IIB 
110TH CONGRESS 
2D SESSION 
H. R. 3992 
IN THE SENATE OF THE UNITED STATES 
JANUARY 24, 2008 
Received; read twice and referred to the Committee on the Judiciary 
AN ACT 
To amend title I of the Omnibus Crime Control and Safe 
Streets Act of 1968 to provide grants for the improved 
mental health treatment and services provided to offend-
ers with mental illnesses, and for other purposes. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
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SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Mentally Ill Offender Treatment and Crime Reduction 
Reauthorization and Improvement Act of 2008’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
Sec. 2. Findings. 
Sec. 3. Reauthorization of the Adult and Juvenile Collaboration Program 
Grants. 
Sec. 4. Law enforcement response to mentally ill offenders improvement grants. 
Sec. 5.
Effective treatment of female offenders with mental illnesses. 
Sec. 6. Grants to expand capabilities and effectiveness of correctional agency 
identification and treatment plans for mentally ill offenders. 
Sec. 7. Statewide planning grants to improve treatment of mentally ill offend-
ers. 
Sec. 8. Improving the mental health courts grant program. 
Sec. 9. Study and report on prevalence of mentally ill offenders. 
SEC. 2. FINDINGS. 
Congress finds the following: 
(1) Communities nationwide are struggling to 
respond to the high numbers of people with mental 
illnesses involved at all points in the criminal justice 
system. 
(2) A 1999 study by the Department of Justice 
estimated that 16 percent of people incarcerated in 
prisons and jails in the United States, which is more 
than 300,000 people, suffer from mental illnesses. 
(3) Rates of mental illness among women in jail 
are almost twice that of men. 
(4) Los Angeles County Jail and New York’s 
Rikers Island jail complex hold more people with 
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mental illnesses than the largest psychiatric inpa-
tient facilities in the United States. 
(5) State prisoners with a mental health prob-
lem are twice as likely as those without a mental 
health problem to have been homeless in the year be-
fore their arrest. 
(6) Reentry planning for inmates with mental 
illnesses is the least frequently endorsed mental 
health service by jail administrators. 
SEC. 3. REAUTHORIZATION OF THE ADULT AND JUVENILE 
COLLABORATION PROGRAM GRANTS. 
(a) AUTHORIZATION OF APPROPRIATIONS THROUGH 
2014.—Section 2991(h) of title I of the Omnibus Crime 
Control and Safe Streets Act of 1968 is amended— 
(1) in paragraph (1), by striking ‘‘and’’; 
(2) in paragraph (2), by striking ‘‘for fiscal 
years 2006 through 2009.’’ and inserting ‘‘for each 
of the fiscal years 2006 through 2007; and’’; and 
(3) by adding at the end the following new 
paragraph: 
‘‘(3) $75,000,000 for each of the fiscal years 
2008 through 2014.’’. 
(b) ALLOCATION OF FUNDING FOR ADMINISTRATIVE 
PURPOSES.—Section 2991(h) of such title is further 
amended— 
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(1) by redesignating paragraphs (1), (2), and 
(3) (as added by subsection (a)(3)) as subpara-
graphs (A), (B), and (C), respectively; 
(2) by striking ‘‘There are authorized’’ and in-
serting ‘‘(1) IN GENERAL.—There are authorized’’; 
and 
(3) by adding at the end the following new 
paragraph: 
‘‘(2) ALLOCATION OF FUNDING FOR ADMINISTRA-
TIVE PURPOSES.—For fiscal year 2008 and each subse-
quent fiscal year, of the amounts authorized under para-
graph (1) for such fiscal year, the Attorney General may 
obligate not more than 3 percent for the administrative 
expenses of the Attorney General in carrying out this sec-
tion for such fiscal year.’’. 
(c) NO MINIMUM ALLOCATION.—Section 2991 of 
such title is further amended by striking subsection (g) 
and redesignating subsection (h) as subsection (g). 
