II 

Calendar No. 92 

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, Mrs. BOXER, Mr. 

BEGICH, Mr. HELLER, Ms. KLOBUCHAR, Mr. BLUMENTHAL, Mr. 

SCHATZ, Mr. WHITEHOUSE, Mr. GRASSLEY, Mr. MORAN, Mr. ROBERTS, 

Mr. CRAPO, Mr. MURPHY, and Mr. ENZI) introduced the following bill; 

which was read twice and referred to the Committee on the Judiciary 

JUNE 20, 2013 

Reported by Mr. LEAHY, with an amendment 

[Strike out all after the enacting clause and insert the part printed in italic] 

A BILL 

To reauthorize and improve the Mentally Ill Offender 

Treatment and Crime Reduction Act of 2004. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 


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1 SECTION 1. SHORT TITLE. 

2 This Act may be cited as the ‘‘Justice and Mental 

3 Health Collaboration Act of 2013’’. 

4 SEC. 2. ASSISTING VETERANS. 

5 (a) REDESIGNATION.—Section 2991 of the Omnibus 

6 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

7 3797aa) is amended by redesignating subsection (i) as 

8 subsection (l). 

9 (b) ASSISTING VETERANS.—Section 2991 of the Om10 nibus Crime Control and Safe Streets Act of 1968 (42 

11 U.S.C. 3797aa) is amended by inserting after subsection 

12 (h) the following: 

13 ‘‘(i) ASSISTING VETERANS.— 

14 ‘‘(1) DEFINITIONS.—In this subsection: 

15 ‘‘(A) PEER TO PEER SERVICES OR PRO16 GRAMS.—The term ‘peer to peer services or 

17 programs’ means services or programs that con18 nect qualified veterans with other veterans for 

19 the purpose of providing support and 

20 mentorship to assist qualified veterans in ob21 taining treatment, recovery, stabilization, or re22 habilitation. 

23 ‘‘(B) QUALIFIED VETERAN.—The term 

24 ‘qualified veteran’ means a preliminarily quali25 fied offender who— 


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1 ‘‘(i) has served on active duty in any 

2 branch of the Armed Forces, including the 

3 National Guard and reserve components; 

4 and 

5 ‘‘(ii) was discharged or released from 

6 such service under conditions other than 

7 dishonorable. 

8 ‘‘(C) VETERANS TREATMENT COURT PRO9 GRAM.—The term ‘veterans treatment court 

10 program’ means a court program involving col11 laboration among criminal justice, veterans, and 

12 mental health and substance abuse agencies 

13 that provides qualified veterans with— 

14 ‘‘(i) intensive judicial supervision and 

15 case management, which may include ran16 dom and frequent drug testing where ap17 propriate; 

18 ‘‘(ii) a full continuum of treatment 

19 services, including mental health services, 

20 substance abuse services, medical services, 

21 and services to address trauma; 

22 ‘‘(iii) alternatives to incarceration; 

23 and 

24 ‘‘(iv) other appropriate services, in25 cluding housing, transportation, mentoring, 


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1 employment, job training, education, and 

2 assistance in applying for and obtaining 

3 available benefits. 

4 ‘‘(2) VETERANS ASSISTANCE PROGRAM.— 

5 ‘‘(A) IN GENERAL.—The Attorney General, 

6 in consultation with the Secretary of Veterans 

7 Affairs, may award grants under this sub8 section to applicants to establish or expand— 

9 ‘‘(i) veterans treatment court pro10 grams; 

11 ‘‘(ii) peer to peer services or programs 

12 for qualified veterans; 

13 ‘‘(iii) practices that identify and pro14 vide treatment, rehabilitation, legal, transi15 tional, and other appropriate services to 

16 qualified veterans who have been incarcer17 ated; and 

18 ‘‘(iv) training programs to teach 

19 criminal justice, law enforcement, correc20 tions, mental health, and substance abuse 

21 personnel how to identify and appro22 priately respond to incidents involving 

23 qualified veterans. 


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1 ‘‘(B) PRIORITY.—In awarding grants 

2 under this subsection, the Attorney General 

3 shall give priority to applications that— 

4 ‘‘(i) demonstrate collaboration be5 tween and joint investments by criminal 

6 justice, mental health, substance abuse, 

7 and veterans service agencies; 

8 ‘‘(ii) promote effective strategies to 

9 identify and reduce the risk of harm to 

10 qualified veterans and public safety; and 

11 ‘‘(iii) propose interventions with em12 pirical support to improve outcomes for 

13 qualified veterans.’’. 

14 SEC. 3. CORRECTIONAL FACILITIES. 

15 Section 2991 of the Omnibus Crime Control and Safe 

16 Streets Act of 1968 (42 U.S.C. 3797aa) is amended by 

17 inserting after subsection (i), as so added by section 2, 

18 the following: 

19 ‘‘(j) CORRECTIONAL FACILITIES.— 

20 ‘‘(1) DEFINITIONS.— 

21 ‘‘(A) CORRECTIONAL FACILITY.—The term 

22 ‘correctional facility’ means a jail, prison, or 

23 other detention facility used to house people 

24 who have been arrested, detained, held, or con25 victed by a criminal justice agency or a court. 


