I

106TH CONGRESS

1ST SESSION H. R. 837

To meet the mental health and substance abuse treatment needs of

incarcerated children and youth.

IN THE HOUSE OF REPRESENTATIVES

FEBRUARY 24, 1999

Mr. GEORGE MILLER of California (for himself, Ms. KAPTUR, Mr. STRICKLAND, Mr. OLVER, Mr. STARK, Ms. PELOSI, Ms. JACKSON-LEE of Texas,

Mr. GREEN of Texas, Mr. BALDACCI, Mr. DEFAZIO, Mrs. CLAYTON, Mr.

LEWIS of Georgia, Mr. MCGOVERN, Ms. ESHOO, Mrs. CHRISTIANCHRISTENSEN, Ms. MILLENDER-MCDONALD, Mr. FARR of California,

Mr. FILNER, Mr. FROST, Mr. SANDLIN, Mr. NADLER, Ms. WOOLSEY,

and Mr. FORD) introduced the following bill; which was referred to the

Committee on Education and the Workforce, and in addition to the Committees on Commerce, and 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 meet the mental health and substance abuse treatment

needs of incarcerated children and youth.

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 ‘‘Mental Health Juve5 nile Justice Act’’.
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1 SEC. 2. TRAINING OF JUSTICE SYSTEM PERSONNEL.

2 Title II of the Juvenile Justice and Delinquency Pre3 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended

4 by adding at the end the following:

5 ‘‘PART K—ACCESS TO MENTAL HEALTH AND

6 SUBSTANCE ABUSE TREATMENT

7 ‘‘SEC. 299AA. GRANTS FOR TRAINING OF JUSTICE SYSTEM

8 PERSONNEL.

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

10 grants to State and local juvenile justice agencies in col11 laboration with State and local mental health agencies, for

12 purposes of training the officers and employees of the

13 State juvenile justice system (including employees of facili14 ties that are contracted for operation by State and local

15 juvenile authorities) regarding appropriate access to men16 tal health and substance abuse treatment programs and

17 services in the State for juveniles who come into contact

18 with the State juvenile justice system who have mental

19 health or substance abuse problems.

20 ‘‘(b) USE OF FUNDS.—A State or local juvenile jus21 tice agency that receives a grant under this section may

22 use the grant for purposes of—

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

24 public mental health system, for State juvenile court

25 judges, public defenders, and mental health and sub26 stance abuse agency representatives with respect to
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1 the appropriate use of effective, community-based al2 ternatives to juvenile justice or mental health system

3 institutional placements; or

4 ‘‘(2) providing training for State juvenile proba5 tion officers and community mental health and sub6 stance abuse program representatives on appropriate

7 linkages between probation programs and mental

8 health community programs, specifically focusing on

9 the identification of mental disorders and substance

10 abuse addiction in juveniles on probation, effective

11 treatment interventions for those disorders, and

12 making appropriate contact with mental health and

13 substance abuse case managers and programs in the

14 community, in order to ensure that juveniles on pro15 bation receive appropriate access to mental health

16 and substance abuse treatment programs and serv17 ices.

18 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There

19 are authorized to be appropriated from the Violent Crime

20 Reduction Trust Fund, $50,000,000 for fiscal years 2000,

21 2001, 2002, 2003, and 2004 to carry out this section.’’.
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1 SEC. 3. BLOCK GRANT FUNDING FOR TREATMENT AND DI2 VERSION PROGRAMS.

3 Part K of title II of the Juvenile Justice and Delin4 quency Prevention Act of 1974 (42 U.S.C. 5611 et seq.)

5 is amended by adding at the end the following:

6 ‘‘SEC. 299BB. GRANTS FOR STATE PARTNERSHIPS.

7 ‘‘(a) IN GENERAL.—The Attorney General and the

8 Secretary of Health and Human Services shall make

9 grants to partnerships between State and local/county ju10 venile justice agencies and State and local mental health

11 authorities (or appropriate children service agencies) in

12 accordance with this section.

