,,ii #aahth ,,congress #ast ,session ,s4 #cchh ,,in ,,the ,,senate ,,of ,,the ,,united ,,states ,december #d1 #bjbc,ms4 ,warren 7for herself1 ,ms4 ,smith1 ,ms4 ,klobuchar1 and ,mr4 ,booker7 introduced the following bill2 which was read twice and referred to the ,committee on ,health1 ,education1 ,labor1 and ,pensions ,a ,,bill ,to amend the ,public ,health ,service ,act to authorize grants to ,states1 ,indian ,tribes1 ,tribal organizations1 and political subdivisions thereof to hire1 employ1 train1 and dispatch mental health professionals to respond in lieu of law enforcement officers in emergencies involving one or more persons with a mental illness or an intellectual or developmental disability1 and for other purposes4 #a4 ,short title ,this ,act may be cited as the ,mental ,health ,justice ,act of #bjbc4 #b4 ,grants for mental health professionals to act as first responders ,subpart #c of part ,b of title ,v of the ,public ,health ,service ,act 7#db ,u4,s4,c4 #bij;bb-#ca et seq47 is amended by adding at the end the following3 #ebj,o4 ,grants for mental health professionals to act as first responders 7a7 ,in general ,the ,secretary1 acting through the ,assistant ,secretary1 and in consultation with the ,assistant ,attorney ,general for the ,civil ,rights ,division of the ,department of ,justice1 shall award grants to ,states1 ,indian ,tribes1 ,tribal organizations1 and political subdivisions thereof to establish or expand programs-- 7#a7 to hire1 employ1 train1 and dispatch mental health professionals to respond in lieu of law enforcement officers in emergencies in which-- 7,a7 an individual calling #iaa1 #ihh1 or another emergency hotline states that a person-- 7i7 is in a mental health crisis2 7ii7 may have a mental illness1 a substance use disorder1 a co-occurring mental illness and substance use disorder1 or an intellectual or developmental disability2 or 7iii7 otherwise appears to need the immediate support of mental health professionals2 7,b7 a law enforcement officer or other first responder identifies a person as having 7or possibly having7 a mental illness or an intellectual or developmental disability 7or otherwise appears to need the support of mental health professionals72 or 7,c7 a law enforcement officer or other first responder identifies a person as being 7or possibly being7 under the influence of a legal or illegal substance2 7#b7 to include in the training for mental health professionals pursuant to paragraph 7#a7 training in-- 7,a7 the principles of deescalation2 and 7,b7 developmentally appropriate techniques2 7#c7 to ensure that such mental health professionals link persons described in subparagraph 7,a71 7,b71 or 7,c7 of paragraph 7#a7 with voluntary community-based services where appropriate2 7#d7 to train the staff of dispatch centers regarding the proper handling of a report of an emergency described in paragraph 7#a71 including training in the principles and techniques referred to in subparagraphs 7,a7 and 7,b7 of paragraph 7#b72 and 7#e7 to coordinate with first responder agencies4 7b7 ,additional awards ,the ,secretary shall make an additional award of funds under this section each fiscal year to grantees that-- 7#a7 are in compliance with all conditions of their awards under this section1 including the conditions specified in subsections 7a7 and 7d72 and 7#b7 demonstrate that their programs under this section resulted in-- 7,a7 a notable reduction in the incarceration and death of persons with mental illness or an intellectual or developmental disability2 or 7,b7 a notable reduction in the use of force by police and a notable increase in referrals of persons with a mental illness or intellectual disability to community-based1 voluntary support services 7other than institutionalization or carceral support services74 7c7 ,priority ,in awarding grants under this section1 the ,secretary shall give priority to ,states1 ,indian ,tribes1 ,tribal organizations1 and political subdivisions thereof that-- 7#a7 have high rates of arrests and incarceration of persons with a mental illness1 a substance use disorder1 a co-occurring mental health and substance use disorder1 or an intellectual or developmental disability2 7#b7 commit to increasing resources for mental health and community-based support services or solutions for such persons2 or 7#c7 include peer support specialists in their current first responder model4 7d7 ,reporting 7#a7 ,by grantees ,a recipient of a grant under this section shall submit to the ,secretary-- 7,a7 a quarterly report on-- 7i7 the number and percentage of emergencies where mental health professionals were dispatched in lieu of law enforcement officers pursuant to assistance under this section2 7ii7 such other matters as the ,secretary may require for determining whether the recipient should receive an additional award under subsection 7b72 and 7iii7 any increase or decrease1 compared to any previous quarter1 in incarceration or institutionalization as a result of dispatching mental health professionals pursuant to assistance under this section1 disaggregated to include data specific to persons with intellectual and developmental disabilities and mental illnesses where available and permitted to be disclosed under applicable privacy law1 so as-- 7,i7 to provide a critical baseline analysis2 and 7,,ii7 to ensure that mental health practitioners are not simply funneling individuals into other institutionalized settings2 and 7,b7 a final report on the use of such grant4 7#b7 ,by ,secretary ,not later than #a year after awarding the first grant under this section1 and annually thereafter1 the ,secretary shall submit to ,congress a report on the grant program under this section4 7#c7 ,disaggregation of data ,the reporting pursuant to paragraphs 7#a7 and 7#b7 shall1 to the extent determined by the ,secretary to be applicable1 be disaggregated by age1 sex1 gender1 race1 and ethnicity4 7e7 ,revocation of grant ,if the ,secretary finds1 based on reporting under subsection 7d7 or other information1 that activities funded through a grant under this section are leading to a significant