Section 1 Short title
This Act may be cited as the “Get Justice-Involved Veterans Behavioral Assistance and Care for Key Health Outcomes to Maintain Empowerment Act” or the “Get Justice-Involved Veterans BACK HOME Act”.
Get Justice-Involved Veterans Behavioral Assistance and Care for Key Health Outcomes to Maintain Empowerment Act
A BILL
To improve the provision of services from the Department of Veterans Affairs to incarcerated veterans, and for other purposes.
Sec. 2 Pilot program to provide mental health care to incarcerated veterans
In general— The Secretary of Veterans Affairs shall carry out a pilot program to furnish mental health care to incarcerated veterans (in this section referred to as the “pilot program”), with a priority given to veterans with a service-connected disability relating to—
post-traumatic stress disorder;
traumatic brain injury; or
military sexual trauma.
Locations— The Secretary shall carry out the pilot program at not fewer than five facilities, which shall—
represent large and small facilities and urban and rural settings; and
have separate housing units for veterans that have already been established by the facility.
Coordination— The Secretary shall develop the pilot program in coordination with relevant State or Federal agencies responsible for the incarceration of veterans.
Services To be provided—
In general— In carrying out the pilot program, the Secretary shall provide to incarcerated veterans telemental health services, if the facility at which the veteran is incarcerated has necessary infrastructure for the provision of such services.
Other services— If the provision of telemental health services under paragraph (1) is not feasible, the Secretary shall provide to incarcerated veterans under the pilot program—
mental health services through the use of mobile mental health units close to the facility at which the veteran is incarcerated through the Department of Veterans Affairs or a Vet Center; or
mental health services through other means, as determined appropriate by the Secretary.
Copayment— The Secretary shall not charge a copayment for the receipt of services under the pilot program.
Health care providers—
Direct care— The Secretary shall furnish mental health care under the pilot program through the use of health care providers of the Department and may not use non-Department health care providers.
Treatment and assessment— A health care provider providing mental health care under the pilot program shall provide treatment and assessment of medical conditions and is not to provide assessment or evaluation of current or future disability claims.
Hub— In carrying out the pilot program, the Secretary shall create a hub of health care providers that—
only provide care to incarcerated veterans; and
operate separate from any medical facility or Veterans Integrated Service Network of the Department.
Furnishing of care— The Secretary shall carry out the pilot program notwithstanding section 1710(h) of title 38, United States Code.
Definitions— In this section:
Incarcerated veteran— The term incarcerated veteran means a veteran who is incarcerated in a Federal, State, local, or other penal institution or correctional facility.
Military sexual trauma— The term military sexual trauma means sexual assault or sexual harassment experienced by an individual during service in the Armed Forces.
Service-connected; veteran— The terms service-connected and veteran have the meanings given those terms in section 101 of title 38, United States Code.
Vet Center— The term Vet Center has the meaning given that term in section 1712A(h) of such title.
Sec. 3 Separate housing units for incarcerated veterans
In general— Chapter 301 of title 18, United States Code, is amended by adding at the end the following:
“4015. Housing for incarcerated veterans
“(a) In general—The Director of the Bureau of Prisons shall, wherever feasible, establish dedicated wards or housing units for incarcerated veterans in Federal correctional institutions, which shall provide an environment conducive to the discipline, structure, and order familiar to veterans in order to facilitate more effective mental health treatment, peer support, and rehabilitation efforts.
“(b) Training and resources—The head of each Federal correctional institution with a veteran housing unit described in subsection (a) shall collaborate with local facilities of the Department of Veterans Affairs to ensure that, with respect to that housing unit, correctional staff are trained regarding, resources are allocated for, and rehabilitation programming is tailored to the needs of veterans.
“(c) Programs—In the case of a Federal correctional institution lacking the capacity or resources for a housing unit described in subsection (a), the Director of the Bureau of Prisons shall, at a minimum, create structured veteran-focused programs aimed at providing similar benefits, with oversight and support coordinated through the Department of Veterans Affairs.”
Clerical amendment— The table of sections for chapter 301 of title 18, United States Code, is amended by inserting after the item relating to section 4014 the following:
Sec. 4 Automatic resumption of payment of compensation and dependency and indemnity compensation to persons incarcerated for conviction of a felony after period of incarceration ends
In general— Section 5313(a) of title 38, United States Code, is amended by adding at the end the following:
“(3) The Secretary shall ensure that, for any individual whose receipt of compensation or dependency and indemnity compensation is interrupted pursuant to paragraph (1) for a period of incarceration, resumption of such payments resume automatically on the date on which the individual is released from incarceration.”
Effective date— The amendment made by subsection (a) shall take effect on the date that is 180 days after the date of the enactment of this Act.
Sec. 5 Survey on incarcerated veterans
Section 302 of part C of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10132) is amended—
in subsection (c)—
by redesignating paragraphs (15) through (23) as paragraphs (16) through (24), respectively; and
by inserting after paragraph (14) the following:
“(15) collect and analyze comprehensive information concerning the incarceration of veterans (as defined in section 101 of title 38, United States Code);”
in subsection (g)—
by striking “Not later than” and inserting the following:
“(1) Crimes in Indian country—Not later than”
by adding at the end the following:
“(2) Incarcerated veterans—Not later than 180 days after the date of enactment of this paragraph, and annually thereafter, the Director shall submit to Congress a report describing the data collected and analyzed under this section relating to veterans (as defined in section 101 of title 38, United States Code) who are incarcerated in State and Federal prisons.”