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1 ‘‘(B) ELIGIBLE INMATE.—The term ‘eligi2 ble inmate’ means an individual who— 

3 ‘‘(i) is being held, detained, or incar4 cerated in a correctional facility; and 

5 ‘‘(ii) manifests obvious signs of a 

6 mental illness or has been diagnosed by a 

7 qualified mental health professional as hav8 ing a mental illness. 

9 ‘‘(2) CORRECTIONAL FACILITY GRANTS.—The 

10 Attorney General may award grants to applicants to 

11 enhance the capabilities of a correctional facility— 

12 ‘‘(A) to identify and screen for eligible in13 mates; 

14 ‘‘(B) to plan and provide— 

15 ‘‘(i) initial and periodic assessments of 

16 the clinical, medical, and social needs of in17 mates; and 

18 ‘‘(ii) appropriate treatment and serv19 ices that address the mental health and 

20 substance abuse needs of inmates; 

21 ‘‘(C) to develop, implement, and enhance— 

22 ‘‘(i) post-release transition plans for 

23 eligible inmates that, in a comprehensive 

24 manner, coordinate health, housing, medVerDate Mar 15 2010 02:47 Jun 21, 2013 Jkt 029200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6401 E:\BILLS\S162.RS S162

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1 ical, employment, and other appropriate 

2 services and public benefits; 

3 ‘‘(ii) the availability of mental health 

4 care services and substance abuse treat5 ment services; and 

6 ‘‘(iii) alternatives to solitary confine7 ment and segregated housing and mental 

8 health screening and treatment for inmates 

9 placed in solitary confinement or seg10 regated housing; and 

11 ‘‘(D) to train each employee of the correc12 tional facility to identify and appropriately re13 spond to incidents involving inmates with men14 tal health or co-occuring mental health and sub15 stance abuse disorders.’’. 

16 SEC. 4. HIGH UTILIZERS. 

17 Section 2991 of the Omnibus Crime Control and Safe 

18 Streets Act of 1968 (42 U.S.C. 3797aa) is amended by 

19 inserting after subsection (j), as added by section 3, the 

20 following: 

21 ‘‘(k) DEMONSTRATION GRANTS RESPONDING TO

22 HIGH UTILIZERS.— 

23 ‘‘(1) DEFINITION.—In this subsection, the term 

24 ‘high utilizer’ means an individual who— 


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1 ‘‘(A) manifests obvious signs of mental ill2 ness or has been diagnosed by a qualified men3 tal health professional as having a mental ill4 ness; and 

5 ‘‘(B) consumes a significantly dispropor6 tionate quantity of public resources, such as 

7 emergency, housing, judicial, corrections, and 

8 law enforcement services. 

9 ‘‘(2) DEMONSTRATION GRANTS RESPONDING TO

10 HIGH UTILIZERS.— 

11 ‘‘(A) IN GENERAL.—The Attorney General 

12 may award not more than 6 grants per year 

13 under this subsection to applicants for the pur14 pose of reducing the use of public services by 

15 high utilizers. 

16 ‘‘(B) USE OF GRANTS.—A recipient of a 

17 grant awarded under this subsection may use 

18 the grant— 

19 ‘‘(i) to develop or support multidisci20 plinary teams that coordinate, implement, 

21 and administer community-based crisis re22 sponses and long-term plans for high uti23 lizers; 

24 ‘‘(ii) to provide training on how to re25 spond appropriately to the unique issues 


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1 involving high utilizers for public service 

2 personnel, including criminal justice, men3 tal health, substance abuse, emergency 

4 room, healthcare, law enforcement, correc5 tions, and housing personnel; 

6 ‘‘(iii) to develop or support alter7 natives to hospital and jail admissions for 

8 high utilizers that provide treatment, sta9 bilization, and other appropriate supports 

10 in the least restrictive, yet appropriate, en11 vironment; or 

12 ‘‘(iv) to develop protocols and systems 

13 among law enforcement, mental health, 

14 substance abuse, housing, corrections, and 

15 emergency medical service operations to 

16 provide coordinated assistance to high uti17 lizers. 

18 ‘‘(C) REPORT.—Not later than the last 

19 day of the first year following the fiscal year in 

20 which a grant is awarded under this subsection, 

21 the recipient of the grant shall submit to the 

22 Attorney General a report that— 

23 ‘‘(i) measures the performance of the 

24 grant recipient in reducing the use of pub25 lic services by high utilizers; and 


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1 ‘‘(ii) provides a model set of practices, 

2 systems, or procedures that other jurisdic3 tions can adopt to reduce the use of public 

4 services by high utilizers.’’. 