increase in incarceration or institutionalization-- 7#a7 the ,secretary shall revoke the grant2 and 7#b7 the grantee shall repay to the ,federal ,government any amounts that the grantee-- 7,a7 received through the grant2 and 7,b7 has not obligated or expended4 7f7 ,technical assistance ,the ,secretary1 acting through the ,assistant ,secretary1 and in consultation with the ,assistant ,attorney ,general for the ,civil ,rights ,division of the ,department of ,justice1 shall provide technical assistance to grantees under this section 7or other ,federal law71 and to other ,states1 ,indian ,tribes1 ,tribal organizations1 and political subdivisions thereof1 to hire1 employ1 train1 and dispatch mental health professionals to respond in lieu of law enforcement officers1 as described in subsection 7a74 7g7 ,definitions ,in this section3 7#a7 ,the term first responder means an individual who1 in the course of such individual's professional duties1 is dispatched to respond to fire1 medical1 public safety1 or mental health emergencies4 7#b7 ,the terms ,indian ,tribe and ,tribal organization have the meanings given to the terms ,indian tribe and tribal organization1 respectively1 in section #d of the ,indian ,health ,care ,improvement ,act4 7#c7 ,the term peer support specialist means an individual who-- 7,a7 has lived experience of a mental health condition1 a substance use disorder1 or a co-occurring mental health and substance use disorder2 and 7,b7 specializes in supporting individuals with mental health conditions1 substance use disorders1 or co-occurring mental health and substance use disorders4 7h7 ,funding ,to carry out this section1 there is authorized to be appropriated #bej1jjj1jjj for the period of the #e fiscal years following the date of enactment of this section4 4 #c4 ,study 7a7 ,in general ,the ,secretary of ,health and ,human ,services and the ,assistant ,attorney ,general for the ,civil ,rights ,division of the ,department of ,justice shall conduct a study on the effectiveness of programs and activities under section #ebj,o of the ,public ,health ,service ,act1 as added by section #b4 7b7 ,qualitative and longitudinal examination ,the study under subsection 7a7 shall include a qualitative and longitudinal study of-- 7#a7 the number of persons diverted from arrests2 and 7#b7 short- and long-term outcomes for those persons1 including reduced incarceration or institutionalization1 reduced incidences of use of force1 and reduced utilization of resources4 7c7 ,completion2 report ,not later than #c years after the date of enactment of this ,act1 the ,secretary of ,health and ,human ,services and the ,assistant ,attorney ,general for the ,civil ,rights ,division of the ,department of ,justice shall-- 7#a7 complete the study under subsection 7a72 7#b7 submit a report to the ,congress on the results of such study2 and 7#c7 publish such report4 #d4 ,best practices 7a7 ,in general ,the ,secretary of ,health and ,human ,services1 acting in consultation with the ,assistant ,attorney ,general for ,civil ,rights1 shall develop and publish best practices relating to the deployment of mental health professionals acting as first responders4 7b7 ,contents ,the best practices under subsection 7a7 shall-- 7#a7 be informed by lessons learned from the grant program under section #ebj,o of the ,public ,health ,service ,act1 as added by section #b2 and 7#b7 include best practices for the proper handling and dispatch of a report of an emergency described in each of subparagraphs 7,a71 7,b71 and 7,c7 of section #ebj,o7a77#a7 of the ,public ,health ,service ,act1 as added by section #b1 including best practices for training in-- 7,a7 the principles and techniques in processing calls for persons who-- 7i7 are experiencing a mental health crisis2 7ii7 may have a mental illness1 a substance use disorder1 a co-occurring mental health and substance use disorder1 or an intellectual or developmental disability2 or 7iii7 otherwise appear to need the immediate support of mental health professionals2 7,b7 the principles of deescalation2 and 7,c7 developmentally appropriate techniques4 7c7 ,timeline2 updates ,the ,secretary of ,health and ,human ,services shall-- 7#a7 not later than #a year after the date of enactment of this ,act1 develop and publish initial best practices under this section2 and 7#b7 not less than every #e years thereafter1 develop and publish updated best practices under this section4 7d7 ,definition ,in this section1 the term first responder has the meaning given to such term in section #ebj,o of the ,public ,health ,service ,act1 as added by section #b4 #e4 ,rules of construction 7a7 ,hiring of law enforcement officers ,nothing in this ,act 7or the amendments made by this ,act7 shall be construed to remove1 supplant1 alter1 or limit the authority of ,states1 public agencies1 or municipalities from hiring or recruiting career law enforcement officers 7as defined in section #agji of the ,omnibus ,crime ,control and ,safe ,streets ,act of #aifh 7#cd ,u4,s4,c4 #ajchi77 to engage in or supervise the prevention1 detection1 or investigation of violations of criminal laws when appropriate4 7b7 ,circumstances of imminent or immediate danger ,nothing in this ,act 7or the amendments made by this ,act7 shall be construed to impede1 supplant1 alter1 or limit the use of career law enforcement officers during emergencies-- 7#a7 which such career law enforcement officers may be best suited to handle2 and 7#b7 in which a person poses a direct threat to the health and safety of others that cannot be eliminated by a modification of policies1 practices or procedures1 or by the provision of auxiliary aids or services4 7c7 ,nondiscrimination ,nothing in this ,act 7or the amendments made by this ,act7 shall be construed to limit or alter the protections and requirements of applicable ,federal and ,state civil rights laws and regulations4 7d7 ,definitions ,in this section1 the term direct threat has the meaning given to such term in sections #ce4aci and #ce4ajd of title #bh1 ,code of ,federal ,regulations 7as in effect on the date of enactment of this ,act74