Us Congress 2025-2026 Regular Session

Us Congress House Bill HB1392 Compare Versions

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11 I
22 119THCONGRESS
33 1
44 STSESSION H. R. 1392
55 To provide funding to the Bureau of Prisons, States, and localities to carry
66 out mental health screenings and provide referrals to mental healthcare
77 providers for individuals in prison or jail.
88 IN THE HOUSE OF REPRESENTATIVES
99 FEBRUARY14, 2025
1010 Ms. S
1111 HERRILLintroduced the following bill; which was referred to the
1212 Committee on the Judiciary
1313 A BILL
1414 To provide funding to the Bureau of Prisons, States, and
1515 localities to carry out mental health screenings and pro-
1616 vide referrals to mental healthcare providers for individ-
1717 uals in prison or jail.
1818 Be it enacted by the Senate and House of Representa-1
1919 tives of the United States of America in Congress assembled, 2
2020 SECTION 1. SHORT TITLE. 3
2121 This Act may be cited as the ‘‘Improving Mental 4
2222 Healthcare in the Re-Entry System Act of 2025’’. 5
2323 SEC. 2. GRANT PROGRAM. 6
2424 (a) E
2525 STABLISHMENT.—Not later than 90 days after 7
2626 the date of the enactment of this Act, the Attorney Gen-8
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2929 •HR 1392 IH
3030 eral shall establish a grant program (hereinafter referred 1
3131 to as the ‘‘Program’’) to implement and administer mental 2
3232 health screenings to individuals at intake into an eligible 3
3333 detention center and refer such individuals to mental 4
3434 healthcare providers before or immediately after exit from 5
3535 an eligible detention center, as applicable. 6
3636 (b) G
3737 RANTAUTHORITY.—In carrying out the Pro-7
3838 gram, the Attorney General may award a grant on a com-8
3939 petitive basis to an eligible recipient in accordance with 9
4040 this section. 10
4141 (c) A
4242 PPLICATION.—The Attorney General may award 11
4343 a grant under the Program to a State or locality, deter-12
4444 mined by the Attorney General to carry out a project de-13
4545 scribed in subsection (d). 14
4646 (d) E
4747 LIGIBLERECIPIENTS.— 15
4848 (1) H
4949 IRING REQUIREMENT .—To be eligible for 16
5050 a grant under the Program, a State or locality shall 17
5151 hire a mental health liaison staff member for each 18
5252 eligible detention center under its jurisdiction. If an 19
5353 eligible detention center has a small enough popu-20
5454 lation, subject to approval by the Advisory Board, 21
5555 one mental health liaison staff member may cover 22
5656 multiple detention centers. The mental health liaison 23
5757 staff member shall be responsible for— 24
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6161 (A) coordinating efforts between the prison 1
6262 or jail and mental health providers in the local 2
6363 region to help individuals currently or formerly 3
6464 in prison or jail access mental healthcare; 4
6565 (B) coordinating with the Advisory Board 5
6666 to ensure that the Program is operating in ac-6
6767 cordance with this section; and 7
6868 (C) overseeing and coordinating activities 8
6969 of the outreach team (as described in subsection 9
7070 (g)). 10
7171 (2) P
7272 LAN.—To be eligible for a grant under the 11
7373 Program, a State or locality shall submit a plan to 12
7474 the Advisory Board explaining how the Program es-13
7575 tablished shall meet the criteria under subsection 14
7676 (e). 15
7777 (3) R
7878 ELEVANT DATA.—To be eligible for a 16
7979 grant under the Program, a State or locality shall 17
8080 partner with the Advisory Board and an independent 18
8181 research organization to evaluate the impact of their 19
8282 program as a condition of receiving a grant, and are 20
8383 also required to share relevant data with the Advi-21
8484 sory Board and the research organization contracted 22
8585 with by the Attorney General as specified by section 23
8686 5(a) regarding individuals’ participation in the men-24
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8989 •HR 1392 IH
9090 tal health screen and referral program and their ar-1
9191 rest, arraignment, and incarceration rates. 2
9292 (e) E
9393 LIGIBLEPROJECTS.—Grant funds awarded 3
9494 under the Program may only be used to: 4
9595 (1) Develop and administer a brief mental 5
9696 health screening survey as required under subsection 6
9797 (f). 7
9898 (2) Develop any technology necessary for a pris-8
9999 on or jail to provide the survey under paragraph (1). 9
100100 (3) Hire any staff necessary for a prison or jail 10
101101 to provide the survey under paragraph (1). 11
102102 (4) Establish an outreach team pursuant to 12
103103 subsection (g) to refer an individual, if their re-13
104104 sponses to the survey indicate severe mental illness, 14
105105 to a local mental healthcare provider for further as-15
106106 sessment and outreach, admission (when necessary), 16
