Diversion from Criminal Legal System

Congress should make mobile crisis services mandatory under Medicaid. At a minimum, these services should be made a permanent state option available to states eligible for enhanced federal Medicaid match funding.[1]

Congress should require the Centers for Medicare and Medicaid Services (CMS) to establish a single global payment under the Physician Fee Schedule for mobile crisis response team services for Medicare beneficiaries experiencing a mental health or substance use disorder (MH/SUD) crisis. A bipartisan group of Senate Finance Committee members has supported this important step.[1]

Congress should pass the Black Maternal Health Momnibus Act (Momnibus 2.0) package, which includes 13 bills to address alarming disparities in Black maternal health.

Congress should pass a 10 percent set-aside for crisis services in the Mental Health Block Grant to address gaps in vital crisis services across the United States. At present, the set-aside stands at 5 percent, which falls short of effectively meeting the growing demand for mental health support, including in moments of mental health and substance use disorder (MH/SUD) emergencies.

Senate and House appropriators should include in the annual Commerce, Justice, Science, and Related Agencies spending bill a requirement that as a condition of receiving certain Department of Justice funding, local criminal legal systems, including law enforcement and juvenile justice programs, should be required to develop comprehensive diversion plans with health systems and mental health and substance use disorder (MH/SUD) providers in their communities.[1] Additionally, efforts to universally screen and assess individuals at arrest, sentencing, and all points across the criminal legal system continuum for MH/SUD should be expanded to inform connections to appropriate treatment and services.[2]

Law enforcement receiving federal funding should be required to train officers and non-sworn personnel[1] in recognizing signs and symptoms of Mental Health/Substance Use Disorder, as well as use de-escalation using models (e.g., the Police Assisted Addiction and Recovery Initiative)[2] and specialized training (e.g. Crisis Intervention Team [CIT], Law Enforcement Assisted Diversion [LEAD]).[3] Training should help officers identify and respond to potential mental health crises. Policymakers should expand the National Training Center to meet the existing demand for training/support Office of Justice Programs (OJP) expansion to train and provide technical assistance through state grant-making agencies to service providers.[1]