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Title VI — Alternatives to the use of force, de-escalation, behavioral health crises and duty to intervene training

S. 3985 · 116th Congress · Jun 17, 2020 · Lineage

VI Alternatives to the use of force, de-escalation, behavioral health crises and duty to intervene training

Sec. 601 Training on alternatives to use of force, de-escalation, and behavioral health crises

(a)
Definitions— Section 901(a) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10251(a)) is amended—
(1)
in paragraph (27), by striking “and” at the end;
(2)
in paragraph (28), by striking the period at the end and inserting a semicolon; and
(3)
by adding at the end the following:

“(29) the term de-escalation means taking action or communicating verbally or non-verbally during a potential force encounter in an attempt to stabilize the situation and reduce the immediacy of the threat so that more time, options, and resources can be called upon to resolve the situation without the use of force or with a reduction in the force necessary; and

“(30) the term behavioral health crisis means a situation in which the behavior of a person puts the person at risk of hurting himself or herself or others or prevents the person from being able to care for himself or herself or function effectively in the community, including a situation in which a person is under the influence of a drug or alcohol, is suicidal, or experiences symptoms of a mental illness.”

(b)
COPS program— Section 1701 of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10381) is amended by adding at the end the following:

“(n) Training in alternatives to use of force, de-escalation techniques, and behavioral health crises

“(1) Training curricula—The Attorney General, in consultation with relevant law enforcement agencies of States and units of local government, labor organizations, professional law enforcement organizations, and mental health organizations, shall develop training curricula in—

“(A) alternatives to use of force and de-escalation tactics; and

“(B) safely responding to a person experiencing a behavioral health crisis, including techniques and strategies that are designed to protect the safety of the person experiencing the behavioral health crisis, law enforcement officers, and the public.

“(2) Certified programs—The Attorney General shall establish a process to certify public and private entities that offer courses in alternatives to use of force, de-escalation tactics, and techniques and strategies for responding to a behavioral health crisis using the training curricula established under paragraph (1) or equivalents to the training curricula established under paragraph (1).

“(3) Transitional regional training programs for State and local agency personnel—Until the end of fiscal year 2023, the Attorney General shall, and thereafter may, provide regional training to equip and certify personnel from law enforcement agencies of States and units of local government in a State to conduct training using the training curricula established under paragraph (1).

“(4) List—The Attorney General shall publish a list of law enforcement agencies of States and units of local government that employ officers who have successfully completed a course described under paragraph (2) or (3), which shall include—

“(A) the total number of law enforcement officers employed by the agency;

“(B) the number of officers who have completed the course; and

“(C) whether personnel from the law enforcement agency are certified to conduct training.

“(5) Direct appropriations—For the purpose of making grants under this subsection, there is appropriated, to remain available until expended, out of any money in the Treasury not otherwise appropriated—

“(A) for fiscal year 2021, $20,000,000;

“(B) for fiscal year 2022, $20,000,000;

“(C) for fiscal year 2023, $20,000,000;

“(D) for fiscal year 2024, $20,000,000; and

“(E) for fiscal year 2025, $20,000,000.”

(c)
Byrne JAG program— Subpart 1 of part E of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.) is amended—
(1)
by redesignating section 508 as section 511; and
(2)
by inserting after section 507 the following:

“508. Law enforcement training programs

“(a) Definitions—In this section—

“(1) the term approved course in alternatives to use of force, de-escalation tactics, or techniques and strategies for responding to a behavioral health crisis means a course using the training curricula established under section 1701(n)(1) or equivalents to such training curricula—

“(A) provided by the Attorney General under section 1701(n)(3); or

“(B) provided by a certified entity; and

“(2) the term certified entity means a public or private entity that has been certified by the Attorney General under section 1701(n)(2).

“(b) Authority—The Attorney General shall, from amounts made available for this purpose under subsection (e), make grants to States for use by the State or a unit of government located in the State to—

“(1) pay for costs associated with conducting the training and for attendance by law enforcement personnel at an approved course in alternatives to use of force, de-escalation tactics, or techniques and strategies for responding to a behavioral health crisis; and

“(2) procure training in alternatives to use of force, de-escalation tactics, or techniques and strategies for responding to a behavioral health crisis from a certified entity.

