,,ii #aadth ,,congress #ast ,session ,s4 #bjjb ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,august #e1 #bjae ,mr4 ,cornyn introduced the following bill2 which was read twice and referred to the ,committee on the ,judiciary ,a ,,bill ,to strengthen our mental health system and improve public safety4 #a4 ,short title2 table of contents 7a7 ,short title ,this ,act may be cited as the ,mental ,health and ,safe ,communities ,act of #bjae4 7b7 ,table of contents ,the table of contents for this ,act is as follows3 ,sec4 #a4 ,short title2 table of contents4 ,,title ,i--,mental health and safe communities ,sec4 #aja4 ,law enforcement grants for crisis intervention teams1 mental health purposes1 and fixing the background check system4 ,sec4 #ajb4 ,assisted outpatient treatment programs4 ,sec4 #ajc4 ,federal drug and mental health courts4 ,sec4 #ajd4 ,mental health in the judicial system4 ,sec4 #aje4 ,forensic assertive community treatment initiatives4 ,sec4 #ajf4 ,assistance for individuals transitioning out of systems4 ,sec4 #ajg4 ,co-occurring substance abuse and mental health challenges in drug courts4 ,sec4 #ajh4 ,mental health training for ,federal uniformed services4 ,sec4 #aji4 ,advancing mental health as part of offender reentry4 ,sec4 #aaj4 ,school mental health crisis intervention teams4 ,sec4 #aaa4 ,active-shooter training for law enforcement4 ,sec4 #aab4 ,co-occurring substance abuse and mental health challenges in residential substance abuse treatment programs4 ,sec4 #aac4 ,mental health and drug treatment alternatives to incarceration programs4 ,sec4 #aad4 ,national criminal justice and mental health training and technical assistance4 ,sec4 #aae4 ,improving ,department of ,justice data collection on mental illness involved in crime4 ,sec4 #aaf4 ,reports on the number of mentally ill offenders in prison4 ,,title ,,ii--,comprehensive ,justice and ,mental ,health ,act ,sec4 #bja4 ,short title4 ,sec4 #bjb4 ,findings4 ,sec4 #bjc4 ,sequential intercept model4 ,sec4 #bjd4 ,veterans treatment courts4 ,sec4 #bje4 ,prison and jails4 ,sec4 #bjf4 ,allowable uses4 ,sec4 #bjg4 ,law enforcement training4 ,sec4 #bjh4 ,federal law enforcement training4 ,sec4 #bji4 ,,gao report4 ,sec4 #baj4 ,evidence-based practices4 ,sec4 #baa4 ,transparency1 program accountability1 and enhancement of local authority4 ,sec4 #bab4 ,grant accountability4 ,,title ,,iii--,,nics reauthorization and ,,nics improvement ,sec4 #cja4 ,reauthorization of ,,nics4 ,sec4 #cjb4 ,definitions relating to mental health4 ,sec4 #cjc4 ,incentives for ,state compliance with ,,nics mental health record requirements4 ,sec4 #cjd4 ,protecting the second amendment rights of veterans4 ,sec4 #cje4 ,applicability of amendments4 ,sec4 #cjf4 ,clarification that ,federal court information is to be made available to the national instant criminal background check system4 ,,title ,,iv--,reauthorizations and offset ,sec4 #dja4 ,reauthorization of appropriations4 ,sec4 #djb4 ,offset4 ,i ,mental health and safe communities #aja4 ,law enforcement grants for crisis intervention teams1 mental health purposes1 and fixing the background check system 7a7 ,edward ,byrne ,memorial ,justice ,assistance ,grant ,program ,section #eja7;a77#a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgea7;a77#a77 is amended by adding at the end the following3 7,h7 ,mental health programs and related law enforcement and corrections programs1 including behavioral programs and crisis intervention teams4 7,i7 ,achieving compliance with the mental health records requirements of the ,,nics ,improvement ,amendments ,act of #bjjg 7,public ,law #aaj-ahj2 #aba ,stat4 #bbei74 4 7b7 ,community ,oriented ,policing ,services ,program ,section #agja7;b7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;dd7b77 is amended-- 7#a7 in paragraph 7#af71 by striking and at the end2 7#b7 by redesignating paragraph 7#ag7 as paragraph 7#ba72 7#c7 by inserting after paragraph 7#af7 the following3 7#ag7 to provide specialized training to law enforcement officers to-- 7,a7 recognize individuals who have a mental illness2 and 7,b7 properly interact with individuals who have a mental illness1 including strategies for verbal de-escalation of crises2 7#ah7 to establish collaborative programs that enhance the ability of law enforcement agencies to address the mental health1 behavioral1 and substance abuse problems of individuals encountered by law enforcement officers in the line of duty2 7#ai7 to provide specialized training to corrections officers to recognize individuals who have a mental illness2 7#bj7 to enhance the ability of corrections officers to address the mental health of individuals under the care and custody of jails and prisons1 including specialized training and strategies for verbal de-escalation of crises2 and 2 and 7#d7 in paragraph 7#ba71 as redesignated1 by striking through 7#af7 and inserting through 7#bj74 7c7 ,modifications to the staffing for adequate fire and emergency response grants ,section #cd7;a77#a77;,b7 of the ,federal ,fire ,prevention and ,control ,act of #aigd 7#ae ,u4,s4,c4 #bbbi;a7a77#a77;,b77 is amended by inserting before the period at the end the following3 and to provide specialized training to paramedics1 emergency medical services workers1 and other first responders to recognize individuals who have mental illness and how to properly intervene with individuals with mental illness1 including strategies for verbal de-escalation of crises4 #ajb4 ,assisted outpatient treatment programs ,section #bbja of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;ii7 is amended-- 7#a7 by inserting 7a7 ,in general4-- before ,the ,attorney ,general2 7#b7 in paragraph 7#b77;,b71 by inserting before the semicolon the following3 1 or court-ordered assisted outpatient treatment when the court has determined such treatment to be necessary2 and 7#c7 by adding at the end the following3 7b7 ,definitions ,in this section3 7#a7 ,court-ordered assisted outpatient treatment ,the term court-ordered assisted outpatient treatment means a program through which a court may order a treatment plan for an eligible patient that-- 7,a7 requires such patient to obtain outpatient mental health treatment while the patient is living in a community2 and 7,b7 is designed to improve access and adherence by such patient to intensive behavioral health services in order to-- 7i7 avert relapse1 repeated hospitalizations1 arrest1 incarceration1 suicide1 property destruction1 and violent behavior2 and 7ii7 provide such patient with the opportunity to live in a less restrictive alternative to incarceration or involuntary hospitalization4 7#b7 ,eligible patient ,the term eligible patient means an adult1 mentally ill person who1 as determined by a court-- 7,a7 has a history of violence1 incarceration1 or medically unnecessary hospitalizations2 7,b7 without supervision and treatment1 may be a danger to self or others in the community2 7,c7 is substantially unlikely to voluntarily participate in treatment2 7,d7 may be unable1 for reasons other than indigence1 to provide for any of his or her basic needs1 such as food1 clothing1 shelter1 health1 or safety2 7,e7 has a history of mental illness or condition that is likely to substantially deteriorate if the patient is not provided with timely treatment2 or 7,f7 due to mental illness1 lacks capacity to fully understand or lacks judgment to make informed decisions regarding his or her need for treatment1 care1 or supervision4 4 #ajc4 ,federal drug and mental health courts 7a7 ,definitions ,in this section-- 7#a7 the term eligible offender means a person who-- 7,a7 7i7 previously or currently has been diagnosed by a qualified mental health professional as having a mental illness1 mental retardation1 or co-occurring mental illness and substance abuse disorders2 or 7ii7 manifests obvious signs of mental illness1 mental retardation1 or co-occurring mental illness and substance abuse disorders during arrest or confinement or before any court2 and 7,b7 is determined by a judge to be eligible2 and 7#b7 the term mental illness means a diagnosable mental1 behavioral1 or emotional disorder-- 7,a7 of sufficient duration to meet diagnostic criteria within the most recent edition of the ,diagnostic and ,statistical ,manual of ,mental ,disorders published by the ,american ,psychiatric ,association2 and 7,b7 that has resulted in functional impairment that substantially interferes with or limits #a or more major life activities4 7b7 ,establishment of program ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall establish a pilot program to determine the effectiveness of diverting eligible offenders from ,federal prosecution1 ,federal probation1 or a ,bureau of ,prisons facility1 and placing such eligible offenders in drug or mental health courts4 7c7 ,program specifications ,the pilot program established under subsection 7b7 shall involve-- 7#a7 continuing judicial supervision1 including periodic review1 of program participants who have a substance abuse problem or mental illness2 and 7#b7 the integrated administration of services and sanctions1 which shall include-- 7,a7 mandatory periodic testing1 as appropriate1 for the use of controlled substances or other addictive substances during any period of supervised release or probation for each program participant2 7,b7 substance abuse treatment for each program participant who requires such services2 7,c7 diversion1 probation1 or other supervised release with the possibility of prosecution1 confinement1 or incarceration based on noncompliance with program requirements or failure to show satisfactory progress2 7,d7 programmatic offender management1 including case management1 and aftercare services1 such as relapse prevention1 health care1 education1 vocational training1 job placement1 housing placement1 and child care or other family support services for each program participant who requires such services2 7,e7 outpatient or inpatient mental health treatment1 as ordered by the court1 that carries with it the possibility of dismissal of charges or reduced sentencing upon successful completion of such treatment2 7,f7 centralized case management1 including-- 7i7 the consolidation of all cases1 including violations of probations1 of the program participant2 and 7ii7 coordination of all mental health treatment plans and social services1 including life skills and vocational training1 housing and job placement1 education1 health care1 and relapse prevention for each program participant who requires such services2 and 7,g7 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 and1 to the extent practicable1 continuity of psychiatric care at the end of the supervised period4 7d7 ,implementation2 duration ,the pilot program established under subsection 7b7 shall be conducted-- 7#a7 in not less than #a ,united ,states judicial district1 designated by the ,attorney ,general in consultation with the ,director of the ,administrative ,office of the ,united ,states ,courts1 as appropriate for the pilot program2 and 7#b7 during fiscal year #bjag through fiscal year #bjbj4 7e7 ,criteria for designation ,before making a designation under subsection 7d77#a71 the ,attorney ,general shall-- 7#a7 obtain the approval1 in writing1 of the ,united ,states ,attorney for the ,united ,states judicial district being designated2 7#b7 obtain the approval1 in writing1 of the chief judge for the ,united ,states judicial district being designated2 and 7#c7 determine that the ,united ,states judicial district being designated has adequate behavioral health systems for treatment1 including substance abuse and mental health treatment4 7f7 ,assistance from other ,federal entities ,the ,administrative ,office of the ,united ,states ,courts and the ,united ,states ,probation ,offices shall provide such assistance and carry out such functions as the ,attorney ,general may request in monitoring1 supervising1 providing services to1 and evaluating eligible offenders placed in a drug or mental health court under this section4 7g7 ,reports ,the ,attorney ,general1 in consultation with the ,director of the ,administrative ,office of the ,united ,states ,courts1 shall monitor the drug and mental health courts under this section1 and shall submit a report to ,congress on the outcomes of the program at the end of the period described in subsection 7d77#b74 #ajd4 ,mental health in the judicial system ,part ,v of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aihf 7#db ,u4,s4,c4 #cgif;ii et seq47 is amended by inserting at the end the following3 #bbji4 ,mental health responses in the judicial system 7a7 ,pretrial screening and supervision 7#a7 ,in general ,the ,attorney ,general may award grants to ,states1 units of local government1 territories1 ,indian ,tribes1 nonprofit agencies1 or any combination thereof1 to develop1 implement1 or expand pretrial services programs to improve the identification and outcomes of individuals with mental illness4 7#b7 ,allowable uses ,grants awarded under this subsection may be may be used for-- 7,a7 universal behavioral health needs and risk screening of defendants1 including verification of interview information1 mental health evaluation1 and criminal history screening2 7,b7 assessment of risk of pretrial misconduct through objective1 statistically validated means1 and presentation to the court of recommendations based on such assessment1 including services that will reduce the risk of pretrial misconduct2 7,c7 follow-up review of defendants unable to meet the conditions of release2 7,d7 evaluation of process and results of pretrial service programs2 7,e7 supervision of defendants who are on pretrial release1 including reminders to defendants of scheduled court dates2 7,f7 reporting on process and results of pretrial services programs to relevant public and private mental health stakeholders2 and 7,g7 data collection and analysis necessary to make available information required for assessment of risk4 7b7 ,behavioral health assessments and intervention 7#a7 ,in general ,the ,attorney ,general may award grants to ,states1 units of local government1 territories1 ,indian ,tribes1 nonprofit agencies1 or any combination thereof1 to develop1 implement1 or expand a behavioral health screening and assessment program framework for ,state or local criminal justice systems4 7#b7 ,allowable uses ,grants awarded under this subsection may be used for-- 7,a7 promotion of the use of validated assessment tools to gauge the criminogenic risk1 substance abuse needs1 and mental health needs of individuals2 7,b7 initiatives to match the risk factors and needs of individuals to programs and practices associated with research-based1 positive outcomes2 7,c7 implementing methods for identifying and treating individuals who are most likely to benefit from coordinated supervision and treatment strategies1 and identifying individuals who can do well with fewer interventions2 and 7,d7 collaborative decisionmaking among system leaders1 including the relevant criminal justice agencies1 mental health systems1 judicial systems1 and substance abuse systems1 for determining how treatment and intensive supervision services should be allocated in order to maximize benefits1 and developing and utilizing capacity accordingly4 7c7 ,restrictions on use of grant funds 7#a7 ,in general ,a ,state1 unit of local government1 territory1 ,indian ,tribe1 or nonprofit agency that receives a grant under this section shall1 in accordance with subsection 7b77#b71 use grant funds for the expenses of a treatment program1 including-- 7,a7 salaries1 personnel costs1 equipment costs1 and other costs directly related to the operation of the program1 including costs relating to enforcement2 7,b7 payments for treatment providers that are approved by the ,state or ,indian ,tribe and licensed1 if necessary1 to provide needed treatment to program participants1 including aftercare supervision1 vocational training1 education1 and job placement2 and 7,c7 payments to public and nonprofit private entities that are approved by the ,state or ,indian ,tribe and licensed1 if necessary1 to provide alcohol and drug addiction treatment to offenders participating in the program4 7d7 ,supplement of non-,federal funds 7#a7 ,in general ,grants awarded under this section shall be used to supplement1 and not supplant1 non-,federal funds that would otherwise be available for programs described in this section4 7#b7 ,federal share ,the ,federal share of a grant made under this section may not exceed #ej percent of the total costs of the program described in an application under subsection 7e74 7e7 ,applications ,to request a grant under this section1 a ,state1 unit of local government1 territory1 ,indian ,tribe1 or nonprofit agency shall submit an application to the ,attorney ,general in such form and containing such information as the ,attorney ,general may reasonably require4 7f7 ,geographic distribution ,the ,attorney ,general shall ensure that1 to the extent practicable1 the distribution of grants under this section is equitable and includes-- 7#a7 each ,state2 and 7#b7 a unit of local government1 territory1 ,indian ,tribe1 or nonprofit agency-- 7,a7 in each ,state2 and 7,b7 in rural1 suburban1 ,tribal1 and urban jurisdictions4 7g7 ,reports and evaluations ,for each fiscal year1 each grantee under this section during that fiscal year shall submit to the ,attorney ,general a report on the effectiveness of activities carried out using such grant4 ,each report shall include an evaluation in such form and containing such information as the ,attorney ,general may reasonably require4 ,the ,attorney ,general shall specify the dates on which such reports shall be submitted4 7h7 ,accountability ,grants awarded under this section shall be subject to the following accountability provisions3 7#a7 ,audit requirement 7,a7 ,definition ,in this paragraph1 the term unresolved audit finding means a finding in the final audit report of the ,inspector ,general of the ,department of ,justice under subparagraph 7,c7 that the audited grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within #a year after the date on which final audit report is issued4 7,b7 ,audits ,beginning in the first fiscal year beginning after the date of enactment of this section1 and in each fiscal year thereafter1 the ,inspector ,general of the ,department of ,justice shall conduct audits of grantees under this section to prevent waste1 fraud1 and abuse of funds by grantees4 ,the ,inspector ,general shall determine the appropriate number of grantees to be audited each year4 7,c7 ,final audit report ,the ,inspector ,general of the ,department of ,justice shall submit a final report on each audit conducted under subparagraph 7,b74 7,d7 ,mandatory exclusion ,grantees under this section about which there is an unresolved audit finding shall not be eligible to receive a grant under this section during the #b fiscal years beginning after the end of the #a-year period described in subparagraph 7,a74 7,e7 ,priority ,in making grants under this section1 the ,attorney ,general shall give priority to applicants that did not have an unresolved audit finding during the #c fiscal years before submitting an application for a grant under this section4 7,f7 ,reimbursement ,if an entity receives a grant under this section during the #b-;fiscal-year period during which the entity is prohibited from receiving grants under subparagraph 7,d71 the ,attorney ,general shall-- 7i7 deposit an amount equal to the amount of the grant that was improperly awarded to the grantee into the ,general ,fund of the ,treasury2 and 7ii7 seek to recoup the costs of the repayment under clause 7i7 from the grantee that was erroneously awarded grant funds4 7#b7 ,nonprofit agency requirements 7,a7 ,definition ,for purposes of this paragraph and the grant program under this section1 the term nonprofit agency means an organization that is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #eja7;c77#c77 and is exempt from taxation under section #eja7;a7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #eja7;a774 7,b7 ,prohibition ,the ,attorney ,general may not award a grant under this section to a nonprofit agency that holds money in an offshore account for the purpose of avoiding paying the tax described in section #eaa7;a7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #eaa7;a774 7,c7 ,disclosure ,each nonprofit agency that is awarded a grant under this section and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers1 directors1 trustees1 and key employees1 shall disclose to the ,attorney ,general1 in the application for the grant1 the process for determining such compensation1 including the independent persons involved in reviewing and approving such compensation1 the comparability data used1 and contemporaneous substantiation of the deliberation and decision4 ,upon request1 the ,attorney ,general shall make the information disclosed under this subparagraph available for public inspection4 7#c7 ,conference expenditures 7,a7 ,limitation ,not more than #bj1jjj of the amounts made available to the ,department of ,justice to carry out this section may be used by the ,attorney ,general1 or by any individual or entity awarded a grant under this section to host1 or make any expenditures relating to1 a conference unless the ,deputy ,attorney ,general provides prior written authorization that the funds may be expended to host the conference or make such expenditure4 7,b7 ,written approval ,written approval under subparagraph 7,a7 shall include a written estimate of all costs associated with the conference1 including the cost of all food1 beverages1 audio-visual equipment1 honoraria for speakers1 and entertainment4 7,c7 ,report ,the ,deputy ,attorney ,general shall submit an annual report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives on all conference expenditures approved under this paragraph4 7#d7 ,annual certification ,beginning in the first fiscal year beginning after the date of enactment of this subsection1 the ,attorney ,general shall submit to the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,senate and the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,house of ,representatives an annual certification-- 7,a7 indicating whether-- 7i7 all final audit reports issued by the ,office of the ,inspector ,general under paragraph 7#a7 have been completed and reviewed by the appropriate ,assistant ,attorney ,general or ,director2 7ii7 all mandatory exclusions required under paragraph 7#a77;,d7 have been issued2 and 7iii7 any reimbursements required under paragraph 7#a77;,f7 have been made2 and 7,b7 that includes a list of any grantees excluded under paragraph 7#a77;,d7 from the previous year4 7i7 ,preventing duplicative grants 7#a7 ,in general ,before the ,attorney ,general awards a grant to an applicant under this section1 the ,attorney ,general shall compare the possible grant with any other grants awarded