(d) ADDITIONAL APPLICATIONS RECEIVING PRI-
ORITY.—Subsection (c) of such section is amended to read 
as follows: 
‘‘(c) PRIORITY.—The Attorney General, in awarding 
funds under this section, shall give priority to applications 
that— 
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‘‘(1) promote effective strategies by law enforce-
ment to identify and to reduce risk of harm to men-
tally ill offenders and public safety; 
‘‘(2) promote effective strategies for identifica-
tion and treatment of female mentally ill offenders; 
or 
‘‘(3)(A) demonstrate the strongest commitment 
to ensuring that such funds are used to promote 
both public health and public safety; 
‘‘(B) demonstrate the active participation of 
each co-applicant in the administration of the col-
laboration program; 
‘‘(C) document, in the case of an application for 
a grant to be used in whole or in part to fund treat-
ment services for adults or juveniles during periods 
of incarceration or detention, that treatment pro-
grams will be available to provide transition and re- 
entry services for such individuals; and 
‘‘(D) have the support of both the Attorney 
General and the Secretary.’’. 
SEC. 4. LAW ENFORCEMENT RESPONSE TO MENTALLY ILL 
OFFENDERS IMPROVEMENT GRANTS. 
(a) IN GENERAL.—Part HH of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 is further 
amended by adding at the end the following new section: 
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‘‘SEC. 2992. LAW ENFORCEMENT RESPONSE TO MENTALLY 
ILL OFFENDERS IMPROVEMENT GRANTS. 
‘‘(a) AUTHORIZATION.—The Attorney General is au-
thorized to make grants to States, units of local govern-
ment, Indian tribes, and tribal organizations for the fol-
lowing purposes: 
‘‘(1) TRAINING
PROGRAMS.—To provide for 
programs that offer law enforcement personnel spe-
cialized and comprehensive training in procedures to 
identify and respond appropriately to incidents in 
which the unique needs of individuals with mental 
illnesses are involved. 
‘‘(2) RECEIVING CENTERS.—To provide for the 
development of specialized receiving centers to assess 
individuals in the custody of law enforcement per-
sonnel for mental health and substance abuse treat-
ment needs. 
‘‘(3) IMPROVED TECHNOLOGY.—To provide for 
computerized information systems (or to improve ex-
isting systems) to provide timely information to law 
enforcement personnel and criminal justice system 
personnel to improve the response of such respective 
personnel to mentally ill offenders. 
‘‘(4) COOPERATIVE PROGRAMS.—To provide for 
the establishment and expansion of cooperative ef-
forts by criminal and juvenile justice agencies and 
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mental health agencies to promote public safety 
through the use of effective interventions with re-
spect to mentally ill offenders. 
‘‘(5) CAMPUS
SECURITY
PERSONNEL
TRAIN-
ING.—To provide for programs that offer campus se-
curity personnel training in procedures to identify 
and respond appropriately to incidents in which the 
unique needs of individuals with mental illnesses are 
involved. 
‘‘(b) BJA TRAINING MODELS.—For purposes of sub-
section (a)(1), the Director of the Bureau of Justice As-
sistance shall develop training models for training law en-
forcement personnel in procedures to identify and respond 
appropriately to incidents in which the unique needs of 
individuals with mental illnesses are involved. 
‘‘(c) MATCHING FUNDS.—The Federal share of funds 
for a program funded by a grant received under this sec-
tion may not exceed 75 percent of the costs of the program 
unless the Attorney General waives, wholly or in part, such 
funding limitation. The non-Federal share of payments 
made for such a program may be made in cash or in-kind, 
fairly evaluated, including planned equipment or services. 
‘‘(d) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Department of 
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Justice to carry out this section $10,000,000 for each of 
the fiscal years 2008 through 2014.’’. 
(b) CONFORMING AMENDMENT.—Such part is fur-
ther amended by amending the part heading to read as 
follows: 
‘‘PART HH—GRANTS TO IMPROVE TREATMENT 
OF OFFENDERS WITH MENTAL ILLNESSES’’. 
SEC. 5. EFFECTIVE TREATMENT OF FEMALE OFFENDERS 
WITH MENTAL ILLNESSES. 
