<-1Establishing the Criminal Justice and Mental Health Reinvestment
2Program; and providing for the powers and duties of the
3Pennsylvania Commission on Crime and Delinquency.

<-4Amending the act of November 22, 1978 (P.L.1166, No.274),
5entitled "An act establishing the Pennsylvania Commission on
6Crime and Delinquency, providing for its powers and duties
7establishing several advisory committees within the
8commission and providing for their powers and duties,"
9further providing for the Pennsylvania Commission on Crime
10and Delinquency; and establishing the Mental Health and
11Justice Advisory Committee and the Mental Health and Justice
12Grant Program.

13The General Assembly of the Commonwealth of Pennsylvania
14hereby enacts as follows:

<-15Section 1. Short title.

16This act shall be known and may be cited as the Criminal
17Justice and Mental Health Reinvestment Act.

18Section 2. Definitions.

19The following words and phrases when used in this act shall
20have the meanings given to them in this section unless the
21context clearly indicates otherwise:

22"Advisory committee." The Advisory Committee for Criminal
 

1Justice and Mental Health Reinvestment.

2"Commission." The Pennsylvania Commission on Crime and 
3Delinquency.

4"Program." The Criminal Justice and Mental Health 
5Reinvestment Program.

6Section 3. Criminal Justice and Mental Health Reinvestment
7Program.

8(a) Establishment.--The Criminal Justice and Mental Health
9Reinvestment Program is hereby established. The commission shall
10administer the program.

11(b) Purpose.--The purpose of the program is to provide
12funding to counties with which they can plan, implement or
13expand initiatives that increase public safety, avert increased
14spending on criminal justice and improve the effectiveness of
15treatment services for individuals with mental illnesses,
16substance abuse disorders or co-occurring mental health and
17substance abuse disorders and who are involved or at risk of
18involvement with the criminal justice system.

19(c) Advisory committee.--

20(1) The Advisory Committee for Criminal Justice and
21Mental Health Reinvestment is hereby established.

22(2) The advisory committee shall have oversight
23responsibilities for the program, which shall include
24monitoring both the grant process and outcome aspects of the
25program. The advisory committee shall advise the commission
26in establishing the criteria to be used to review submitted
27grant proposals and to select counties that will be awarded
28grants.

29(3) The advisory committee shall be comprised of one
30representative from each of the following agencies or

1organizations:

2(i) The Department of Public Welfare.

3(ii) The Department of Corrections.

4(iii) The Department of Health.

5(iv) The Pennsylvania Board of Probation and Parole.

6(v) The Administrative Office of Pennsylvania
7Courts.

8(d) Types of grants.--A county may apply for a one-year
9planning grant, a two-year implementation grant or a two-year
10expansion grant. The purpose of the grant is to demonstrate that
11investment in treatment efforts related to mental illness,
12substance abuse disorders or co-occurring disorders results in
13reduced demand on the resources of the judicial, corrections or
14health and social services systems.

15(e) Eligibility.--

16(1) To be eligible to receive a one-year planning grant,
17a two-year implementation grant or a two-year expansion
18grant, a county applicant must submit a proposal on behalf of
19county criminal justice and mental health or substance abuse
20service entities.

21(2) When developing the proposal, the county shall
22consult with county criminal justice and mental health or
23substance abuse service entities, as well as the public. At a
24minimum, the following shall be consulted for purposes of
25developing the proposal:

26(i) Court of Common Pleas.

27(ii) Board of County Commissioners or county
28executive.

29(iii) District Attorney.

30(iv) Public defender.

1(v) The warden of the county correctional
2institution.

3(vi) Single county authority.

4(vii) Mental Health/Mental Retardation Office.

5(viii) Local law enforcement.

6(ix) A primary consumer of mental health services.

7(x) A primary consumer of substance abuse services.

8(xi) A family member of a primary consumer of
9community-based treatment services.

10(xii) A representative from an area homeless program
11or a supportive housing program.

12(xiii) The director of a juvenile detention
13facility.

14(f) Requirements.--

15(1) (i) The application criteria for a one-year
16planning grant shall include a requirement that the
17applicant county will develop a strategic plan to
18initiate systemic change to identify and treat
19individuals who have mental illnesses, substance abuse
20disorders or co-occurring mental health and substance
21abuse disorders who are in, or at risk of entering, the
22criminal justice system.

23(ii) The one-year planning grant shall be used to
24develop effective collaboration efforts among
25participants in affected governmental agencies, including
26the criminal and civil justice systems, mental health and
27substance abuse treatment service providers,
28transportation programs and housing assistance programs.
29The collaboration efforts shall be the basis for
30developing a problem-solving model and strategic plan for

1treating persons who are in, or at risk of entering, the
2criminal justice system and doing so at the earliest
3point of contact, taking into consideration public
4safety.