to the applicant under this ,act to determine whether the grants are for the same purpose4 7#b7 ,report ,if the ,attorney ,general awards multiple grants to the same applicant for the same purpose1 the ,attorney ,general shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report that includes-- 7,a7 a list of all duplicate grants awarded1 including the total dollar amount of any such grants awarded2 and 7,b7 the reason the ,attorney ,general awarded the duplicate grants4 4 #aje4 ,forensic assertive community treatment initiatives ,section #biia of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgig;aa7 is amended by inserting after subsection 7k71 as added by section #bje1 the following3 7l7 ,forensic ,assertive ,community ,treatment 7,,fact7 ,initiative ,program 7#a7 ,in general ,the ,attorney ,general may make grants to ,states1 units of local government1 territories1 ,indian ,tribes1 nonprofit agencies1 or any combination thereof1 to develop1 implement1 or expand ,assertive ,community ,treatment initiatives to develop forensic assertive community treatment 7referred to in this subsection as ,,fact7 programs that provide high intensity services in the community for individuals with mental illness with involvement in the criminal justice system to prevent future incarcerations4 7#b7 ,allowable uses ,grant funds awarded under this subsection may be used for-- 7,a7 multidisciplinary team initiatives for individuals with mental illnesses with criminal justice involvement that addresses criminal justice involvement as part of treatment protocols2 7,b7 ,,fact initiatives that involve mental health professionals1 criminal justice agencies1 chemical dependency specialists1 nurses1 psychiatrists1 vocational specialists1 forensic peer specialists1 forensic specialists1 and dedicated administrative support staff who work together to provide recovery-oriented1 #bd_/g wraparound services2 7,c7 services such as integrated evidence-based practices for the treatment of co-occurring mental health and substance-related disorders1 assertive outreach and engagement1 community-based service provision at participants' residence or in the community1 psychiatric rehabilitation1 recovery-oriented services1 services to address criminogenic risk factors1 and community tenure2 7,d7 payments for treatment providers that are approved by the ,state or ,indian ,tribe and licensed1 if necessary1 to provide needed treatment to eligible offenders participating in the program1 including behavioral health services and aftercare supervision2 and 7,e7 training for all ,,fact teams to promote high-fidelity practice principles and technical assistance to support effective and continuing integration with criminal justice agency partners4 7#c7 ,supplement and not supplant ,grants made under this subsection shall be used to supplement1 and not supplant1 non-,federal funds that would otherwise be available for programs described in this subsection4 7#d7 ,applications ,to request a grant under this subsection1 a ,state1 unit of local government1 territory1 ,indian ,tribe1 or nonprofit agency shall submit an application to the ,attorney ,general in such form and containing such information as the ,attorney ,general may reasonably require4 4 #ajf4 ,assistance for individuals transitioning out of systems ,section #bigf7;f7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgigw7f77 is amended-- 7#a7 in paragraph 7#e71 by striking and at the end2 and 7#b7 by adding at the end the following3 7#g7 provide mental health treatment and transitional services for those with mental illnesses or with co-occurring disorders1 including housing placement or assistance2 and 4 #ajg4 ,co-occurring substance abuse and mental health challenges in drug courts ,part ,,ee of title ,i of ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgigu et seq47 is amended-- 7#a7 in section #biea7;a77#a7 7#db ,u4,s4,c4 #cgigu7a77#a771 by inserting 1 including co-occurring substance abuse and mental health problems1 after problems2 and 7#b7 in section #biei7;a7 7#db ,u4,s4,c4 #cgigu-#h7;a771 by inserting 1 including training for drug court personnel and officials on identifying and addressing co-occurring substance abuse and mental health problems after part4 #ajh4 ,mental health training for ,federal uniformed services 7a7 ,in general ,not later than #ahj days after the date of enactment of this ,act1 the ,secretary of ,defense1 the ,secretary of ,homeland ,security1 the ,secretary of ,health and ,human ,services1 and the ,secretary of ,commerce shall provide the following to each of the uniformed services 7as that term is defined in section #aja of title #aj1 ,united ,states ,code7 under their direction3 7#a7 ,training programs ,programs that offer specialized and comprehensive training in procedures to identify and respond appropriately to incidents in which the unique needs of individuals with mental illnesses are involved4 7#b7 ,improved technology ,computerized information systems or technological improvements to provide timely information to ,federal law enforcement personnel1 other branches of the uniformed services1 and criminal justice system personnel to improve the ,federal response to mentally ill individuals4 7#c7 ,cooperative programs ,the establishment and expansion of cooperative efforts to promote public safety through the use of effective intervention with respect to mentally ill individuals encountered by members of the uniformed services4 #aji4 ,advancing mental health as part of offender reentry 7a7 ,reentry demonstration projects ,section #bigf7;f7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgigw7f771 as amended by section #ajf1 is amended-- 7#a7 in paragraph 7#c77;,c71 by inserting mental health services1 before drug treatment2 and 7#b7 by adding at the end the following3 7#h7 target offenders with histories of homelessness1 substance abuse1 or mental illness1 including a prerelease assessment of the housing status of the offender and behavioral health needs of the offender with clear coordination with mental health1 substance abuse1 and homelessness services systems to achieve stable and permanent housing outcomes with appropriate support service4 4 7b7 ,mentoring grants ,section #baa7;b77#b7 of the ,second ,chance ,act of #bjjg 7#db ,u4,s4,c4 #ageca7;b77#b77 is amended by inserting 1 including mental health care after community4 #aaj4 ,school mental health crisis intervention teams ,section #bgja of title ,i of ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgig;a7b77 is amended by-- 7#a7 redesignating paragraphs 7#d7 and 7#e7 as paragraphs 7#e7 and 7#f71 respectively2 and 7#b7 inserting after paragraph 7#c7 the following3 7#d7 the development and operation of crisis intervention teams that may include coordination with law enforcement agencies and specialized training for school officials in responding to mental health crises4 4 #aaa4 ,active-shooter training for law enforcement ,the ,attorney ,general1 as part of the ,preventing ,violence ,against ,law ,enforcement and ,ensuring ,officer ,resilience and ,survivability ,initiative 7,,valor7 of the ,department of ,justice1 may provide safety training and technical assistance to local law enforcement agencies1 including active-shooter response training4 #aab4 ,co-occurring substance abuse and mental health challenges in residential substance abuse treatment programs ,section #aija7;a7 of title ,i of ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgif;ff7a77 is amended-- 7#a7 in paragraph 7#a71 by striking and at the end2 7#b7 in paragraph 7#b71 by striking the period at the end and inserting 2 and2 and 7#c7 by adding at the end the following3 7#c7 developing and implementing specialized residential substance abuse treatment programs that identify and provide appropriate treatment to inmates with co-occurring mental health and substance abuse disorders or challenges4 4 #aac4 ,mental health and drug treatment alternatives to incarceration programs ,title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgaa et seq47 is amended by striking part ,,cc and inserting the following3 ,,cc ,mental health and drug treatment alternatives to incarceration programs #bija4 ,mental health and drug treatment alternatives to incarceration programs 7a7 ,definitions ,in this section-- 7#a7 the term eligible entity means a ,state1 unit of local government1 ,indian ,tribe1 or nonprofit organization2 and 7#b7 the term eligible participant means an individual who-- 7,a7 comes into contact with the criminal justice system or is charged with an offense2 7,b7 has a history of or a current-- 7i7 substance use disorder2 7ii7 mental illness2 or 7iii7 co-occurring mental illness and substance use disorders2 and 7,c7 has been approved for participation in a program funded under this section by1 the relevant law enforcement agency1 prosecuting attorney1 defense attorney1 probation official1 corrections official1 judge1 representative of a mental health agency1 or representative of a substance abuse agency4 7b7 ,program authorized ,the ,attorney ,general may make grants to eligible entities to develop1 implement1 or expand a treatment alternative to incarceration program for eligible participants1 including-- 7#a7 pre-booking treatment alternative to incarceration programs1 including-- 7,a7 law enforcement training on substance use disorders1 mental illness1 and co-occurring mental illness and substance use disorders2 7,b7 receiving centers as alternatives to incarceration of eligible participants2 7,c7 specialized response units for calls related to substance use disorders1 mental illness1 or co-occurring mental illness and substance use disorders2 and 7,d7 other arrest and pre-booking treatment alternatives to incarceration models2 or 7#b7 post-booking treatment alternative to incarceration programs1 including-- 7,a7 specialized clinical case management2 7,b7 pretrial services related to substances use disorders1 mental illness1 and co-occurring mental illness and substance use disorders2 7,c7 prosecutor and defender based programs2 7,d7 specialized probation2 7,e7 treatment and rehabilitation programs2 and 7,f7 problem-solving courts1 including mental health courts1 drug courts1 co-occuring mental health and substance abuse courts1 ,,dwi courts1 and veterans treatment courts4 7c7 ,application 7#a7 ,in general ,an eligible entity desiring a grant under this section shall submit an application to the ,attorney ,general-- 7,a7 that meets the criteria under paragraph 7#b72 and 7,b7 at such time1 in such manner1 and accompanied by such information as the ,attorney ,general may require4 7#b7 ,criteria ,an eligible entity1 in submitting an application under paragraph 7#a71 shall-- 7,a7 provide extensive evidence of collaboration with ,state and local government agencies overseeing health1 community corrections1 courts1 prosecution1 substance abuse1 mental health1 victims services1 and employment services1 and with local law enforcement agencies2 and 7,b7 demonstrate consultation with the ,single ,state ,authority for ,substance ,abuse2 7,c7 demonstrate that evidence-based treatment practices will be utilized2 and 7,d7 demonstrate that evidenced-based screening and assessment tools will be used to place participants in the treatment alternative to incarceration program4 7d7 ,requirements ,each eligible entity awarded a grant for a treatment alternative to incarceration program under this section shall-- 7#a7 determine the