I
107TH CONGRESS
1ST SESSION
H. R. 2198
To meet the mental health and substance abuse treatment needs of
incarcerated children and youth.
IN THE HOUSE OF REPRESENTATIVES
JUNE 14, 2001
Mr. GEORGE MILLER of California (for himself, Ms. KAPTUR, Mr. STRICK-
LAND, Mr. OLVER, Mr. STARK, Ms. JACKSON-LEE of Texas, Mr.
BALDACCI, 
Mr. 
DEFAZIO, 
Mr. 
MCGOVERN, 
Ms. 
ESHOO, 
Mrs.
CHRISTENSEN, Ms. MILLENDER-MCDONALD, Mr. FARR of California,
Mr. SANDLIN, Ms. WOOLSEY, Mrs. MALONEY of New York, Mr. BROWN
of Ohio, Mr. HILLIARD, Mr. WAXMAN, Mr. PAYNE, Mr. KENNEDY of
Rhode Island, Mr. KILDEE, Mr. BONIOR, Ms. MCKINNEY, Mr. LANTOS,
Mr. MCDERMOTT, Mr. RANGEL, Mr. FRANK, Ms. RIVERS, Ms.
SCHAKOWSKY, Ms. SOLIS, and Ms. CARSON of Indiana) introduced the
following bill; which was referred to the Committee on Education and the
Workforce, and in addition to the Committees on Energy and Commerce,
and the Judiciary, for a period to be subsequently determined by the
Speaker, in each case for consideration of such provisions as fall within
the jurisdiction of the committee concerned
A BILL
To meet the mental health and substance abuse treatment
needs of incarcerated children and youth.
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled,
SECTION 1. SHORT TITLE.
This Act may be cited as the ‘‘Mental Health Juve-
nile Justice Act’’.
SEC. 2. TRAINING OF JUSTICE SYSTEM PERSONNEL.
Title II of the Juvenile Justice and Delinquency Pre-
vention Act of 1974 (42 U.S.C. 5611 et seq.) is amended
by adding at the end the following:
‘‘PART K—ACCESS TO MENTAL HEALTH AND
SUBSTANCE ABUSE TREATMENT
‘‘SEC. 299AA. GRANTS FOR TRAINING OF JUSTICE SYSTEM
PERSONNEL.
‘‘(a) IN GENERAL.—The Administrator shall make
grants to State and local juvenile justice agencies in col-
laboration with State and local mental health agencies, for
purposes of training the officers and employees of the
State juvenile justice system (including employees of facili-
ties that are contracted for operation by State and local
juvenile authorities) regarding appropriate access to men-
tal health and substance abuse treatment programs and
services in the State for juveniles who come into contact
with the State juvenile justice system who have mental
health or substance abuse problems.
‘‘(b) USE OF FUNDS.—A State or local juvenile jus-
tice agency that receives a grant under this section may
use the grant for purposes of—
‘‘(1) providing cross-training, jointly with the
public mental health system, for State juvenile court
judges, public defenders, and mental health and sub-
stance abuse agency representatives with respect to
the appropriate use of effective, community-based al-
ternatives to juvenile justice or mental health system
institutional placements; or
‘‘(2) providing training for State juvenile proba-
tion officers and community mental health and sub-
stance abuse program representatives on appropriate
linkages between probation programs and mental
health community programs, specifically focusing on
the identification of mental disorders and substance
abuse addiction in juveniles on probation, effective
treatment interventions for those disorders, and
making appropriate contact with mental health and
substance abuse case managers and programs in the
community, in order to ensure that juveniles on pro-
bation receive appropriate access to mental health
and substance abuse treatment programs and serv-
ices.
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—There
are authorized to be appropriated from the Violent Crime
Reduction Trust Fund, $50,000,000 for fiscal years 2002,
2003, 2004, 2005, and 2006 to carry out this section.’’.
SEC. 3. BLOCK GRANT FUNDING FOR TREATMENT AND DI-
VERSION PROGRAMS.
Part K of title II of the Juvenile Justice and Delin-
quency Prevention Act of 1974 (42 U.S.C. 5611 et seq.),
as added by section 2, is amended by adding at the end
the following:
‘‘SEC. 299BB. GRANTS FOR STATE PARTNERSHIPS.
‘‘(a) IN GENERAL.—The Attorney General and the
Secretary of Health and Human Services shall make
grants to partnerships between State and local/county ju-
venile justice agencies and State and local mental health
authorities (or appropriate children service agencies) in
accordance with this section.
