Crisis Stabilization and Community Reentry Act of 2020

I 116TH CONGRESS 2D SESSION H. R. 5909 To strengthen mental health collaboration in communities, and for other purposes. IN THE HOUSE OF REPRESENTATIVES FEBRUARY 13, 2020 Mr. TRONE (for himself, Mr. RUTHERFORD, Ms. DEAN, Mr. RESCHENTHALER, Ms. SCANLON, and Mr. ARMSTRONG) introduced the following bill; which was referred to the Committee on the Judiciary A BILL To strengthen mental health collaboration in communities, 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 ‘‘Crisis Stabilization and 4 Community Reentry Act of 2020’’. 5 SEC. 2. MENTAL HEALTH CRISIS STABILIZATION. 6 (a) PLANNING AND IMPLEMENTATION GRANTS.— 7 Title I of the Omnibus Crime Control and Safe Streets 8 Act of 1968 (34 U.S.C. 10101 et seq.) is amended by in- 9 serting after part NN the following: 10 VerDate Sep 11 2014 02:02 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00001 Fmt 6652 Sfmt 6201 E:\BILLS\H5909.IH H5909 pamtmann on DSKBC07HB2PROD with BILLS 2 •HR 5909 IH ‘‘PART OO—CRISIS STABILIZATION AND 1 COMMUNITY REENTRY PROGRAM. 2 ‘‘SEC. 3101. GRANT AUTHORIZATION. 3 ‘‘(a) IN GENERAL.—The Attorney General may make 4 grants under this part to States, for use by State and local 5 correctional facilities, for the purpose of providing clinical 6 services for people with serious mental illness that estab- 7 lish treatment, suicide prevention, and continuity of recov- 8 ery in the community upon release from the correctional 9 facility. 10 ‘‘(b) USE OF FUNDS.—A grant awarded under this 11 part shall be used to support— 12 ‘‘(1) programs involving criminal and juvenile 13 justice agencies, mental health agencies, and com- 14 munity-based behavioral health providers that im- 15 prove clinical stabilization during incarceration and 16 continuity of care leading to recovery in the commu- 17 nity by providing services and supports that may in- 18 clude peer support services, enrollment in health 19 care, and introduction to long-acting injectable medi- 20 cations or, as clinically indicated, other medications, 21 by— 22 ‘‘(A) providing training and education for 23 criminal and juvenile justice agencies, mental 24 health agencies, and community-based behav- 25 VerDate Sep 11 2014 02:02 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00002 Fmt 6652 Sfmt 6201 E:\BILLS\H5909.IH H5909 pamtmann on DSKBC07HB2PROD with BILLS 3 •HR 5909 IH ioral health providers on interventions that sup- 1 port— 2 ‘‘(i) engagement in recovery supports 3 and services; 4 ‘‘(ii) access to medication while in an 5 incarcerated setting; and 6 ‘‘(iii) continuity of care during reentry 7 into the community; 8 ‘‘(B) ensuring that offenders with serious 9 mental illness are provided appropriate access 10 to evidence-based recovery supports that may 11 include peer support services, medication (in- 12 cluding long-acting injectable medications where 13 clinically appropriate), and psycho-social thera- 14 pies; 15 ‘‘(C) offering technical assistance to crimi- 16 nal justice agencies on how to modify their ad- 17 ministrative and clinical processes to accommo- 18 date evidence-based interventions, such as long- 19 acting injectable medications and other recovery 20 supports; and 21 ‘‘(D) participating in data collection activi- 22 ties specified by the Attorney General, in con- 23 sultation with the Secretary of Health and 24 Human Services; 25 VerDate Sep 11 2014 02:02 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00003 Fmt 6652 Sfmt 6201 E:\BILLS\H5909.IH H5909 pamtmann on DSKBC07HB2PROD with BILLS 4 •HR 5909 IH ‘‘(2) programs that support cooperative efforts 1 between criminal and juvenile justice agencies, men- 2 tal health agencies, and community-based behavioral 3 health providers to establish or enhance serious men- 4 tal illness recovery support by— 5 ‘‘(A) strengthening or establishing crisis 6 response services delivered by hotlines, mobile 7 