Sec. 102. Authority to execute emergency orders
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Section 4 of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2803 ) is amended— in the matter preceding paragraph (1), by striking The Secretary and inserting: The Secretary ; and by adding after subsection (a), the following: In addition to the activities described in subsection (a), the Secretary may authorize employees of the Bureau with law enforcement responsibilities to execute an emergency civil order of detention (referred to in this section as an EOD ), or take an individual into protective custody for emergency mental health purposes, and transport that individual to an appropriate mental health facility, when— requested to do so by a tribal court of competent civil jurisdiction pursuant to an EOD (when that court has determined the individual likely poses serious harm to himself or herself or others, and to the extent that the individual can be detained in a mental health treatment facility); or in the absence of an EOD, an employee who is authorized by State or tribal law to take an individual into protective custody for emergency mental health purposes reasonably believes that an individual is mentally ill, alcohol-dependent, or drug-dependent to such a degree that immediate emergency action is necessary due to the likelihood of serious harm to that individual or others.
In carrying out this subsection, Bureau employees with law enforcement responsibilities— shall take or cause such individual to be taken into custody and immediately transport that individual to the nearest mental health facility, either within or outside of Indian country, for an initial assessment or other appropriate treatment; and will be given the full coverage and protection of chapter 171 of title 28, United States Code (commonly known as the ‘Federal Tort Claims Act’) and any other Federal tort liability statute, both within and outside of Indian country.
Before implementing this subsection, the Office of Justice Services of the Bureau of Indian Affairs and the United States Indian Police Academy shall— establish appropriate standards regarding experience, mental health and disability education, and other relevant qualifications for Bureau employees who are law enforcement personnel implementing this subsection; and provide training for such Bureau employees. Not later than 180 days after the date of enactment of this subsection, the Bureau shall enter into agreements with State and tribal mental health officials that outline the process for carrying out an EOD or taking an individual into protective custody in a case in which Bureau law enforcement provides the primary law enforcement to a tribe.
There is authorized to be appropriated $1,500,000 to the Office of Justice Services of the Bureau of Indian Affairs to implement this subsection, which shall remain available until expended. .
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Sec. 102
Authority to execute emergency orders
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