5 SEC. 5. ACADEMY TRAINING. 

6 Section 2991(h) of the Omnibus Crime Control and 

7 Safe Streets Act of 1968 (42 U.S.C. 3797aa(h)) is amend8 ed— 

9 (1) in paragraph (1), by adding at the end the 

10 following: 

11 ‘‘(F) ACADEMY TRAINING.—To provide 

12 support for academy curricula, law enforcement 

13 officer orientation programs, continuing edu14 cation training, and other programs that teach 

15 law enforcement personnel how to identify and 

16 respond to incidents involving persons with 

17 mental health disorders or co-occuring mental 

18 health and substance abuse disorders.’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(4) PRIORITY CONSIDERATION.—The Attorney 

21 General, in awarding grants under this subsection, 

22 shall give priority to programs that law enforcement 

23 personnel and members of the mental health and 

24 substance abuse professions develop and administer 

25 cooperatively.’’. 


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1 SEC. 6. EVIDENCE BASED PRACTICES. 

2 Section 2991(c) of the Omnibus Crime Control and 

3 Safe Streets Act of 1968 (42 U.S.C. 3797aa(c)) is amend4 ed— 

5 (1) in paragraph (3), by striking ‘‘or’’ at the 

6 end; 

7 (2) by redesignating paragraph (4) as para8 graph (6); and 

9 (3) by inserting after paragraph (3), the fol10 lowing: 

11 ‘‘(4) propose interventions that have been 

12 shown by empirical evidence to reduce recidivism; 

13 ‘‘(5) when appropriate, use validated assess14 ment tools to target preliminarily qualified offenders 

15 with a moderate or high risk of recidivism and a 

16 need for treatment and services; or’’. 

17 SEC. 7. SAFE COMMUNITIES. 

18 (a) IN GENERAL.—Section 2991(a) of the Omnibus 

19 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

20 3797aa(a)) is amended— 

21 (1) in paragraph (7)— 

22 (A) in the heading, by striking ‘‘MENTAL

23 ILLNESS’’ and inserting ‘‘MENTAL ILLNESS; 

24 MENTAL HEALTH DISORDER’’; and 


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1 (B) by striking ‘‘term ‘mental illness’ 

2 means’’ and inserting ‘‘terms ‘mental illness’ 

3 and ‘mental health disorder’ mean’’; and 

4 (2) by striking paragraph (9) and inserting the 

5 following: 

6 ‘‘(9) PRELIMINARILY QUALIFIED OFFENDER.— 

7 ‘‘(A) IN GENERAL.—The term ‘prelimi8 narily qualified offender’ means an adult or ju9 venile accused of an offense who— 

10 ‘‘(i)(I) previously or currently has 

11 been diagnosed by a qualified mental 

12 health professional as having a mental ill13 ness or co-occurring mental illness and 

14 substance abuse disorders; 

15 ‘‘(II) manifests obvious signs of men16 tal illness or co-occurring mental illness 

17 and substance abuse disorders during ar18 rest or confinement or before any court; or 

19 ‘‘(III) in the case of a veterans treat20 ment court provided under subsection (i), 

21 has been diagnosed with, or manifests ob22 vious signs of, mental illness or a sub23 stance abuse disorder or co-occuring men24 tal illness and substance abuse disorder; 

25 and 


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1 ‘‘(ii) has been unanimously approved 

2 for participation in a program funded 

3 under this section by, when appropriate, 

4 the relevant— 

5 ‘‘(I) prosecuting attorney; 

6 ‘‘(II) defense attorney; 

7 ‘‘(III) probation or corrections 

8 official; 

9 ‘‘(IV) judge; and 

10 ‘‘(V) a representative from the 

11 relevant mental health agency de12 scribed in subsection (b)(5)(B)(i). 

13 ‘‘(B) DETERMINATION.—In determining 

14 whether to designate a defendant as a prelimi15 narily qualified offender, the relevant pros16 ecuting attorney, defense attorney, probation or 

17 corrections official, judge, and mental health or 

18 substance abuse agency representative shall 

19 take into account— 

20 ‘‘(i) whether the participation of the 

21 defendant in the program would pose a 

22 substantial risk of violence to the commu23 nity; 


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1 ‘‘(ii) the criminal history of the de2 fendant and the nature and severity of the 

3 offense for which the defendant is charged; 

4 ‘‘(iii) the views of any relevant victims 

5 to the offense; 

6 ‘‘(iv) the extent to which the defend7 ant would benefit from participation in the 

8 program; 

9 ‘‘(v) the extent to which the commu10 nity would realize cost savings because of 

11 the defendant’s participation in the pro12 gram; and 

13 ‘‘(vi) whether the defendant satisfies 

14 the eligibility criteria for program partici15 pation unanimously established by the rel16 evant prosecuting attorney, defense attor17 ney, probation or corrections official, judge 

18 and mental health or substance abuse 

19 agency representative.’’. 

