Issue: Mental Health Courts Appropriations

Impact:

This program provides federal funding for courts.

Position:

 State courts advocate for resources necessary to advance and apply the problem-solving courts principles and methods in the general state court systems.

Summary:

America’s Law Enforcement and Mental Health Project (PL 106-515), sponsored by then Senator Mike DeWine (R-OH), authorized $10M/year in grants through FY2004. Grants are for programs that provide “continuing judicial supervision” over misdemeanor and nonviolent offenders with mental illness, retardation, or co-occurring mental illness and substance abuse disorders. As authorized, the bill would fund mental health courts modeled after programs in Broward County, FL and King County, WA.

In 2003, then Senator DeWine introduced the Mentally Ill Offender Treatment and Crime Reduction Act (S 1194), which was approved by Congress and became PL 108-414 on 10/30/04. Grants under S 1194 can be used to create/expand: (1) mental health courts or court-based programs; (2) programs that offer specialized training to criminal or juvenile justice agency officers and employees and mental health personnel in identifying symptoms in order to respond appropriately to individuals with mental illnesses; (3) programs that support cooperative efforts by criminal, juvenile justice, and mental health agencies to promote public safety by offering mental health and substance abuse treatment services; and (4) programs that support intergovernmental cooperation between State and local governments with respect to the mentally ill offender.

Status:

 Mental health courts and adult and juvenile collaboration program grants were funded at $6.5 million in the FY08 omnibus appropriations legislation (PL 110-161).

The Senate Appropriations Committee has approved $12 million for FY 2009. The House CJS Subcommittee has proposed $10 million.
On 10/30/07, Representative Bobby Scott (D-VA) introduced the Mentally Ill Offender Treatment and Crime Reduction Reauthorization and Improvement Act of 2007 (HR 3992), which includes reauthorization of the mental health court grant program and the adult and juvenile collaboration grant programs. On 1/23/08, the House approved HR 3992 by voice vote.

On 11/5/07, Senator Pete Domenici (R-NM) also introduced a reauthorization bill (S 2304). On 3/6/08, the Senate Judiciary Committee approved by voice vote an amended S 2304 to reauthorize the Mentally Ill Offender Treatment and Crime Reduction Act through 2013. A substitute amendment by Chairman Leahy brought the Senate bill in line with HR 3992. The Senate approved S 2304 by unanimous consent on 9/26/08. The House approved S 2304 by a voice vote on 9/29/08 and the President signed the bill on 10/14/08 making it P.L. 110-416.

The program is currently operating under the continuing resolution, which expires on 3/6/09.