Justice and Mental Health Collaboration Reauthorization Act of 2022
Floor Speech
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Mr. NADLER. Mr. Speaker, I move to suspend the rules and pass the bill (S. 3846) to reauthorize the Justice and Mental Health Collaboration Program, and for other purposes, as amended.
The Clerk read the title of the bill.
The text of the bill is as follows: S. 3846
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled, SECTION 1. SHORT TITLE.
This Act may be cited as the ``Justice and Mental Health Collaboration Reauthorization Act of 2022''. SEC. 2. REAUTHORIZATION OF THE JUSTICE AND MENTAL HEALTH COLLABORATION PROGRAM.
Section 2991(b)(5) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10651(b)(5)) is amended--
(1) in subparagraph (I)--
(A) in clause (i), by striking ``teams and treatment accountability services for communities'' and inserting ``teams, treatment accountability services for communities, and training for State and local prosecutors relating to diversion programming and implementation'';
(B) in clause (v)--
(i) in subclause (III), by striking ``and'' at the end;
(ii) in subclause (IV), by striking the period at the end and inserting ``; and''; and
(iii) by adding at the end the following:
``(V) coordinate, implement, and administer models to address mental health calls that include specially trained officers and mental health crisis workers responding to those calls together.''; and
(C) by adding at the end the following:
``(vi) Suicide prevention services.--Funds may be used to develop, promote, and implement comprehensive suicide prevention programs and services for incarcerated individuals that include ongoing risk assessment.
``(vii) Case management services.--Funds may be used for case management services for preliminary qualified offenders and individuals who are released from any penal or correctional institution to--
``(I) reduce recidivism; and
``(II) assist those individuals with reentry into the community.
``(viii) Enhancing community capacity and links to mental health care.--Funds may be used to support, administer, or develop treatment capacity and increase access to mental health care and substance use disorder services for preliminary qualified offenders and individuals who are released from any penal or correctional institution.
``(ix) Implementing 988.--Funds may be used to support the efforts of State and local governments to implement and expand the integration of the 988 universal telephone number designated for the purpose of the national suicide prevention and mental health crisis hotline system under section 251(e)(4) of the Communications Act of 1934 (47 U.S.C. 251(e)(4)), including by hiring staff to support the implementation and expansion.''; and
(2) by adding at the end the following:
``(K) Teams addressing mental health calls.--With respect to a multidisciplinary team described in subparagraph (I)(v) that receives funds from a grant under this section, the multidisciplinary team--
``(i) shall, to the extent practicable, provide response capability 24 hours each day and 7 days each week to respond to crisis or mental health calls; and
``(ii) may place a part of the team in a 911 call center to facilitate the timely response to mental health crises.''. SEC. 3. EXAMINATION AND REPORT ON PREVALENCE OF MENTALLY ILL OFFENDERS.
Section 5(d) of the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2008 (Public Law 110-416; 122 Stat. 4355) is amended by striking ``2009'' and inserting ``each of fiscal years 2023 through 2027''.
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Mr. NADLER. 3846.
Mr. Speaker, S. 3846, the Justice and Mental Health Collaboration Reauthorization Act of 2022, is bipartisan legislation that would reauthorize and make necessary improvements to the Justice and Mental Health Collaboration Program, or JMHCP, within the Department of Justice.
Since the start of the COVID-19 pandemic, communities across the country have grappled with worsened mental health. There continues to be a need to adequately address the mental health needs of our communities and to redirect people in crisis away from the criminal justice system and into the healthcare system.
State and local governments use JMHCP grants for critical services to address the mental health needs of their communities, including by establishing diversion programs, creating or expanding community-based treatment programs, supporting the development of curricula for police academies and orientations, and providing in-jail treatment and transitional services.
Additionally, grant funds are used to train law enforcement on identifying and improving their responses to people experiencing a mental health crisis. This program, which was first created in 2004, was reauthorized in 2008 and again in 2016 with bipartisan support.
S. 3846 will make needed improvements to the grant program by strengthening support for mental health courts and crisis intervention teams; supporting diversion programming and training for State and local prosecutors; strengthen support for co-responder teams; and supporting the integration of the national suicide prevention and mental health crisis hotline system into the existing public safety system.
This bill will also increase allowable uses for grant funds to include suicide prevention in jails and clarify that crisis intervention teams can be placed in 911 call centers.
This bipartisan bill improves the efficacy of the JMHCP grant program and is supported by a wide range of stakeholders, including the Addiction Policy Forum, the American Foundation for Suicide Prevention, the Major Cities Chiefs Association, Major County Sheriffs of America, National Alliance on Mental Illness, and many others.
I thank Senator Cornyn for introducing the bill and Congressman Bobby Scott for introducing the House version of this important legislation. I urge all of my colleagues to support the bill, and I reserve the balance of my time.
