RESPONSE Act

II 116TH CONGRESS 1ST SESSION S. 2690 To reduce mass violence, strengthen mental health collaboration in communities, improve school safety, and for other purposes. IN THE SENATE OF THE UNITED STATES OCTOBER 23, 2019 Mr. CORNYN (for himself, Ms. MCSALLY, Ms. ERNST, Mr. TILLIS, Mrs. CAP- ITO, and Mr. SCOTT of South Carolina) introduced the following bill; which was read twice and referred to the Committee on the Judiciary A BILL To reduce mass violence, strengthen mental health collabora- tion in communities, improve school safety, and for other purposes. Be it enacted by the Senate and House of Representa- 1 tives of the United States of America in Congress assembled, 2 SECTION 1. SHORT TITLE. 3 This Act may be cited as the ‘‘Restoring, Enhancing, 4 Securing, and Promoting Our Nation’s Safety Efforts Act 5 of 2019’’ or the ‘‘RESPONSE Act’’. 6 SEC. 2. MENTAL HEALTH CRISIS STABILIZATION. 7 (a) PLANNING AND IMPLEMENTATION GRANTS.— 8 Title I of the Omnibus Crime Control and Safe Streets 9 VerDate Sep 11 2014 21:12 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\S2690.IS S2690 pamtmann on DSKBC07HB2PROD with BILLS 2 •S 2690 IS Act of 1968 (34 U.S.C. 10101 et seq.) is amended by in- 1 serting after part NN the following: 2 ‘‘PART OO—CRISIS STABILIZATION AND 3 COMMUNITY REENTRY PROGRAM. 4 ‘‘SEC. 3101. GRANT AUTHORIZATION. 5 ‘‘(a) IN GENERAL.—The Attorney General may make 6 grants under this part to States, for use by State and local 7 correctional facilities, for the purpose of providing clinical 8 services for people with serious mental illness that estab- 9 lish treatment, suicide prevention, and continuity of recov- 10 ery in the community upon release from the correctional 11 facility. 12 ‘‘(b) USE OF FUNDS.—A grant awarded under this 13 part shall be used to support— 14 ‘‘(1) programs involving criminal and juvenile 15 justice agencies, mental health agencies, and com- 16 munity-based behavioral health providers that im- 17 prove clinical stabilization during incarceration and 18 continuity of care leading to recovery in the commu- 19 nity by providing services and supports that may in- 20 clude peer support services, enrollment in health 21 care, and introduction to long-acting injectable medi- 22 cations or, as clinically indicated, other medications, 23 by— 24 VerDate Sep 11 2014 21:12 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\S2690.IS S2690 pamtmann on DSKBC07HB2PROD with BILLS 3 •S 2690 IS ‘‘(A) providing training and education for 1 criminal and juvenile justice agencies, mental 2 health agencies, and community-based behav- 3 ioral health providers on interventions that sup- 4 port— 5 ‘‘(i) engagement in recovery supports 6 and services; 7 ‘‘(ii) access to medication while in an 8 incarcerated setting; and 9 ‘‘(iii) continuity of care during reentry 10 into the community; 11 ‘‘(B) ensuring that offenders with serious 12 mental illness are provided appropriate access 13 to evidence-based recovery supports that may 14 include peer support services, medication (in- 15 cluding long-acting injectable medications where 16 clinically appropriate), and psycho-social thera- 17 pies; 18 ‘‘(C) offering technical assistance to crimi- 19 nal justice agencies on how to modify their ad- 20 ministrative and clinical processes to accommo- 21 date evidence-based interventions, such as long- 22 acting injectable medications and other recovery 23 supports; and 24 VerDate Sep 11 2014 21:12 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\S2690.IS S2690 pamtmann on DSKBC07HB2PROD with BILLS 4 •S 2690 IS ‘‘(D) participating in data collection activi- 1 ties specified by the Attorney General, in con- 2 sultation with the Secretary of Health and 3 Human Services; 4 ‘‘(2) programs that support cooperative efforts 5 between criminal and juvenile justice agencies, men- 6 tal health agencies, and community-based behavioral 7 health providers to establish or enhance serious men- 8 tal illness recovery support by— 9 ‘‘(A) strengthening or establishing crisis 10 response services delivered by hotlines, mobile 11 crisis teams, crisis stabilization and triage cen- 12 ters, peer support specialists, public safety offi- 13 cers, community-based behavioral health pro- 14 viders, and other stakeholders, including by pro- 15 viding technical support for interventions that 16 promote long-term recovery; 17 ‘‘(B) engaging criminal and juvenile justice 18 agencies, mental health agencies and commu- 19 nity-based behavioral health providers, prelimi- 20 nary qualified offenders, and family and com- 21 munity members in program design, program 22 implementation, and training on crisis response 23 services, including connection to recovery serv- 24 ices and supports; 25 VerDate Sep 11 2014 21:12 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\S2690.IS S2690 pamtmann on DSKBC07HB2PROD with BILLS 5 •S 2690 IS ‘‘(C) examining