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[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[S. 162 Introduced in Senate (IS)]

113th CONGRESS
  1st Session
                                 S. 162

  To reauthorize and improve the Mentally Ill Offender Treatment and 
                      Crime Reduction Act of 2004.

_______________________________________________________________________

                   IN THE SENATE OF THE UNITED STATES

                            January 28, 2013

   Mr. Franken (for himself, Mr. Johanns, Mr. Leahy, Mr. Graham, Mr. 
 Durbin, Ms. Ayotte, Mr. Coons, Mr. Hatch, Mr. Blunt, Ms. Collins, Mr. 
   Portman, Mrs. Shaheen, Mr. Wyden, Mrs. Gillibrand, Mr. Brown, Ms. 
Warren, Mr. Reed, Mr. Schumer, and Mrs. Boxer) introduced the following 
    bill; which was read twice and referred to the Committee on the 
                               Judiciary

_______________________________________________________________________

                                 A BILL

 
  To reauthorize and improve the Mentally Ill Offender Treatment and 
                      Crime Reduction Act of 2004.

    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 ``Justice and Mental Health 
Collaboration Act of 2013''.

SEC. 2. ASSISTING VETERANS.

    (a) Redesignation.--Section 2991 of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by redesignating 
subsection (i) as subsection (l).
    (b) Assisting Veterans.--Section 2991 of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3797aa) is amended by inserting 
after subsection (h) the following:
    ``(i) Assisting Veterans.--
            ``(1) Definitions.--In this subsection:
                    ``(A) Peer to peer services or programs.--The term 
                `peer to peer services or programs' means services or 
                programs that connect qualified veterans with other 
                veterans for the purpose of providing support and 
                mentorship to assist qualified veterans in obtaining 
                treatment, recovery, stabilization, or rehabilitation.
                    ``(B) Qualified veteran.--The term `qualified 
                veteran' means a preliminarily qualified offender who--
                            ``(i) has served on active duty in any 
                        branch of the Armed Forces, including the 
                        National Guard and reserve components; and
                            ``(ii) was discharged or released from such 
                        service under conditions other than 
                        dishonorable.
                    ``(C) Veterans treatment court program.--The term 
                `veterans treatment court program' means a court 
                program involving collaboration among criminal justice, 
                veterans, and mental health and substance abuse 
                agencies that provides qualified veterans with--
                            ``(i) intensive judicial supervision and 
                        case management, which may include random and 
                        frequent drug testing where appropriate;
                            ``(ii) a full continuum of treatment 
                        services, including mental health services, 
                        substance abuse services, medical services, and 
                        services to address trauma;
                            ``(iii) alternatives to incarceration; and
                            ``(iv) other appropriate services, 
                        including housing, transportation, mentoring, 
                        employment, job training, education, and 
                        assistance in applying for and obtaining 
                        available benefits.
            ``(2) Veterans assistance program.--
                    ``(A) In general.--The Attorney General, in 
                consultation with the Secretary of Veterans Affairs, 
                may award grants under this subsection to applicants to 
                establish or expand--
                            ``(i) veterans treatment court programs;
                            ``(ii) peer to peer services or programs 
                        for qualified veterans;
                            ``(iii) practices that identify and provide 
                        treatment, rehabilitation, legal, transitional, 
                        and other appropriate services to qualified 
                        veterans who have been incarcerated; and
                            ``(iv) training programs to teach criminal 
                        justice, law enforcement, corrections, mental 
                        health, and substance abuse personnel how to 
                        identify and appropriately respond to incidents 
                        involving qualified veterans.
                    ``(B) Priority.--In awarding grants under this 
                subsection, the Attorney General shall give priority to 
                applications that--
                            ``(i) demonstrate collaboration between and 
                        joint investments by criminal justice, mental 
                        health, substance abuse, and veterans service 
                        agencies;
                            ``(ii) promote effective strategies to 
                        identify and reduce the risk of harm to 
                        qualified veterans and public safety; and
                            ``(iii) propose interventions with 
                        empirical support to improve outcomes for 
                        qualified veterans.''.

SEC. 3. CORRECTIONAL FACILITIES.

