II

106TH CONGRESS

1ST SESSION S. 465

To meet the mental health and substance abuse treatment needs of

incarcerated children and youth.

IN THE SENATE OF THE UNITED STATES

FEBRUARY 24, 1999

Mr. WELLSTONE (for himself, Mr. KENNEDY, and Ms. LANDRIEU) introduced

the following bill; which was read twice and referred to the Committee

on the Judiciary

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’’.

6 SEC. 2. TRAINING OF JUSTICE SYSTEM PERSONNEL.

7 Title II of the Juvenile Justice and Delinquency Pre8 vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended

9 by adding at the end the following:
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1 ‘‘PART K—ACCESS TO MENTAL HEALTH AND

2 SUBSTANCE ABUSE TREATMENT

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

4 PERSONNEL.

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

6 grants to State and local juvenile justice agencies in col7 laboration with State and local mental health agencies, for

8 purposes of training the officers and employees of the

9 State juvenile justice system (including employees of facili10 ties that are contracted for operation by State and local

11 juvenile authorities) regarding appropriate access to men12 tal health and substance abuse treatment programs and

13 services in the State for juveniles who come into contact

14 with the State juvenile justice system who have mental

15 health or substance abuse problems.

16 ‘‘(b) USE OF FUNDS.—A State or local juvenile jus17 tice agency that receives a grant under this section may

18 use the grant for purposes of—

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

20 public mental health system, for State juvenile court

21 judges, public defenders, and mental health and sub22 stance abuse agency representatives with respect to

23 the appropriate use of effective, community-based al24 ternatives to juvenile justice or mental health system

25 institutional placements; or
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1 ‘‘(2) providing training for State juvenile proba2 tion officers and community mental health and sub3 stance abuse program representatives on appropriate

4 linkages between probation programs and mental

5 health community programs, specifically focusing on

6 the identification of mental disorders and substance

7 abuse addiction in juveniles on probation, effective

8 treatment interventions for those disorders, and

9 making appropriate contact with mental health and

10 substance abuse case managers and programs in the

11 community, in order to ensure that juveniles on pro12 bation receive appropriate access to mental health

13 and substance abuse treatment programs and serv14 ices.

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

16 are authorized to be appropriated from the Violent Crime

17 Reduction Trust Fund, $50,000,000 for fiscal years 1999,

18 2000, 2001, 2002, and 2003 to carry out this section.’’.

19 SEC. 3. BLOCK GRANT FUNDING FOR TREATMENT AND DI20 VERSION PROGRAMS.

21 Part K of title II of the Juvenile Justice and Delin22 quency Prevention Act of 1974 (42 U.S.C. 5611 et seq.)

23 is amended by adding at the end the following:
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1 ‘‘SEC. 299BB. GRANTS FOR STATE PARTNERSHIPS.

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

3 Secretary of Health and Human Services shall make

4 grants to partnerships between State and local/county ju5 venile justice agencies and State and local mental health

6 authorities (or appropriate children service agencies) in

7 accordance with this section.

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

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

10 shall use such amounts for the establishment and imple11 mentation of programs that address the service needs of

12 juveniles who come into contact with the justice system

13 (including facilities contracted for operation by State or

14 local juvenile authorities) who have mental health or sub15 stance abuse problems, by requiring the following:

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

17 those juveniles from incarceration—

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

19 custody;

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

21 into custody;

22 ‘‘(C) after they are charged with an of23 fense or act of juvenile delinquency;

24 ‘‘(D) after they are adjudicated delinquent

25 but prior to case disposition; and
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1 ‘‘(E) after they are released from a juve2 nile facility, for the purposes of attending after3 care programs.

4 ‘‘(2) TREATMENT.—

5 ‘‘(A) SCREENING AND ASSESSMENT OF JU6 VENILES.—

7 ‘‘(i) IN GENERAL.—Initial mental

8 health screening shall be completed for all

9 juveniles immediately upon entering the ju10 venile justice system or a juvenile facility.

11 Screening shall be conducted by qualified

12 health and mental health professionals or

13 by staff who have been trained by qualified

14 health, mental health, and substance abuse

15 professionals. In the case of a screening by

16 staff, the screening results should be re17 viewed by qualified health, mental health

18 professionals not later than 24 hours after

19 the screening.

20 ‘‘(ii) ACUTE MENTAL ILLNESS.—Juve21 niles who suffer from acute mental dis22 orders, who are suicidal, or in need of de23 toxification shall be placed in or imme24 diately transferred to an appropriate medi25 cal or mental health facility. They shall be
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1 admitted to a secure correctional facility

2 only with written medical clearance.

3 ‘‘(iii) COMPREHENSIVE ASSESS4 MENT.—All juveniles entering the juvenile

5 justice system shall have a comprehensive

6 assessment conducted and an individual7 ized treatment plan written and imple8 mented within 2 weeks. This assessment

9 shall be conducted within 1 week for juve10 niles incarcerated in secure facilities. As11 sessments shall be completed by qualified

12 health, mental health, and substance abuse

13 professionals.

14 ‘‘(B) TREATMENT.—

15 ‘‘(i) IN GENERAL.—If the need for

16 treatment is indicated by the assessment of

17 a juvenile, the juvenile shall be referred to

18 or treated by a qualified professional. A ju19 venile who is currently receiving treatment

20 for a mental or emotional disorder shall

21 have treatment continued.

22 ‘‘(ii) PERIOD.—Treatment shall con23 tinue until additional mental health assess24 ment determines that the juvenile is no

25 longer in need of treatment. Treatment
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1 plans shall be reevaluated at least every 30

2 days.

