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[110th Congress Public Law 416]
[From the U.S. Government Printing Office]

[DOCID: f:publ416.110]

[[Page 4351]]

MENTALLY ILL OFFENDER TREATMENT AND CRIME REDUCTION REAUTHORIZATION AND 
                         IMPROVEMENT ACT OF 2008

[[Page 122 STAT. 4352]]

Public Law 110-416
110th Congress

                                 An Act

 
 To amend title I of the Omnibus Crime Control and Safe Streets Act of 
  1968 to provide grants for the improved mental health treatment and 
  services provided to offenders with mental illnesses, and for other 
             purposes. <<NOTE: Oct. 14, 2008 -  [S. 2304]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: Mentally 
Ill Offender Treatment and Crime 
Reduction Reauthorization and Improvement Act of 2008. 42 USC 3711 
note.>> 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.

    (a) Short Title.--This Act may be cited as the ``Mentally Ill 
Offender Treatment and Crime Reduction Reauthorization and Improvement 
Act of 2008''.
    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title; table of contents.
Sec. 2. Findings.
Sec. 3. Reauthorization of the Adult and Juvenile Collaboration Program 
           Grants.
Sec. 4. Law enforcement response to mentally ill offenders improvement 
           grants.
Sec. 5. Examination and report on prevalence of mentally ill offenders.

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

    Congress finds the following:
            (1) Communities nationwide are struggling to respond to the 
        high numbers of people with mental illnesses involved at all 
        points in the criminal justice system.
            (2) A 1999 study by the Department of Justice estimated that 
        16 percent of people incarcerated in prisons and jails in the 
        United States, which is more than 300,000 people, suffer from 
        mental illnesses.
            (3) Los Angeles County Jail and New York's Rikers Island 
        jail complex hold more people with mental illnesses than the 
        largest psychiatric inpatient facilities in the United States.
            (4) State prisoners with a mental health problem are twice 
        as likely as those without a mental health problem to have been 
        homeless in the year before their arrest.
SEC. 3. REAUTHORIZATION OF THE ADULT AND JUVENILE COLLABORATION 
                    PROGRAM GRANTS.

    (a) Authorization of Appropriations Through 2014.--Section 2991(h) 
of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (42 
U.S.C. 3797aa(h)) is amended--
            (1) in paragraph (1), by striking at the end ``and'';
            (2) in paragraph (2), by striking ``for fiscal years 2006 
        through 2009.'' and inserting ``for each of the fiscal years 
        2006 and 2007; and''; and
            (3) by adding at the end the following new paragraph:

[[Page 122 STAT. 4353]]

            ``(3) $50,000,000 for each of the fiscal years 2009 through 
        2014.''.

    (b) Allocation of Funding for Administrative Purposes.--Section 
2991(h) of such title is further amended--
            (1) by redesignating paragraphs (1), (2), and (3) (as added 
        by subsection (a)(3)) as subparagraphs (A), (B), and (C), 
        respectively, and adjusting the margins accordingly;
            (2) by striking ``There are authorized'' and inserting ``(1) 
        In general.--There are authorized''; and
            (3) by adding at the end the following new paragraph:

    ``(2) Allocation of Funding for Administrative Purposes.--For fiscal 
year 2009 and each subsequent fiscal year, of the amounts authorized 
under paragraph (1) for such fiscal year, the Attorney General may 
obligate not more than 3 percent for the administrative expenses of the 
Attorney General in carrying out this section for such fiscal year.''.
    (c) Additional Applications Receiving Priority.--Subsection (c) of 
such section is amended to read as follows:
    ``(c) Priority.--The Attorney General, in awarding funds under this 
section, shall give priority to applications that--
            ``(1) promote effective strategies by law enforcement to 
        identify and to reduce risk of harm to mentally ill offenders 
        and public safety;
            ``(2) promote effective strategies for identification and 
        treatment of female mentally ill offenders;
            ``(3) promote effective strategies to expand the use of 
        mental health courts, including the use of pretrial services and 
        related treatment programs for offenders; or
            ``(4)(A) demonstrate the strongest commitment to ensuring 
        that such funds are used to promote both public health and 
        public safety;
            ``(B) demonstrate the active participation of each co-
        applicant in the administration of the collaboration program;
            ``(C) document, in the case of an application for a grant to 
        be used in whole or in part to fund treatment services for 
        adults or juveniles during periods of incarceration or 
        detention, that treatment programs will be available to provide 
        transition and reentry services for such individuals; and
            ``(D) have the support of both the Attorney General and the 
        Secretary.''.
SEC. 4. LAW ENFORCEMENT RESPONSE TO MENTALLY ILL OFFENDERS 
                    IMPROVEMENT GRANTS.