    Section 2991 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3797aa) is amended by inserting after subsection (i), 
as so added by section 2, the following:
    ``(j) Correctional Facilities.--
            ``(1) Definitions.--
                    ``(A) Correctional facility.--The term 
                `correctional facility' means a jail, prison, or other 
                detention facility used to house people who have been 
                arrested, detained, held, or convicted by a criminal 
                justice agency or a court.
                    ``(B) Eligible inmate.--The term `eligible inmate' 
                means an individual who--
                            ``(i) is being held, detained, or 
                        incarcerated in a correctional facility; and
                            ``(ii) manifests obvious signs of a mental 
                        illness or has been diagnosed by a qualified 
                        mental health professional as having a mental 
                        illness.
            ``(2) Correctional facility grants.--The Attorney General 
        may award grants to applicants to enhance the capabilities of a 
        correctional facility--
                    ``(A) to identify and screen for eligible inmates;
                    ``(B) to plan and provide--
                            ``(i) initial and periodic assessments of 
                        the clinical, medical, and social needs of 
                        inmates; and
                            ``(ii) appropriate treatment and services 
                        that address the mental health and substance 
                        abuse needs of inmates;
                    ``(C) to develop, implement, and enhance--
                            ``(i) post-release transition plans for 
                        eligible inmates that, in a comprehensive 
                        manner, coordinate health, housing, medical, 
                        employment, and other appropriate services and 
                        public benefits;
                            ``(ii) the availability of mental health 
                        care services and substance abuse treatment 
                        services; and
                            ``(iii) alternatives to solitary 
                        confinement and segregated housing and mental 
                        health screening and treatment for inmates 
                        placed in solitary confinement or segregated 
                        housing; and
                    ``(D) to train each employee of the correctional 
                facility to identify and appropriately respond to 
                incidents involving inmates with mental health or co-
                occuring mental health and substance abuse 
                disorders.''.

SEC. 4. HIGH UTILIZERS.

    Section 2991 of the Omnibus Crime Control and Safe Streets Act of 
1968 (42 U.S.C. 3797aa) is amended by inserting after subsection (j), 
as added by section 3, the following:
    ``(k) Demonstration Grants Responding to High Utilizers.--
            ``(1) Definition.--In this subsection, the term `high 
        utilizer' means an individual who--
                    ``(A) manifests obvious signs of mental illness or 
                has been diagnosed by a qualified mental health 
                professional as having a mental illness; and
                    ``(B) consumes a significantly disproportionate 
                quantity of public resources, such as emergency, 
                housing, judicial, corrections, and law enforcement 
                services.
            ``(2) Demonstration grants responding to high utilizers.--
                    ``(A) In general.--The Attorney General may award 
                not more than 6 grants per year under this subsection 
                to applicants for the purpose of reducing the use of 
                public services by high utilizers.
                    ``(B) Use of grants.--A recipient of a grant 
                awarded under this subsection may use the grant--
                            ``(i) to develop or support 
                        multidisciplinary teams that coordinate, 
                        implement, and administer community-based 
                        crisis responses and long-term plans for high 
                        utilizers;
                            ``(ii) to provide training on how to 
                        respond appropriately to the unique issues 
                        involving high utilizers for public service 
                        personnel, including criminal justice, mental 
                        health, substance abuse, emergency room, 
                        healthcare, law enforcement, corrections, and 
                        housing personnel;
                            ``(iii) to develop or support alternatives 
                        to hospital and jail admissions for high 
                        utilizers that provide treatment, 
                        stabilization, and other appropriate supports 
                        in the least restrictive, yet appropriate, 
                        environment; or
                            ``(iv) to develop protocols and systems 
                        among law enforcement, mental health, substance 
                        abuse, housing, corrections, and emergency 
                        medical service operations to provide 
                        coordinated assistance to high utilizers.
                    ``(C) Report.--Not later than the last day of the 
                first year following the fiscal year in which a grant 
                is awarded under this subsection, the recipient of the 
                grant shall submit to the Attorney General a report 
                that--
                            ``(i) measures the performance of the grant 
                        recipient in reducing the use of public 
                        services by high utilizers; and
                            ``(ii) provides a model set of practices, 
                        systems, or procedures that other jurisdictions 
                        can adopt to reduce the use of public services 
                        by high utilizers.''.

SEC. 5. ACADEMY TRAINING.

    Section 2991(h) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3797aa(h)) is amended--
            (1) in paragraph (1), by adding at the end the following:
                    ``(F) Academy training.--To provide support for 
                academy curricula, law enforcement officer orientation 
                programs, continuing education training, and other 
                programs that teach law enforcement personnel how to 
                identify and respond to incidents involving persons 
                with mental health disorders or co-occuring mental 
                health and substance abuse disorders.''; and
            (2) by adding at the end the following:
            ``(4) Priority consideration.--The Attorney General, in 
        awarding grants under this subsection, shall give priority to 
        programs that law enforcement personnel and members of the 
        mental health and substance abuse professions develop and 
        administer cooperatively.''.