‘‘(b) USE OF FUNDS.—A partnership described in
subsection (a) that receives a grant under this section
shall use such amounts for the establishment and imple-
mentation of programs that address the service needs of
juveniles who come into contact with the justice system
(including facilities contracted for operation by State or
local juvenile authorities) who have mental health or sub-
stance abuse problems, by requiring the following:
‘‘(1) DIVERSION.—Appropriate diversion of
those juveniles from incarceration—
‘‘(A) at imminent risk of being taken into
custody;
‘‘(B) at the time they are initially taken
into custody;
‘‘(C) after they are charged with an of-
fense or act of juvenile delinquency;
‘‘(D) after they are adjudicated delinquent
but prior to case disposition; and
‘‘(E) after they are released from a juve-
nile facility, for the purposes of attending after-
care programs.
‘‘(2) TREATMENT.—
‘‘(A) SCREENING AND ASSESSMENT OF JU-
VENILES.—
‘‘(i) IN
GENERAL.—Initial mental
health screening shall be completed for all
juveniles immediately upon entering the ju-
venile justice system or a juvenile facility.
Screening shall be conducted by qualified
health and mental health professionals or
by staff who have been trained by qualified
health, mental health, and substance abuse
professionals. In the case of a screening by
staff, the screening results should be re-
viewed by qualified health, mental health
professionals not later than 24 hours after
the screening.
‘‘(ii) ACUTE MENTAL ILLNESS.—Juve-
niles who suffer from acute mental dis-
orders, who are suicidal, or in need of de-
toxification shall be placed in or imme-
diately transferred to an appropriate med-
ical or mental health facility. They shall be
admitted to a secure correctional facility
only with written medical clearance.
‘‘(iii) 
COMPREHENSIVE
ASSESS-
MENT.—All juveniles entering the juvenile
justice system shall have a comprehensive
assessment conducted and an individual-
ized treatment plan written and imple-
mented within 2 weeks. This assessment
shall be conducted within 1 week for juve-
niles incarcerated in secure facilities. As-
sessments shall be completed by qualified
health, mental health, and substance abuse
professionals.
‘‘(B) TREATMENT.—
‘‘(i) IN
GENERAL.—If the need for
treatment is indicated by the assessment of
a juvenile, the juvenile shall be referred to
or treated by a qualified professional. A ju-
venile who is currently receiving treatment
‘‘(v) SPECIALIZED TREATMENT.—Spe-
cialized treatment and services shall be
continually available to a juvenile who—
‘‘(I) has a history of mental
health problems or treatment;
‘‘(II) has a documented history
of sexual abuse or offenses, as victim
or as perpetrator;
‘‘(III) has substance abuse prob-
lems, health problems, learning dis-
abilities, or histories of family abuse
or violence; or
‘‘(IV) has developmental disabil-
ities.
‘‘(C) MEDICAL
AND
MENTAL
HEALTH
EMERGENCIES.—All correctional facilities shall
have written policies and procedures on suicide
prevention. All staff working in correctional fa-
cilities shall be trained and certified annually in
suicide prevention. Facilities shall have written
arrangements with a hospital or other facility
for providing emergency medical and mental
health care. Physical and mental health services
shall be available to an incarcerated juvenile 24
hours per day, 7 days per week.
‘‘(D) CLASSIFICATION OF JUVENILES.—
‘‘(i) IN GENERAL.—Juvenile facilities
shall classify and house juveniles in living
units according to a plan that includes age,
gender, offense, special medical or mental
health condition, size, and vulnerability to
victimization. Younger, smaller, weaker,
and more vulnerable juveniles shall not be
placed in housing units with older, more
aggressive juveniles.
‘‘(ii) BOOT CAMPS.—juveniles who are
under 13 years old or who have serious
medical conditions or mental illness shall
not be placed in paramilitary boot camps.
‘‘(E) CONFIDENTIALITY
OF
RECORDS.—
Mental health and substance abuse treatment
records of juveniles shall be treated as confiden-
tial and shall be excluded from the records that
States require to be routinely released to other
correctional authorities and school officials.
‘‘(F) 
MANDATORY
REPORTING.—States
shall keep records of the incidence and types of
mental health and substance abuse disorders in
their juvenile justice populations, the range and
scope of services provided, and barriers to serv-
ice. The State shall submit an analysis of this
information yearly to the Department of Jus-
tice.
‘‘(G) STAFF
RATIOS
FOR
CORRECTIONAL
FACILITIES.—Each secure correctional facility
shall have a minimum ratio of no fewer than
1 mental health counselor to every 50 juveniles.