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Mr. NADLER. Jackson Lee), a member of the Judiciary Committee.
Ms. JACKSON LEE. Mr. Speaker, I rise, first of all, to thank the chairman and to thank the sponsor, my friend from Virginia, Congressman Bobby Scott.
As I think of my dear friend from Virginia, let me also acknowledge my deep sadness for the loss of our dear friend, Congressman McEachin, and acknowledge the beauty of his service and, of course, his compassion and his true spirit, a true American hero.
Mr. Speaker, I will quickly say that any of us who have been engaged in the criminal justice arena, who have engaged with police officers, whether they are local, State, or Federal, those of us who have served as judges, understand the value of this important legislation. It is bipartisan and will build on the success of the JMHCP grant program and make necessary improvements to enable State and local governments to better serve their communities.
This reauthorization will make critical improvements to the JMHCP program which supports services for individuals with mental health issues who are involved in the criminal justice system, including expansions in suicide prevention in jails and prisons, co-responder programs that pair law enforcement with mental health professionals and, of course, recognizing that though we give them this responsibility, law enforcement needs to have wraparound services and those that have the expertise to work with those suffering from mental health crises.
With the continued impact of the COVID-19 pandemic, communities across the country have suffered increased challenges in addressing mental health. We, as Democrats, have consistently said that we need a holistic approach.
Again, I said that we take no back seat to fighting crime and being successful, but we understand public safety and civil rights.
I thank Chairman Scott for this work and for acknowledging where we are at a loss; that is, with people who are suffering mental health issues.
Now, we have had a series of mass murders, mass killings, of course using the weapon of choice for young men who espouse hatred, but many have been determined or assessed to have had mental health crisis issues, at least that has been the defense. We now need to really invest in this program and ensure that this is a national program.
In 2018, Harris County Jail, mental health division expanded as an alternative to jail, diverting individuals with mental health illnesses away from incarceration. I want to see this program grow. The updated diversion program allows law enforcement to direct individuals with mental illness over to these programs; those picked up for low-level, nonviolent offenses. Many of us know that these are sometimes homeless persons, and many of these persons are veterans. By the way, we have a veterans' court in Harris County.
So I am excited about this bipartisan legislation that would also support State implementation of the newly established 988 suicide crisis hotline. I ask my colleagues to support this legislation.
Mr. Speaker, I include in the Record letters of support from the National Fraternal Order of Police, the Conference of Chief Justices Conference of State Court Administrators, among others.
Mr. Speaker, I ask my colleagues to support this legislation. National Fraternal Order of Police, April 29, 2022. Hon. John Cornyn III, U.S. Senate, Washington, DC.
Dear Senator Cornyn: I am writing on behalf of the members of the Fraternal Order of Police to advise you of our support for S. 3846, the ``Justice and Mental Health Collaboration Reauthorization Act.''
According to recent studies, one in ten calls for service to law enforcement involve a person suffering from a mental illness. One in three people taken to a hospital emergency room for psychiatric reasons are transported there by law enforcement. Our officers respond to these calls for service with care, compassion, and professionalism. While we have come a long way in our ability to handle these incidents safely and effectively, law enforcement officers need the training and resources this legislation provides.
The legislation would reauthorize the Justice and Mental Health Collaboration Program (JMHCP) through 2026. First authorized in 2004, JMHCP grants have funded mental health courts, other court-based initiatives, diversion and deflection programs, crisis intervention teams, training for local police departments, and other programs to improve outcomes for people with mental illness and co-occurring substance use conditions who come into contact with the justice system. In addition to adding $10 million to program funding, this legislation would also expand the allowable uses of grants to include the funding of crisis response teams, suicide prevention in jails, and the hiring of community health workers.
Law enforcement officers have one of the toughest and most dangerous jobs in the United States. They are tasked with keeping our streets and neighborhoods safe from crime, ensuring that every citizen can live free and without fear. By putting funding and resources into improving mental health outcomes across the criminal justice system, this bill ensures that law enforcement officers will have a reduced risk of encountering dangerous situations on a day-to-day basis.
On behalf of the more than 364,000 members of the Fraternal Order of Police, I am pleased to offer our support for this legislation. If I can be of any further assistance, please do not hesitate to contact me or Executive Director Jim Pasco in our Washington, D.C. office. Sincerely, Patrick Yoes, National President. ____ Conference of Chief Justices, Conference of State Court Administrators, November 23, 2022. Hon. John Cornyn, U.S. Senate, Washington, DC. Hon. Robert C. Scott, Washington, DC. Hon. Amy Klobuchar, U.S. Senate, Washington, DC. Hon. Steve Chabot, Washington, DC.