20 (b) TECHNICAL AND CONFORMING AMENDMENT.— 

21 Section 2927(2) of the Omnibus Crime Control and Safe 

22 Streets Act of 1968 (42 U.S.C. 3797s–6(2)) is amended 

23 by striking ‘‘has the meaning given that term in section 

24 2991(a).’’ and inserting ‘‘means an offense that— 


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1 ‘‘(A) does not have as an element the use, 

2 attempted use, or threatened use of physical 

3 force against the person or property of another; 

4 or 

5 ‘‘(B) is not a felony that by its nature in6 volves a substantial risk that physical force 

7 against the person or property of another may 

8 be used in the course of committing the of9 fense.’’. 

10 SEC. 8. REAUTHORIZATION OF APPROPRIATIONS. 

11 Subsection (l) of section 2991 of the Omnibus Crime 

12 Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa), 

13 as redesignated in section 2(a), is amended— 

14 (1) in paragraph (1)— 

15 (A) in subparagraph (B), by striking 

16 ‘‘and’’ at the end; 

17 (B) in subparagraph (C), by striking the 

18 period and inserting ‘‘; and’’; and 

19 (C) by adding at the end the following: 

20 ‘‘(D) $40,000,000 for each of fiscal years 

21 2015 through 2019.’’; and 

22 (2) by adding at the end the following: 

23 ‘‘(3) LIMITATION.—Not more than 20 percent 

24 of the funds authorized to be appropriated under 


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1 this section may be used for purposes described in 

2 subsection (i) (relating to veterans).’’. 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Justice and Mental 

5 Health Collaboration Act of 2013’’. 

6 SEC. 2. ASSISTING VETERANS. 

7 (a) REDESIGNATION.—Section 2991 of the Omnibus 

8 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

9 3797aa) is amended by redesignating subsection (i) as sub10 section (n). 

11 (b) ASSISTING VETERANS.—Section 2991 of the Omni12 bus Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

13 3797aa) is amended by inserting after subsection (h) the 

14 following: 

15 ‘‘(i) ASSISTING VETERANS.— 

16 ‘‘(1) DEFINITIONS.—In this subsection: 

17 ‘‘(A) PEER TO PEER SERVICES OR PRO18 GRAMS.—The term ‘peer to peer services or pro19 grams’ means services or programs that connect 

20 qualified veterans with other veterans for the 

21 purpose of providing support and mentorship to 

22 assist qualified veterans in obtaining treatment, 

23 recovery, stabilization, or rehabilitation. 


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1 ‘‘(B) QUALIFIED VETERAN.—The term 

2 ‘qualified veteran’ means a preliminarily quali3 fied offender who— 

4 ‘‘(i) has served on active duty in any 

5 branch of the Armed Forces, including the 

6 National Guard and reserve components; 

7 and 

8 ‘‘(ii) was discharged or released from 

9 such service under conditions other than 

10 dishonorable. 

11 ‘‘(C) VETERANS TREATMENT COURT PRO12 GRAM.—The term ‘veterans treatment court pro13 gram’ means a court program involving collabo14 ration among criminal justice, veterans, and 

15 mental health and substance abuse agencies that 

16 provides qualified veterans with— 

17 ‘‘(i) intensive judicial supervision and 

18 case management, which may include ran19 dom and frequent drug testing where appro20 priate; 

21 ‘‘(ii) a full continuum of treatment 

22 services, including mental health services, 

23 substance abuse services, medical services, 

24 and services to address trauma; 


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1 ‘‘(iii) alternatives to incarceration; 

2 and 

3 ‘‘(iv) other appropriate services, in4 cluding housing, transportation, mentoring, 

5 employment, job training, education, and 

6 assistance in applying for and obtaining 

7 available benefits. 

8 ‘‘(2) VETERANS ASSISTANCE PROGRAM.— 

9 ‘‘(A) IN GENERAL.—The Attorney General, 

10 in consultation with the Secretary of Veterans 

11 Affairs, may award grants under this subsection 

12 to applicants to establish or expand— 

13 ‘‘(i) veterans treatment court pro14 grams; 

15 ‘‘(ii) peer to peer services or programs 

16 for qualified veterans; 

17 ‘‘(iii) practices that identify and pro18 vide treatment, rehabilitation, legal, transi19 tional, and other appropriate services to 

20 qualified veterans who have been incarcer21 ated; and 

22 ‘‘(iv) training programs to teach 

23 criminal justice, law enforcement, correc24 tions, mental health, and substance abuse 

25 personnel how to identify and appropriately 


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1 respond to incidents involving qualified vet2 erans. 