107107 and support for that individual in re-establishing ties 17
108108 with a mental health provider. 18
109109 (5) Pay the salary or overtime pay of an out-19
110110 reach team as established pursuant to subsection 20
111111 (g), including providing direct funding to a prison, 21
112112 jail, or mental health center to compensate staff 22
113113 members. 23
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116116 •HR 1392 IH
117117 (f) BRIEFMENTALHEALTHSCREENINGSURVEY.— 1
118118 The mental health screening survey developed and admin-2
119119 istered under subsection (e) shall: 3
120120 (1) Be composed of 5 to 10 questions. 4
121121 (2) Be based on the questions and content of 5
122122 the Brief Jail Mental Health Screen (BJMHS). 6
123123 (3) Seek to identify severe mental illnesses, in-7
124124 cluding schizophrenia, bipolar disorder, and major 8
125125 depression. 9
126126 (4) Ask individuals about the symptoms of se-10
127127 vere mental illness they may be experiencing or have 11
128128 experienced and any prior use of mental health-re-12
129129 lated medications or inpatient care. 13
130130 (5) Identify the individual’s place of residence. 14
131131 (6) Be administered by a trained staff member 15
132132 at the jail or prison to all entering individuals who 16
133133 are incarcerated in the jail or prison and to all in-17
134134 carcerated individuals who entered the jail or prison 18
135135 before the survey was implemented. 19
136136 (g) O
137137 UTREACHTEAM.— 20
138138 (1) I
139139 N GENERAL.—A referral to a mental 21
140140 healthcare provider, as described in subsection (e), 22
141141 shall be made by a mental health outreach team that 23
142142 is composed of— 24
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145145 •HR 1392 IH
146146 (A) mental healthcare professionals and 1
147147 clinicians from mental healthcare centers local 2
148148 to the prison or jail; 3
149149 (B) staff from the jail or prison, when ap-4
150150 plicable; and 5
151151 (C) a mental health liaison staff member 6
152152 who shall oversee the outreach team. 7
153153 (2) A
154154 LERT.—If an individual has been deter-8
155155 mined to need a referral to a mental healthcare pro-9
156156 vider, the mental health outreach team shall be noti-10
157157 fied immediately by jail or prison staff and in-11
158158 formed, when applicable, of the individual’s release 12
159159 date from such jail or prison and the individual’s 13
160160 trial date. 14
161161 (3) C
162162 ONTACT ATTEMPTS REQUIRED .— 15
163163 (A) I
164164 N GENERAL.—A mental health out-16
165165 reach team member shall first attempt to con-17
166166 tact an individual that has been determined to 18
167167 need a referral to a mental healthcare provider 19
168168 in person at the jail or prison, before such indi-20
169169 vidual is released. If in person contact was not 21
170170 made before such individual was released from 22
171171 prison or jail, the outreach team member shall 23
172172 attempt to contact via telephone such individual 24
173173 within 24 hours, and at the latest within 48 25
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176176 •HR 1392 IH
177177 hours, of their release from jail or prison for 1
178178 the purpose of making the mental health refer-2
179179 ral. The mental health outreach team member 3
180180 shall not need to contact the individual via tele-4
181181 phone after release if such contact was made in 5
182182 person. 6
183183 (B) A
184184 DDITIONAL CONTACTS .—A mental 7
185185 health outreach team member shall make at 8
186186 least three attempts at telephone contact for 9
187187 each individual that has been determined to 10
188188 need a referral to a mental healthcare provider 11
189189 if in person contact before release was not 12
190190 made. If phone contact is unsuccessful, a men-13
191191 tal health outreach team member shall attempt 14
192192 to contact the individual in person at their 15
193193 place of residence, as provided on the mental 16
194194 health survey. 17
195195 SEC. 3. BUREAU OF PRISONS. 18
196196 Not later than 90 days after the date of the enact-19
197197 ment of this Act, the Director of the Bureau of Prisons 20
198198 shall establish a program that is substantially similar to 21
199199 the Program established under section 2 to implement and 22
200200 administer mental health screenings to individuals at in-23
201201 take into an eligible detention center and refer such indi-24
202202 viduals to mental healthcare providers before or imme-25
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205205 •HR 1392 IH
206206 diately after exit from an eligible detention center, as ap-1
207207 plicable. 2
208208 SEC. 4. ADVISORY BOARD ON PROGRAM IMPLEMENTATION. 3
209209 (a) E
210210 STABLISHMENT.—Not later than 60 days after 4
