Justice and Mental Health Collaboration Act of 2015

To reauthorize and improve the Mentally Ill Offender Treatment and Crime Reduction Act of 2004. 1. Short title This Act may be cited as the Justice and Mental Health Collaboration Act of 2015 2. Assisting veterans (a) Redesignation Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa (b) Assisting veterans Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa (i) Assisting veterans (1) Definitions In this subsection: (A) Peer to peer services or programs The term peer to peer services or programs (B) Qualified veteran The term qualified veteran (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 (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. . 3. Correctional facilities Section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa (j) Correctional facilities (1) Definitions (A) Correctional facility The term correctional facility (B) Eligible inmate The term eligible inmate (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-occurring mental health and substance abuse disorders. . 4. Academy training Section 2991(h) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa(h) (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-occurring 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. . 5. Evidence based practices Section 2991(c) of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa(c) (1) in paragraph (3), by striking or (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 . 6. 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) (1) in paragraph (7)— (A) in the heading, by striking Mental illness Mental illness; mental health disorder (B) by striking term mental illness terms mental illness mental health disorder (2) by striking paragraph (9) and inserting the following: (9) Preliminarily qualified offender (A) In general The term preliminarily qualified offender (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-occurring 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) has the meaning given that term in section 2991(a). (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. . 7. Reauthorization of appropriations Subsection (l) of section 2991 of the Omnibus Crime Control and Safe Streets Act of 1968 ( 42 U.S.C. 3797aa (1) in paragraph (1)— (A) in subparagraph (B), by striking and (B) in subparagraph (C), by striking the period and inserting ; and (C) by adding at the end the following: (D) $40,000,000 for each of fiscal years 2016 through 2020. ; 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). .

Summary: Justice and Mental Health Collaboration Act of 2015 Amends the Mentally Ill Offender Treatment and Crime Reduction Act of 2004 to: (1) expand the assistance provided under such Act, and (2) reauthorize appropriations for FY2016-FY2020. Authorizes the Attorney General to award grants to establish or expand: (1) veterans treatment court programs, which involve collaboration among criminal justice, veterans, and mental health and substance abuse agencies to provide qualified veterans (preliminarily qualified offenders who were discharged from the armed forces under conditions other than dishonorable) with intensive judicial supervision and case management, treatment services, alternatives to incarceration, and other appropriate services, including housing, transportation, job training, education, and assistance in obtaining benefits; (2) peer to peer services or programs to assist such veterans in obtaining treatment, recovery, stabilization, or rehabilitation; (3) practices that identify and provide treatment, rehabilitation, legal, transitional, and other appropriate services to such veterans who have been incarcerated; and (4) training programs to teach criminal justice, law enforcement, corrections, mental health, and substance abuse personnel how to identify and respond to incidents involving such veterans. Revises the definition of "preliminarily qualified offender" to include, in the case of a veterans treatment court program, an adult or juvenile accused of an offense who has been diagnosed with, or manifests obvious signs of, mental illness or a substance abuse disorder or co-occurring mental illness and substance abuse disorder. Removes a requirement that the adult or juvenile be accused of a nonviolent offense. Requires preliminarily qualified offenders to be unanimously approved for participation in a collaboration program by, when appropriate, the relevant prosecuting attorney, defense attorney, probation or corrections official, judge, and representative from the relevant mental health agency. Authorizes the Attorney General to award grants to enhance the capabilities of a correctional facility to: (1) identify and screen for mentally ill inmates; (2) plan and provide assessments of the clinical, medical, and social needs of inmates and appropriate treatment and services that address mental health and substance abuse needs; (3) develop, implement, and enhance post-release transition plans that coordinate services and public benefits, the availability of mental health care and substance abuse treatment services, alternatives to solitary confinement and segregated housing, and mental health screening and treatment for inmates placed in solitary confinement or segregated housing; and (4) train employees in identifying and responding to incidents involving inmates with mental health disorders or co-occurring mental health and substance abuse disorders. Authorizes the Attorney General to make grants to provide support for programs that teach law enforcement personnel how to identify and respond to incidents involving persons with such disorders. Directs the Attorney General to give priority in awarding grants for adult or juvenile collaboration programs to applications that: (1) propose interventions that have been shown by empirical evidence to reduce recidivism, and (2) use validated assessment tools to target preliminarily qualified offenders with a moderate or high risk of recidivism and a need for treatment and services.