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

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

15 shall use such amounts for the establishment and imple16 mentation of programs that address the service needs of

17 juveniles who come into contact with the justice system

18 (including facilities contracted for operation by State or

19 local juvenile authorities) who have mental health or sub20 stance abuse problems, by requiring the following:

21 ‘‘(1) DIVERSION.—Appropriate diversion of

22 those juveniles from incarceration—

23 ‘‘(A) at imminent risk of being taken into

24 custody;

25 ‘‘(B) at the time they are initially taken

26 into custody;
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1 ‘‘(C) after they are charged with an of2 fense or act of juvenile delinquency;

3 ‘‘(D) after they are adjudicated delinquent

4 but prior to case disposition; and

5 ‘‘(E) after they are released from a juve6 nile facility, for the purposes of attending after7 care programs.

8 ‘‘(2) TREATMENT.—

9 ‘‘(A) SCREENING AND ASSESSMENT OF JU10 VENILES.—

11 ‘‘(i) IN GENERAL.—Initial mental

12 health screening shall be completed for all

13 juveniles immediately upon entering the ju14 venile justice system or a juvenile facility.

15 Screening shall be conducted by qualified

16 health and mental health professionals or

17 by staff who have been trained by qualified

18 health, mental health, and substance abuse

19 professionals. In the case of a screening by

20 staff, the screening results should be re21 viewed by qualified health, mental health

22 professionals not later than 24 hours after

23 the screening.

24 ‘‘(ii) ACUTE MENTAL ILLNESS.—Juve25 niles who suffer from acute mental dis-
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1 orders, who are suicidal, or in need of de2 toxification shall be placed in or imme3 diately transferred to an appropriate medi4 cal or mental health facility. They shall be

5 admitted to a secure correctional facility

6 only with written medical clearance.

7 ‘‘(iii) COMPREHENSIVE ASSESS8 MENT.—All juveniles entering the juvenile

9 justice system shall have a comprehensive

10 assessment conducted and an individual11 ized treatment plan written and imple12 mented within 2 weeks. This assessment

13 shall be conducted within 1 week for juve14 niles incarcerated in secure facilities. As15 sessments shall be completed by qualified

16 health, mental health, and substance abuse

17 professionals.

18 ‘‘(B) TREATMENT.—

19 ‘‘(i) IN GENERAL.—If the need for

20 treatment is indicated by the assessment of

21 a juvenile, the juvenile shall be referred to

22 or treated by a qualified professional. A ju23 venile who is currently receiving treatment

24 for a mental or emotional disorder shall

25 have treatment continued.
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1 ‘‘(ii) PERIOD.—Treatment shall con2 tinue until additional mental health assess3 ment determines that the juvenile is no

4 longer in need of treatment. Treatment

5 plans shall be reevaluated at least every 30

6 days.

7 ‘‘(iii) DISCHARGE PLAN.—An incar8 cerated juvenile shall have a discharge plan

9 prepared when the juvenile enters the cor10 rectional facility in order to integrate the

11 juvenile back into the family or the com12 munity. This plan shall be updated in con13 sultation with the juvenile’s family or

14 guardian before the juvenile leaves the fa15 cility. Discharge plans shall address the

16 provision of aftercare services.

17 ‘‘(iv) MEDICATION.—Any juvenile re18 ceiving psychotropic medications shall be

19 under the care of a licensed psychiatrist.

20 Psychotropic medications shall be mon21 itored regularly by trained staff for their

22 efficacy and side effects.

23 ‘‘(v) SPECIALIZED TREATMENT.—Spe24 cialized treatment and services shall be

25 continually available to a juvenile who—
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1 ‘‘(I) has a history of mental

2 health problems or treatment;

3 ‘‘(II) has a documented history

4 of sexual abuse or offenses, as victim

5 or as perpetrator;

6 ‘‘(III) has substance abuse prob7 lems, health problems, learning dis8 abilities, or histories of family abuse

9 or violence; or

10 ‘‘(IV) has developmental disabil11 ities.

