117th CONGRESS 2d Session |
To amend the Omnibus Crime Control and Safe Streets Act of 1968 to provide for training on alternatives to use of force, de-escalation, and mental and behavioral health and suicidal crises.
Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,
This Act may be cited as the Law Enforcement De-Escalation Training Act of 2022 .
SEC. 2. Training on alternatives to use of force, de-escalation, and mental and behavioral health crises.
(a) Definitions. Section 901(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251(a)) is amended
(1) in paragraph (27), by striking and at the end;
(2) in paragraph (28), by striking the period at the end and inserting a semicolon; and
(3) by adding at the end the following:
(29) the term de-escalation means taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary;
(30) the term mental or behavioral health or suicidal crisis
(A) means a situation in which the behavior of a person
(i) puts the person at risk of hurting himself or herself or others; or
(ii) impairs or prevents the person from being able to care for himself or herself or function effectively in the community; and
(B) includes a situation in which a person
(i) is under the influence of a drug or alcohol, is suicidal, or experiences symptoms of a mental illness; or
(ii) may exhibit symptoms, including emotional reactions (such as fear or anger), psychological impairments (such as inability to focus, confusion, or psychosis), and behavioral reactions (such as the trigger of a freeze, fight, or flight response);
(31) the term disability has the meaning given that term in section 3 of the Americans with Disabilities Act of 1990 (42 U.S.C. 12102);
(32) the term crisis intervention team means a collaborative, interdisciplinary team that brings together specially trained law enforcement officers, mental health providers, and other community stakeholders to respond to mental health-related calls, use appropriate de-escalation techniques, and assess if referral to services or transport for mental health evaluation is appropriate; and
(33) the term covered mental health professional means a mental health professional working on a crisis intervention team
(A) as an employee of a law enforcement agency; or
(B) under a legal agreement with a law enforcement agency. .
(b) COPS program. Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended by adding at the end the following:
(n) Training in alternatives to use of force, de-Escalation techniques, and mental and behavioral health crises.
(A) IN GENERAL. Not later than 180 days after the date of enactment of this subsection, the Attorney General shall develop training curricula or identify effective existing training curricula for law enforcement officers and for covered mental health professionals regarding
(i) de-escalation tactics and alternatives to use of force;
(ii) safely responding to an individual experiencing a mental or behavioral health or suicidal crisis or an individual with a disability, including techniques and strategies that are designed to protect the safety of that individual, law enforcement officers, mental health professionals, and the public;
(iii) successfully participating on a crisis intervention team; and
(iv) making referrals to community-based mental and behavioral health services and support, housing assistance programs, public benefits programs, the National Suicide Prevention Lifeline, and other services.
(B) REQUIREMENTS. The training curricula developed or identified under this paragraph shall include
(i) scenario-based exercises;
(ii) pre-training and post-training tests to assess relevant knowledge and skills covered in the training curricula; and
(iii) follow-up evaluative assessments to determine the degree to which participants in the training apply, in their jobs, the knowledge and skills gained in the training.
(C) CONSULTATION. The Attorney General shall develop and identify training curricula under this paragraph in consultation with relevant law enforcement agencies of States and units of local government, associations that represent individuals with mental or behavioral health diagnoses or individuals with disabilities, labor organizations, professional law enforcement organizations, local law enforcement labor and representative organizations, law enforcement trade associations, mental health and suicide prevention organizations, family advocacy organizations, and civil rights and civil liberties groups.
(2) CERTIFIED PROGRAMS AND COURSES.
(A) IN GENERAL. Not later than 180 days after the date on which training curricula are developed or identified under paragraph (1)(A), the Attorney General shall establish a process to
(i) certify training programs and courses offered by public and private entities to law enforcement officers or covered mental health professionals using 1 or more of the training curricula developed or identified under paragraph (1), or equivalents to such training curricula, which may include certifying a training program or course that an entity began offering on or before the date on which the Attorney General establishes the process; and
(ii) terminate the certification of a training program or course if the program or course fails to continue to meet the standards under the training curricula developed or identified under paragraph (1).
(B) PARTNERSHIPS WITH MENTAL HEALTH ORGANIZATIONS AND EDUCATIONAL INSTITUTIONS. Not later than 180 days after the date on which training curricula are developed or identified under paragraph (1)(A), the Attorney General shall develop criteria to ensure that public and private entities that offer training programs or courses that are certified under subparagraph (A) collaborate with local mental health organizations to
(i) enhance the training experience of law enforcement officers through consultation with and the participation of individuals with mental or behavioral health diagnoses or disabilities, particularly such individuals who have interacted with law enforcement officers; and
(ii) strengthen relationships between health care services and law enforcement agencies.
(3) TRANSITIONAL REGIONAL TRAINING PROGRAMS FOR STATE AND LOCAL AGENCY PERSONNEL.
(A) IN GENERAL. During the period beginning on the date on which the Attorney General establishes the process required under paragraph (2)(A) and ending on the date that is 18 months after that date, the Attorney General shall, and thereafter the Attorney General may, provide, in collaboration with law enforcement training academies of States and units of local government as appropriate, regional training to equip personnel from law enforcement agencies of States and units of local government in a State to offer training programs or courses certified under paragraph (2)(A).
(B) CONTINUING EDUCATION. The Attorney General shall develop and implement continuing education requirements for personnel from law enforcement agencies of States and units of local government who receive training to offer training programs or courses under subparagraph (A).
(4) LIST. Not later than 1 year after the Attorney General completes the activities described in paragraphs (1) and (2), the Attorney General shall publish a list of law enforcement agencies of States and units of local government employing law enforcement officers or using covered mental health professionals who have successfully completed a course using 1 or more of the training curricula developed or identified under paragraph (1), or equivalents to such training curricula, which shall include
(A) the total number of law enforcement officers that are employed by the agency;
(B) the number of such law enforcement officers who have completed such a course;
(C) whether personnel from the law enforcement agency have been trained to offer training programs or courses under paragraph (3);
(D) the total number of covered mental health professionals who work with the agency; and
(E) the number of such covered mental health professionals who have completed such a course.
(5) AUTHORIZATION OF APPROPRIATIONS. There is authorized to be appropriated to carry out this subsection
(A) $3,000,000 for fiscal year 2023;
(B) $20,000,000 for fiscal year 2024;
(C) $10,000,000 for fiscal year 2025; and
(D) $1,000,000 for fiscal year 2026. .
(c) Byrne JAG program. Subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) is amended
(1) by redesignating section 508 as section 509; and
(2) by inserting after section 507 the following:
SEC. 508. Law enforcement training programs.
(a) Definition. In this section, the term certified training program or course means a program or course using 1 or more of the training curricula developed or identified under section 1701(n)(1), or equivalents to such training curricula
(1) that is provided by the Attorney General under section 1701(n)(3); or
(A) provided by a public or private entity, including the personnel of a law enforcement agency or law enforcement training academy of a State or unit of local government who have been trained to offer training programs or courses under section 1701(n)(3); and
(B) certified by the Attorney General under section 1701(n)(2).
(1) IN GENERAL. Not later than 90 days after the Attorney General completes the activities required by paragraphs (1) and (2) of section 1701(n), the Attorney General shall, from amounts made available to fund training programs pursuant to subsection (h), make grants to States for use by the State or a unit of government located in the State to
(i) costs associated with conducting a certified training