terms and conditions of participation in the program by eligible participants1 taking into consideration the collateral consequences of an arrest1 prosecution or criminal conviction2 7#b7 ensure that each substance abuse and mental health treatment component is licensed and qualified by the relevant jurisdiction2 7#c7 for programs described in subsection 7b77#b71 organize an enforcement unit comprised of appropriately trained law enforcement professionals under the supervision of the ,state1 ,tribal1 or local criminal justice agency involved1 the duties of which shall include-- 7,a7 the verification of addresses and other contacts of each eligible participant who participates or desires to participate in the program2 and 7,b7 if necessary1 the location1 apprehension1 arrest1 and return to court of an eligible participant in the program who has absconded from the facility of a treatment provider or has otherwise significantly violated the terms and conditions of the program1 consistent with ,federal and ,state confidentiality requirements2 7#d7 notify the relevant criminal justice entity if any eligible participant in the program absconds from the facility of the treatment provider or otherwise violates the terms and conditions of the program1 consistent with ,federal and ,state confidentiality requirements2 7#e7 submit periodic reports on the progress of treatment or other measured outcomes from participation in the program of each eligible offender participating in the program to the relevant ,state1 ,tribal1 or local criminal justice agency1 including mental health courts1 drug courts1 co-occurring mental health and substance abuse courts1 ,,dwi courts1 and veterans treatment courts2 7#f7 describe the evidence-based methodology and outcome measurements that will be used to evaluate the program1 and specifically explain how such measurements will provide valid measures of the impact of the program2 and 7#g7 describe how the program could be broadly replicated if demonstrated to be effective4 7e7 ,use of funds ,an eligible entity shall use a grant received under this section for expenses of a treatment alternative to incarceration program1 including-- 7#a7 salaries1 personnel costs1 equipment costs1 and other costs directly related to the operation of the program1 including the enforcement unit2 7#b7 payments for treatment providers that are approved by the relevant ,state or ,tribal jurisdiction and licensed1 if necessary1 to provide needed treatment to eligible offenders participating in the program1 including aftercare supervision1 vocational training1 education1 and job placement2 and 7#c7 payments to public and nonprofit private entities that are approved by the ,state or ,tribal jurisdiction and licensed1 if necessary1 to provide alcohol and drug addiction treatment to eligible offenders participating in the program4 7f7 ,supplement not supplant ,an eligible entity shall use ,federal funds received under this section only to supplement the funds that would1 in the absence of those ,federal funds1 be made available from other ,federal and non-,federal sources for the activities described in this section1 and not to supplant those funds4 ,the ,federal share of a grant made under this section may not exceed #ej percent of the total costs of the program described in an application under subsection 7d74 7g7 ,geographic distribution ,the ,attorney ,general shall ensure that1 to the extent practicable1 the geographical distribution of grants under this section is equitable and includes a grant to an eligible entity in-- 7#a7 each ,state2 7#b7 rural1 suburban1 and urban areas2 and 7#c7 ,tribal jurisdictions4 7h7 ,reports and evaluations ,each fiscal year1 each recipient of a grant under this section during that fiscal year shall submit to the ,attorney ,general a report on the outcomes of activities carried out using that grant in such form1 containing such information1 and on such dates as the ,attorney ,general shall specify4 7i7 ,accountability ,all grants awarded by the ,attorney ,general under this section shall be subject to the following accountability provisions3 7#a7 ,audit requirement 7,a7 ,definition ,in this paragraph1 the term unresolved audit finding means a finding in the final audit report of the ,inspector ,general of the ,department of ,justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within #ab months from the date on which the final audit report is issued4 7,b7 ,audits ,beginning in the first fiscal year beginning after the date of enactment of this subsection1 and in each fiscal year thereafter1 the ,inspector ,general of the ,department of ,justice shall conduct audits of recipients of grants under this section to prevent waste1 fraud1 and abuse of funds by grantees4 ,the ,inspector ,general shall determine the appropriate number of grantees to be audited each year4 7,c7 ,mandatory exclusion ,a recipient of grant funds under this section that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this section during the first #b fiscal years beginning after the end of the #ab-month period described in subparagraph 7,a74 7,d7 ,priority ,in awarding grants under this section1 the ,attorney ,general shall give priority to eligible applicants that did not have an unresolved audit finding during the #c fiscal years before submitting an application for a grant under this section4 7,e7 ,reimbursement ,if an entity is awarded grant funds under this section during the #b-;fiscal-year period during which the entity is barred from receiving grants under subparagraph 7,c71 the ,attorney ,general shall-- 7i7 deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the ,general ,fund of the ,treasury2 and 7ii7 seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds4 7#b7 ,nonprofit organization requirements 7,a7 ,definition ,for purposes of this paragraph and the grant programs under this part1 the term nonprofit organization means an organization that is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and is exempt from taxation under section #eja7;a7 of such ,code4 7,b7 ,prohibition ,the ,attorney ,general may not award a grant under this part to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section #eaa7;a7 of the ,internal ,revenue ,code of #aihf4 7,c7 ,disclosure ,each nonprofit organization that is awarded a grant under this section and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers1 directors1 trustees1 and key employees1 shall disclose to the ,attorney ,general1 in the application for the grant1 the process for determining such compensation1 including the independent persons involved in reviewing and approving such compensation1 the comparability data used1 and contemporaneous substantiation of the deliberation and decision4 ,upon request1 the ,attorney ,general shall make the information disclosed under this subparagraph available for public inspection4 7#c7 ,conference expenditures 7,a7 ,limitation ,no amounts made available to the ,department of ,justice under this section may be used by the ,attorney ,general1 or by any individual or entity awarded discretionary funds through a cooperative agreement under this section1 to host or support any expenditure for conferences that uses more than #bj1jjj in funds made available by the ,department of ,justice1 unless the head of the relevant agency or department1 provides prior written authorization that the funds may be expended to host the conference4 7,b7 ,written approval ,written approval under subparagraph 7,a7 shall include a written estimate of all costs associated with the conference1 including the cost of all food1 beverages1 audio-visual equipment1 honoraria for speakers1 and entertainment4 7,c7 ,report ,the ,deputy ,attorney ,general shall submit an annual report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives on all conference expenditures approved under this paragraph4 7#d7 ,annual certification ,beginning in the first fiscal year beginning after the date of enactment of this subsection1 the ,attorney ,general shall submit1 to the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,senate and the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,house of ,representatives1 an annual certification-- 7,a7 indicating whether-- 7i7 all audits issued by the ,office of the ,inspector ,general under paragraph 7#a7 have been completed and reviewed by the appropriate ,assistant ,attorney ,general or ,director2 7ii7 all mandatory exclusions required under paragraph 7#a77;,c7 have been issued2 and 7iii7 all reimbursements required under paragraph 7#a77;,e7 have been made2 and 7,b7 that includes a list of any grant recipients excluded under paragraph 7#a7 from the previous year4 7#e7 ,preventing duplicative grants 7,a7 ,in general ,before the ,attorney ,general awards a grant to an applicant under this section1 the ,attorney ,general shall compare potential grant awards with other grants awarded under this ,act to determine if duplicate grant awards are awarded for the same purpose4 7,b7 ,report ,if the ,attorney ,general awards duplicate grants to the same applicant for the same purpose the ,attorney ,general shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report that includes-- 7i7 a list of all duplicate grants awarded1 including the total dollar amount of any duplicate grants awarded2 and 7ii7 the reason the ,attorney ,general awarded the duplicate grants4 4 #aad4 ,national criminal justice and mental health training and technical assistance ,part ,,hh of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgig;aa et seq47 is amended by adding at the end the following3 #biib4 ,national criminal justice and mental health training and technical assistance 7a7 ,authority ,the ,attorney ,general may make grants to eligible organizations to provide for the establishment of a ,national ,criminal ,justice and ,mental ,health ,training and ,technical ,assistance ,center4 7b7 ,eligible organization ,for purposes of subsection 7a71 the term eligible organization means a national nonprofit organization that provides technical assistance and training to1 and has special expertise and broad1 national-level experience in1 mental health1 crisis intervention1 criminal justice systems1 law enforcement1 translating evidence into practice1 training1 and research1 and education and support of people with mental illness and the families of such individuals4 7c7 ,use of funds ,any organization that receives a grant under subsection 7a7 shall establish and operate a ,national ,criminal ,justice and ,mental ,health ,training and ,technical ,assistance ,center to-- 7#a7 provide law enforcement officer training regarding mental health and working with individuals with mental illnesses1 with an emphasis on de-escalation of encounters between law enforcement officers and those with mental disorders or in crisis1 which shall include support of the development of in-person and technical information exchanges between systems and the individuals working in those systems in support of the concepts identified in the training2 7#b7 provide education1 training1 and technical assistance for ,states1 ,indian ,tribes1 territories1 units of local government1 service providers1 nonprofit organizations1 probation or parole officers1 prosecutors1 defense attorneys1 emergency response providers1 and corrections institutions to advance practice and knowledge relating to mental health crisis and approaches to mental health and criminal justice