5(iii) The planning grant shall include strategies to
6divert individuals from judicial commitment to community-
7based service programs.

8(2) The application for a two-year implementation
9program shall include information from a county that
10demonstrates its completion of a well-established
11collaboration plan that includes public-private partnership
12models and the application of evidence-based practices.

13(3) The implementation or expansion grants may support
14programs and diversion initiatives that include, but need not
15be limited to:

16(i) Specialized responses by law enforcement
17agencies.

18(ii) Centralized receiving facilities for
19individuals evidencing behavioral difficulties.

20(iii) Postbooking alternatives to incarceration.

21(iv) New court programs, including pretrial services
22and specialized dockets.

23(v) Specialized diversion programs.

24(vi) Intensified transition services that are
25directed to the designated populations while they are in
26jail to facilitate their transition to the community.

27(vii) Specialized probation and parole processes.

28(viii) Day-reporting centers.

29(ix) Linkages to community-based, evidence-based
30treatment programs for people who have mental illness or

1substance abuse problems.

2(x) Community services and programs designed to
3prevent criminal justice involvement of high-risk
4populations.

5(xi) Specialized training for criminal justice and
6treatment services professionals.

7(4) Each county application shall include the following
8information:

9(i) An analysis of the current jail population in
10the county, which shall include:

11(A) The screening and assessment process that
12the county uses to identify a person who has a mental
13illness, substance abuse problem or co-occurring
14disorder.

15(B) The percentage of each category of persons
16admitted to the jail which represents people who have
17a mental illness, substance abuse problem or co-
18occurring disorder.

19(C) An analysis of observed contributing factors
20that affect county jail population trends.

21(ii) A description of the strategies the county
22intends to use to serve one or more clearly defined
23subsets of the jail population that have a mental illness
24or to serve those at risk of arrest and incarceration.
25The proposed strategies may include identifying the
26population designated to receive the new interventions, a
27description of the services and supervision methods to be
28applied to that population and the goals and measurable
29objectives of the new interventions.

30(iii) The projected effect the proposed initiatives

1will have on the jail population and the jail's budget.
2The information shall include:

3(A) The county's estimate of how the initiative
4will reduce the expenditures associated with the
5incarceration of people who have a mental illness.

6(B) The methodology that the county intends to
7use to measure the defined outcomes and the
8corresponding savings or averted costs.

9(C) The county's estimate of how the cost
10savings or averted costs will sustain or expand the
11mental health and substance abuse treatment services
12and supports needed in the community.

13(D) How the county's proposed initiative will
14reduce the number of individuals judicially committed
15to a State mental health treatment facility.

16(iv) The proposed strategies that the county intends
17to use to preserve and enhance its community mental
18health and substance abuse system, which system serves as
19the local behavioral health safety net for low-income and
20uninsured individuals.

21(v) The proposed strategies that the county intends
22to use to continue the implemented or expanded programs
23and initiatives that have resulted from the grant
24funding.

25Section 4. Powers and duties of commission.

26(a) Application.--The commission shall develop an
27application procedure with input from the advisory committee.

28(b) Grants.--

29(1) The commission shall award grants to counties that
30apply to the commission for funds to assist in planning,

1implementing or expanding initiatives that increase public
2safety, avert increased spending on criminal justice and
3improve the effectiveness of treatment services for
4individuals with mental illnesses, substance abuse disorders
5or co-occurring mental health and substance abuse disorders
6who are involved or at risk of involvement with the criminal
7justice system.

8(2) The commission shall base the number of grants on
9the amount of funds appropriated by the General Assembly and
10other funds available for the purposes of this act.

11(3) The amount of a specific grant shall be based on the
12category of the award: planning, implementation or expansion.
13Planning grants shall be proportionately smaller than
14implementation grants, which shall be proportionately smaller
15than expansion grants, as determined by the commission in
16consultation with the advisory committee.

17(c) Monitoring and reporting.--

18(1) The commission shall monitor a county's use of
19grants awarded under this act and may require an accounting
20of the use of the funds.

21(2) The commission shall annually report to the
22Judiciary Committee of the Senate and the Judiciary Committee
23of the House of Representatives on the program. The report
24shall include the numbers and the amounts of the grants
25awarded, the counties receiving the grants and any other
26relevant information.

27Section 5. Effective date.

28This act shall take effect July 1, 2013, or immediately,
29whichever is later.