3 ‘‘(B) PRIORITY.—In awarding grants under 

4 this subsection, the Attorney General shall give 

5 priority to applications that— 

6 ‘‘(i) demonstrate collaboration between 

7 and joint investments by criminal justice, 

8 mental health, substance abuse, and vet9 erans service agencies; 

10 ‘‘(ii) promote effective strategies to 

11 identify and reduce the risk of harm to 

12 qualified veterans and public safety; and 

13 ‘‘(iii) propose interventions with em14 pirical support to improve outcomes for 

15 qualified veterans.’’. 

16 SEC. 3. CORRECTIONAL FACILITIES. 

17 Section 2991 of the Omnibus Crime Control and Safe 

18 Streets Act of 1968 (42 U.S.C. 3797aa) is amended by in19 serting after subsection (i), as so added by section 2, the 

20 following: 

21 ‘‘(j) CORRECTIONAL FACILITIES.— 

22 ‘‘(1) DEFINITIONS.— 

23 ‘‘(A) CORRECTIONAL FACILITY.—The term 

24 ‘correctional facility’ means a jail, prison, or 

25 other detention facility used to house people who 


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1 have been arrested, detained, held, or convicted 

2 by a criminal justice agency or a court. 

3 ‘‘(B) ELIGIBLE INMATE.—The term ‘eligible 

4 inmate’ means an individual who— 

5 ‘‘(i) is being held, detained, or incar6 cerated in a correctional facility; and 

7 ‘‘(ii) manifests obvious signs of a men8 tal illness or has been diagnosed by a quali9 fied mental health professional as having a 

10 mental illness. 

11 ‘‘(2) CORRECTIONAL FACILITY GRANTS.—The At12 torney General may award grants to applicants to 

13 enhance the capabilities of a correctional facility— 

14 ‘‘(A) to identify and screen for eligible in15 mates; 

16 ‘‘(B) to plan and provide— 

17 ‘‘(i) initial and periodic assessments of 

18 the clinical, medical, and social needs of in19 mates; and 

20 ‘‘(ii) appropriate treatment and serv21 ices that address the mental health and sub22 stance abuse needs of inmates; 

23 ‘‘(C) to develop, implement, and enhance— 

24 ‘‘(i) post-release transition plans for el25 igible inmates that, in a comprehensive 


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1 manner, coordinate health, housing, med2 ical, employment, and other appropriate 

3 services and public benefits; 

4 ‘‘(ii) the availability of mental health 

5 care services and substance abuse treatment 

6 services; and 

7 ‘‘(iii) alternatives to solitary confine8 ment and segregated housing and mental 

9 health screening and treatment for inmates 

10 placed in solitary confinement or segregated 

11 housing; and 

12 ‘‘(D) to train each employee of the correc13 tional facility to identify and appropriately re14 spond to incidents involving inmates with men15 tal health or co-occuring mental health and sub16 stance abuse disorders.’’. 

17 SEC. 4. HIGH UTILIZERS. 

18 Section 2991 of the Omnibus Crime Control and Safe 

19 Streets Act of 1968 (42 U.S.C. 3797aa) is amended by in20 serting after subsection (j), as added by section 3, the fol21 lowing: 

22 ‘‘(k) DEMONSTRATION GRANTS RESPONDING TO HIGH

23 UTILIZERS.— 

24 ‘‘(1) DEFINITION.—In this subsection, the term 

25 ‘high utilizer’ means an individual who— 


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1 ‘‘(A) manifests obvious signs of mental ill2 ness or has been diagnosed by a qualified mental 

3 health professional as having a mental illness; 

4 and 

5 ‘‘(B) consumes a significantly dispropor6 tionate quantity of public resources, such as 

7 emergency, housing, judicial, corrections, and 

8 law enforcement services. 

9 ‘‘(2) DEMONSTRATION GRANTS RESPONDING TO

10 HIGH UTILIZERS.— 

11 ‘‘(A) IN GENERAL.—The Attorney General 

12 may award not more than 6 grants per year 

13 under this subsection to applicants for the pur14 pose of reducing the use of public services by 

15 high utilizers. 

16 ‘‘(B) USE OF GRANTS.—A recipient of a 

17 grant awarded under this subsection may use the 

18 grant— 

19 ‘‘(i) to develop or support multidisci20 plinary teams that coordinate, implement, 

21 and administer community-based crisis re22 sponses and long-term plans for high uti23 lizers; 

24 ‘‘(ii) to provide training on how to re25 spond appropriately to the unique issues inVerDate Mar 15 2010 02:47 Jun 21, 2013 Jkt 029200 PO 00000 Frm 00022 Fmt 6652 Sfmt 6203 E:\BILLS\S162.RS S162

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1 volving high utilizers for public service per2 sonnel, including criminal justice, mental 

3 health, substance abuse, emergency room, 

4 healthcare, law enforcement, corrections, 

5 and housing personnel; 

6 ‘‘(iii) to develop or support alter7 natives to hospital and jail admissions for 

8 high utilizers that provide treatment, sta9 bilization, and other appropriate supports 

10 in the least restrictive, yet appropriate, en11 vironment; or 

12 ‘‘(iv) to develop protocols and systems 

13 among law enforcement, mental health, sub14 stance abuse, housing, corrections, and 

15 emergency medical service operations to 

16 provide coordinated assistance to high uti17 lizers. 

