I 
114TH CONGRESS 
1ST SESSION H. R. 3722 
To strengthen our mental health system and improve public safety. 
IN THE HOUSE OF REPRESENTATIVES 
OCTOBER 8, 2015 
Ms. MCSALLY (for herself, Mr. ASHFORD, Mr. CUELLAR, Mr. PETERSON, Mr. 
MCCAUL, Mrs. MIMI WALTERS of California, Mr. WALZ, and Mr. 
CURBELO of Florida) introduced the following bill; which was referred to 
the Committee on the Judiciary, and in addition to the Committees on 
Science, Space, and Technology, Veterans’ Affairs, Appropriations, and 
Armed Services, for a period to be subsequently determined by the Speak-
er, in each case for consideration of such provisions as fall within the ju-
risdiction of the committee concerned 
A BILL 
To strengthen our mental health system and improve public 
safety. 
Be it enacted by the Senate and House of Representa-
tives of the United States of America in Congress assembled, 
SECTION 1. SHORT TITLE; TABLE OF CONTENTS. 
(a) SHORT TITLE.—This Act may be cited as the 
‘‘Mental Health and Safe Communities Act of 2015’’. 
(b) TABLE OF CONTENTS.—The table of contents for 
this Act is as follows: 
Sec. 1. Short title; table of contents. 
VerDate Sep 11 2014 
03:49 Oct 14, 2015
Jkt 059200
PO 00000
Frm 00001
Fmt 6652
Sfmt 6211
E:\BILLS\H3722.IH
H3722
smartinez on DSK4TPTVN1PROD with BILLS
TITLE I—MENTAL HEALTH AND SAFE COMMUNITIES 
Sec. 101. Law enforcement grants for crisis intervention teams, mental health 
purposes, and fixing the background check system. 
Sec. 102. Assisted outpatient treatment programs. 
Sec. 103. Federal drug and mental health courts. 
Sec. 104. Mental health in the judicial system. 
Sec. 105. Forensic assertive community treatment initiatives. 
Sec. 106. Assistance for individuals transitioning out of systems. 
Sec. 107. Co-occurring substance abuse and mental health challenges in drug 
courts. 
Sec. 108. Mental health training for Federal uniformed services. 
Sec. 109. Advancing mental health as part of offender reentry. 
Sec. 110. School mental health crisis intervention teams. 
Sec. 111. Active-shooter training for law enforcement. 
Sec. 112. Co-occurring substance abuse and mental health challenges in resi-
dential substance abuse treatment programs. 
Sec. 113. Mental health and drug treatment alternatives to incarceration pro-
grams. 
Sec. 114. National criminal justice and mental health training and technical as-
sistance. 
Sec. 115. Improving Department of Justice data collection on mental illness in-
volved in crime. 
Sec. 116. Reports on the number of mentally ill offenders in prison. 
TITLE II—COMPREHENSIVE JUSTICE AND MENTAL HEALTH ACT 
Sec. 201. Short title. 
Sec. 202. Findings. 
Sec. 203. Sequential intercept model. 
Sec. 204. Veterans treatment courts. 
Sec. 205. Prison and jails. 
Sec. 206. Allowable uses. 
Sec. 207. Law enforcement training. 
Sec. 208. Federal law enforcement training. 
Sec. 209. GAO report. 
Sec. 210. Evidence-based practices. 
Sec. 211. Transparency, program accountability, and enhancement of local au-
thority. 
Sec. 212. Grant accountability. 
TITLE III—NICS REAUTHORIZATION AND NICS IMPROVEMENT 
Sec. 301. Reauthorization of NICS. 
Sec. 302. Definitions relating to mental health. 
Sec. 303. Incentives for State compliance with NICS mental health record re-
quirements. 
Sec. 304. Protecting the second amendment rights of veterans. 
Sec. 305. Applicability of amendments. 
Sec. 306. Clarification that Federal court information is to be made available 
to the national instant criminal background check system. 
TITLE IV—REAUTHORIZATIONS AND OFFSET 
Sec. 401. Reauthorization of appropriations. 
Sec. 402. Offset. 
VerDate Sep 11 2014 
03:49 Oct 14, 2015
Jkt 059200
PO 00000
Frm 00002
Fmt 6652
Sfmt 6211
E:\BILLS\H3722.IH
H3722
smartinez on DSK4TPTVN1PROD with BILLS
TITLE I—MENTAL HEALTH AND 
SAFE COMMUNITIES 
SEC. 101. LAW ENFORCEMENT GRANTS FOR CRISIS INTER-
VENTION 
TEAMS, 
MENTAL 
HEALTH 
PUR-
POSES, 
AND 
FIXING 
THE 
BACKGROUND 
CHECK SYSTEM. 