Part HH of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968, as amended by section 4, is fur-
ther amended by adding at the end the following new sec-
tion: 
‘‘SEC. 2993. GRANTS FOR THE EFFECTIVE TREATMENT OF 
FEMALE 
OFFENDERS 
WITH 
MENTAL 
ILL-
NESSES. 
‘‘(a) AUTHORIZATION.—The Attorney General is au-
thorized to make grants to States, units of local govern-
ment, Indian tribes, and tribal organizations to provide 
any of the following services, with respect to a female of-
fender with a mental illness: 
‘‘(1) Mental health treatment. 
‘‘(2) Intensive case management services that 
are coordinated and designed to provide the range of 
services needed to address treatment or assistance 
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needs of the offender, with respect to any criminal 
behavior, substance abuse, psychological abuse, 
physical abuse, housing, employment, and medical 
needs. 
‘‘(3) In the case that the offender has a child, 
family support services needed to ensure the mainte-
nance of a relationship between the offender and 
such child. 
‘‘(4) Related mental health services for any 
children of the offender, as needed. 
‘‘(b) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Department of 
Justice to carry out this section $5,000,000 for each of 
the fiscal years 2008 through 2014.’’. 
SEC. 6. GRANTS TO EXPAND CAPABILITIES AND EFFEC-
TIVENESS OF CORRECTIONAL AGENCY IDEN-
TIFICATION AND TREATMENT PLANS FOR 
MENTALLY ILL OFFENDERS. 
Part HH of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968, as amended by sections 4 and 
5, is further amended by adding at the end the following 
new section: 
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‘‘SEC. 2994. GRANTS TO EXPAND CAPABILITIES AND EFFEC-
TIVENESS 
OF 
CORRECTIONAL 
FACILITY 
IDENTIFICATION AND TREATMENT PLANS 
FOR MENTALLY ILL OFFENDERS. 
‘‘(a) AUTHORIZATION.—The Attorney General is au-
thorized to make grants to States, units of local govern-
ment, Indian tribes, and tribal organizations in accordance 
with this section for any of the following purposes: 
‘‘(1) To provide correctional facilities within the 
respective jurisdiction with the capacity (or improved 
capacity), with respect to inmates of such facilities 
who have mental illnesses, to— 
‘‘(A) assess the clinical and social needs of 
such inmates and the extent to which such in-
mates pose any public safety risks to the com-
munity; 
‘‘(B) plan for and provide treatment and 
services to address the unique needs of such in-
mates; 
‘‘(C) identify and coordinate with commu-
nity and correctional programs responsible for 
post-release services; and 
‘‘(D) coordinate the transition plans for 
such inmates to ensure the implementation of 
such plans and to avoid gaps in care with com-
munity-based services. 
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the individual and crisis involved, providing sup-
portive counseling to the individual, and referring 
the individual to appropriate community services to 
stabilize the individual’s condition and prevent arrest 
or incarceration, respectively. 
‘‘(8) To support forensic assertive community 
treatment teams for individuals with serious mental 
illnesses (as defined for purposes of title V of the 
Public Health Service Act) who reenter prison. 
‘‘(9) To provide for integrated mental health 
treatment and substance abuse treatment. 
‘‘(10)(A) To designate staff to assist inmates of 
correctional facilities within the respective jurisdic-
tion, in— 
‘‘(i) identifying benefits for which they 
may be eligible; and 
‘‘(ii) collecting necessary supporting mate-
rials (including medical records) and making 
applications for income support, health care, 
food stamps, veterans’ benefits, TANF, or other 
benefit programs. 
‘‘(B) To contract with local community mental 
health entities to perform the activities described in 
clauses (i) and (ii) of subparagraph (A). 
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‘‘(11) To work with the necessary agencies and 
entities for transition planning for such inmates re-
entering the community, including any needed appli-
cations and paperwork. 
‘‘(12) To assist such inmates to obtain, or if 
necessary create and prepare, photo identification 
documents for use upon release. 
‘‘(13) To create links with local community 
mental health providers for case management serv-
ices for inmates prior to their release from a correc-
tional facility in order to link them with housing, 
employment, and other key services and benefits. 