12 ‘‘(C) MEDICAL AND MENTAL HEALTH

13 EMERGENCIES.—All correctional facilities shall

14 have written policies and procedures on suicide

15 prevention. All staff working in correctional fa16 cilities shall be trained and certified annually in

17 suicide prevention. Facilities shall have written

18 arrangements with a hospital or other facility

19 for providing emergency medical and mental

20 health care. Physical and mental health services

21 shall be available to an incarcerated juvenile 24

22 hours per day, 7 days per week.

23 ‘‘(D) CLASSIFICATION OF JUVENILES.—

24 ‘‘(i) IN GENERAL.—Juvenile facilities

25 shall classify and house juveniles in living
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1 units according to a plan that includes age,

2 gender, offense, special medical or mental

3 health condition, size, and vulnerability to

4 victimization. Younger, smaller, weaker,

5 and more vulnerable juveniles shall not be

6 placed in housing units with older, more

7 aggressive juveniles.

8 ‘‘(ii) BOOT CAMPS.—juveniles who are

9 under 13 years old or who have serious

10 medical conditions or mental illness shall

11 not be placed in paramilitary boot camps.

12 ‘‘(E) CONFIDENTIALITY OF RECORDS.—

13 Mental health and substance abuse treatment

14 records of juveniles shall be treated as confiden15 tial and shall be excluded from the records that

16 States require to be routinely released to other

17 correctional authorities and school officials.

18 ‘‘(F) MANDATORY REPORTING.—States

19 shall keep records of the incidence and types of

20 mental health and substance abuse disorders in

21 their juvenile justice populations, the range and

22 scope of services provided, and barriers to serv23 ice. The State shall submit an analysis of this

24 information yearly to the Department of Jus25 tice.
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1 ‘‘(G) STAFF RATIOS FOR CORRECTIONAL

2 FACILITIES.—Each secure correctional facility

3 shall have a minimum ratio of no fewer than 1

4 mental health counselor to every 50 juveniles.

5 Mental health counselors shall be professionally

6 trained and certified or licensed. Each secure

7 correctional facility shall have a minimum ratio

8 of 1 clinical psychologist for every 100 juve9 niles. Each secure correctional facility shall

10 have a minimum ratio of 1 licensed psychiatrist

11 for every 100 juveniles receiving psychiatric

12 care.

13 ‘‘(H) USE OF FORCE.—

14 ‘‘(i) WRITTEN GUIDELINES.—All juve15 nile facilities shall have a written behav16 ioral management system based on incen17 tives and rewards to reduce misconduct

18 and to decrease the use of restraints and

19 seclusion by staff.

20 ‘‘(ii) LIMITATIONS ON RESTRAINT.—

21 Control techniques such as restraint, seclu22 sion, chemical sprays, and room confine23 ment shall be used only in response to ex24 treme threats to life or safety. Use of these

25 techniques shall be approved by the facility
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1 superintendent or chief medical officer and

2 documented in the juvenile’s file along with

3 the justification for use and the failure of

4 less restrictive alternatives.

5 ‘‘(iii) LIMITATION ON ISOLATION.—

6 Isolation and seclusion shall be used only

7 for immediate and short-term security or

8 safety reasons. No juvenile shall be placed

9 in isolation without approval of the facility

10 superintendent or chief medical officer or

11 their official staff designee. All cases shall

12 be documented in the juvenile’s file along

13 with the justification. A juvenile shall be in

14 isolation only the amount of time necessary

15 to achieve security and safety of the juve16 nile and staff. Staff shall monitor each ju17 venile in isolation once every 15 minutes

18 and conduct a professional review of the

19 need for isolation at least every 4 hours.

20 Any juvenile held in seclusion for 24 hours

21 shall be examined by a physician or li22 censed psychologist.

