Sec. 2. Consent decree procedures
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The Attorney General, acting through the Assistant Attorney General of the Civil Rights Division of the Department of Justice, shall— modify the procedures for civil consent decrees and consent agreements in civil litigation with State and local governmental entities arising from pattern or practice investigations under section 210401 of the Violent Crime Control and Law Enforcement Act of 1994 ( 34 U.S.C. 12601 ) to ensure that— the use of consent decrees and consent agreements fosters the creation and use of remedies that are not limited to law enforcement reforms, such as mental health support, including in cases where a pattern or practice of conduct is found to violate the Americans with Disabilities Act of 1990 ( 42 U.S.C. 12101 et seq. ), or community-based restorative justice mechanisms; community oversight requirements, such as a community oversight body described in subsection (b), are incorporated, when possible, into the terms of consent decrees and consent agreements; and remedies are developed and implemented expeditiously, when possible; and in carrying out paragraph (1)(A), request guidance from the heads of other relevant agencies, such as the Secretary of Housing and Urban Development and the Secretary of Health and Human Services, on the efficacy of the alternative remedies described in that paragraph.
A community oversight body described in this subsection is an oversight entity that— is comprised of individuals who— represent the communities and organizations within the State or unit of local government to which the consent decree or consent agreement applies; and do not work, and have not previously worked, in a law enforcement capacity; has a role of— ensuring compliance with the provisions of the consent decree or consent agreement; and fostering transparency in the administration and personnel of the law enforcement agency; and has the authority to— ask questions of the law enforcement agency; obtain documents, data, and information from the law enforcement agency; and make recommendations— for modifications to the provisions of the consent decree or consent agreement, as necessary; and to the law enforcement agency or governmental officials overseeing the agency about changes in policing services.
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