Dear Leaders of the Senate and the House of Representatives: The Conference of Chief Justices (CCJ) and Conference of State Court Administrators (COSCA) represents the highest judicial officer and court executive of each state, the U.S. Territories, and the District of Columbia. Together with the National Center for State Courts (NCSC), the Conferences work to improve the administration of justice throughout the United States. State courts are our nation's primary court system handling over 95 percent of the nation's litigation. It is in this capacity that we write as the presidents of the Conference to express our support for your legislation, S. 3846/H.R. 8166. If enacted, this legislation would reauthorize and further expand the Justice and Mental Health Collaboration Program (JMHCP) to provide resources for mental health courts, veterans treatment courts, crisis intervention services, and other key interventions to improve the justice system's response to individuals with mental illness.
The prevalence of mental illness in the United States has an enormous impact on communities and a disproportionate impact on our state and local courts. According to the National Institute of Mental Health, nearly one in five U.S. adults live with a mental illness--over 50 million in 2020-- and over 13 million adults live with serious mental illness. Individuals with mental illnesses in the U.S. are 10 times more likely to be incarcerated than they are to be hospitalized. On any given day, approximately 380,000 people with mental illnesses are in jail or prison across the U.S., and another 574,000 are under some form of correctional supervision. For too many individuals with serious mental illness, substance use disorder, or both, the justice system is the de facto provider of treatment services. Except for self-referral, state courts are the number one referrer in the nation for treatment services.
In March 2020, the CCJ, COSCA, and NCSC established the National Judicial Task Force to Examine State Courts' Response to Mental Illness to assist state courts in their efforts to respond to the needs of court-involved individuals with severe mental illness more effectively. The task force recently released its national report, which provides examples of successful programs from across the nation and shares recommendations for change that call for action by all state and local court leaders, behavioral health and other community partners, and other state and federal agencies to more effectively to meet the needs of justice-involved individuals with serious mental illness. The report can be found at: MHTF State Courts Leading Change.pdf (ncsc.org).
Recommendations from the Task Force include:
Examine the continuum of behavioral health deflection and diversion options available in each community to promote deflection and diversion to treatment options at the earliest point possible.
Convene justice and behavioral health system partners to identify opportunities to collaboratively improve our responses to individuals with behavioral health disorders.
Proactively promote processes to identify and divert individuals with behavioral health disorders at every stage of system involvement towards treatment and away from further penetration into the criminal justice system.
Examine current case management and calendaring practices for all types of cases and implement strategies to more quickly and effectively address issues presented in cases involving individuals with behavioral health needs.
Thank you for your continued leadership and commitment to helping each intercept point in the criminal justice system improve our response to individuals experiencing a mental health crisis. Please feel free to direct your staff to Chris Wu if there is any way we can be of assistance. Sincerely, Chief Justice Loretta Rush, President,
Conference of Chief Justices. Karl Hade, President,
Conference of State Court Administrators. ____ November 10, 2022.
Dear Leaders of the House of Representatives: We are writing today to strongly urge you to bring up and swiftly pass H.R. 8166/S. 3846, the Justice and Mental Health Collaboration Reauthorization Act of 2022 on suspension when the House of Representatives returns for the lame-duck session. This bipartisan legislation makes critical improvements to the Justice and Mental Health Collaboration Program (JMHCP), which supports jurisdictions creating collaborative responses to people with mental illnesses or co-occurring mental health and substance abuse disorders in the criminal justice system. We applaud the work of the Senate Judiciary Committee, which unanimously approved the bill in May. The Senate has already shown their strong support for the bill by passing it by unanimous consent in June. Now it is time for the House to show their support for state and local governments that are working on this complex issue by bringing the bill to the floor.
Since its inception, JMHCP has supported initiatives across the country to reduce contact with the criminal justice system and increase access to treatment and supports for people with behavioral health needs. JMHCP was created by the Bureau of Justice Assistance in 2006 as a critical way to support the Mentally Ill Offender Treatment and Crime Reduction Act (MIOTCRA), which was signed into law in 2004 by then-President George W. Bush. JMHCP's mission, then and now, has been to unify justice and health partners around a common goal: reducing criminal justice involvement for people with mental illness.
Collectively, state and local governments use JMHCP grants for a broad range of activities, including establishing diversion programs, creating or expanding community-based treatment programs, supporting the development of curricula for police academies and orientations, and providing in-jail treatment and transitional services, and training programs to teach criminal justice, law enforcement, corrections, mental health, and substance use personnel how to identify and appropriately respond to incidents involving veterans. Additionally, grant funds may be used to train law enforcement on identifying and improving their responses to people experiencing a mental health crisis. The program was reauthorized in 2008 and again in 2016 with bipartisan support.
The Justice and Mental Health Collaboration Reauthorization Act of 2022 will:
Strengthen support for mental health courts and crisis intervention teams (CITs); Support diversion programming and training for state and local prosecutors; Strengthen support for co-responder teams; Support the integration of 988 into the existing public safety system;
Amend allowable uses for grant funds to include suicide prevention in jails and information-sharing between mental health systems and jails/prisons;
Amend allowable uses to include case management services and supports; and
Clarify that crisis intervention teams can be placed in 911 call centers.
