Sec. 3. Grants for mental health professionals to act as first responders
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/bill/116/hr/8639/ih/section-3·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
The Secretary of Health and Human Services (in this section referred to as the Secretary ), acting through the Assistant Secretary for Mental Health and Substance Use and in consultation with the Assistant Attorney General for the Civil Rights Division of the Department of Justice (in this section referred to as the Assistant Attorney General ), shall award grants to States and political subdivisions of States— to hire, employ, train, and dispatch mental health professionals to respond in lieu of law enforcement officers in emergencies in which— an individual calling 911 or another emergency hotline states that a person— is in a mental health crisis; or may have a mental illness or an intellectual or developmental disability; a law enforcement officer or other first responder identifies a person as having (or possibly having) a mental illness or an intellectual or developmental disability; or a law enforcement officer or other first responder identifies a person as being (or possibly being) under the influence of a legal or illegal substance; to include in the training for mental health professionals pursuant to paragraph
(1)training in the principles of de-escalation and anti-racism; to ensure that such mental health professionals link persons described in subparagraph (A), (B), or
(C)of paragraph
(1)with community-based services where appropriate; and to train the staff of dispatch centers regarding the proper handling of a report of an emergency described in paragraph (1). The Secretary shall delegate responsibility for carrying out the Secretary’s responsibilities under this section and section 4 to the Director of the Center for Mental Health Services of the Substance Abuse and Mental Health Services Administration. The Secretary shall make an additional award of funds under this section each fiscal year to grantees that demonstrate that their programs under this section resulted in— a notable reduction in the incarceration and death of persons with mental illness or an intellectual or developmental disability; or 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-based, voluntary support services (other than institutionalization carceral support services). In awarding grants under this section, the Secretary shall give priority to States and political subdivisions of States that— have high rates of arrests and incarceration of persons with a mental illness or an intellectual or developmental disability; or commit to increasing resources for mental health and community-based support services or solutions for such persons. A recipient of a grant under this section shall submit to the Secretary— a quarterly report on— the number and percentage of emergencies where mental health professionals were dispatched in lieu of law enforcement officers pursuant to assistance under this section; such other matters as the Secretary may require for determining whether the recipient should receive an additional award under subsection (c); and any increase or decrease, compared to any previous quarter, in incarceration or institutionalization as a result of dispatching mental health professionals pursuant to assistance under this section, disaggregated to include data specific to persons with intellectual and developmental disabilities and mental illnesses where available, so as— to provide a critical baseline analysis; and to ensure that mental health practitioners are not simply funneling individuals into other institutionalized settings; and a final report on the use of such grant. Not later than 1 year after awarding the first grant under this section, and annually thereafter, the Secretary shall submit to the Congress a report on the grant program under this section. If the Secretary finds, based on reporting under subsection
(e)or other information, that activities funded through a grant under this section are leading to a significant increase in incarceration or institutionalization— the Secretary shall revoke the grant; and the grantee shall repay to the Federal Government any amounts that the grantee— received through the grant; and has not obligated or expended. To carry out this section, there are authorized to be appropriated such sums as may be necessary for fiscal year 2021 and each subsequent fiscal year.