23 ‘‘(I) IDEA AND REHABILITATION ACT.—

24 All juvenile facilities shall abide by all manda25 tory requirements and time lines set forth
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1 under the Individuals with Disabilities Edu2 cation Act and section 504 of the Rehabilitation

3 Act of 1973.

4 ‘‘(J) ADVOCACY ASSISTANCE.—

5 ‘‘(i) IN GENERAL.—The Secretary of

6 Health and Human Services shall make

7 grants to the systems established under

8 part C of the Developmental Disabilities

9 Assistance and Bill of Rights Act (42

10 U.S.C. 6041 et seq.) to monitor the mental

11 health and special education services pro12 vided by grantees to juveniles under para13 graph (2) (A), (B), (C), (H), and (I) of

14 this section, and to advocate on behalf of

15 juveniles to assure that such services are

16 properly provided.

17 ‘‘(ii) APPROPRIATION.—The Secretary

18 of Health and Human Services will reserve

19 no less than 3 percent of the funds appro20 priated under this section for the purposes

21 set forth in paragraph (2)(J)(i).

22 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

23 ‘‘(1) IN GENERAL.—There are authorized to be

24 appropriated from the Violent Crime Reduction

25 Trust Fund, $500,000,000 for fiscal years 2000,
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1 2001, 2002, 2003, and 2004 to carry out this sec2 tion.

3 ‘‘(2) ALLOCATION.—Of amounts appropriated

4 under paragraph (1)—

5 ‘‘(A) 35 percent shall be used for diversion

6 programs under subsection (b)(1); and

7 ‘‘(B) 65 percent shall be used for treat8 ment programs under subsection (b)(2).

9 ‘‘(3) INCENTIVES.—The Attorney General and

10 the Secretary of Health and Human Services shall

11 give preference under subsection (b)(2) to partner12 ships that integrate treatment programs to serve ju13 veniles with co-occurring mental health and sub14 stance abuse disorders.

15 ‘‘(4) WAIVERS.—The Attorney General and the

16 Secretary of Health and Human Services may grant

17 a waiver of requirements under subsection (b)(2) for

18 good cause.

19 ‘‘SEC. 299CC. GRANTS FOR PARTNERSHIPS.

20 ‘‘(a) IN GENERAL.—Any partnership desiring to re21 ceive a grant under this part shall submit an application

22 at such time, in such manner, and containing such infor23 mation as the Attorney General and the Secretary of

24 Health and Human Services may prescribe.
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1 ‘‘(b) CONTENTS.—In accordance with guidelines es2 tablished by the Attorney General and the Secretary of

3 Health and Human Services, each application submitted

4 under subsection (a) shall—

5 ‘‘(1) set forth a program or activity for carrying

6 out one or more of the purposes specified in section

7 299BB(b) and specifically identify each such pur8 pose such program or activity is designed to carry

9 out;

10 ‘‘(2) provide that such program or activity shall

11 be administered by or under the supervision of the

12 applicant;

13 ‘‘(3) provide for the proper and efficient admin14 istration of such program or activity;

15 ‘‘(4) provide for regular evaluation of such pro16 gram or activity;

17 ‘‘(5) provide an assurance that the proposed

18 program or activity will supplement, not supplant,

19 similar programs and activities already available in

20 the community; and

21 ‘‘(6) provide for such fiscal control and fund ac22 counting procedures as may be necessary to ensure

23 prudent use, proper disbursement, and accurate ac24 counting of funds receiving under this part.’’.
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1 SEC. 4. INITIATIVE FOR COMPREHENSIVE, INTERSYSTEM

2 PROGRAMS.

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

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

5 adding at the end the following:

6 ‘‘SEC. 520C. INITIATIVE FOR COMPREHENSIVE, INTERSYS7 TEM PROGRAMS.