across systems2 7#c7 provide training and best practices around relating to diversion initiatives1 jail and prison strategies1 reentry of individuals with mental illnesses in into the community1 and dispatch protocols and triage capabilities1 including the establishment of learning sites2 7#d7 develop suicide prevention and crisis intervention training and technical assistance for criminal justice agencies2 7#e7 develop a receiving center system and pilot strategy that provides a single point of entry into the mental health and substance abuse system for assessments and appropriate placement of individuals experiencing a crisis2 7#f7 collect data and best practices in mental health and criminal health and criminal justice initiatives and policies from grantees under this part1 other recipients of grants under this section1 ,federal1 ,state1 and local agencies involved in the provision of mental health services1 and non-governmental organizations involved in the provision of mental health services2 7#g7 develop and disseminate evaluation tools1 mechanisms1 and measures to better assess and document performance measures and outcomes2 7#h7 disseminate information to ,states1 units of local government1 criminal justice agencies1 law enforcement agencies1 and other relevant entities about best practices1 policy standards1 and research findings2 and 7#i7 provide education and support to individuals with mental illness involved with1 or at risk of involvement with1 the criminal justice system1 including the families of such individuals4 7d7 ,accountability ,grants awarded under this section shall be subject to the following accountability provisions3 7#a7 ,audit requirement 7,a7 ,definition ,in this paragraph1 the term unresolved audit finding means a finding in the final audit report of the ,inspector ,general of the ,department of ,justice under subparagraph 7,c7 that the audited grantee has used grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within #a year after the date on which the final audit report is issued4 7,b7 ,audits ,beginning in the first fiscal year beginning after the date of enactment of this section1 and in each fiscal year thereafter1 the ,inspector ,general of the ,department of ,justice shall conduct audits of grantees under this section to prevent waste1 fraud1 and abuse of funds by grantees4 ,the ,inspector ,general shall determine the appropriate number of grantees to be audited each year4 7,c7 ,final audit report ,the ,inspector ,general of the ,department of ,justice shall submit a final report on each audit conducted under subparagraph 7,b74 7,d7 ,mandatory exclusion ,grantees under this section about which there is an unresolved audit finding shall not be eligible to receive a grant under this section during the #b fiscal years beginning after the end of the #a-year period described in subparagraph 7,a74 7,e7 ,priority ,in making grants under this section1 the ,attorney ,general shall give priority to applicants that did not have an unresolved audit finding during the #c fiscal years before submitting an application for a grant under this section4 7,f7 ,reimbursement ,if an entity receives a grant under this section during the #b-;fiscal-year period during which the entity is prohibited from receiving grants under subparagraph 7,d71 the ,attorney ,general shall-- 7i7 deposit an amount equal to the amount of the grant that was improperly awarded to the grantee into the ,general ,fund of the ,treasury2 and 7ii7 seek to recoup the costs of the repayment under clause 7i7 from the grantee that was erroneously awarded grant funds4 7#b7 ,nonprofit agency requirements 7,a7 ,definition ,for purposes of this paragraph and the grant program under this section1 the term nonprofit agency means an organization that is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #eja7;c77#c77 and is exempt from taxation under section #eja7;a7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #eja7;a774 7,b7 ,prohibition ,the ,attorney ,general may not award a grant under this section to a nonprofit agency that holds money in an offshore account for the purpose of avoiding paying the tax described in section #eaa7;a7 of the ,internal ,revenue ,code of #aihf 7#bf ,u4,s4,c4 #eaa7;a774 7,c7 ,disclosure ,each nonprofit agency that is awarded a grant under this section and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers1 directors1 trustees1 and key employees1 shall disclose to the ,attorney ,general1 in the application for the grant1 the process for determining such compensation1 including the independent persons involved in reviewing and approving such compensation1 the comparability data used1 and contemporaneous substantiation of the deliberation and decision4 ,upon request1 the ,attorney ,general shall make the information disclosed under this subparagraph available for public inspection4 7#c7 ,conference expenditures 7,a7 ,limitation ,no amounts made available to the ,department of ,justice under this section may be used by the ,attorney ,general1 or by any individual or entity awarded discretionary funds through a cooperative agreement under this section1 to host or support any expenditure for conferences that use more than #bj1jjj in funds made available by the ,department of ,justice1 unless the head of the relevant agency or department1 provides prior written authorization that the funds may be expended to host the conference4 7,b7 ,written approval ,written approval under subparagraph 7,a7 shall include a written estimate of all costs associated with the conference1 including the cost of all food1 beverages1 audio-visual equipment1 honoraria for speakers1 and entertainment4 7,c7 ,report ,the ,deputy ,attorney ,general shall submit an annual report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives on all conference expenditures approved under this paragraph4 7#d7 ,annual certification ,beginning in the first fiscal year beginning after the date of enactment of this subsection1 the ,attorney ,general shall submit to the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,senate and the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,house of ,representatives an annual certification-- 7,a7 indicating whether-- 7i7 all final audit reports issued by the ,office of the ,inspector ,general under paragraph 7#a7 have been completed and reviewed by the appropriate ,assistant ,attorney ,general or ,director2 7ii7 all mandatory exclusions required under paragraph 7#a77;,d7 have been issued2 and 7iii7 any reimbursements required under paragraph 7#a77;,f7 have been made2 and 7,b7 that includes a list of any grantees excluded under paragraph 7#a77;,d7 from the previous year4 7#e7 ,preventing duplicative grants 7,a7 ,in general ,before the ,attorney ,general awards a grant to an applicant under this section1 the ,attorney ,general shall compare potential grant awards with other grants awarded under this ,act to determine if duplicate grant awards are awarded for the same purpose4 7,b7 ,report ,if the ,attorney ,general awards duplicate grants to the same applicant for the same purpose the ,attorney ,general shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report that includes-- 7i7 a list of all duplicate grants awarded1 including the total dollar amount of any duplicate grants awarded2 and 7ii7 the reason the ,attorney ,general awarded the duplicate grants4 4 #aae4 ,improving ,department of ,justice data collection on mental illness involved in crime 7a7 ,in general ,notwithstanding any other provision of law1 on or after the date that is #ij days after the date on which the ,attorney ,general promulgates regulations under subsection 7b71 any data prepared by1 or submitted to1 the ,attorney ,general or the ,director of the ,federal ,bureau of ,investigation with respect to the incidences of homicides1 law enforcement officers killed1 seriously injured1 and assaulted1 or individuals killed or seriously injured by law enforcement officers shall include data with respect to the involvement of mental illness in such incidences1 if any4 7b7 ,regulations ,not later than #ij days after the date of the enactment of this ,act1 the ,attorney ,general shall promulgate or revise regulations as necessary to carry out subsection 7a74 #aaf4 ,reports on the number of mentally ill offenders in prison 7a7 ,report on the ,cost of ,treating the ,mentally ,ill in the ,criminal ,justice ,system ,not later than #ab months after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states shall submit to ,congress a report detailing the cost of imprisonment for individuals who have serious mental illness by the ,federal ,government or a ,state or unit of local government1 which shall include-- 7#a7 the number and type of crimes committed by individuals with serious mental illness each year2 and 7#b7 detailed strategies or ideas for preventing crimes by those individuals with serious mental illness from occurring4 7b7 ,definition ,for purposes of this section1 the ,attorney ,general1 in consultation with the ,assistant ,secretary of ,mental ,health and ,substance ,use ,disorders shall defined serious mental illness based on the ,health ,care ,reform for ,americans with ,severe ,mental ,illnesses3 ,report of the ,national ,advisory ,mental ,health ,council1 ,american ,journal of ,psychiatry #aiic2 #aej3addg-adfe4 ,,ii ,comprehensive ,justice and ,mental ,health ,act #bja4 ,short title ,this title may be cited as the ,comprehensive ,justice and ,mental ,health ,act of #bjae4 #bjb4 ,findings ,congress finds the following3 7#a7 ,an estimated #b1jjj1jjj individuals with serious mental illnesses are booked into jails each year1 resulting in prevalence rates of serious mental illness in jails that are #c to #f times higher than in the general population4 ,an even greater number of individuals who are detained in jails each year have mental health problems that do not rise to the level of a serious mental illness but may still require a resource-intensive response4 7#b7 ,adults with mental illnesses cycle through jails more often than individuals without mental illnesses1 and tend to stay longer 7including before trial1 during trial1 and after sentencing74 7#c7 ,according to estimates1 almost #c_/d of jail detainees with serious mental illnesses have co-occurring substance use disorders1 and individuals with mental illnesses are also much more likely to have serious physical health needs4 7#d7 ,among individuals under probation supervision1 individuals with mental disorders are nearly twice as likely as other individuals to have their community sentence revoked1 furthering their involvement in the criminal justice system4 ,reasons for revocation may be directly or indirectly related to an individual's mental disorder4 #bjc4 ,sequential intercept model 7a7 ,redesignation ,section #biia of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgig;aa7 is amended by redesignating subsection 7i7 as subsection 7o74 7b7 ,sequential intercept model ,section #biia of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgig;aa7 is amended by inserting after subsection 7h7 the following3 7i7 ,sequential intercept grants 7#a7 ,definition ,in this subsection1 the term eligible entity means a ,state1 unit of local government1 ,indian ,tribe1 or ,tribal organization4 7#b7 ,authorization ,the ,attorney ,general may make grants under this subsection to an eligible entity for sequential intercept mapping and implementation in accordance with