Sec. 842. Authority to execute emergency orders
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Section 4 of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2803 ) (as amended by section 841(f)(3)) is amended— in the matter preceding paragraph (1), by striking The Secretary and inserting the following: The Secretary ; and by adding at the end the following: In addition to the activities described in subsection (a), the Secretary may authorize employees of the Office of Justice Services 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, employees of the Office of Justice Services 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 and the United States Indian Police Academy shall— establish appropriate standards regarding experience, mental health and disability education, and other relevant qualifications for employees of the Office of Justice Services who are law enforcement personnel implementing this subsection; and provide training for such Office of Justice Services employees. Not later than 180 days after the date of enactment of this subsection, the Office of Justice Services 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 Office of Justice Services 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 to implement this subsection, which shall remain available until expended. Corrections officers of the Office of Justice Services and tribal corrections officers— may carry out searches and seize evidence from individuals incarcerated in an Indian country detention facility; and may carry out searches and seize evidence within any Indian country detention facility. . Section 2 of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2801 ) is amended by inserting after paragraph
(8)the following: The term tribal corrections officer means an officer who is— employed by— the Office of Justice Services; or an Indian tribe carrying out a detention or corrections program, function, service, or activity under the Indian Self-Determination and Education Assistance Act ( 25 U.S.C. 5301 et seq.); and charged with the supervision of criminal offenders or inmates in— a tribal detention facility; or a detention facility of the Office of Justice Services. . Section 1114 of title 18, United States Code, is amended by inserting and a tribal corrections officer (as defined in section 2 of the Indian Law Enforcement Reform Act ( after 25 U.S.C. 2801 )) services . Section 2680(h) of title 28, United States Code, is amended by inserting , including tribal corrections officers (as defined in section 2 of the Indian Law Enforcement Reform Act ( after 25 U.S.C. 2801 )) Government . Section 8191 of title 5, United States Code, is amended— in paragraph (2), by striking or at the end; in paragraph (3), by striking the semicolon and inserting ; or ; and by adding at the end the following: a tribal corrections officers (as defined in section 2 of the Indian Law Enforcement Reform Act ( 25 U.S.C. 2801 )). .
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