(a) EDWARD BYRNE MEMORIAL JUSTICE ASSIST-
ANCE GRANT PROGRAM.—Section 501(a)(1) of title I of 
the Omnibus Crime Control and Safe Streets Act of 1968 
(42 U.S.C. 3751(a)(1)) is amended by adding at the end 
the following: 
‘‘(H) Mental health programs and related 
law enforcement and corrections programs, in-
cluding behavioral programs and crisis interven-
tion teams. 
‘‘(I) Achieving compliance with the mental 
health records requirements of the NICS Im-
provement Amendments Act of 2007 (Public 
Law 110–180; 121 Stat. 2259).’’. 
(b) COMMUNITY
ORIENTED
POLICING
SERVICES 
PROGRAM.—Section 1701(b) of title I of the Omnibus 
Crime Control and Safe Streets Act of 1968 (42 U.S.C. 
3796dd(b)) is amended— 
(1) in paragraph (16), by striking ‘‘and’’ at the 
end; 
VerDate Sep 11 2014 
03:49 Oct 14, 2015
Jkt 059200
PO 00000
Frm 00003
Fmt 6652
Sfmt 6201
E:\BILLS\H3722.IH
H3722
smartinez on DSK4TPTVN1PROD with BILLS
(2) by redesignating paragraph (17) as para-
graph (21); 
(3) by inserting after paragraph (16) the fol-
lowing: 
‘‘(17) to provide specialized training to law en-
forcement officers to— 
‘‘(A) recognize individuals who have a 
mental illness; and 
‘‘(B) properly interact with individuals who 
have a mental illness, including strategies for 
verbal de-escalation of crises; 
‘‘(18) to establish collaborative programs that 
enhance the ability of law enforcement agencies to 
address the mental health, behavioral, and substance 
abuse problems of individuals encountered by law 
enforcement officers in the line of duty; 
‘‘(19) to provide specialized training to correc-
tions officers to recognize individuals who have a 
mental illness; 
‘‘(20) to enhance the ability of corrections offi-
cers to address the mental health of individuals 
under the care and custody of jails and prisons, in-
cluding specialized training and strategies for verbal 
de-escalation of crises; and’’; and 
VerDate Sep 11 2014 
03:49 Oct 14, 2015
Jkt 059200
PO 00000
Frm 00004
Fmt 6652
Sfmt 6201
E:\BILLS\H3722.IH
H3722
smartinez on DSK4TPTVN1PROD with BILLS
(4) in paragraph (21), as redesignated, by 
striking ‘‘through (16)’’ and inserting ‘‘through 
(20)’’. 
(c) MODIFICATIONS TO THE STAFFING FOR ADE-
QUATE FIRE AND EMERGENCY RESPONSE GRANTS.—Sec-
tion 34(a)(1)(B) of the Federal Fire Prevention and Con-
trol Act of 1974 (15 U.S.C. 2229a(a)(1)(B)) is amended 
by inserting before the period at the end the following: 
‘‘and to provide specialized training to paramedics, emer-
gency medical services workers, and other first responders 
to recognize individuals who have mental illness and how 
to properly intervene with individuals with mental illness, 
including strategies for verbal de-escalation of crises’’. 
SEC. 102. ASSISTED OUTPATIENT TREATMENT PROGRAMS. 
Section 2201 of title I of the Omnibus Crime Control 
and Safe Streets Act of 1968 (42 U.S.C. 3796ii) is amend-
ed— 
(1) by inserting ‘‘(a) IN GENERAL.—’’ before 
‘‘The Attorney General’’; 
(2) in paragraph (2)(B), by inserting before the 
semicolon the following: ‘‘, or court-ordered assisted 
outpatient treatment when the court has determined 
such treatment to be necessary’’; and 
(3) by adding at the end the following: 
‘‘(b) DEFINITIONS.—In this section: 
VerDate Sep 11 2014 
03:49 Oct 14, 2015
Jkt 059200
PO 00000
Frm 00005
Fmt 6652
Sfmt 6201
E:\BILLS\H3722.IH
H3722
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(1) COURT-ORDERED
ASSISTED
OUTPATIENT 
TREATMENT.—The term ‘court-ordered assisted out-
patient treatment’ means a program through which 
a court may order a treatment plan for an eligible 
patient that— 
‘‘(A) requires such patient to obtain out-
patient mental health treatment while the pa-
tient is living in a community; and 
‘‘(B) is designed to improve access and ad-
herence by such patient to intensive behavioral 
health services in order to— 
‘‘(i) avert relapse, repeated hos-
pitalizations, arrest, incarceration, suicide, 
property destruction, and violent behavior; 
and 
‘‘(ii) provide such patient with the op-
portunity to live in a less restrictive alter-
native to incarceration or involuntary hos-
pitalization. 