211211 the date of the enactment of this Act, the Attorney Gen-5
212212 eral shall establish an Advisory Board to manage and ad-6
213213 minister the Program under section 2, with the responsi-7
214214 bility to: 8
215215 (1) Evaluate and approve the plans submitted 9
216216 by a State or locality as required under section 2 10
217217 and to ensure that grant funding is used as specified 11
218218 under section 2. 12
219219 (2) Monitor plans submitted by the Bureau of 13
220220 Prisons and advise the Attorney General on compli-14
221221 ance to ensure that funding to the Bureau of Pris-15
222222 ons is used as specified under section 2. 16
223223 (3) Provide technical assistance to a State or 17
224224 locality to help with the implementation and admin-18
225225 istration of mental health screening and referral pro-19
226226 grams that maximize impact on reducing crime rates 20
227227 and improving employment and wage rates for indi-21
228228 viduals released from prison or jail, and to assist a 22
229229 State or locality’s coordination with the Attorney 23
230230 General in implementing the Program. 24
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233233 •HR 1392 IH
234234 (4) Publish a database of completed evaluations 1
235235 of the impact of a Program, as specified under sec-2
236236 tion 5. 3
237237 (5) Create a working group of mental 4
238238 healthcare providers, jail and prison administrators, 5
239239 law enforcement officials, and operators of existing 6
240240 mental health screening and referral programs, as of 7
241241 the creation of the working group, to share best 8
242242 practices on how to create and implement mental 9
243243 health screening and referral programs that have the 10
244244 largest impact on reducing crime rates and improv-11
245245 ing employment and wage rates for individuals re-12
246246 leased from prison or jail. 13
247247 (6) Work in coordination with mental health 14
248248 outreach teams as established under section 2, to en-15
249249 sure that the Program is operating as required. 16
250250 (7) Determine if a grant awarded by the Pro-17
251251 gram is not meeting the requirements of the Pro-18
252252 gram and mandate necessary changes and reduce 19
253253 funding if such changes are not made. 20
254254 (8) Oversee the completion of required program 21
255255 evaluations as described under section 5, by— 22
256256 (A) contracting with one or more inde-23
257257 pendent research organizations to carry out an 24
258258 evaluation of the impact of each grant awarded 25
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261261 •HR 1392 IH
262262 under the Program on arrest, arraignment, and 1
263263 incarceration rates, employment and wage 2
264264 rates, and mental healthcare utilization rates of 3
265265 individuals who have been administered mental 4
266266 health screening; and 5
267267 (B) working with the Bureau of Prisons, 6
268268 States, and localities to ensure that the evalua-7
269269 tion is successfully completed. 8
270270 (b) T
271271 ECHNICALASSISTANCE.—The Advisory Board 9
272272 shall provide technical assistance to the Bureau of Pris-10
273273 ons, States, and localities in setting up and administering 11
274274 the Program and shall identify evidence-backed models for 12
275275 the administration of mental health screening and referral 13
276276 programs that the Bureau of Prisons, States, and local-14
277277 ities can look to when designing their own programs. 15
278278 (c) P
279279 ROCESSEVALUATIONACTIVITIES.—Not later 16
280280 than one year after the Program begins, the Advisory 17
281281 Board shall conduct a process evaluation for a grant 18
282282 awarded under the Program, in which the implementation 19
283283 of the surveys and referrals in each prison or jail is mon-20
284284 itored and evaluated to ensure that they are being carried 21
285285 out as specified in the plan submitted to the Advisory 22
286286 Board. 23
287287 (d) M
288288 EMBERSHIP.— 24
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291291 •HR 1392 IH
292292 (1) IN GENERAL.—The Attorney General shall 1
293293 appoint members to serve on the Advisory Board es-2
294294 tablished under subsection (a) who have expertise 3
295295 with respect to— 4
296296 (A) designing and administering mental 5
297297 health screenings and providing referrals for 6
298298 those incarcerated in prisons or jails, or for 7
299299 those who have recently left such facilities; 8
300300 (B) mental healthcare within prisons or 9
301301 jails; or 10
302302 (C) program evaluation using rigorous ex-11
303303 perimental and quasi-experimental statistical 12
304304 methods. 13
305305 (2) N
306306 UMBER OF MEMBERS .—The Attorney 14
307307 General shall appoint as many members to the Advi-15
308308 sory Board established under subsection (a) as 16
309309 deemed necessary by the Attorney General. 17