8 ‘‘(a) IN GENERAL.—The Attorney General and the

9 Secretary, acting through the Director of the Center for

10 Mental Health Services, shall award competitive grants to

11 eligible entities for programs that address the service

12 needs of juveniles and juveniles with serious mental ill13 nesses by requiring the State or local juvenile justice sys14 tem, the mental health system, and the substance abuse

15 treatment system to work collaboratively to ensure—

16 ‘‘(1) the appropriate diversion of such juveniles

17 and juveniles from incarceration;

18 ‘‘(2) the provision of appropriate mental health

19 and substance abuse services as an alternative to in20 carceration and for those juveniles on probation or

21 parole; and

22 ‘‘(3) the provision of followup services for juve23 niles who are discharged from the juvenile justice

24 system.

25 ‘‘(b) ELIGIBILITY.—To be eligible to receive a grant

26 under this section an entity shall—
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1 ‘‘(1) be a State or local juvenile justice agency,

2 mental health agency, or substance abuse agency

3 (including community diversion programs);

4 ‘‘(2) prepare and submit to the Secretary an

5 application at such time, in such manner, and con6 taining such information as the Secretary may re7 quire, including—

8 ‘‘(A) an assurance that the applicant has

9 the consent of all entities described in para10 graph (1) in carrying out and coordinating ac11 tivities under the grant; and

12 ‘‘(B) with respect to services for juveniles,

13 an assurance that the applicant has collabo14 rated with the State or local educational agency

15 and the State or local welfare agency in carry16 ing out and coordinating activities under the

17 grant;

18 ‘‘(3) be given priority if it is a joint application

19 between juvenile justice and substance abuse or

20 mental health agencies; and

21 ‘‘(4) ensure that funds from non-Federal

22 sources are available to match amounts provided

23 under the grant in an amount that is not less

24 than—
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1 ‘‘(A) with respect to the first 3 years

2 under the grant, 25 percent of the amount pro3 vided under the grant; and

4 ‘‘(B) with respect to the fourth and fifth

5 years under the grant, 50 percent of the

6 amount provided under the grant.

7 ‘‘(c) USE OF FUNDS.—

8 ‘‘(1) INITIAL YEAR.—An entity that receives a

9 grant under this section shall, in the first fiscal year

10 in which amounts are provided under the grant, use

11 such amounts to develop a collaborative plan—

12 ‘‘(A) for how the guarantee will institute a

13 system to provide intensive community

14 services—

15 ‘‘(i) to prevent high-risk juveniles

16 from coming in contact with the justice

17 system; and

18 ‘‘(ii) to meet the mental health and

19 substance abuse treatment needs of juve20 niles on probation or recently discharged

21 from the justice system; and

22 ‘‘(B) providing for the exchange by agen23 cies of information to enhance the provision of

24 mental health or substance abuse services to ju25 veniles.
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1 ‘‘(2) 2–5TH YEARS.—With respect to the sec2 ond through fifth fiscal years in which amounts are

3 provided under the grant, the grantee shall use

4 amounts provided under the grant—

5 ‘‘(A) to furnish services, such as assertive

6 community treatment, wrap-around services for

7 juveniles, multisystemic therapy, outreach, inte8 grated mental health and substance abuse

9 treatment, case management, health care, edu10 cation and job training, assistance in securing

11 stable housing, finding a job or obtaining in12 come support, other benefits, access to appro13 priate school-based services, transitional and

14 independent living services, mentoring pro15 grams, home-based services, and provision of

16 appropriate after school and summer program17 ing;

18 ‘‘(B) to establish a network of boundary

19 spanners to conduct regular meetings with

20 judges, provide liaison with mental health and

21 substance abuse workers, share and distribute

22 information, and coordinate with mental health

23 and substance abuse treatment providers, and

24 probation or parole officers concerning provision

25 of appropriate mental health and drug and alco-
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1 hol addiction services for individuals on proba2 tion or parole;

3 ‘‘(C) to provide cross-system training

4 among police, corrections, and mental health

5 and substance abuse providers with the purpose

6 of enhancing collaboration and the effectiveness

7 of all systems;

8 ‘‘(D) to provide coordinated and effective

9 aftercare programs for juveniles with emotional

10 or mental disorders who are discharged from

11 jail, prison, or juvenile facilities;

12 ‘‘(E) to purchase technical assistance to

13 achieve the grant project’s goals; and

14 ‘‘(F) to furnish services, to train personnel

15 in collaborative approaches, and to enhance

16 intersystem collaboration.