18 ‘‘(C) REPORT.—Not later than the last day 

19 of the first year following the fiscal year in 

20 which a grant is awarded under this subsection, 

21 the recipient of the grant shall submit to the At22 torney General a report that— 

23 ‘‘(i) measures the performance of the 

24 grant recipient in reducing the use of public 

25 services by high utilizers; and 


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1 ‘‘(ii) provides a model set of practices, 

2 systems, or procedures that other jurisdic3 tions can adopt to reduce the use of public 

4 services by high utilizers.’’. 

5 SEC. 5. ACADEMY TRAINING. 

6 Section 2991(h) of the Omnibus Crime Control and 

7 Safe Streets Act of 1968 (42 U.S.C. 3797aa(h)) is amend8 ed— 

9 (1) in paragraph (1), by adding at the end the 

10 following: 

11 ‘‘(F) ACADEMY TRAINING.—To provide sup12 port for academy curricula, law enforcement offi13 cer orientation programs, continuing education 

14 training, and other programs that teach law en15 forcement personnel how to identify and respond 

16 to incidents involving persons with mental 

17 health disorders or co-occuring mental health 

18 and substance abuse disorders.’’; and 

19 (2) by adding at the end the following: 

20 ‘‘(4) PRIORITY CONSIDERATION.—The Attorney 

21 General, in awarding grants under this subsection, 

22 shall give priority to programs that law enforcement 

23 personnel and members of the mental health and sub24 stance abuse professions develop and administer coop25 eratively.’’. 


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1 SEC. 6. EVIDENCE BASED PRACTICES. 

2 Section 2991(c) of the Omnibus Crime Control and 

3 Safe Streets Act of 1968 (42 U.S.C. 3797aa(c)) is amend4 ed— 

5 (1) in paragraph (3), by striking ‘‘or’’ at the 

6 end; 

7 (2) by redesignating paragraph (4) as para8 graph (6); and 

9 (3) by inserting after paragraph (3), the fol10 lowing: 

11 ‘‘(4) propose interventions that have been shown 

12 by empirical evidence to reduce recidivism; 

13 ‘‘(5) when appropriate, use validated assessment 

14 tools to target preliminarily qualified offenders with 

15 a moderate or high risk of recidivism and a need for 

16 treatment and services; or’’. 

17 SEC. 7. SAFE COMMUNITIES. 

18 (a) IN GENERAL.—Section 2991(a) of the Omnibus 

19 Crime Control and Safe Streets Act of 1968 (42 U.S.C. 

20 3797aa(a)) is amended— 

21 (1) in paragraph (7)— 

22 (A) in the heading, by striking ‘‘MENTAL

23 ILLNESS’’ and inserting ‘‘MENTAL ILLNESS; 

24 MENTAL HEALTH DISORDER’’; and 


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1 (B) by striking ‘‘term ‘mental illness’ 

2 means’’ and inserting ‘‘terms ‘mental illness’ 

3 and ‘mental health disorder’ mean’’; and 

4 (2) by striking paragraph (9) and inserting the 

5 following: 

6 ‘‘(9) PRELIMINARILY QUALIFIED OFFENDER.— 

7 ‘‘(A) IN GENERAL.—The term ‘prelimi8 narily qualified offender’ means an adult or ju9 venile accused of an offense who— 

10 ‘‘(i)(I) previously or currently has been 

11 diagnosed by a qualified mental health pro12 fessional as having a mental illness or co13 occurring mental illness and substance 

14 abuse disorders; 

15 ‘‘(II) manifests obvious signs of mental 

16 illness or co-occurring mental illness and 

17 substance abuse disorders during arrest or 

18 confinement or before any court; or 

19 ‘‘(III) in the case of a veterans treat20 ment court provided under subsection (i), 

21 has been diagnosed with, or manifests obvi22 ous signs of, mental illness or a substance 

23 abuse disorder or co-occuring mental illness 

24 and substance abuse disorder; and 


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1 ‘‘(ii) has been unanimously approved 

2 for participation in a program funded 

3 under this section by, when appropriate, the 

4 relevant— 

5 ‘‘(I) prosecuting attorney; 

6 ‘‘(II) defense attorney; 

7 ‘‘(III) probation or corrections of8 ficial; 

9 ‘‘(IV) judge; and 

10 ‘‘(V) a representative from the rel11 evant mental health agency described 

12 in subsection (b)(5)(B)(i). 