“(c) Allocation of funds

“(1) In general—Of the total amount appropriated to carry out this section for a fiscal year, the Attorney General shall allocate funds to each State in proportion to the total number of law enforcement officers in the State as compared to the total number of law enforcement officers in the United States.

“(2) Training for State law enforcement officers—Each State may retain from the total amount of funds provided to the State for the purposes described in this section an amount that is not more than the amount that bears the same ratio to the total amount of funds as the ratio of—

“(A) the total number of law enforcement officers employed by the State; to

“(B) the total number of law enforcement officers employed by the State and units of local government within the State.

“(3) Training for local law enforcement officers—A State shall make available to units of local government in the State for the purposes described in this section the amounts remaining after a State retains funds under paragraph (2). At the request of a unit of local government, the State may use an amount of the funds allocated to the unit of local government under this paragraph to facilitate training in alternatives to use of force, de-escalation tactics, or techniques and strategies for responding to a behavioral health crisis to law enforcement officers employed by the unit of local government.

“(d) Reporting

“(1) Units of local government—Any unit of local government that receives funds from a State under subsection (c)(3) shall submit to the State a report indicating—

“(A) the number of law enforcement officers that have completed training described in this section;

“(B) the total number of law enforcement officers employed by the unit of local government; and

“(C) any barriers to providing the training.

“(2) States—Any State that receives funds under subsection (c)(2) shall, after receiving the reports described in paragraph (1), submit to the Attorney General—

“(A) such reports; and

“(B) a report by the State indicating—

“(i) the number of law enforcement officers employed by the State that have completed training described in this section;

“(ii) the total number of law enforcement officers employed by the State; and

“(iii) any barriers to providing the training.

“(e) Direct appropriations—For the purpose of making grants under this section, there is appropriated, to remain available until expended, out of any money in the Treasury not otherwise appropriated—

“(1) for fiscal year 2021, $50,000,000;

“(2) for fiscal year 2022, $50,000,000;

“(3) for fiscal year 2023, $50,000,000;

“(4) for fiscal year 2024, $50,000,000; and

“(5) for fiscal year 2025, $50,000,000.”

Sec. 602 Training on duty to intervene

Subpart 1 of part E of Title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10151 et seq.), as amended by section 201, is amended by adding at the end the following:

“510. Training on duty to intervene

“(a) Training program

“(1) In general—The Attorney General, in consultation with relevant law enforcement agencies of States and units of local governments and organizations representing rank and file law enforcement officers, shall develop a training curriculum for law enforcement agencies and officers on the development, implementation, fulfillment, and enforcement of a duty of a law enforcement officer to intervene when another law enforcement officer is engaged in excessive use of force.

“(2) Certified programs—The Attorney General shall establish a process to certify public and private entities that offer courses on the duty to intervene that are equivalent to the training curriculum established under paragraph (1).

“(3) Transitional regional training programs—Until the end of fiscal year 2023, the Attorney General shall provide regional training workshops for law enforcement officers of States and units of local government, using the training curriculum established under paragraph (1).

“(4) List—The Attorney General shall publish a list of law enforcement agencies of States and units of local government that employ officers who have successfully completed a course described under paragraph (2) or (3), which shall include the total number of law enforcement officers employed by the agency and the number of officers who have completed the course.

“(b) Grant program

“(1) Authorization—The Attorney General may make grants to State and local law enforcement agencies to—

“(A) pay for costs associated with attendance by law enforcement personnel at a training course approved by the Attorney General under paragraph (2) or (3) of subsection (a); and

“(B) procure training in the duty to intervene from a public or private entity certified under subsection (a)(2).

“(2) Application—Each State or local law enforcement agency seeking a grant under this subsection shall submit an application to the Attorney General at such time, in such manner, and containing such information as the Attorney General may require.

“(c) Direct appropriations—For the purpose of making grants under this section, there is appropriated, to remain available until expended, out of any money in the Treasury not otherwise appropriated—

“(1) for fiscal year 2021, $100,000,000;

“(2) for fiscal year 2022, $100,000,000;

“(3) for fiscal year 2023, $100,000,000;

“(4) for fiscal year 2024, $100,000,000; and

“(5) for fiscal year 2025, $100,000,000.”