health care reimbursement 1 issues that may pose a barrier to ensuring the 2 long-term financial sustainability of crisis re- 3 sponse services and interventions that promote 4 long-term engagement with recovery services 5 and supports; and 6 ‘‘(D) participating in data collection activi- 7 ties specified by the Attorney General, in con- 8 sultation with the Secretary of Health and 9 Human Services; and 10 ‘‘(3) programs that provide training and addi- 11 tional resources to criminal and juvenile justice 12 agencies, mental health agencies, and community- 13 based behavioral health providers on serious mental 14 illness, suicide prevention strategies, recovery en- 15 gagement strategies, and the special health and so- 16 cial needs of justice-involved individuals who are liv- 17 ing with serious mental illness. 18 ‘‘(c) CONSULTATION.—The Attorney General shall 19 consult with the Secretary of Health and Human Services 20 to ensure that serious mental illness treatment and recov- 21 ery support services provided under this grant program 22 incorporate evidence-based approaches that facilitate long- 23 term engagement in recovery services and supports. 24 VerDate Sep 11 2014 21:12 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\S2690.IS S2690 pamtmann on DSKBC07HB2PROD with BILLS 6 •S 2690 IS ‘‘SEC. 3102. STATE APPLICATIONS. 1 ‘‘(a) IN GENERAL.—To request a grant under this 2 part, the chief executive of a State shall submit an applica- 3 tion to the Attorney General— 4 ‘‘(1) in such form and containing such informa- 5 tion as the Attorney General may reasonably re- 6 quire; 7 ‘‘(2) that includes assurances that Federal 8 funds received under this part shall be used to sup- 9 plement, not supplant, non-Federal funds that would 10 otherwise be available for activities funded under 11 this part; and 12 ‘‘(3) that describes the coordination between 13 State criminal and juvenile justice agencies, mental 14 health agencies and community-based behavioral 15 health providers, preliminary qualified offenders, and 16 family and community members in— 17 ‘‘(A) program design; 18 ‘‘(B) program implementation; and 19 ‘‘(C) training on crisis response, medica- 20 tion adherence, and continuity of recovery in 21 the community. 22 ‘‘(b) ELIGIBILITY FOR PREFERENCE WITH COMMU- 23 NITY CARE COMPONENT.— 24 ‘‘(1) IN GENERAL.—In awarding grants under 25 this part, the Attorney General shall give preference 26 VerDate Sep 11 2014 21:12 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\S2690.IS S2690 pamtmann on DSKBC07HB2PROD with BILLS 7 •S 2690 IS to a State that ensures that individuals who partici- 1 pate in a program, funded by a grant under this 2 part will be provided with continuity of care, in ac- 3 cordance with paragraph (2), in a community care 4 provider program upon release from a correctional 5 facility. 6 ‘‘(2) REQUIREMENTS.—For purposes of para- 7 graph (1), the continuity of care shall involve the co- 8 ordination of the correctional facility treatment pro- 9 gram with qualified community behavioral health 10 providers and other recovery supports, parole super- 11 vision programs, half-way house programs, and par- 12 ticipation in peer recovery group programs, which 13 may aid in ongoing recovery after the individual is 14 released from the correctional facility. 15 ‘‘(3) COMMUNITY CARE PROVIDER PROGRAM 16 DEFINED.—For purposes of this subsection, the 17 term ‘community care provider program’ means a 18 community mental health center or certified commu- 19 nity behavioral health clinic that directly provides to 20 an individual, or assists in connecting an individual 21 to the provision of, appropriate community-based 22 treatment, medication management, and other recov- 23 ery supports, when the individual leaves a correc- 24 tional facility at the end of a sentence or on parole. 25 VerDate Sep 11 2014 21:12 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\S2690.IS S2690 pamtmann on DSKBC07HB2PROD with BILLS 8 •S 2690 IS ‘‘(c) COORDINATION OF FEDERAL ASSISTANCE.— 1 Each application submitted for a grant under this part 2 shall include a description of how the funds made available 3 under this part will be coordinated with Federal assistance 4 for behavioral health services currently provided by the 5 Department of Health and Human Services’ Substance 6 Abuse and Mental Health Services Administration. 7 ‘‘SEC. 3103. REVIEW OF STATE APPLICATIONS. 8 ‘‘(a) IN GENERAL.—The Attorney General shall 9 make a grant under section 3101 to carry out the projects 10 described in the application submitted under section 3102 11 upon determining that— 12 ‘‘(1) the application is consistent with the re- 13 quirements of this part; and 14 ‘‘(2) before the approval of the application, the 15 Attorney General has made an affirmative finding in 16 writing that the proposed project has been reviewed 17 in accordance with this part. 18 ‘‘(b) APPROVAL.