crisis teams, crisis stabilization and triage cen- 8 ters, peer support specialists, public safety offi- 9 cers, community-based behavioral health pro- 10 viders, and other stakeholders, including by pro- 11 viding technical support for interventions that 12 promote long-term recovery; 13 ‘‘(B) engaging criminal and juvenile justice 14 agencies, mental health agencies and commu- 15 nity-based behavioral health providers, prelimi- 16 nary qualified offenders, and family and com- 17 munity members in program design, program 18 implementation, and training on crisis response 19 services, including connection to recovery serv- 20 ices and supports; 21 ‘‘(C) examining health care reimbursement 22 issues that may pose a barrier to ensuring the 23 long-term financial sustainability of crisis re- 24 sponse services and interventions that promote 25 VerDate Sep 11 2014 02:02 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00004 Fmt 6652 Sfmt 6201 E:\BILLS\H5909.IH H5909 pamtmann on DSKBC07HB2PROD with BILLS 5 •HR 5909 IH long-term engagement with recovery services 1 and supports; and 2 ‘‘(D) participating in data collection activi- 3 ties specified by the Attorney General, in con- 4 sultation with the Secretary of Health and 5 Human Services; and 6 ‘‘(3) programs that provide training and addi- 7 tional resources to criminal and juvenile justice 8 agencies, mental health agencies, and community- 9 based behavioral health providers on serious mental 10 illness, suicide prevention strategies, recovery en- 11 gagement strategies, and the special health and so- 12 cial needs of justice-involved individuals who are liv- 13 ing with serious mental illness. 14 ‘‘(c) CONSULTATION.—The Attorney General shall 15 consult with the Secretary of Health and Human Services 16 to ensure that serious mental illness treatment and recov- 17 ery support services provided under this grant program 18 incorporate evidence-based approaches that facilitate long- 19 term engagement in recovery services and supports. 20 ‘‘SEC. 3102. STATE APPLICATIONS. 21 ‘‘(a) IN GENERAL.—To request a grant under this 22 part, the chief executive of a State shall submit an applica- 23 tion to the Attorney General— 24 VerDate Sep 11 2014 02:02 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00005 Fmt 6652 Sfmt 6201 E:\BILLS\H5909.IH H5909 pamtmann on DSKBC07HB2PROD with BILLS 6 •HR 5909 IH ‘‘(1) in such form and containing such informa- 1 tion as the Attorney General may reasonably re- 2 quire; 3 ‘‘(2) that includes assurances that Federal 4 funds received under this part shall be used to sup- 5 plement, not supplant, non-Federal funds that would 6 otherwise be available for activities funded under 7 this part; and 8 ‘‘(3) that describes the coordination between 9 State criminal and juvenile justice agencies, mental 10 health agencies and community-based behavioral 11 health providers, preliminary qualified offenders, and 12 family and community members in— 13 ‘‘(A) program design; 14 ‘‘(B) program implementation; and 15 ‘‘(C) training on crisis response, medica- 16 tion adherence, and continuity of recovery in 17 the community. 18 ‘‘(b) ELIGIBILITY FOR PREFERENCE WITH COMMU- 19 NITY CARE COMPONENT.— 20 ‘‘(1) IN GENERAL.—In awarding grants under 21 this part, the Attorney General shall give preference 22 to a State that ensures that individuals who partici- 23 pate in a program, funded by a grant under this 24 part will be provided with continuity of care, in ac- 25 VerDate Sep 11 2014 02:02 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00006 Fmt 6652 Sfmt 6201 E:\BILLS\H5909.IH H5909 pamtmann on DSKBC07HB2PROD with BILLS 7 •HR 5909 IH cordance with paragraph (2), in a community care 1 provider program upon release from a correctional 2 facility. 3 ‘‘(2) REQUIREMENTS.