17 ‘‘(3) DEFINITION.—In paragraph (2)(B), the

18 term ‘boundary spanners’ means professionals who

19 act as case managers for juveniles with mental dis20 orders and substance abuse addictions, within both

21 justice agency facilities and community mental

22 health programs and who have full authority from

23 both systems to act as problem-solvers and advocates

24 on behalf of individuals targeted for service under

25 this program.
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1 ‘‘(d) AREA SERVED BY THE PROJECT.—An entity re2 ceiving a grant under this section shall conduct activities

3 under the grant to serve at least a single political jurisdic4 tion.

5 ‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There

6 shall be made available to carry out the section, not less

7 than 10 percent of the amount appropriated under section

8 1935(a) for each of the fiscal years 2000 through 2004.’’.

9 SEC. 5. INTERAGENCY RESEARCH, TRAINING, AND TECH10 NICAL ASSISTANCE CENTERS.

11 (a) GRANTS OR CONTRACTS.—The Secretary of

12 Health and Human Services, acting through the Sub13 stance Abuse and Mental Health Services Administration

14 and in consultation with the Juvenile Justice and Delin15 quency Prevention Office and the Justice Assistance Bu16 reau, shall award grants and contracts for the establish17 ment of 4 research, training, and technical assistance cen18 ters to carry out the activities described in subsection (c).

19 (b) ELIGIBILITY.—To be eligible to receive a grant

20 or contract under subsection (a), an entity shall—

21 (1) be a public or nonprofit private entity; and

22 (2) prepare and submit to the Secretary of

23 Health and Human Services an application, at such

24 time, in such manner, and containing such informa25 tion as the Secretary may require.
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1 (c) ACTIVITIES.—A center established under a grant

2 or contract under subsection (a) shall—

3 (1) provide training with respect to state-of-the4 art mental health and justice-related services and

5 successful mental health and substance abuse-justice

6 collaborations, to public policymakers, law enforce7 ment administrators, public defenders, police, proba8 tion officers, judges, parole officials, jail administra9 tors and mental health and substance abuse provid10 ers and administrators;

11 (2) engage in research and evaluations concern12 ing State and local justice and mental health sys13 tems, including system redesign initiatives, and dis14 seminate information concerning the results of such

15 evaluations;

16 (3) provide direct technical assistance, including

17 assistance provided through toll-free telephone num18 bers, concerning issues such as how to accommodate

19 individuals who are being processed through the

20 courts under the Americans with Disabilities Act of

21 1990 (42 U.S.C. 12101 et seq.), what types of men22 tal health or substance abuse service approaches are

23 effective within the judicial system, and how commu24 nity-based mental health or substance abuse services
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1 can be more effective, including relevant regional,

2 ethnic, and gender-related considerations; and

3 (4) provide information, training, and technical

4 assistance to State and local governmental officials

5 to enhance the capacity of such officials to provide

6 appropriate services relating to mental health or

7 substance abuse.

8 (d) AUTHORIZATION OF APPROPRIATIONS.—There is

9 authorized to be appropriated, $4,000,000 for each fiscal

10 year to carry out this section.

11 SEC. 6. FEDERAL COORDINATING COUNCIL ON THE CRIM12 INALIZATION OF JUVENILES WITH MENTAL

13 DISORDERS.

14 (a) ESTABLISHMENT.—There is established a Fed15 eral Coordinating Council on Criminalization of Juveniles

16 With Mental Disorders as an interdepartmental council to

17 study and coordinate the criminal and juvenile justice and

18 mental health and substance abuse activities of the Fed19 eral Government and to report to Congress on proposed

20 new legislation to improve the treatment of mentally ill

21 juveniles who come in contact with the juvenile justice sys22 tem.