—Each application submitted under 19 section 3102 shall be considered approved, in whole or in 20 part, by the Attorney General not later than 90 days after 21 first received, unless the Attorney General informs the ap- 22 plicant of specific reasons for disapproval. 23 VerDate Sep 11 2014 21:12 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\S2690.IS S2690 pamtmann on DSKBC07HB2PROD with BILLS 9 •S 2690 IS ‘‘(c) RESTRICTION.—Grant funds received under this 1 part shall not be used for land acquisition or construction 2 projects. 3 ‘‘(d) DISAPPROVAL NOTICE AND RECONSIDER- 4 ATION.—The Attorney General may not disapprove any 5 application without first affording the applicant reason- 6 able notice and an opportunity for reconsideration. 7 ‘‘SEC. 3104. EVALUATION. 8 ‘‘Each State that receives a grant under this part 9 shall submit to the Attorney General an evaluation not 10 later than March 1 of each year in such form and con- 11 taining such information as the Attorney General, in con- 12 sultation with the Secretary of Health and Human Serv- 13 ices, may reasonably require. 14 ‘‘SEC. 3105. AUTHORIZATION OF FUNDING. 15 ‘‘For purposes of carrying out this part, the Attorney 16 General is authorized to award not more than 17 $10,000,000 of funds appropriated to the Department of 18 Justice for State and local law enforcement activities for 19 each of fiscal years 2020 through 2025.’’. 20 (b) NATIONAL CRIMINAL JUSTICE AND MENTAL 21 HEALTH TRAINING AND TECHNICAL ASSISTANCE.—Sec- 22 tion 2992(c)(3) of title I of the Omnibus Crime Control 23 and Safe Streets Act of 1968 (34 U.S.C. 10652(c)(3)) is 24 amended by inserting before the semicolon at the end the 25 VerDate Sep 11 2014 21:12 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6201 E:\BILLS\S2690.IS S2690 pamtmann on DSKBC07HB2PROD with BILLS 10 •S 2690 IS following: ‘‘, which may include interventions designed to 1 enhance access to medication.’’. 2 SEC. 3. MENTAL HEALTH CRISIS INTERVENTION TEAMS. 3 Section 1701(b)(19) of title I of the Omnibus Crime 4 Control and Safe Streets Act of 1968 (34 U.S.C. 5 10381(b)(19)) is amended— 6 (1) by inserting ‘‘respond to and’’ before ‘‘ad- 7 dress’’; and 8 (2) by inserting ‘‘, including partnerships with 9 health care providers to create and operate mental 10 health crisis intervention teams’’ before the semi- 11 colon at the end. 12 SEC. 4. BEST PRACTICES FOR BEHAVIORAL INTERVENTION 13 TEAMS. 14 The Public Health Service Act is amended by insert- 15 ing after section 520G of such Act (42 U.S.C. 290bb–38) 16 the following new section: 17 ‘‘SEC. 520H. BEST PRACTICES FOR BEHAVIORAL INTERVEN- 18 TION TEAMS. 19 ‘‘(a) IN GENERAL.—The Secretary shall identify and 20 facilitate the development of best practices to assist ele- 21 mentary schools, secondary schools, and institutions of 22 higher education in establishing and using behavioral 23 intervention teams. 24 VerDate Sep 11 2014 21:12 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00010 Fmt 6652 Sfmt 6201 E:\BILLS\S2690.IS S2690 pamtmann on DSKBC07HB2PROD with BILLS 11 •S 2690 IS ‘‘(b) ELEMENTS.—The best practices under sub- 1 section (a) shall address the following: 2 ‘‘(1) How behavioral intervention teams can op- 3 erate effectively from an evidence-based, objective 4 perspective while protecting the constitutional and 5 civil rights of individuals. 6 ‘‘(2) The use of behavioral intervention teams 7 to identify concerning behaviors, implement interven- 8 tions, and manage risk through the framework of 9 the school’s or institution’s rules or code of conduct, 10 as applicable. 11 ‘‘(3) How behavioral intervention teams can, 12 when assessing an individual of concern— 13 ‘‘(A) access training on evidence-based, 14 threat-assessment strategies; 15 ‘‘(B) ensure that such teams— 16 ‘‘(i) have trained, diverse stakeholders 17 with varied expertise; and 18 ‘‘(ii) use cross-validation by a wide- 19 range of individual perspectives on the 20 team; and 21 ‘‘(C) use violence threat assessment. 22 ‘‘(4) How behavioral intervention teams can 23 help mitigate— 24 VerDate Sep 11 2014 21:12 Oct 26, 2019 Jkt 099200 PO 00000 Frm 00011 Fmt 6652 Sfmt 6201 E:\BILLS\S2690.IS S2690 pamtmann on DSKBC07HB2PROD with BILLS 12 •S 2690 IS ‘‘(A) the inappropriate use of mental 1 health assessments; 2 ‘‘(B) inappropriate limitations or restric- 3 tions on law enforcement’s jurisdiction over 4 criminal matters; 5 ‘‘(C) attempts to substitute the behavioral 6 intervention process in place of a criminal proc- 7 ess, or impede a criminal process, when an indi- 8 vidual’s behavior has potential criminal implica- 9 tions; or 10 ‘‘(D) endangerment of an individual’s pri- 11 vacy by failing to ensure that all applicable 12 Federal and State privacy laws are fully com- 13 plied with. 14 ‘‘(c) CONSULTATION.—In c [Text truncated for display. 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