310310 SEC. 5. EVALUATION ACTIVITIES. 18
311311 (a) I
312312 NDEPENDENT RESEARCHORGANIZATIONS.— 19
313313 The Attorney General shall provide funding directly to the 20
314314 Advisory Board for the purpose of contracting with one 21
315315 or more independent research organizations, in partner-22
316316 ship with the Bureau of Prisons, States, and localities, to 23
317317 carry out an evaluation to determine whether each grant 24
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320320 •HR 1392 IH
321321 awarded under the Program is being implemented effec-1
322322 tively and to measure the impact of such programs. 2
323323 (b) I
324324 MPACTEVALUATIONACTIVITIES.— 3
325325 (1) I
326326 N GENERAL.—Not later than one year 4
327327 after a recipient of a grant awarded under the Pro-5
328328 gram receives an award they shall conduct an im-6
329329 pact evaluation for its program, in which the surveys 7
330330 and referrals in each prison or jail will be evaluated 8
331331 for their effect on the criminal justice and economic 9
332332 outcomes of individuals who receive the survey. Such 10
333333 impact evaluation shall be conducted by an inde-11
334334 pendent research organization, with oversight from 12
335335 the Advisory Board and include an analysis of the 13
336336 impact of the survey and referral on participant 14
337337 crime rates, including arrest, arraignment, and in-15
338338 carceration rates, participant employment and wage 16
339339 rates, and participant mental healthcare utilization 17
340340 rates for one year, three years, five years, and ten 18
341341 years after the participant has completed the survey 19
342342 and referral program. These analyses will use ad-20
343343 ministrative data collected by each State’s depart-21
344344 ment of public safety, for the crime rate data, and 22
345345 each State’s Department of Labor, for the employ-23
346346 ment and wage rate data. States shall provide this 24
347347 data to the independent research organization. For 25
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350350 •HR 1392 IH
351351 the mental health utilization data, data from mental 1
352352 health providers and, if necessary, from outreach to 2
353353 the individuals who participated in the survey and 3
354354 referral program shall be utilized. 4
355355 (2) E
356356 XPERIMENTAL DESIGN .—Program impact 5
357357 evaluations under paragraph (1) shall use random-6
358358 ized control experimental or quasi-experimental re-7
359359 search designs. Randomized control experimental de-8
360360 signs are preferred and the Advisory Board will pro-9
361361 vide the independent research organization, in part-10
362362 nership with the Bureau of Prisons, State, or Local-11
363363 ity, additional resources to carry out a randomized 12
364364 control experimental evaluation. 13
365365 (c) D
366366 ATABASE.—Once evaluations become available, 14
367367 the Advisory Board will be required to keep an updated 15
368368 database of the impact of programs funded under the 16
369369 grant program and how those programs were implemented 17
370370 and administered, with the goal of creating a repository 18
371371 of evidence regarding what drives impact on crime rates 19
372372 and employment and wage rates to guide policymakers 20
373373 and program operators in the future. 21
374374 SEC. 6. FUNDING. 22
375375 (a) A
376376 UTHORIZATION.—There is authorized to be ap-23
377377 propriated to the Attorney General to carry out this Act— 24
378378 (1) $100,000,000 for fiscal year 2026; 25
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381381 •HR 1392 IH
382382 (2) $110,000,000 for fiscal year 2027; 1
383383 (3) $120,000,000 for fiscal year 2028; 2
384384 (4) $130,000,000 for fiscal year 2029; and 3
385385 (5) $140,000,000 for fiscal year 2030. 4
386386 (b) D
387387 ISTRIBUTION OF FUNDS.—Of the amounts 5
388388 made available under subsection (a), the Attorney General 6
389389 shall use— 7
390390 (1) 90 percent of such amount for a grant pro-8
391391 gram under sections 2 and 3, as applicable, of 9
392392 which— 10
393393 (A) 20 percent shall go to the Bureau of 11
394394 Prisons for screening and referral implementa-12
395395 tion activities at Federal prisons; 13
396396 (B) 20 percent shall go to States as com-14
397397 petitive grants to carry out screening and refer-15
398398 ral implementation activities at State prisons; 16
399399 and 17
400400 (C) 50 percent shall go to localities as 18
401401 competitive grants to carry out screening and 19
402402 referral implementation activities at locally-ad-20
403403 ministered jails; 21
404404 (2) 5 percent of such amount to carry out eval-22
405405 uation activities under section 5; and 23
406406 (3) 5 percent of such amount for the Advisory 24
407407 Board to provide technical assistance to the Bureau 25