    Section 2991 of title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 (42 U.S.C. 3797aa) is amended by--
            (1) redesignating subsection (h) as subsection (i); and
            (2) inserting after subsection (g) the following:

    ``(h) Law Enforcement Response to Mentally Ill Offenders Improvement 
Grants.--
            ``(1) Authorization.--The Attorney General is authorized to 
        make grants under this section to States, units of local 
        government, Indian tribes, and tribal organizations for the 
        following purposes:
                    ``(A) Training programs.--To provide for programs 
                that offer law enforcement personnel specialized and 
                comprehensive training in procedures to identify and 
                respond

[[Page 122 STAT. 4354]]

                appropriately to incidents in which the unique needs of 
                individuals with mental illnesses are involved.
                    ``(B) Receiving centers.--To provide for the 
                development of specialized receiving centers to assess 
                individuals in the custody of law enforcement personnel 
                for suicide risk and mental health and substance abuse 
                treatment needs.
                    ``(C) Improved technology.--To provide for 
                computerized information systems (or to improve existing 
                systems) to provide timely information to law 
                enforcement personnel and criminal justice system 
                personnel to improve the response of such respective 
                personnel to mentally ill offenders.
                    ``(D) Cooperative programs.--To provide for the 
                establishment and expansion of cooperative efforts by 
                criminal and juvenile justice agencies and mental health 
                agencies to promote public safety through the use of 
                effective intervention with respect to mentally ill 
                offenders.
                    ``(E) Campus security personnel training.--To 
                provide for programs that offer campus security 
                personnel training in procedures to identify and respond 
                appropriately to incidents in which the unique needs of 
                individuals with mental illnesses are involved.
            ``(2) BJA training models.--For purposes of paragraph 
        (1)(A), the Director of the Bureau of Justice Assistance shall 
        develop training models for training law enforcement personnel 
        in procedures to identify and respond appropriately to incidents 
        in which the unique needs of individuals with mental illnesses 
        are involved, including suicide prevention.
            ``(3) Matching funds.--The Federal share of funds for a 
        program funded by a grant received under this subsection may not 
        exceed 50 percent of the costs of the program. The non-Federal 
        share of payments made for such a program may be made in cash or 
        in-kind fairly evaluated, including planned equipment or 
        services.''.
SEC. 5. EXAMINATION AND REPORT ON PREVALENCE OF MENTALLY ILL 
                    OFFENDERS.

    (a) In General.--
            (1) In general.--The Attorney General shall examine and 
        report on mental illness and the criminal justice system.
            (2) Scope.--Congress encourages the Attorney General to 
        specifically examine the following:
                    (A) Populations.--The rate of occurrence of serious 
                mental illnesses in each of the following populations:
                          (i) Individuals, including juveniles, on 
                      probation.
                          (ii) Individuals, including juveniles, 
                      incarcerated in a jail.
                          (iii) Individuals, including juveniles, 
                      incarcerated in a prison.
                          (iv) Individuals, including juveniles, on 
                      parole.
                    (B) Benefits.--The percentage of individuals in each 
                population described in subparagraph (A) who have--
                          (i) a serious mental illness; and
                          (ii) received disability benefits under title 
                      II or title XVI of the Social Security Act (42 
                      U.S.C. 401 et seq. and 1381 et seq.).

[[Page 122 STAT. 4355]]

    (b) Report.--Not later than 36 months after the date of the 
enactment of this Act, the Attorney General shall submit to Congress the 
report described in subsection (a).
    (c) Definitions.--In this section--
            (1) the term ``serious mental illness'' means that an 
        individual has, or at any time during the 1-year period ending 
        on the date of enactment of this Act had, a covered mental, 
        behavioral, or emotional disorder; and
            (2) the term ``covered mental, behavioral, or emotional 
        disorder''--
                    (A) means a diagnosable mental, behavioral, or 
                emotional disorder of sufficient duration to meet 
                diagnostic criteria specified within the Diagnostic and 
                Statistical Manual of Mental Disorders, Fourth Edition, 
                or the International Classification of Diseases, Ninth 
                Revision, Clinical Modification equivalent of the 
                Diagnostic and Statistical Manual of Mental Disorders, 
                Fourth Edition; and
                    (B) does not include a disorder that has a V code 
                within the Diagnostic and Statistical Manual of Mental 
                Disorders, Fourth Edition, a substance use disorder, or 
                a developmental disorder, unless that disorder cooccurs 
                with another disorder described in subparagraph (A) and 
                causes functional impairment which substantially 
                interferes with or limits 1 or more major life 
                activities.

    (d) Authorization of Appropriations.--There are authorized to be 
appropriated to carry out this section $2,000,000 for 2009.

    Approved October 14, 2008.

LEGISLATIVE HISTORY--S. 2304 (H.R. 3992):
---------------------------------------------------------------------------

HOUSE REPORTS: No. 110-
514 accompanying H.R. 3992 (Comm. on the Judiciary).
CONGRESSIONAL RECORD, Vol. 154 (2008):
            Sept. 26, considered and passed Senate.
            Sept. 27, 29, considered and passed House.

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