23 (b) MEMBERSHIP.—The Council shall include rep24 resentatives from—
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1 (1) the appropriate Federal agencies, as deter2 mined by the President, including, at a minimum—

3 (A) the Office of the Secretary of Health

4 and Human Services;

5 (B) the Office for Juvenile Justice and De6 linquency Prevention;

7 (C) the National Institute of Mental

8 Health;

9 (D) the Social Security Administration;

10 (E) the Department of Education; and

11 (F) the Substance Abuse and Mental

12 Health Services Administration; and

13 (2) children’s mental health advocacy groups.

14 (c) DUTIES.—The Council shall—

15 (1) review Federal policies that hinder or facili16 tate coordination at the State and local level between

17 the mental health and substance abuse systems on

18 the one hand and the juvenile justice and corrections

19 system on the other;

20 (2) study the possibilities for improving collabo21 ration at the Federal, State, and local level among

22 these systems; and

23 (3) recommend to Congress any appropriate

24 new initiatives which require legislative action.

25 (d) FINAL REPORT.—The Council shall submit—
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1 (1) an interim report on current coordination

2 and collaboration, or lack thereof, 18 months after

3 the Council is established; and

4 (2) recommendations for new initiatives in im5 proving coordination and collaboration in a final re6 port to Congress 2 years after the Council is estab7 lished.

8 (e) EXPIRATION.—The Council shall expire 2 years

9 after the Council is established.

10 SEC. 7. MENTAL HEALTH SCREENING AND TREATMENT

11 FOR PRISONERS.

12 (a) ADDITIONAL REQUIREMENTS FOR THE USE OF

13 FUNDS UNDER THE VIOLENT OFFENDER INCARCER14 ATION AND TRUTH-IN-SENTENCING GRANTS PROGRAM.—

15 Section 20105(b) of the Violent Crime Control and Law

16 Enforcement Act of 1994 is amended to read as follows:

17 ‘‘(b) ADDITIONAL REQUIREMENTS.—

18 ‘‘(1) ELIGIBILITY FOR GRANT.—To be eligible

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

20 State shall, not later than January 1, 2001, have a

21 program of mental health screening and treatment

22 for appropriate categories of juvenile and other of23 fenders during periods of incarceration and juvenile

24 and criminal justice supervision, that is consistent

25 with guidelines issued by the Attorney General.
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1 ‘‘(2) USE OF FUNDS.—

2 ‘‘(A) IN GENERAL.—Notwithstanding any

3 other provision of this subtitle, amounts made

4 available to a State under section 20103 or

5 20104, may be applied to the costs of programs

6 described in paragraph (1), consistent with

7 guidelines issued by the Attorney General.

8 ‘‘(B) ADDITIONAL USE.—In addition to

9 being used as specified in subparagraph (A),

10 the funds referred to in that subparagraph may

11 be used by a State to pay the costs of providing

12 to the Attorney General a baseline study on the

13 mental health problems of juvenile offenders

14 and prisoners in the State, which study shall be

15 consistent with guidelines issued by the Attor16 ney General.’’.

17 SEC. 8. INAPPLICABILITY OF AMENDMENTS.

18 Section 3626 of title 18 is amended by adding at the

19 end the following:

20 ‘‘(h) INAPPLICABILITY OF AMENDMENTS.—A civil

21 action that seeks to remedy conditions which pose a threat

22 to the health of individuals who are—

23 ‘‘(1) under the age of 16; or

24 ‘‘(2) mentally ill;
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1 shall be governed by the terms of this section, as in effect

2 on the day before the date of enactment of the Prison Liti3 gation Reform Act of 1995 and the amendments made by

4 that Act (18 U.S.C. 3601 note).’’.

Æ