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410410 •HR 1392 IH
411411 of Prisons, States, and localities and for general op-1
412412 erations as described in section 4. 2
413413 SEC. 7. DEFINITIONS. 3
414414 In this Act: 4
415415 (1) S
416416 TATE.—The term ‘‘State’’ means any 5
417417 State of the United States, the District of Columbia, 6
418418 the Commonwealth of Puerto Rico, the Virgin Is-7
419419 lands, Guam, American Samoa, and the Common-8
420420 wealth of the Northern Mariana Islands. 9
421421 (2) L
422422 OCALITY.—The term ‘‘locality’’ means any 10
423423 city, county, township, town, borough, parish, vil-11
424424 lage, or other general purpose political subdivision of 12
425425 a State. 13
426426 (3) M
427427 ENTAL HEALTHCARE PROVIDER .—The 14
428428 term ‘‘mental healthcare provider’’ means a fully-li-15
429429 censed professional or group of professionals who di-16
430430 agnose mental health conditions and provide mental 17
431431 health treatment, and who operate near to the rel-18
432432 evant jail or prison. Mental healthcare providers may 19
433433 provide services at hospitals or at private clinics. 20
434434 (4) M
435435 ENTAL HEALTHCARE CENTER .—The term 21
436436 ‘‘mental healthcare center’’ means any facility where 22
437437 one or more mental healthcare providers offer men-23
438438 tal health services, such as a hospital or private clin-24
439439 ic. 25
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442442 •HR 1392 IH
443443 (5) JAIL OR PRISON ADMINISTRATOR .—The 1
444444 term ‘‘jail or prison administrator’’ means any indi-2
445445 vidual who has been appointed to a supervisory posi-3
446446 tion in a Federal, State, or local incarceration facil-4
447447 ity by the Federal Government, a State, or a local-5
448448 ity. 6
449449 (6) L
450450 AW ENFORCEMENT OFFICIAL .—The term 7
451451 ‘‘law enforcement official’’ means any officer of an 8
452452 entity administered by a locality, State, or the Fed-9
453453 eral Government that exists primarily to prevent and 10
454454 detect crime and enforce criminal laws who is des-11
455455 ignated by the leadership of that entity to represent 12
456456 the entity. 13
457457 (7) E
458458 LIGIBLE DETENTION CENTER .—The term 14
459459 ‘‘eligible detention center’’ means any prison or jail 15
460460 administered by the Bureau of Prisons or a State or 16
461461 any jail administered by a State or locality. 17
462462 (8) S
463463 EVERE MENTAL ILLNESS .—The term ‘‘se-18
464464 vere mental illness’’ means one or more mental, be-19
465465 havioral, or emotional disorders that results in seri-20
466466 ous functional impairment and substantially inter-21
467467 feres with or limits major life activities. 22
468468 (9) I
469469 NDEPENDENT RESEARCH ORGANIZA -23
470470 TIONS.—The term ‘‘independent research organiza-24
471471 tion’’ means an entity that is not operated or con-25
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474474 •HR 1392 IH
475475 trolled by a governmental body that conducts high- 1
476476 quality and rigorous experimental and quasi-experi-2
477477 mental evaluations. 3
478478 (10) R
479479 ANDOMIZED CONTROL EXPERIMENTAL 4
480480 RESEARCH DESIGN.—The term ‘‘randomized control 5
481481 experimental research design’’ means a study design 6
482482 that utilizes a randomized control trial methodology 7
483483 to determine the impact of the program on partici-8
484484 pants, by comparing program outcomes between a 9
485485 randomly assigned sample population that has re-10
486486 ceived the survey and referral and a randomly as-11
487487 signed control population that has not received the 12
488488 survey and referral. 13
489489 (11) R
490490 ESPONSES TO THE SURVEY INDICATE SE -14
491491 VERE MENTAL ILLNESS .—The term ‘‘responses to 15
492492 the survey indicate severe mental illness’’ means an 16
493493 individual answer’s ‘‘yes’’ to multiple questions with 17
494494 respect to the symptoms of a severe mental illness 18
495495 or to any question relating to prior use of a mental 19
496496 health-related medication or inpatient care related to 20
497497 a mental illness. 21
498498 (12) Q
499499 UASI-EXPERIMENTAL RESEARCH DE -22
500500 SIGN.—The term ‘‘quasi-experimental research de-23
501501 sign’’ means a study design that utilizes a non-ran-24
502502 domized methodology and model to determine the 25
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506506 impact of the program on participants, by com-1
507507 paring program outcomes between a non-randomly 2
508508 assigned sample population that has received the 3
509509 survey and referral and a non-randomly assigned 4
510510 control population that is constructed to be statis-5
511511 tically identical to the sample population but without 6
512512 having received the survey and referral. 7
513513 Æ
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