13 ‘‘(B) DETERMINATION.—In determining 

14 whether to designate a defendant as a prelimi15 narily qualified offender, the relevant pros16 ecuting attorney, defense attorney, probation or 

17 corrections official, judge, and mental health or 

18 substance abuse agency representative shall take 

19 into account— 

20 ‘‘(i) whether the participation of the 

21 defendant in the program would pose a sub22 stantial risk of violence to the community; 

23 ‘‘(ii) the criminal history of the defend24 ant and the nature and severity of the of25 fense for which the defendant is charged; 


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1 ‘‘(iii) the views of any relevant victims 

2 to the offense; 

3 ‘‘(iv) the extent to which the defendant 

4 would benefit from participation in the pro5 gram; 

6 ‘‘(v) the extent to which the community 

7 would realize cost savings because of the de8 fendant’s participation in the program; and 

9 ‘‘(vi) whether the defendant satisfies 

10 the eligibility criteria for program partici11 pation unanimously established by the rel12 evant prosecuting attorney, defense attor13 ney, probation or corrections official, judge 

14 and mental health or substance abuse agen15 cy representative.’’. 

16 (b) TECHNICAL AND CONFORMING AMENDMENT.—Sec17 tion 2927(2) of the Omnibus Crime Control and Safe 

18 Streets Act of 1968 (42 U.S.C. 3797s–6(2)) is amended by 

19 striking ‘‘has the meaning given that term in section 

20 2991(a).’’ and inserting ‘‘means an offense that— 

21 ‘‘(A) does not have as an element the use, 

22 attempted use, or threatened use of physical force 

23 against the person or property of another; or 

24 ‘‘(B) is not a felony that by its nature in25 volves a substantial risk that physical force 


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1 against the person or property of another may be 

2 used in the course of committing the offense.’’. 

3 SEC. 8. GRANT ACCOUNTABILITY. 

4 Section 2991 of the Omnibus Crime Control and Safe 

5 Streets Act of 1968 (42 U.S.C. 3797aa) is amended by in6 serting after subsection (k), as so added by section 4, the 

7 following: 

8 ‘‘(l) ACCOUNTABILITY.—All grants awarded by the At9 torney General under this section shall be subject to the fol10 lowing accountability provisions: 

11 ‘‘(1) AUDIT REQUIREMENT.— 

12 ‘‘(A) DEFINITION.—In this paragraph, the 

13 term ‘unresolved audit finding’ means a finding 

14 in the final audit report of the Inspector General 

15 of the Department of Justice that the audited 

16 grantee has utilized grant funds for an unau17 thorized expenditure or otherwise unallowable 

18 cost that is not closed or resolved within 12 

19 months from the date when the final audit report 

20 is issued. 

21 ‘‘(B) AUDITS.—Beginning in the first fiscal 

22 year beginning after the date of enactment of 

23 this subsection, and in each fiscal year there24 after, the Inspector General of the Department of 

25 Justice shall conduct audits of recipients of 


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1 grants under this section to prevent waste, fraud, 

2 and abuse of funds by grantees. The Inspector 

3 General shall determine the appropriate number 

4 of grantees to be audited each year. 

5 ‘‘(C) MANDATORY EXCLUSION.—A recipient 

6 of grant funds under this section that is found 

7 to have an unresolved audit finding shall not be 

8 eligible to receive grant funds under this section 

9 during the first 2 fiscal years beginning after the 

10 end of the 12-month period described in subpara11 graph (A). 

12 ‘‘(D) PRIORITY.—In awarding grants under 

13 this section, the Attorney General shall give pri14 ority to eligible applicants that did not have an 

15 unresolved audit finding during the 3 fiscal 

16 years before submitting an application for a 

17 grant under this section. 

18 ‘‘(E) REIMBURSEMENT.—If an entity is 

19 awarded grant funds under this section during 

20 the 2-fiscal-year period during which the entity 

21 is barred from receiving grants under subpara22 graph (C), the Attorney General shall— 

23 ‘‘(i) deposit an amount equal to the 

24 amount of the grant funds that were imVerDate Mar 15 2010 02:47 Jun 21, 2013 Jkt 029200 PO 00000 Frm 00030 Fmt 6652 Sfmt 6203 E:\BILLS\S162.RS S162

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1 properly awarded to the grantee into the 

2 General Fund of the Treasury; and 

3 ‘‘(ii) seek to recoup the costs of the re4 payment to the fund from the grant recipi5 ent that was erroneously awarded grant 

6 funds. 

7 ‘‘(2) NONPROFIT ORGANIZATION REQUIRE8 MENTS.— 

9 ‘‘(A) DEFINITION.—For purposes of this 

10 paragraph and the grant programs under this 

11 part, the term ‘nonprofit organization’ means an 

12 organization that is described in section 

13 501(c)(3) of the Internal Revenue Code of 1986 

14 and is exempt from taxation under section 

15 501(a) of such Code. 

16 ‘‘(B) PROHIBITION.—The Attorney General 

17 may not award a grant under this part to a 

18 nonprofit organization that holds money in off19 shore accounts for the purpose of avoiding pay20 ing the tax described in section 511(a) of the In21 ternal Revenue Code of 1986. 