<-30Section 1. Section 2(d)(2) of the act of November 22, 1978

1(P.L.1166, No.274), referred to as the Pennsylvania Commission
2on Crime and Delinquency Law, amended October 25, 2012
3(P.L.1607, No.196), is amended and subsection (b) is amended by
4adding a paragraph to read:

5Section 2. Pennsylvania Commission on Crime and Delinquency.

6* * *

7(b) Composition.--The commission shall consist of the
8following members:

9* * *

10(17.3) Chairman of the Mental Health and Justice
11Advisory Committee.

12* * *

13(d) Term of office.--

14* * *

15(2) The term of the [chairman] chairmen of the Juvenile
16Justice and Delinquency Prevention Committee and the Mental 
17Health and Justice Advisory Committee shall be concurrent
18with [his] their service as [chairman of that committee]
19chairmen of their respective committees.

20* * *

21Section 2. The act is amended by adding sections to read:

22Section 7.3. Mental Health and Justice Advisory Committee.

23(a) Establishment.--There is hereby established the Mental
24Health and Justice Advisory Committee within the commission.

25(b) Composition.--The members of the committee shall be
26appointed by the Governor and shall include representatives of
27the Department of Corrections, the Department of Drug and
28Alcohol Programs, the Department of Military and Veterans
29Affairs, the Office of Mental Health Services and Substance
30Abuse Services of the Department of Public Welfare, the

1Pennsylvania Board of Probation and Parole, the Administrative
2Office of Pennsylvania Courts, the Pennsylvania Commission on
3Sentencing, units of local government, public and private
4agencies and organizations which provide or advocate for mental
5health treatment and services, agencies which provide housing
6for the mentally ill, victim service agencies, drug and alcohol
7treatment providers, police, district attorneys, public
8defenders, judges of the courts of common pleas, county adult
9and juvenile probation officers, county wardens and any other
10individuals with expertise in the public safety response and
11management, treatment or provision of services to individuals
12with mental illness involved in the juvenile justice or criminal
13justice system.

14(c) Term.--Members shall serve for a four-year term and may
15be appointed for no more than one additional consecutive term.

16(d) Number and qualifications.--The committee shall consist
17of no more than 33 members, all of whom must have experience in
18the public safety response and management, treatment or
19provision of services to individuals with mental illness
20involved in the juvenile justice or criminal justice system.

21(e) Conditions of appointment.--The committee and its
22members are subject to the same limitations and conditions
23imposed upon the commission as prescribed in section 2(d), (e),
24(h), (i), (m) and (n).

25(f) Quorum.--A majority of the members shall constitute a
26quorum and a vote of the majority of the members present shall
27be sufficient for all actions.

28(g) Chairman.--The Governor shall appoint a chairman from
29among the members of the committee who shall serve at the
30pleasure of the Governor. A vice chairman shall be designated by

1the chairman and preside at meetings in the absence of the
2chairman. The committee shall meet at the call of the chairman,
3but not less than four times a year.

4(h) Powers and duties.--The Mental Health and Justice
5Advisory Committee shall have the power, and its duty shall be:

6(1) To serve in an advisory capacity to the commission
7through the committee's participation in the development of
8that part of the commission's comprehensive plan relating to
9the provision of treatment and services to individuals with
10mental illness involved in the juvenile justice and criminal
11justice systems.

12(2) To serve the commission in an advisory capacity
13relating to the direct approval and disbursement of financial
14assistance.

15(3) To advise the commission on the definition,
16development and correlation of programs and projects and the
17establishment of priorities for the provision of treatment
18and services to individuals with mental illness involved in
19the juvenile justice and criminal justice systems.

20(4) Upon request, to provide whatever assistance and
21advice to the commission on any other matters relating to the
22provision of treatment and services to individuals with
23mental illness involved in the juvenile justice and criminal
24justice systems.

25(i) Resource and staff support.--The Department of Public
26Welfare and the Department of Corrections shall cooperate with
27the commission in providing resources to the commission in
28support of the committee. Staff support shall be made available
29to the committee by the executive director in order to
30adequately perform the duties provided for in this section.

1Section 8.2. Mental Health and Justice Grant Program.

2(a) Establishment.--There is hereby established the Mental
3Health and Justice Grant Program within the commission.

4(b) Awarding grants.--The commission shall award grants to
5assist in planning, implementing or expanding initiatives that
6increase public safety, avert increased spending on criminal
7justice and improve the effectiveness of treatment services for
8individuals with mental illnesses, substance abuse disorders or
9co-occurring mental health and substance abuse disorders who are
10involved or at risk of involvement with the criminal justice
11system.

12(c) Number of grants.--The commission shall base the number
13of grants on the amount of funds appropriated by the General
14Assembly and other funds available for the purposes of this act.

15Section 3. This act shall take effect in 90 days.