SEC. 6. EVIDENCE BASED PRACTICES.

    Section 2991(c) of the Omnibus Crime Control and Safe Streets Act 
of 1968 (42 U.S.C. 3797aa(c)) is amended--
            (1) in paragraph (3), by striking ``or'' at the end;
            (2) by redesignating paragraph (4) as paragraph (6); and
            (3) by inserting after paragraph (3), the following:
            ``(4) propose interventions that have been shown by 
        empirical evidence to reduce recidivism;
            ``(5) when appropriate, use validated assessment tools to 
        target preliminarily qualified offenders with a moderate or 
        high risk of recidivism and a need for treatment and services; 
        or''.

SEC. 7. SAFE COMMUNITIES.

    (a) In General.--Section 2991(a) of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3797aa(a)) is amended--
            (1) in paragraph (7)--
                    (A) in the heading, by striking ``Mental illness'' 
                and inserting ``Mental illness; mental health 
                disorder''; and
                    (B) by striking ``term `mental illness' means'' and 
                inserting ``terms `mental illness' and `mental health 
                disorder' mean''; and
            (2) by striking paragraph (9) and inserting the following:
            ``(9) Preliminarily qualified offender.--
                    ``(A) In general.--The term `preliminarily 
                qualified offender' means an adult or juvenile accused 
                of an offense who--
                            ``(i)(I) previously or currently has been 
                        diagnosed by a qualified mental health 
                        professional as having a mental illness or co-
                        occurring mental illness and substance abuse 
                        disorders;
                            ``(II) manifests obvious signs of mental 
                        illness or co-occurring mental illness and 
                        substance abuse disorders during arrest or 
                        confinement or before any court; or
                            ``(III) in the case of a veterans treatment 
                        court provided under subsection (i), has been 
                        diagnosed with, or manifests obvious signs of, 
                        mental illness or a substance abuse disorder or 
                        co-occuring mental illness and substance abuse 
                        disorder; and
                            ``(ii) has been unanimously approved for 
                        participation in a program funded under this 
                        section by, when appropriate, the relevant--
                                    ``(I) prosecuting attorney;
                                    ``(II) defense attorney;
                                    ``(III) probation or corrections 
                                official;
                                    ``(IV) judge; and
                                    ``(V) a representative from the 
                                relevant mental health agency described 
                                in subsection (b)(5)(B)(i).
                    ``(B) Determination.--In determining whether to 
                designate a defendant as a preliminarily qualified 
                offender, the relevant prosecuting attorney, defense 
                attorney, probation or corrections official, judge, and 
                mental health or substance abuse agency representative 
                shall take into account--
                            ``(i) whether the participation of the 
                        defendant in the program would pose a 
                        substantial risk of violence to the community;
                            ``(ii) the criminal history of the 
                        defendant and the nature and severity of the 
                        offense for which the defendant is charged;
                            ``(iii) the views of any relevant victims 
                        to the offense;
                            ``(iv) the extent to which the defendant 
                        would benefit from participation in the 
                        program;
                            ``(v) the extent to which the community 
                        would realize cost savings because of the 
                        defendant's participation in the program; and
                            ``(vi) whether the defendant satisfies the 
                        eligibility criteria for program participation 
                        unanimously established by the relevant 
                        prosecuting attorney, defense attorney, 
                        probation or corrections official, judge and 
                        mental health or substance abuse agency 
                        representative.''.
    (b) Technical and Conforming Amendment.--Section 2927(2) of the 
Omnibus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 3797s-
6(2)) is amended by striking ``has the meaning given that term in 
section 2991(a).'' and inserting ``means an offense that--
                    ``(A) does not have as an element the use, 
                attempted use, or threatened use of physical force 
                against the person or property of another; or
                    ``(B) is not a felony that by its nature involves a 
                substantial risk that physical force against the person 
                or property of another may be used in the course of 
                committing the offense.''.

SEC. 8. REAUTHORIZATION OF APPROPRIATIONS.

    Subsection (l) of section 2991 of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3797aa), as redesignated in section 
2(a), is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (B), by striking ``and'' at the 
                end;
                    (B) in subparagraph (C), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following:
                    ``(D) $40,000,000 for each of fiscal years 2015 
                through 2019.''; and
            (2) by adding at the end the following:
            ``(3) Limitation.--Not more than 20 percent of the funds 
        authorized to be appropriated under this section may be used 
        for purposes described in subsection (i) (relating to 
        veterans).''.
                                 <all>
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