‘‘(2) ELIGIBLE
PATIENT.—The term ‘eligible 
patient’ means an adult, mentally ill person who, as 
determined by a court— 
‘‘(A) has a history of violence, incarcer-
ation, or medically unnecessary hospitalizations; 
VerDate Sep 11 2014 
03:49 Oct 14, 2015
Jkt 059200
PO 00000
Frm 00006
Fmt 6652
Sfmt 6201
E:\BILLS\H3722.IH
H3722
smartinez on DSK4TPTVN1PROD with BILLS
‘‘(B) without supervision and treatment, 
may be a danger to self or others in the com-
munity; 
‘‘(C) is substantially unlikely to voluntarily 
participate in treatment; 
‘‘(D) may be unable, for reasons other 
than indigence, to provide for any of his or her 
basic needs, such as food, clothing, shelter, 
health, or safety; 
‘‘(E) has a history of mental illness or con-
dition that is likely to substantially deteriorate 
if the patient is not provided with timely treat-
ment; or 
‘‘(F) due to mental illness, lacks capacity 
to fully understand or lacks judgment to make 
informed decisions regarding his or her need for 
treatment, care, or supervision.’’. 
SEC. 103. FEDERAL DRUG AND MENTAL HEALTH COURTS. 
(a) DEFINITIONS.—In this section— 
(1) the term ‘‘eligible offender’’ means a person 
who— 
(A)(i) previously or currently has been di-
agnosed by a qualified mental health profes-
sional as having a mental illness, mental retar-
VerDate Sep 11 2014 
03:49 Oct 14, 2015
Jkt 059200
PO 00000
Frm 00007
Fmt 6652
Sfmt 6201
E:\BILLS\H3722.IH
H3722
smartinez on DSK4TPTVN1PROD with BILLS
dation, or co-occurring mental illness and sub-
stance abuse disorders; or 
(ii) manifests obvious signs of mental ill-
ness, mental retardation, or co-occurring mental 
illness and substance abuse disorders during ar-
rest or confinement or before any court; and 
(B) is determined by a judge to be eligible; 
and 
(2) the term ‘‘mental illness’’ means a 
diagnosable mental, behavioral, or emotional dis-
order— 
(A) of sufficient duration to meet diag-
nostic criteria within the most recent edition of 
the Diagnostic and Statistical Manual of Men-
tal Disorders published by the American Psy-
chiatric Association; and 
(B) that has resulted in functional impair-
ment that substantially interferes with or limits 
1 or more major life activities. 
(b) ESTABLISHMENT OF PROGRAM.—Not later than 
1 year after the date of enactment of this Act, the Attor-
ney General shall establish a pilot program to determine 
the effectiveness of diverting eligible offenders from Fed-
eral prosecution, Federal probation, or a Bureau of Pris-
VerDate Sep 11 2014 
03:49 Oct 14, 2015
Jkt 059200
PO 00000
Frm 00008
Fmt 6652
Sfmt 6201
E:\BILLS\H3722.IH
H3722
smartinez on DSK4TPTVN1PROD with BILLS
ons facility, and placing such eligible offenders in drug or 
mental health courts. 
(c) PROGRAM SPECIFICATIONS.—The pilot program 
established under subsection (b) shall involve— 
(1) continuing judicial supervision, including 
periodic review, of program participants who have a 
substance abuse problem or mental illness; and 
(2) the integrated administration of services 
and sanctions, which shall include— 
(A) mandatory periodic testing, as appro-
priate, for the use of controlled substances or 
other addictive substances during any period of 
supervised release or probation for each pro-
gram participant; 
(B) substance abuse treatment for each 
program participant who requires such services; 
(C) diversion, probation, or other super-
vised release with the possibility of prosecution, 
confinement, or incarceration based on non-
compliance with program requirements or fail-
ure to show satisfactory progress; 
(D) programmatic offender management, 
including case management, and aftercare serv-
ices, such as relapse prevention, health care, 
education, vocational training, job placement, 
VerDate Sep 11 2014 
03:49 Oct 14, 2015
Jkt 059200
PO 00000
Frm 00009
Fmt 6652
Sfmt 6201
E:\BILLS\H3722.IH
H3722
smartinez on DSK4TPTVN1PROD with BILLS
housing placement, and child care or other fam-
ily support services for each program partici-
pant who requires such services; 
(E) outpatient or inpatient mental health 
treatment, as ordered by the court, that carries 
with it the possibility of dismissal of charges or 
reduced sentencing upon successful completion 
of such treatment; 
(F) centralized case management, includ-
ing— 
(i) the consolidation of all cases, in-
cluding violations of probations, of the pro-
gram participant; and 
(ii) coordination of all mental health 
treatment plans and social services, includ-
ing life skills and vocational training, hous-
ing and job placement, education, health 
care, and relapse prevention for each pro-
gram participant who requires such serv-
ices; and 
(G) continuing supervision of treatment 
plan compliance by the program participant for 
a term not to exceed the maximum allowable 
sentence or probation period for the charged or 
relevant offense and, to the extent practicable, 
VerDate Sep 11 2014 
03:49 Oct 14, 2015
Jkt 059200
PO 00000
Frm 00010
Fmt 6652
Sfmt 6201
E:\BILLS\H3722.IH
H3722
smartinez on DSK4TPTVN1PROD with BILLS
continuity of psychiatric care at the end of the 
supervised period. 