Mental health counselors shall be professionally
trained and certified or licensed. Each secure
correctional facility shall have a minimum ratio
of 1 clinical psychologist for every 100 juve-
niles. Each secure correctional facility shall
have a minimum ratio of 1 licensed psychiatrist
for every 100 juveniles receiving psychiatric
care.
‘‘(H) USE OF FORCE.—
‘‘(i) WRITTEN GUIDELINES.—All juve-
nile facilities shall have a written behav-
ioral management system based on incen-
tives and rewards to reduce misconduct
and to decrease the use of restraints and
seclusion by staff.
‘‘(ii) LIMITATIONS ON RESTRAINT.—
Control techniques such as restraint, seclu-
sion, chemical sprays, and room confine-
ment shall be used only in response to ex-
treme threats to life or safety. Use of these
techniques shall be approved by the facility
superintendent or chief medical officer and
documented in the juvenile’s file along with
the justification for use and the failure of
less restrictive alternatives.
‘‘(iii) LIMITATION
ON
ISOLATION.—
Isolation and seclusion shall be used only
for immediate and short-term security or
safety reasons. No juvenile shall be placed
in isolation without approval of the facility
superintendent or chief medical officer or
their official staff designee. All cases shall
be documented in the juvenile’s file along
with the justification. A juvenile shall be in
isolation only the amount of time necessary
to achieve security and safety of the juve-
nile and staff. Staff shall monitor each ju-
venile in isolation once every 15 minutes
and conduct a professional review of the
need for isolation at least every 4 hours.
Any juvenile held in seclusion for 24 hours
shall be examined by a physician or li-
censed psychologist.
‘‘(I) IDEA AND REHABILITATION ACT.—
All juvenile facilities shall abide by all manda-
tory requirements and time lines set forth
under the Individuals with Disabilities Edu-
cation Act and section 504 of the Rehabilitation
Act of 1973.
‘‘(J) ADVOCACY ASSISTANCE.—
‘‘(i) IN GENERAL.—The Secretary of
Health and Human Services shall make
grants to the systems established under
part C of the Developmental Disabilities
Assistance and Bill of Rights Act (42
U.S.C. 6041 et seq.) to monitor the mental
health and special education services pro-
vided by grantees to juveniles under para-
graph (2) (A), (B), (C), (H), and (I) of
this section, and to advocate on behalf of
juveniles to assure that such services are
properly provided.
‘‘(ii) APPROPRIATION.—The Secretary
of Health and Human Services will reserve
no less than 3 percent of the funds appro-
priated under this section for the purposes
set forth in paragraph (2)(J)(i).
‘‘(c) AUTHORIZATION OF APPROPRIATIONS.—
‘‘(1) IN GENERAL.—There are authorized to be
appropriated from the Violent Crime Reduction
Trust Fund, $500,000,000 for fiscal years 2002,
2003, 2004, 2005, and 2006 to carry out this sec-
tion.
‘‘(2) ALLOCATION.—Of amounts appropriated
under paragraph (1)—
‘‘(A) 35 percent shall be used for diversion
programs under subsection (b)(1); and
‘‘(B) 65 percent shall be used for treat-
ment programs under subsection (b)(2).
‘‘(3) INCENTIVES.—The Attorney General and
the Secretary of Health and Human Services shall
give preference under subsection (b)(2) to partner-
ships that integrate treatment programs to serve ju-
veniles with co-occurring mental health and sub-
stance abuse disorders.
‘‘(4) WAIVERS.—The Attorney General and the
Secretary of Health and Human Services may grant
a waiver of requirements under subsection (b)(2) for
good cause.
‘‘SEC. 299CC. GRANTS FOR PARTNERSHIPS.
‘‘(a) IN GENERAL.—Any partnership desiring to re-
ceive a grant under this part shall submit an application
at such time, in such manner, and containing such infor-
mation as the Attorney General and the Secretary of
Health and Human Services may prescribe.
‘‘(b) CONTENTS.—In accordance with guidelines es-
tablished by the Attorney General and the Secretary of
Health and Human Services, each application submitted
under subsection (a) shall—
‘‘(1) set forth a program or activity for carrying
out one or more of the purposes specified in section
299BB(b) and specifically identify each such pur-
pose such program or activity is designed to carry
out;
‘‘(2) provide that such program or activity shall
be administered by or under the supervision of the
applicant;
‘‘(3) provide for the proper and efficient admin-
istration of such program or activity;
‘‘(4) provide for regular evaluation of such pro-
gram or activity;
‘‘(5) provide an assurance that the proposed
program or activity will supplement, not supplant,
similar programs and activities already available in
the community; and
‘‘(6) provide for such fiscal control and fund ac-
counting procedures as may be necessary to ensure
prudent use, proper disbursement, and accurate ac-
counting of funds receiving under this part.’’.