paragraph 7#c74 7#c7 ,sequential intercept mapping2 implementation ,an eligible entity that receives a grant under this subsection may use funds for-- 7,a7 sequential intercept mapping1 which-- 7i7 shall consist of-- 7,i7 convening mental health and criminal justice stakeholders to-- 7aa7 develop a shared understanding of the flow of justice-involved individuals with mental illnesses through the criminal justice system2 and 7bb7 identify opportunities for improved collaborative responses to the risks and needs of individuals described in item 7aa72 and 7,,ii7 developing strategies to address gaps in services and bring innovative and effective programs to scale along multiple intercepts1 including-- 7aa7 emergency and crisis services2 7bb7 specialized police-based responses2 7cc7 court hearings and disposition alternatives2 7dd7 reentry from jails and prisons2 and 7ee7 community supervision1 treatment and support services2 and 7ii7 may serve as a starting point for the development of strategic plans to achieve positive public health and safety outcomes2 and 7,b7 implementation1 which shall-- 7i7 be derived from the strategic plans described in subparagraph 7,a77ii72 and 7ii7 consist of-- 7,i7 hiring and training personnel2 7,,ii7 identifying the eligible entity's target population2 7,,iii7 providing services and supports to reduce unnecessary penetration into the criminal justice system2 7,,iv7 reducing recidivism2 7,v7 evaluating the impact of the eligible entity's approach2 and 7,,vi7 planning for the sustainability of effective interventions4 4 #bjd4 ,veterans treatment courts ,section #biia of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgig;aa7 is amended by inserting after subsection 7i71 as added by section #bjc1 the following3 7j7 ,assisting veterans 7#a7 ,definitions ,in this subsection3 7,a7 ,peer to peer services or programs ,the term peer to peer services or programs means services or programs that connect qualified veterans with other veterans for the purpose of providing support and mentorship to assist qualified veterans in obtaining treatment1 recovery1 stabilization1 or rehabilitation4 7,b7 ,qualified veteran ,the term qualified veteran means a preliminarily qualified offender who-- 7i7 served on active duty in any branch of the ,armed ,forces1 including the ,national ,guard or ,reserves2 and 7ii7 was discharged or released from such service under conditions other than dishonorable4 7,c7 ,veterans treatment court program ,the term veterans treatment court program means a court program involving collaboration among criminal justice1 veterans1 and mental health and substance abuse agencies that provides qualified veterans with-- 7i7 intensive judicial supervision and case management1 which may include random and frequent drug testing where appropriate2 7ii7 a full continuum of treatment services1 including mental health services1 substance abuse services1 medical services1 and services to address trauma2 7iii7 alternatives to incarceration2 and 7iv7 other appropriate services1 including housing1 transportation1 mentoring1 employment1 job training1 education1 and assistance in applying for and obtaining available benefits4 7#b7 ,veterans assistance program 7,a7 ,in general ,the ,attorney ,general1 in consultation with the ,secretary of ,veterans ,affairs1 may award grants under this subsection to applicants to establish or expand-- 7i7 veterans treatment court programs2 7ii7 peer to peer services or programs for qualified veterans2 7iii7 practices that identify and provide treatment1 rehabilitation1 legal1 transitional1 and other appropriate services to qualified veterans who have been incarcerated2 and 7iv7 training programs to teach criminal justice1 law enforcement1 corrections1 mental health1 and substance abuse personnel how to identify and appropriately respond to incidents involving qualified veterans4 7,b7 ,priority ,in awarding grants under this subsection1 the ,attorney ,general shall give priority to applications that-- 7i7 demonstrate collaboration between and joint investments by criminal justice1 mental health1 substance abuse1 and veterans service agencies2 7ii7 promote effective strategies to identify and reduce the risk of harm to qualified veterans and public safety2 and 7iii7 propose interventions with empirical support to improve outcomes for qualified veterans4 4 #bje4 ,prison and jails ,section #biia of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgig;aa7 is amended by inserting after subsection 7j71 as added by section #bjd1 the following3 7k7 ,correctional facilities 7#a7 ,definitions 7,a7 ,correctional facility ,the term correctional facility means a jail1 prison1 or other detention facility used to house people who have been arrested1 detained1 held1 or convicted by a criminal justice agency or a court4 7,b7 ,eligible inmate ,the term eligible inmate means an individual who-- 7i7 is being held1 detained1 or incarcerated in a correctional facility2 and 7ii7 manifests obvious signs of a mental illness or has been diagnosed by a qualified mental health professional as having a mental illness4 7#b7 ,correctional facility grants ,the ,attorney ,general may award grants to applicants to enhance the capabilities of a correctional facility-- 7,a7 to identify and screen for eligible inmates2 7,b7 to plan and provide-- 7i7 initial and periodic assessments of the clinical1 medical1 and social needs of inmates2 and 7ii7 appropriate treatment and services that address the mental health and substance abuse needs of inmates2 7,c7 to develop1 implement1 and enhance-- 7i7 post-release transition plans for eligible inmates that1 in a comprehensive manner1 coordinate health1 housing1 medical1 employment1 and other appropriate services and public benefits2 7ii7 the availability of mental health care services and substance abuse treatment services2 and 7iii7 alternatives to solitary confinement and segregated housing and mental health screening and treatment for inmates placed in solitary confinement or segregated housing2 and 7,d7 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 disorders4 4 #bjf4 ,allowable uses ,section #biia7;b77#e77;,i7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgig;aa7b77#e77;,i77 is amended by adding at the end the following3 7v7 ,teams addressing frequent users of crisis services ,multidisciplinary teams that-- 7,i7 coordinate1 implement1 and administer community-based crisis responses and long-term plans for frequent users of crisis services2 7,,ii7 provide training on how to respond appropriately to the unique issues involving frequent users of crisis services for public service personnel1 including criminal justice1 mental health1 substance abuse1 emergency room1 healthcare1 law enforcement1 corrections1 and housing personnel2 7,,iii7 develop or support alternatives to hospital and jail admissions for frequent users of crisis services that provide treatment1 stabilization1 and other appropriate supports in the least restrictive1 yet appropriate1 environment2 and 7,,iv7 develop protocols and systems among law enforcement1 mental health1 substance abuse1 housing1 corrections1 and emergency medical service operations to provide coordinated assistance to frequent users of crisis services4 4 #bjg4 ,law enforcement training ,section #biia7;h7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgig;aa7h77 is amended-- 7#a7 in paragraph 7#a71 by adding at the end the following3 7,f7 ,academy training ,to provide support for academy curricula1 law enforcement officer orientation programs1 continuing education training1 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 disorders4 2 and 7#b7 by adding at the end the following3 7#d7 ,priority consideration ,the ,attorney ,general1 in awarding grants under this subsection1 shall give priority to programs that law enforcement personnel and members of the mental health and substance abuse professions develop and administer cooperatively4 4 #bjh4 ,federal law enforcement training ,not later than #a year after the date of enactment of this ,act1 the ,attorney ,general shall provide direction and guidance for the following3 7#a7 ,training programs ,programs that offer specialized and comprehensive training1 in procedures to identify and appropriately respond to incidents in which the unique needs of individuals who have a mental illness are involved1 to first responders and tactical units of-- 7,a7 ,federal law enforcement agencies2 and 7,b7 other ,federal criminal justice agencies such as the ,bureau of ,prisons1 the ,administrative ,office of the ,united ,states ,courts1 and other agencies that the ,attorney ,general determines appropriate4 7#b7 ,improved technology ,the establishment of1 or improvement of existing1 computerized information systems to provide timely information to employees of ,federal law enforcement agencies1 and ,federal criminal justice agencies to improve the response of such employees to situations involving individuals who have a mental illness4 #bji4 ,,gao report ,not later than #a year after the date of enactment of this ,act1 the ,comptroller ,general of the ,united ,states1 in coordination with the ,attorney ,general1 shall submit to ,congress a report on-- 7#a7 the practices that ,federal first responders1 tactical units1 and corrections officers are trained to use in responding to individuals with mental illness2 7#b7 procedures to identify and appropriately respond to incidents in which the unique needs of individuals who have a mental illness are involved1 to ,federal first responders and tactical units2 7#c7 the application of evidence-based practices in criminal justice settings to better address individuals with mental illnesses2 and 7#d7 recommendations on how the ,department of ,justice can expand and improve information sharing and dissemination of best practices4 #baj4 ,evidence-based practices ,section #biia7;c7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgig;aa7c77 is amended-- 7#a7 in paragraph 7#c71 by striking or at the end2 7#b7 by redesignating paragraph 7#d7 as paragraph 7#f72 and 7#c7 by inserting after paragraph 7#c71 the following3 7#d7 propose interventions that have been shown by empirical evidence to reduce recidivism2 7#e7 when appropriate1 use validated assessment tools to target preliminarily qualified offenders with a moderate or high risk of recidivism and a need for treatment and services2 or 4 #baa4 ,transparency1 program accountability1 and enhancement of local authority 7a7 ,in general ,section #biia7;a7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgig;aa7a77 is amended-- 7#a7 in paragraph 7#g7-- 7,a7 in the heading1 by striking ,mental illness and inserting ,mental illness2 mental health disorder2 and 7,b7 by striking term mental illness means and inserting terms mental illness and mental health disorder mean2 and 7#b7 by striking paragraph 7#i7 and inserting the following3 7#i7 ,preliminarily qualified offender 7,a7 ,in general ,the term preliminarily qualified offender means an adult or juvenile accused of an offense who-- 7i7 7,i7 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 disorders2 7,,ii7 manifests obvious signs of mental illness or co-occurring mental illness and substance abuse disorders during arrest or confinement or before any court2 or 7,,iii7 in the case of a veterans treatment court provided under subsection 7i71 has been diagnosed with1 or manifests obvious signs of1 mental illness or a substance