(d) IMPLEMENTATION; DURATION.—The pilot pro-
gram established under subsection (b) shall be con-
ducted— 
(1) in not less than 1 United States judicial 
district, designated by the Attorney General in con-
sultation with the Director of the Administrative Of-
fice of the United States Courts, as appropriate for 
the pilot program; and 
(2) during fiscal year 2017 through fiscal year 
2020. 
(e) CRITERIA FOR DESIGNATION.—Before making a 
designation under subsection (d)(1), the Attorney General 
shall— 
(1) obtain the approval, in writing, of the 
United States Attorney for the United States judi-
cial district being designated; 
(2) obtain the approval, in writing, of the chief 
judge for the United States judicial district being 
designated; and 
(3) determine that the United States judicial 
district being designated has adequate behavioral 
health systems for treatment, including substance 
abuse and mental health treatment. 
VerDate Sep 11 2014 
03:49 Oct 14, 2015
Jkt 059200
PO 00000
Frm 00011
Fmt 6652
Sfmt 6201
E:\BILLS\H3722.IH
H3722
smartinez on DSK4TPTVN1PROD with BILLS
(f) ASSISTANCE
FROM
OTHER
FEDERAL
ENTI-
TIES.—The Administrative Office of the United States 
Courts and the United States Probation Offices shall pro-
vide such assistance and carry out such functions as the 
Attorney General may request in monitoring, supervising, 
providing services to, and evaluating eligible offenders 
placed in a drug or mental health court under this section. 
(g) REPORTS.—The Attorney General, in consulta-
tion with the Director of the Administrative Office of the 
United States Courts, shall monitor the drug and mental 
health courts under this section, and shall submit a report 
to Congress on the outcomes of the program at the end 
of the period described in subsection (d)(2). 
SEC. 104. MENTAL HEALTH IN THE JUDICIAL SYSTEM. 
Part V of title I of the Omnibus Crime Control and 
Safe Streets Act of 1968 (42 U.S.C. 3796ii et seq.) is 
amended by inserting at the end the following: 
‘‘SEC. 2209. MENTAL HEALTH RESPONSES IN THE JUDICIAL 
SYSTEM. 
‘‘(a) PRETRIAL SCREENING AND SUPERVISION.— 
‘‘(1) IN GENERAL.—The Attorney General may 
award grants to States, units of local government, 
territories, Indian Tribes, nonprofit agencies, or any 
combination thereof, to develop, implement, or ex-
pand pretrial services programs to improve the iden-
VerDate Sep 11 2014 
22:28 Oct 15, 2015
Jkt 059200
PO 00000
Frm 00012
Fmt 6652
Sfmt 6201
E:\BILLS\H3722.IH
H3722
smartinez on DSK4TPTVN1PROD with BILLS
tification and outcomes of individuals with mental 
illness. 
‘‘(2) 
ALLOWABLE
USES.—Grants 
awarded 
under this subsection may be used for— 
‘‘(A) universal behavioral health needs and 
risk 
screening 
of 
defendants, 
including 
verification of interview information, mental 
health evaluation, and criminal history screen-
ing; 
‘‘(B) assessment of risk of pretrial mis-
conduct through objective, statistically validated 
means, and presentation to the court of rec-
ommendations based on such assessment, in-
cluding services that will reduce the risk of pre-
trial misconduct; 
‘‘(C) follow-up review of defendants unable 
to meet the conditions of release; 
‘‘(D) evaluation of process and results of 
pretrial service programs; 
‘‘(E) supervision of defendants who are on 
pretrial release, including reminders to defend-
ants of scheduled court dates; 
‘‘(F) reporting on process and results of 
pretrial services programs to relevant public 
and private mental health stakeholders; and 
VerDate Sep 11 2014 
03:49 Oct 14, 2015
Jkt 059200
PO 00000
Frm 00013
Fmt 6652
Sfmt 6201
E:\BILLS\H3722.IH
H3722
smartinez on DSK4TPTVN1PROD with BILLS