SEC. 4. INITIATIVE FOR COMPREHENSIVE, INTERSYSTEM
PROGRAMS.
Subpart 3 of part B of title V of the Public Health
Service Act (42 U.S.C. 290bb–31 et seq.) is amended by
adding at the end the following:
‘‘SEC. 520C. INITIATIVE FOR COMPREHENSIVE, INTER-
SYSTEM PROGRAMS.
‘‘(a) IN GENERAL.—The Attorney General and the
Secretary, acting through the Director of the Center for
Mental Health Services, shall award competitive grants to
eligible entities for programs that address the service
needs of juveniles and juveniles with serious mental ill-
nesses by requiring the State or local juvenile justice sys-
tem, the mental health system, and the substance abuse
treatment system to work collaboratively to ensure—
‘‘(1) the appropriate diversion of such juveniles
and juveniles from incarceration;
‘‘(2) the provision of appropriate mental health
and substance abuse services as an alternative to in-
carceration and for those juveniles on probation or
parole; and
‘‘(3) the provision of followup services for juve-
niles who are discharged from the juvenile justice
system.
‘‘(b) ELIGIBILITY.—To be eligible to receive a grant
under this section an entity shall—
‘‘(1) be a State or local juvenile justice agency,
mental health agency, or substance abuse agency
(including community diversion programs);
‘‘(2) prepare and submit to the Secretary an
application at such time, in such manner, and con-
taining such information as the Secretary may re-
quire, including—
‘‘(A) an assurance that the applicant has
the consent of all entities described in para-
graph (1) in carrying out and coordinating ac-
tivities under the grant; and
‘‘(B) with respect to services for juveniles,
an assurance that the applicant has collabo-
rated with the State or local educational agency
and the State or local welfare agency in car-
rying out and coordinating activities under the
grant;
‘‘(3) be given priority if it is a joint application
between juvenile justice and substance abuse or
mental health agencies; and
‘‘(4) ensure that funds from non-Federal
sources are available to match amounts provided
under the grant in an amount that is not less
than—
‘‘(A) with respect to the first 3 years
under the grant, 25 percent of the amount pro-
vided under the grant; and
‘‘(B) with respect to the fourth and fifth
years under the grant, 50 percent of the
amount provided under the grant.
‘‘(c) USE OF FUNDS.—
‘‘(1) INITIAL YEAR.—An entity that receives a
grant under this section shall, in the first fiscal year
in which amounts are provided under the grant, use
such amounts to develop a collaborative plan—
‘‘(A) for how the guarantee will institute a
system 
to 
provide 
intensive 
community
services—
‘‘(i) to prevent high-risk juveniles
from coming in contact with the justice
system; and
‘‘(ii) to meet the mental health and
substance abuse treatment needs of juve-
niles on probation or recently discharged
from the justice system; and
‘‘(B) providing for the exchange by agen-
cies of information to enhance the provision of
mental health or substance abuse services to ju-
veniles.
‘‘(2) 2–5TH YEARS.—With respect to the sec-
ond through fifth fiscal years in which amounts are
provided under the grant, the grantee shall use
amounts provided under the grant—
‘‘(A) to furnish services, such as assertive
community treatment, wrap-around services for
juveniles, multisystemic therapy, outreach, inte-
grated mental health and substance abuse
treatment, case management, health care, edu-
cation and job training, assistance in securing
stable housing, finding a job or obtaining in-
come support, other benefits, access to appro-
priate school-based services, transitional and
independent living services, mentoring pro-
grams, home-based services, and provision of
appropriate after school and summer pro-
graming;
‘‘(B) to establish a network of boundary
spanners to conduct regular meetings with
judges, provide liaison with mental health and
substance abuse workers, share and distribute
information, and coordinate with mental health
and substance abuse treatment providers, and
probation or parole officers concerning provision
of appropriate mental health and drug and alco-
hol addiction services for individuals on proba-
tion or parole;
‘‘(C) to provide cross-system training
among police, corrections, and mental health
and substance abuse providers with the purpose
of enhancing collaboration and the effectiveness
of all systems;
‘‘(D) to provide coordinated and effective
aftercare programs for juveniles with emotional
or mental disorders who are discharged from
jail, prison, or juvenile facilities;
‘‘(E) to purchase technical assistance to
achieve the grant project’s goals; and
‘‘(F) to furnish services, to train personnel
in collaborative approaches, and to enhance
intersystem collaboration.