‘‘(b) REQUIREMENTS FOR APPLICATION.—To be eli-
gible to receive a grant under subsection (a) for a given 
fiscal year, an entity described in such subsection shall 
submit to the Attorney General an application in such 
form and manner and at such time as specified by the 
Attorney General. In addition to any other information 
specified by the Attorney General, such application shall 
contain the following information: 
‘‘(1) The number and percentage of offenders 
in prisons, jails, and juvenile facilities during the 
previous year— 
‘‘(A) who were in the custody of the juris-
diction involved; 
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‘‘(B) who required mental health treat-
ment; and 
‘‘(C) for whom the prison, jail, or juvenile 
facility involved provided such treatment. 
‘‘(2) A good faith estimate of the number and 
percentage of offenders in prisons, jails, and juvenile 
facilities who are predicted to meet the criteria de-
scribed in each of subparagraphs (A), (B), and (C) 
of paragraph (1) during such year, if the entity re-
ceives such grant for such year. 
‘‘(c) ALLOCATION OF GRANT AMOUNTS BASED ON 
MENTAL
HEALTH
TREATMENT
PERCENT
DEM-
ONSTRATED.—In allocating grant amounts under this sec-
tion, the Attorney General shall base the amount allocated 
to an entity for a fiscal year on the percent of offenders 
described in subsection (b) to whom the entity provided 
mental health treatment in the previous fiscal year, as 
demonstrated by the entity in its application under such 
subsection. 
‘‘(d) TECHNICAL ASSISTANCE.—The Attorney Gen-
eral may provide technical assistance to any entity award-
ed a grant under this section to establish or expand mental 
health treatment services under this section if such entity 
does not have any (or has only a few) prisons, jails, or 
juvenile facilities that offer such services. 
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‘‘(e) REPORTS.—An entity that receives a grant 
under subsection (a) during a fiscal year shall, not later 
than the last day of the following fiscal year, submit to 
the Attorney General a report that describes and assesses 
the uses of such grant. 
‘‘(f) AUTHORIZATION OF APPROPRIATIONS.—There 
are authorized to be appropriated to the Department of 
Justice to carry out this section $10,000,000 for each of 
the fiscal years 2008 through 2014.’’. 
SEC. 7. STATEWIDE PLANNING GRANTS TO IMPROVE 
TREATMENT OF MENTALLY ILL OFFENDERS. 
Part HH of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968, as amended by sections 4, 5, 
and 6, is further amended by adding at the end the fol-
lowing new section: 
‘‘SEC. 2995. PLANNING GRANTS TO IMPROVE TREATMENT 
OF MENTALLY ILL OFFENDERS. 
‘‘(a) AUTHORIZATION.—The Attorney General is au-
thorized to carry out a grant program under which the 
Attorney General makes grants to States, units of local 
government, territories, and Indian tribes for the following 
purposes, with respect to the treatment of offenders with 
mental illnesses: 
‘‘(1) To facilitate the coordination of treatment 
and services provided for such offenders by the State 
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and other units of government located within the 
State (including local, territorial, and tribal). 
‘‘(2) To provide for a State administrator (or 
other appropriate jurisdictional administrator) to co-
ordinate such treatment and services provided within 
the State (or other jurisdiction). 
‘‘(3) To develop a comprehensive plan for the 
provision of such treatment and services to such of-
fenders within such State. 
‘‘(4) To establish a coordinating center, with re-
spect to a State, to— 
‘‘(A) facilitate the sharing of information 
related to such treatment and services for such 
offenders among the jurisdictions located in 
such State; and 
‘‘(B) promote evidence-based practices for 
purposes of providing such treatment and serv-
ices. 
‘‘(b) APPLICATION.— 
‘‘(1) IN GENERAL.—To be eligible to receive a 
grant under this section, an entity described in sub-
section (a) shall submit to the Attorney General an 
application, in such form and manner and at such 
time as specified by the Attorney General, which 
shall include a proposal that describes how— 
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