3 ‘‘(iii) DISCHARGE PLAN.—An incar4 cerated juvenile shall have a discharge plan

5 prepared when the juvenile enters the cor6 rectional facility in order to integrate the

7 juvenile back into the family or the com8 munity. This plan shall be updated in con9 sultation with the juvenile’s family or

10 guardian before the juvenile leaves the fa11 cility. Discharge plans shall address the

12 provision of aftercare services.

13 ‘‘(iv) MEDICATION.—Any juvenile re14 ceiving psychotropic medications shall be

15 under the care of a licensed psychiatrist.

16 Psychotropic medications shall be mon17 itored regularly by trained staff for their

18 efficacy and side effects.

19 ‘‘(v) SPECIALIZED TREATMENT.—Spe20 cialized treatment and services shall be

21 continually available to a juvenile who—

22 ‘‘(I) has a history of mental

23 health problems or treatment;
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1 ‘‘(II) has a documented history

2 of sexual abuse or offenses, as victim

3 or as perpetrator;

4 ‘‘(III) has substance abuse prob5 lems, health problems, learning dis6 abilities, or histories of family abuse

7 or violence; or

8 ‘‘(IV) has developmental disabil9 ities.

10 ‘‘(C) MEDICAL AND MENTAL HEALTH

11 EMERGENCIES.—All correctional facilities shall

12 have written policies and procedures on suicide

13 prevention. All staff working in correctional fa14 cilities shall be trained and certified annually in

15 suicide prevention. Facilities shall have written

16 arrangements with a hospital or other facility

17 for providing emergency medical and mental

18 health care. Physical and mental health services

19 shall be available to an incarcerated juvenile 24

20 hours per day, 7 days per week.

21 ‘‘(D) CLASSIFICATION OF JUVENILES.—

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

23 shall classify and house juveniles in living

24 units according to a plan that includes age,

25 gender, offense, special medical or mental
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1 health condition, size, and vulnerability to

2 victimization. Younger, smaller, weaker,

3 and more vulnerable juveniles shall not be

4 placed in housing units with older, more

5 aggressive juveniles.

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

7 under 13 years old or who have serious

8 medical conditions or mental illness shall

9 not be placed in paramilitary boot camps.

10 ‘‘(E) CONFIDENTIALITY OF RECORDS.—

11 Mental health and substance abuse treatment

12 records of juveniles shall be treated as confiden13 tial and shall be excluded from the records that

14 States require to be routinely released to other

15 correctional authorities and school officials.

16 ‘‘(F) MANDATORY REPORTING.—States

17 shall keep records of the incidence and types of

18 mental health and substance abuse disorders in

19 their juvenile justice populations, the range and

20 scope of services provided, and barriers to serv21 ice. The State shall submit an analysis of this

22 information yearly to the Department of Jus23 tice.

24 ‘‘(G) STAFF RATIOS FOR CORRECTIONAL

25 FACILITIES.—Each secure correctional facility
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1 shall have a minimum ratio of no fewer than 1

2 mental health counselor to every 50 juveniles.

3 Mental health counselors shall be professionally

4 trained and certified or licensed. Each secure

5 correctional facility shall have a minimum ratio

6 of 1 clinical psychologist for every 100 juve7 niles. Each secure correctional facility shall

8 have a minimum ratio of 1 licensed psychiatrist

9 for every 100 juveniles receiving psychiatric

10 care.

11 ‘‘(H) USE OF FORCE.—

12 ‘‘(i) WRITTEN GUIDELINES.—All juve13 nile facilities shall have a written behav14 ioral management system based on incen15 tives and rewards to reduce misconduct

16 and to decrease the use of restraints and

17 seclusion by staff.

18 ‘‘(ii) LIMITATIONS ON RESTRAINT.—

19 Control techniques such as restraint, seclu20 sion, chemical sprays, and room confine21 ment shall be used only in response to ex22 treme threats to life or safety. Use of these

23 techniques shall be approved by the facility

24 superintendent or chief medical officer and

25 documented in the juvenile’s file along with
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1 the justification for use and the failure of

2 less restrictive alternatives.

3 ‘‘(iii) LIMITATION ON ISOLATION.—

4 Isolation and seclusion shall be used only

5 for immediate and short-term security or

6 safety reasons. No juvenile shall be placed

7 in isolation without approval of the facility

8 superintendent or chief medical officer or

9 their official staff designee. All cases shall

10 be documented in the juvenile’s file along

11 with the justification. A juvenile shall be in

12 isolation only the amount of time necessary

13 to achieve security and safety of the juve14 nile and staff. Staff shall monitor each ju15 venile in isolation once every 15 minutes

16 and conduct a professional review of the

17 need for isolation at least every 4 hours.

18 Any juvenile held in seclusion for 24 hours

19 shall be examined by a physician or li20 censed psychologist.

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

22 All juvenile facilities shall abide by all manda23 tory requirements and time lines set forth

24 under the Individuals with Disabilities Edu-
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1 cation Act and section 504 of the Rehabilitation

2 Act of 1973.

3 ‘‘(J) ADVOCACY ASSISTANCE.—

4 ‘‘(i) IN GENERAL.—The Secretary of

5 Health and Human Services shall make

6 grants to the systems established under

7 part C of the Developmental Disabilities

8 Assistance and Bill of Rights Act (42

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

10 health and special education services pro11 vided by grantees to juveniles under para12 graph (2) (A), (B), (C), (H), and (I) of

13 this section, and to advocate on behalf of

14 juveniles to assure that such services are

15 properly provided.

16 ‘‘(ii) APPROPRIATION.—The Secretary

17 of Health and Human Services will reserve

18 no less than 3 percent of the funds appro19 priated under this section for the purposes

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

21 ‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—

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

23 appropriated from the Violent Crime Reduction

24 Trust Fund, $500,000,000 for fiscal years 1999,
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1 2000, 2001, 2002, and 2003 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 1999 through 2003.’’.

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