                    (D) the Social Security Administration;
                    (E) the Department of Education; and
                    (F) the Substance Abuse and Mental Health Services 
                Administration; and
            (2) children's mental health advocacy groups, as identified 
        by the Secretary of Health and Human Services.
    (c) Chairperson.--The council shall elect a chairperson of the 
council.
    (d) Duties.--The Council shall--
            (1) review Federal policies that hinder or facilitate 
        coordination at the State and local level between the mental 
        health and substance abuse systems and the juvenile justice and 
        corrections system;
            (2) study the possibilities for improving collaboration at 
        the Federal, State, and local level among such systems; and
            (3) make recommendations to Congress on any appropriate 
        initiatives to improve such coordination and collaboration, 
        which would require legislative action.
    (e) Reports.--The Council shall submit to Congress the following:
            (1) Interim report.--Not later than the date that is 18 
        months after the Council is established, an interim report on 
        the extent of coordination and collaboration in existence as of 
        such date at the Federal, State, and local levels among the 
        systems described in subsection (d)(1).
            (2) Final report.--Not later than the date that is two 
        years after the Council is established, a final report that 
        includes recommendations for initiatives to improve such 
        coordination and collaboration.
    (f) Termination.--The Council shall terminate two years after the 
date on which the Council is established.

SEC. 5. MENTAL HEALTH SCREENING AND TREATMENT FOR PRISONERS.

    (a) In General.--Section 20105(b) of the Violent Crime Control and 
Law Enforcement Act of 1994 is amended--
            (1) by redesignating paragraphs (1), (2), and (3) as 
        subparagraphs (A), (B), and (C), respectively;
            (2) by inserting ``(1) in general'' before ``Funds provided 
        under section 20103''; and
            (3) by adding at the end the following new paragraph:
    ``(2) Additional Eligibility Requirement and Uses.--
            ``(A) Eligibility for grant.--To be eligible to receive a 
        grant under section 20103 or 20104, a State shall, not later 
        than January 1, 2008, demonstrate to the satisfaction of the 
        Attorney General that the State has (or intends and has taken 
        steps to implement) a program of mental health screening and 
        treatment for appropriate categories of juvenile offenders and 
        other offenders during periods of incarceration and juvenile 
        and criminal justice supervision, that is consistent with 
        guidelines issued by the Attorney General.
            ``(B) Additional uses of funds.--Notwithstanding any other 
        provision of this subtitle, amounts made available to a State 
        under section 20103 or 20104, may be--
                    ``(i) applied to the costs of programs described in 
                subparagraph (A), consistent with guidelines issued by 
                the Attorney General; or
                    ``(ii) used by the State to pay the costs of 
                providing to the Attorney General a baseline study 
                (consistent with guidelines issued by the Attorney 
                General) on the mental health problems of juvenile 
                offenders and prisoners in the State.''.
    (b) Conforming Amendments.--
            (1) Section 20103(a) of such Act is amended by striking 
        ``To be eligible'' and inserting ``Subject to section 
        20105(b)(2)(A), to be eligible''.
            (2) Section 20104(a) of such Act is amended by striking 
        ``To be eligible'' and inserting ``Subject to section 
        20105(b)(2)(A), to be eligible''.
                                 <all>
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