abuse disorder or co-occurring mental illness and substance abuse disorder2 7ii7 has been unanimously approved for participation in a program funded under this section by1 when appropriate-- 7,i7 the relevant-- 7aa7 prosecuting attorney2 7bb7 defense attorney2 7cc7 probation or corrections official2 and 7dd7 judge2 and 7,,ii7 a representative from the relevant mental health agency described in subsection 7b77#e77;,b77i72 7iii7 has been determined1 by each person described in clause 7ii7 who is involved in approving the adult or juvenile for participation in a program funded under this section1 to not pose a risk of violence to any person in the program1 or the public1 if selected to participate in the program2 and 7iv7 has not been charged with or convicted of-- 7,i7 any sex offense 7as defined in section #aaa of the ,sex ,offender ,registration and ,notification ,act 7#db ,u4,s4,c4 #afiaa77 or any offense relating to the sexual exploitation of children2 or 7,,ii7 murder or assault with intent to commit murder4 7,b7 ,determination ,in determining whether to designate a defendant as a preliminarily qualified offender1 the relevant prosecuting attorney1 defense attorney1 probation or corrections official1 judge1 and mental health or substance abuse agency representative shall take into account-- 7i7 whether the participation of the defendant in the program would pose a substantial risk of violence to the community2 7ii7 the criminal history of the defendant and the nature and severity of the offense for which the defendant is charged2 7iii7 the views of any relevant victims to the offense2 7iv7 the extent to which the defendant would benefit from participation in the program2 7v7 the extent to which the community would realize cost savings because of the defendant's participation in the program2 and 7vi7 whether the defendant satisfies the eligibility criteria for program participation unanimously established by the relevant prosecuting attorney1 defense attorney1 probation or corrections official1 judge and mental health or substance abuse agency representative4 4 7b7 ,technical and conforming amendment ,section #bibg7b7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgigs-#f7b77 is amended by striking has the meaning given that term in section #biia7;a74 and inserting 8means an offense that-- 7,a7 does not have as an element the use1 attempted use1 or threatened use of physical force against the person or property of another2 or 7,b7 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 offense4 4 #bab4 ,grant accountability ,section #biia of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgig;aa7 is amended by inserting after subsection 7k71 as added by section #bje1 the following3 7m7 ,accountability ,all grants awarded by the ,attorney ,general under this section shall be subject to the following accountability provisions3 7#a7 ,audit requirement 7,a7 ,definition ,in this paragraph1 the term unresolved audit finding means a finding in the final audit report of the ,inspector ,general of the ,department of ,justice that the audited grantee has utilized grant funds for an unauthorized expenditure or otherwise unallowable cost that is not closed or resolved within #ab months from the date when the final audit report is issued4 7,b7 ,audits ,beginning in the first fiscal year beginning after the date of enactment of this subsection1 and in each fiscal year thereafter1 the ,inspector ,general of the ,department of ,justice shall conduct audits of recipients of grants under this section to prevent waste1 fraud1 and abuse of funds by grantees4 ,the ,inspector ,general shall determine the appropriate number of grantees to be audited each year4 7,c7 ,mandatory exclusion ,a recipient of grant funds under this section that is found to have an unresolved audit finding shall not be eligible to receive grant funds under this section during the first #b fiscal years beginning after the end of the #ab-month period described in subparagraph 7,a74 7,d7 ,priority ,in awarding grants under this section1 the ,attorney ,general shall give priority to eligible applicants that did not have an unresolved audit finding during the #c fiscal years before submitting an application for a grant under this section4 7,e7 ,reimbursement ,if an entity is awarded grant funds under this section during the #b-;fiscal-year period during which the entity is barred from receiving grants under subparagraph 7,c71 the ,attorney ,general shall-- 7i7 deposit an amount equal to the amount of the grant funds that were improperly awarded to the grantee into the ,general ,fund of the ,treasury2 and 7ii7 seek to recoup the costs of the repayment to the fund from the grant recipient that was erroneously awarded grant funds4 7#b7 ,nonprofit organization requirements 7,a7 ,definition ,for purposes of this paragraph and the grant programs under this part1 the term nonprofit organization means an organization that is described in section #eja7;c77#c7 of the ,internal ,revenue ,code of #aihf and is exempt from taxation under section #eja7;a7 of such ,code4 7,b7 ,prohibition ,the ,attorney ,general may not award a grant under this part to a nonprofit organization that holds money in offshore accounts for the purpose of avoiding paying the tax described in section #eaa7;a7 of the ,internal ,revenue ,code of #aihf4 7,c7 ,disclosure ,each nonprofit organization that is awarded a grant under this section and uses the procedures prescribed in regulations to create a rebuttable presumption of reasonableness for the compensation of its officers1 directors1 trustees1 and key employees1 shall disclose to the ,attorney ,general1 in the application for the grant1 the process for determining such compensation1 including the independent persons involved in reviewing and approving such compensation1 the comparability data used1 and contemporaneous substantiation of the deliberation and decision4 ,upon request1 the ,attorney ,general shall make the information disclosed under this subparagraph available for public inspection4 7#c7 ,conference expenditures 7,a7 ,limitation ,no amounts made available to the ,department of ,justice under this section may be used by the ,attorney ,general1 or by any individual or entity awarded discretionary funds through a cooperative agreement under this section1 to host or support any expenditure for conferences that use more than #bj1jjj in funds made available by the ,department of ,justice1 unless the head of the relevant agency or department1 provides prior written authorization that the funds may be expended to host the conference4 7,b7 ,written approval ,written approval under subparagraph 7,a7 shall include a written estimate of all costs associated with the conference1 including the cost of all food1 beverages1 audio-visual equipment1 honoraria for speakers1 and entertainment4 7,c7 ,report ,the ,deputy ,attorney ,general shall submit an annual report to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives on all conference expenditures approved under this paragraph4 7#d7 ,annual certification ,beginning in the first fiscal year beginning after the date of enactment of this subsection1 the ,attorney ,general shall submit1 to the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,senate and the ,committee on the ,judiciary and the ,committee on ,appropriations of the ,house of ,representatives1 an annual certification-- 7,a7 indicating whether-- 7i7 all audits issued by the ,office of the ,inspector ,general under paragraph 7#a7 have been completed and reviewed by the appropriate ,assistant ,attorney ,general or ,director2 7ii7 all mandatory exclusions required under paragraph 7#a77;,c7 have been issued2 and 7iii7 all reimbursements required under paragraph 7#a77;,e7 have been made2 and 7,b7 that includes a list of any grant recipients excluded under paragraph 7#a7 from the previous year4 7n7 ,preventing duplicative grants 7#a7 ,in general ,before the ,attorney ,general awards a grant to an applicant under this section1 the ,attorney ,general shall compare potential grant awards with other grants awarded under this ,act to determine if duplicate grant awards are awarded for the same purpose4 7#b7 ,report ,if the ,attorney ,general awards duplicate grants to the same applicant for the same purpose the ,attorney ,general shall submit to the ,committee on the ,judiciary of the ,senate and the ,committee on the ,judiciary of the ,house of ,representatives a report that includes-- 7,a7 a list of all duplicate grants awarded1 including the total dollar amount of any duplicate grants awarded2 and 7,b7 the reason the ,attorney ,general awarded the duplicate grants4 4 ,,iii ,,nics reauthorization and ,,nics improvement #cja4 ,reauthorization of ,,nics 7a7 ,in general ,section #ajc7;e7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note7 is amended by striking fiscal year #bjac and inserting each of fiscal years #bjaf through #bjbj4 #cjb4 ,definitions relating to mental health 7a7 ,title #ah definitions ,chapter #dd of title #ah1 ,united ,states ,code1 is amended-- 7#a7 in section #iba7;a71 by adding at the end the following3 7#cf7 7,a7 ,subject to subparagraph 7,b71 the term has been adjudicated mentally incompetent or has been committed to a psychiatric hospital1 with respect to a person-- 7i7 means the person is the subject of an order or finding by a judicial officer1 court1 board1 commission1 or other adjudicative body-- 7,i7 that was issued after-- 7aa7 a hearing-- 7,,aa7 of which the person received actual notice2 and 7,,bb7 at which the person had an opportunity to participate with counsel2 or 7bb7 the person knowingly and intelligently waived the opportunity for a hearing-- 7,,aa7 of which the person received actual notice2 and 7,,bb7 at which the person would have had an opportunity to participate with counsel2 and 7,,ii7 that found that the person1 as a result of marked subnormal intelligence1 mental impairment1 mental illness1 incompetency1 condition1 or disease-- 7aa7 was a danger to himself or herself or to others2 7bb7 was guilty but mentally ill in a criminal case1 in a jurisdiction that provides for such a verdict2 7cc7 was not guilty in a criminal case by reason of insanity or mental disease or defect2 7dd7 was incompetent to stand trial in a criminal case2 7ee7 was not guilty by reason of lack of mental responsibility under section #hej;a of title #aj 7article #ej;a of the ,uniform ,code of ,military ,justice72 7ff7 required involuntary inpatient treatment by a psychiatric hospital for any reason1 including substance abuse2 or 7gg7 required involuntary outpatient treatment by a psychiatric hospital based on a finding that the person is a danger to himself or herself or to others2 and 7ii7 does not include-- 7,i7 an admission to a psychiatric hospital for observation2 or 7,,ii7 a voluntary admission to a psychiatric hospital4 7,b7 ,in this paragraph1 the term order or finding does not include-- 7i7 an order or finding that has expired or has been set aside or expunged2 7ii7 an order or finding that is no longer applicable because a judicial officer1 court1 board1 commission1 or other adjudicative body has found that the person who is the subject of the order or finding-- 7,i7 does not present a danger to himself or herself or to others2 7,,ii7 has been restored to sanity or cured of mental disease or defect2 7,,iii7 has been restored to competency2 or 7,,iv7 no longer requires involuntary inpatient or outpatient