—For purposes of para- 4 graph (1), the continuity of care shall involve the co- 5 ordination of the correctional facility treatment pro- 6 gram with qualified community behavioral health 7 providers and other recovery supports, parole super- 8 vision programs, half-way house programs, and par- 9 ticipation in peer recovery group programs, which 10 may aid in ongoing recovery after the individual is 11 released from the correctional facility. 12 ‘‘(3) COMMUNITY CARE PROVIDER PROGRAM 13 DEFINED.—For purposes of this subsection, the 14 term ‘community care provider program’ means a 15 community mental health center or certified commu- 16 nity behavioral health clinic that directly provides to 17 an individual, or assists in connecting an individual 18 to the provision of, appropriate community-based 19 treatment, medication management, and other recov- 20 ery supports, when the individual leaves a correc- 21 tional facility at the end of a sentence or on parole. 22 ‘‘(c) COORDINATION OF FEDERAL ASSISTANCE.— 23 Each application submitted for a grant under this part 24 shall include a description of how the funds made available 25 VerDate Sep 11 2014 02:02 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00007 Fmt 6652 Sfmt 6201 E:\BILLS\H5909.IH H5909 pamtmann on DSKBC07HB2PROD with BILLS 8 •HR 5909 IH under this part will be coordinated with Federal assistance 1 for behavioral health services currently provided by the 2 Department of Health and Human Services’ Substance 3 Abuse and Mental Health Services Administration. 4 ‘‘SEC. 3103. REVIEW OF STATE APPLICATIONS. 5 ‘‘(a) IN GENERAL.—The Attorney General shall 6 make a grant under section 3101 to carry out the projects 7 described in the application submitted under section 3102 8 upon determining that— 9 ‘‘(1) the application is consistent with the re- 10 quirements of this part; and 11 ‘‘(2) before the approval of the application, the 12 Attorney General has made an affirmative finding in 13 writing that the proposed project has been reviewed 14 in accordance with this part. 15 ‘‘(b) APPROVAL.—Each application submitted under 16 section 3102 shall be considered approved, in whole or in 17 part, by the Attorney General not later than 90 days after 18 first received, unless the Attorney General informs the ap- 19 plicant of specific reasons for disapproval. 20 ‘‘(c) RESTRICTION.—Grant funds received under this 21 part shall not be used for land acquisition or construction 22 projects. 23 ‘‘(d) DISAPPROVAL NOTICE AND RECONSIDER- 24 ATION.—The Attorney General may not disapprove any 25 VerDate Sep 11 2014 02:02 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00008 Fmt 6652 Sfmt 6201 E:\BILLS\H5909.IH H5909 pamtmann on DSKBC07HB2PROD with BILLS 9 •HR 5909 IH application without first affording the applicant reason- 1 able notice and an opportunity for reconsideration. 2 ‘‘SEC. 3104. EVALUATION. 3 ‘‘Each State that receives a grant under this part 4 shall submit to the Attorney General an evaluation not 5 later than March 1 of each year in such form and con- 6 taining such information as the Attorney General, in con- 7 sultation with the Secretary of Health and Human Serv- 8 ices, may reasonably require. 9 ‘‘SEC. 3105. AUTHORIZATION OF FUNDING. 10 ‘‘For purposes of carrying out this part, the Attorney 11 General is authorized to award not more than 12 $10,000,000 of funds appropriated to the Department of 13 Justice for State and local law enforcement activities for 14 each of fiscal years 2020 through 2025.’’. 15 (b) NATIONAL CRIMINAL JUSTICE AND MENTAL 16 HEALTH TRAINING AND TECHNICAL ASSISTANCE.—Sec- 17 tion 2992(c)(3) of title I of the Omnibus Crime Control 18 and Safe Streets Act of 1968 (34 U.S.C. 10652(c)(3)) is 19 amended by inserting before the semicolon at the end the 20 following: ‘‘, which may include interventions designed to 21 enhance access to medication.’’. 22 Æ VerDate Sep 11 2014 02:02 Feb 21, 2020 Jkt 099200 PO 00000 Frm 00009 Fmt 6652 Sfmt 6301 E:\BILLS\H5909.IH H5909 pamtmann on DSKBC07HB2PROD with BILLS