22 ‘‘(C) DISCLOSURE.—Each nonprofit organi23 zation that is awarded a grant under this section 

24 and uses the procedures prescribed in regulations 

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1 ness for the compensation of its officers, direc2 tors, trustees, and key employees, shall disclose to 

3 the Attorney General, in the application for the 

4 grant, the process for determining such com5 pensation, including the independent persons in6 volved in reviewing and approving such com7 pensation, the comparability data used, and con8 temporaneous substantiation of the deliberation 

9 and decision. Upon request, the Attorney General 

10 shall make the information disclosed under this 

11 subparagraph available for public inspection. 

12 ‘‘(3) CONFERENCE EXPENDITURES.— 

13 ‘‘(A) LIMITATION.—No amounts made 

14 available to the Department of Justice under this 

15 section may be used by the Attorney General, or 

16 by any individual or entity awarded discre17 tionary funds through a cooperative agreement 

18 under this section, to host or support any ex19 penditure for conferences that uses more than 

20 $20,000 in funds made available by the Depart21 ment of Justice, unless the head of the relevant 

22 agency or department, provides prior written 

23 authorization that the funds may be expended to 

24 host the conference. 


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1 ‘‘(B) WRITTEN APPROVAL.—Written ap2 proval under subparagraph (A) shall include a 

3 written estimate of all costs associated with the 

4 conference, including the cost of all food, bev5 erages, audio-visual equipment, honoraria for 

6 speakers, and entertainment. 

7 ‘‘(C) REPORT.—The Deputy Attorney Gen8 eral shall submit an annual report to the Com9 mittee on the Judiciary of the Senate and the 

10 Committee on the Judiciary of the House of Rep11 resentatives on all conference expenditures ap12 proved under this paragraph. 

13 ‘‘(4) ANNUAL CERTIFICATION.—Beginning in the 

14 first fiscal year beginning after the date of enactment 

15 of this subsection, the Attorney General shall submit, 

16 to the Committee on the Judiciary and the Committee 

17 on Appropriations of the Senate and the Committee 

18 on the Judiciary and the Committee on Appropria19 tions of the House of Representatives, an annual cer20 tification— 

21 ‘‘(A) indicating whether— 

22 ‘‘(i) all audits issued by the Office of 

23 the Inspector General under paragraph (1) 

24 have been completed and reviewed by the 


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1 appropriate Assistant Attorney General or 

2 Director; 

3 ‘‘(ii) all mandatory exclusions required 

4 under paragraph (1)(C) have been issued; 

5 and 

6 ‘‘(iii) all reimbursements required 

7 under paragraph (1)(E) have been made; 

8 and 

9 ‘‘(B) that includes a list of any grant re10 cipients excluded under paragraph (1) from the 

11 previous year. 

12 ‘‘(m) PREVENTING DUPLICATIVE GRANTS.— 

13 ‘‘(1) IN GENERAL.—Before the Attorney General 

14 awards a grant to an applicant under this section, 

15 the Attorney General shall compare potential grant 

16 awards with other grants awarded under this Act to 

17 determine if duplicate grant awards are awarded for 

18 the same purpose. 

19 ‘‘(2) REPORT.—If the Attorney General awards 

20 duplicate grants to the same applicant for the same 

21 purpose the Attorney General shall submit to the 

22 Committee on the Judiciary of the Senate and the 

23 Committee on the Judiciary of the House of Rep24 resentatives a report that includes— 


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1 ‘‘(A) a list of all duplicate grants awarded, 

2 including the total dollar amount of any dupli3 cate grants awarded; and 

4 ‘‘(B) the reason the Attorney General 

5 awarded the duplicate grants.’’. 

6 SEC. 9. REAUTHORIZATION OF APPROPRIATIONS. 

7 Subsection (n) of section 2991 of the Omnibus Crime 

8 Control and Safe Streets Act of 1968 (42 U.S.C. 3797aa), 

9 as redesignated in section 2(a), is amended— 

10 (1) in paragraph (1)— 

11 (A) in subparagraph (B), by striking ‘‘and’’ 

12 at the end; 

13 (B) in subparagraph (C), by striking the 

14 period and inserting ‘‘; and’’; and 

15 (C) by adding at the end the following: 

16 ‘‘(D) $40,000,000 for each of fiscal years 

17 2015 through 2019.’’; and 

18 (2) by adding at the end the following: 

19 ‘‘(3) LIMITATION.—Not more than 20 percent of 

20 the funds authorized to be appropriated under this 

21 section may be used for purposes described in sub22 section (i) (relating to veterans).’’. 


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Calendar No. 92 

113TH CONGRESS 

1ST SESSION S. 162 

A BILL 

To reauthorize and improve the Mentally Ill Of2004. fender Treatment and Crime Reduction Act of 

JUNE 20, 2013 

Reported with an amendment 


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