The law enforcement, training and treatment components of JMHCP will help law enforcement better handle calls involving people with mental health and substance use challenges. Jurisdictions across the country are implementing strategies to improve the outcomes of these encounters, which includes providing specialized training and tools that can yield a response that prioritizes treatment over incarceration, when appropriate. CITs, along with other practices authorized under the legislation, have been proven to be effective in reducing recidivism, enhancing public safety, and freeing up criminal justice resources for traditional crime fighting purposes.
With the responsibility of treating people with mental illness often falling on an already strained criminal justice system, it is imperative that we provide resources to help law enforcement officers, judges, corrections officers, and mental health professionals develop more thoughtful and cost- effective programs. We strongly urge the House to support law enforcement and our communities better serve individuals with mental health disorders and to increase public safety by passing the Justice and Mental Health Collaboration Reauthorization Act in the lame-duck session. Sincerely,
National Fraternal Order of Police; National Sheriffs Association (NSA); Major County Sheriffs of America; Conference of Chief Justices; Conference of State Court Administrators; Wounded Warrior Project; Addiction Policy Forum; National Association of Counties; National League of Cities; American Foundation for Suicide Prevention; National District Attorneys Association; National Alliance on Mental Illness; National Association of Police Organizations; American Jail Association.
National Association of State Mental Health Program Directors; National Association of State Alcohol and Drug Abuse Directors; The Council of State Governments Justice Center; Major Cities Chiefs Association; American Probation and Parole Association; Faith & Freedom Coalition; Meadows Mental Health Policy Institute; Leslie County Sheriffs Office; Elliot County Sheriffs Office; Union County Sheriffs Office; Grayson County Sheriffs Office; Knox County Sheriffs Office.
Mr. Speaker, I rise in support of S. 3846, the ``Justice and Mental Health Collaboration Reauthorization Act of 2022,'' a bipartisan bill that would build on the success of the JMHCP grant program and make necessary improvements to enable state and local governments to better serve their communities.
This reauthorization would make critical improvements to the JMHCP program--which supports services for individuals with mental health issues who are involved in the criminal justice system--including expansions in suicide prevention in jails and prisons; co-responder programs that pair law enforcement with mental health professionals; and crisis intervention teams within 911 call centers.
With the continued impact of the COVID-19 pandemic, communities across the country have suffered increased challenges in addressing mental health. We know that individuals suffering from mental illness belong in our health care system and not our criminal justice system.
Democrats have worked consistently throughout this Congress to address issues of public safety from a holistic approach, one that does not require us to choose between our rights and our safety. We know that public safety and respect for civil rights can coexist and that supporting interventions to respond to individuals in crisis with compassion rather than force builds stronger and safer communities.
This bill would improve existing programs within the Department of Justice that divert individuals with mental illness away from the criminal justice system towards treatment and health care.
Since 2006, JMHCP grants have funded 620 awardees across 49 states and territories. With these funds law enforcement agencies have established co-responder teams, mobile crisis teams, and crisis intervention teams to improve encounters with individuals in crisis and connect them with the services they need.
JMHCP supports 14 law enforcement mental health learning sites, including both the Harris County Sheriffs Department and the Houston Police Department, that serve as peer resources to grantees and communities throughout the country.
In 2018, the Harris County Mental Health Jail Diversion Program expanded as an alternative to jail--diverting individuals with mental illness away from incarceration and into the health care and treatment that they need. The updated diversion program allows law enforcement to direct individuals with mental illness, who have been picked up for low-level, non-violent offenses, to more appropriate mental health interventions.
These initiatives at the state and local level have been successful and S. 3846 would provide an opportunity for the federal government to increase support to these programs and build on what we know works.
This bipartisan legislation would also support state implementation of the newly established 988 Suicide and Crisis hotline, which is a lifeline for individuals in suicidal crisis or emotional distress seeking help.
This bill would also provide additional resources for law enforcement as they work to keep communities safe and respond effectively and appropriately to individuals in mental health crisis.
S. 3846 is a common-sense bipartisan bill that would improve public safety and strengthen our communities. I thank Representative Bobby Scott for taking the lead on the House companion, of which I cosponsored along with Representatives Steve Chabot and Tom Emmer. I urge all my colleagues to support this legislation.
Mr. Speaker, the Justice and Mental Health Collaboration Program funds a variety of essential services to support the mental health needs of communities across the country and redirect people in crisis away from the criminal justice system and into the healthcare system.
This legislation would reauthorize and strengthen this important program so that it can continue to serve those in need of its services.
Mr. Speaker, I urge my colleagues to support this bill, and I yield back the balance of my time.
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