treatment by a psychiatric hospital2 or 7iii7 an order or finding with respect to which the person who is subject to the order or finding has been granted relief from disabilities under section #ibe7;c71 under a program described in section #aja7;c77#b77;,a7 or #aje of the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note71 or under any other ,state-authorized relief from disabilities program of the ,state in which the original commitment or adjudication occurred4 7#cg7 ,the term psychiatric hospital includes a mental health facility1 a mental hospital1 a sanitarium1 a psychiatric facility1 and any other facility that provides diagnoses or treatment by licensed professionals of mental retardation or mental illness1 including a psychiatric ward in a general hospital4 2 and 7#b7 in section #ibb-- 7,a7 in subsection 7d77#d7-- 7i7 by striking as a mental defective and inserting mentally incompetent2 and 7ii7 by striking any mental institution and inserting a psychiatric hospital2 and 7,b7 in subsection 7g77#d7-- 7i7 by striking as a mental defective or who has and inserting mentally incompetent or has2 and 7ii7 by striking mental institution and inserting psychiatric hospital4 7b7 ,technical and conforming amendment ,the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note7 is amended-- 7#a7 by striking as a mental defective each place that term appears and inserting mentally incompetent2 7#b7 by striking mental institution each place that term appears and inserting psychiatric hospital2 7#c7 in section #aja7;c7-- 7,a7 in paragraph 7#a71 in the matter preceding subparagraph 7,a71 by striking to the mental health of a person and inserting to whether a person is mentally incompetent2 and 7,b7 in paragraph 7#b7-- 7i7 in subparagraph 7,a77i71 by striking to the mental health of a person and inserting to whether a person is mentally incompetent2 and 7ii7 in subparagraph 7,b71 by striking to the mental health of a person and inserting to whether a person is mentally incompetent2 and 7#d7 in section #ajb7;c77#c7-- 7,a7 in the paragraph heading1 by striking as a mental defective or committed to a mental institution and inserting mentally incompetent or committed to a psychiatric hospital2 and 7,b7 by striking mental institutions and inserting psychiatric hospitals4 #cjc4 ,incentives for ,state compliance with ,,nics mental health record requirements ,section #ajd7;b7 of the ,,nics ,improvement ,amendments ,act of #bjjg 7#ah ,u4,s4,c4 #ibb note7 is amended-- 7#a7 by striking paragraphs 7#a7 and 7#b72 7#b7 by redesignating paragraph 7#c7 as paragraph 7#b72 7#c7 in paragraph 7#b71 as redesignated1 by striking of paragraph 7#b7 and inserting of paragraph 7#a72 and 7#d7 by inserting before paragraph 7#b71 as redesignated1 the following3 7#a7 ,incentives for providing mental health records and fixing the background check system 7,a7 ,definition of compliant state ,in this paragraph1 the term compliant ,state means a ,state that has-- 7i7 provided not less than #ij percent of the records required to be provided under sections #ajb and #ajc2 or 7ii7 in effect a statute that-- 7,i7 requires the ,state to provide the records required to be provided under sections #ajb and #ajc2 and 7,,ii7 implements a relief from disabilities program in accordance with section #aje4 7,b7 ,incentives for compliance ,during the period beginning on the date that is #ah months after the enactment of the ,mental ,health and ,safe ,communities ,act of #bjae and ending on the date that is #e years after the date of enactment of such ,act1 the ,attorney ,general-- 7i7 shall use funds appropriated to carry out section #ajc of this ,act1 the excess unobligated balances of the ,department of ,justice and funds withheld under clause 7ii71 or any combination thereof1 to increase the amounts available under section #eje of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgee7 for each compliant ,state in an amount that is not less than #b percent nor more than #e percent of the amount that was allocated to such ,state under such section #eje in the previous fiscal year2 and 7ii7 may withhold an amount not to exceed the amount described in clause 7i7 that would otherwise be allocated to a ,state under any section of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgaa et seq47 if the ,state-- 7,i7 is not a compliant ,state2 and 7,,ii7 does not submit an assurance to the ,attorney ,general that-- 7aa7 an amount that is not less than the amount described in clause 7i7 will be used solely for the purpose of enabling the ,state to become a compliant ,state2 or 7bb7 the ,state will hold in abeyance an amount that is not less than the amount described in clause 7i7 until such ,state has become a compliant ,state4 7,c7 ,regulations ,not later than #ahj days after the enactment of the ,mental ,health and ,safe ,communities ,act of #bjae1 the ,attorney ,general shall issue regulations implementing this paragraph4 4 #cjd4 ,protecting the second amendment rights of veterans 7a7 ,in general ,chapter #ee of title #ch1 ,united ,states ,code1 is amended by adding at the end the following3 #eeaa4 ,conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes 7a7 ,protecting rights of veterans with existing records ,not later than #ij days after the date of enactment of the ,mental ,health and ,safe ,communities ,act of #bjae1 the ,secretary shall provide written notice in accordance with subsection 7b7 of the opportunity for administrative review under subsection 7c7 to all persons who1 on the date of enactment of the ,mental ,health and ,safe ,communities ,act of #bjae1 are considered to have been adjudicated mentally incompetent or committed to a psychiatric hospital under subsection 7d77#d7 or 7g77#d7 of section #ibb of title #ah as a result of having been found by the ,department to be mentally incompetent4 7b7 ,notice ,the ,secretary shall provide notice under this section to a person described in subsection 7a7 that notifies the person of-- 7#a7 the determination made by the ,secretary2 7#b7 a description of the implications of being considered to have been adjudicated mentally incompetent or committed to a psychiatric hospital under subsection 7d77#d7 or 7g77#d7 of section #ibb of title #ah2 and 7#c7 the right of the person to request a review under subsection 7c77#a74 7c7 ,administrative review 7#a7 ,request ,not later than #cj days after the date on which a person described in subsection 7a7 receives notice in accordance with subsection 7b71 such person may request a review by the board designed or established under paragraph 7#b7 or by a court of competent jurisdiction to assess whether the person is a danger to himself or herself or to others4 ,in such assessment1 the board may consider the person's honorable discharge or decorations4 7#b7 ,board ,not later than #ahj days after the date of enactment of the ,mental ,health and ,safe ,communities ,act of #bjae1 the ,secretary shall designate or establish a board that shall1 upon request of a person under paragraph 7#a71 assess whether the person is a danger to himself or herself or to others4 7d7 ,judicial review ,a person may file a petition with a ,federal court of competent jurisdiction for judicial review of an assessment of the person under subsection 7c7 by the board designated or established under subsection 7c77#b74 4 7b7 ,clerical amendment ,the table of sections for chapter #ee of title #ch1 ,united ,states ,code1 is amended by adding at the end the following3 #eeaa4 ,conditions for treatment of certain persons as adjudicated mentally incompetent for certain purposes4 4 #cje4 ,applicability of amendments ,with respect to any record of a person prohibited from possessing or receiving a firearm under subsection 7d77#d7 or 7g77#d7 of section #ibb of title #ah1 ,united ,states ,code1 before the date of enactment of this ,act1 the ,attorney ,general shall remove such a record from the ,national ,instant ,criminal ,background ,check ,system-- 7#a7 upon being made aware that the person is no longer considered as adjudicated mentally incompetent or committed to a psychiatric hospital according to the criteria under paragraph 7#cf77;,a77i77,,ii7 of section #iba7;a7 of title #ah1 ,united ,states ,code 7as added by this title71 and is therefore no longer prohibited from possessing or receiving a firearm2 7#b7 upon being made aware that any order or finding that the record is based on is an order or finding described in paragraph 7#cf77;,b7 of section #iba7;a7 of title #ah1 ,united ,state ,code 7as added by this title72 or 7#c7 upon being made aware that the person has been found competent to possess a firearm after an administrative or judicial review under subsection 7c7 or 7d7 of section #eeaa of title #ch1 ,united ,states ,code 7as added by this title74 #cjf4 ,clarification that ,federal court information is to be made available to the national instant criminal background check system ,section #ajc7;e77#a7 of the ,brady ,handgun ,violence ,prevention ,act 7#ah ,u4,s4,c4 #ibb note7 is amended by adding at the end the following3 7,f7 ,application to ,federal courts ,in this paragraph-- 7i7 the terms department or agency of the ,united ,states and ,federal department or agency include a ,federal court2 and 7ii7 for purposes of any request1 submission1 or notification1 the ,director of the ,administrative ,office of the ,united ,states ,courts shall perform the functions of the head of the department or agency4 4 ,,iv ,reauthorizations and offset #dja4 ,reauthorization of appropriations 7a7 ,adult and juvenile collaboration programs ,subsection 7o7 of section #biia of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgig;aa71 as redesignated by section #bjc1 is amended-- 7#a7 in paragraph 7#a77;,c71 by striking #bjji through #bjad and inserting #bjaf through #bjbj2 and 7#b7 by adding at the end the following3 7#c7 ,limitation ,not more than #bj percent of the funds authorized to be appropriated under this section may be used for purposes described in subsection 7j7 7relating to veterans74 4 7b7 ,mental health courts and qualified drug treatment programs ,section #ajja7;a7 of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgic7;a77 is amended-- 7#a7 in paragraph 7#bj71 by striking #bjja through #bjjd and inserting #bjaf through #bjbj2 and 7#b7 in paragraph 7#bf71 by striking #bjji and #bjaj and inserting #bjaf through #bjbj4 #djb4 ,offset 7a7 ,definition ,in this subsection1 the term covered amounts means the unobligated balances of discretionary appropriations accounts1 except for the discretionary appropriations accounts of the ,department of ,defense1 the ,department of ,veterans ,affairs1 and the ,department of ,homeland ,security4 7b7 ,rescission 7#a7 ,in general ,effective on the first day of each of fiscal years #bjaf through #bjbj1 there are rescinded from covered amounts1 on a pro rata basis1 the amount described in paragraph 7#b74 7#b7 ,amount of rescission ,the amount described in this subparagraph is the sum of the amounts authorized to be appropriated under paragraphs 7#bj7 and 7#bf7 of section #ajja7;a7 of title ,i of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#db ,u4,s4,c4 #cgic7;a774 7#c7 ,report ,not later #fj days after the first day of each of fiscal years #bjaf through #bjbj1 the ,director of the ,office of ,management and ,budget shall submit to ,congress and the ,secretary of the ,treasury a report specifying the account and amount of each rescission under this subsection4