‘‘(3) DEFINITION.—In paragraph (2)(B), the
term ‘boundary spanners’ means professionals who
act as case managers for juveniles with mental dis-
orders and substance abuse addictions, within both
justice agency facilities and community mental
health programs and who have full authority from
both systems to act as problem-solvers and advocates
on behalf of individuals targeted for service under
this program.
‘‘(d) AREA SERVED BY THE PROJECT.—An entity re-
ceiving a grant under this section shall conduct activities
under the grant to serve at least a single political jurisdic-
tion.
‘‘(e) AUTHORIZATION OF APPROPRIATIONS.—There
shall be made available to carry out the section, not less
than 10 percent of the amount appropriated under section
1935(a) for each of the fiscal years 2002 through 2006.’’.
SEC. 5. FEDERAL COORDINATING COUNCIL ON THE CRIM-
INALIZATION OF JUVENILES WITH MENTAL
DISORDERS.
(a) ESTABLISHMENT.—There is established a Fed-
eral Coordinating Council on Criminalization of Juveniles
With Mental Disorders as an interdepartmental council to
study and coordinate the criminal and juvenile justice and
mental health and substance abuse activities of the Fed-
eral Government and to report to Congress on proposed
new legislation to improve the treatment of mentally ill
juveniles who come in contact with the juvenile justice sys-
tem.
(b) MEMBERSHIP.—The Council shall include rep-
resentatives from—
(1) the appropriate Federal agencies, as deter-
mined by the President, including, at a minimum—
(A) the Office of the Secretary of Health
and Human Services;
(B) the Office for Juvenile Justice and De-
linquency Prevention;
(C) the National Institute of Mental
Health;
(D) the Social Security Administration;
(E) the Department of Education; and
(F) the Substance Abuse and Mental
Health Services Administration; and
(2) children’s mental health advocacy groups.
(c) DUTIES.—The Council shall—
(1) review Federal policies that hinder or facili-
tate coordination at the State and local level between
the mental health and substance abuse systems on
the one hand and the juvenile justice and corrections
system on the other;
(2) study the possibilities for improving collabo-
ration at the Federal, State, and local level among
these systems; and
(3) recommend to Congress any appropriate
new initiatives which require legislative action.
(d) FINAL REPORT.—The Council shall submit—
(1) an interim report on current coordination
and collaboration, or lack thereof, 18 months after
the Council is established; and
(2) recommendations for new initiatives in im-
proving coordination and collaboration in a final re-
port to Congress 2 years after the Council is estab-
lished.
(e) EXPIRATION.—The Council shall expire 2 years
after the Council is established.
SEC. 6. MENTAL HEALTH SCREENING AND TREATMENT
FOR PRISONERS.
(a) ADDITIONAL REQUIREMENTS FOR THE USE OF
FUNDS UNDER
THE VIOLENT OFFENDER INCARCER-
ATION AND TRUTH-IN-SENTENCING GRANTS PROGRAM.—
Section 20105(b) of the Violent Crime Control and Law
Enforcement Act of 1994 is amended to read as follows:
‘‘(b) ADDITIONAL REQUIREMENTS.—
‘‘(1) ELIGIBILITY FOR GRANT.—To be eligible
to receive a grant under section 20103 or 20104, a
State shall, not later than January 1, 2003, have a
program of mental health screening and treatment
for appropriate categories of juvenile and other of-
fenders during periods of incarceration and juvenile
and criminal justice supervision, that is consistent
with guidelines issued by the Attorney General.
‘‘(2) USE OF FUNDS.—
‘‘(A) IN GENERAL.—Notwithstanding any
other provision of this subtitle, amounts made
available to a State under section 20103 or
20104, may be applied to the costs of programs
described in paragraph (1), consistent with
guidelines issued by the Attorney General.
‘‘(B) ADDITIONAL
USE.—In addition to
being used as specified in subparagraph (A),
the funds referred to in that subparagraph may
be used by a State to pay the costs of providing
to the Attorney General a baseline study on the
mental health problems of juvenile offenders
and prisoners in the State, which study shall be
consistent with guidelines issued by the Attor-
ney General.’’.
SEC. 7. INAPPLICABILITY OF AMENDMENTS.
Section 3626 of title 18 is amended by adding at the
end the following:
‘‘(h) INAPPLICABILITY
OF AMENDMENTS.—A civil
action that seeks to remedy conditions which pose a threat
to the health of individuals who are—
‘‘(1) under the age of 16; or
‘‘(2) mentally ill;
shall be governed by the terms of this section, as in effect
on the day before the date of enactment of the Prison Liti-
gation Reform Act of 1995 and the amendments made by
that Act (18 U.S.C. 3601 note).’’.
Æ