Diversion from Criminal Legal System
Browse Related Strategy Recommendations
Pass the Behavioral Health Crisis Care Centers Act
Congress should pass the Behavioral Health Crisis Care Centers Act, which would provide grant funding for states, cities and counties, and tribal governments to establish, operate, and expand one-stop crisis facilities and wrap-around services.[1][2][3] Additionally, Congress should require the Centers for Medicare and Medicaid Services (CMS) to establish a bundled payment under the Outpatient Prospective Payment System (OPPS) for crisis stabilization services for Medicare beneficiaries in crisis to cover up to 23 hours of crisis stabilization services.[4] CMS should also publish a report examining options for providing Medicare coverage of crisis stabilization services furnished by non-hospital providers that cannot bill Medicare under the OPPS.[4]
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Pass the Behavioral Health Crisis Services Expansion Act
Congress should pass the Behavioral Health Crisis Services Expansion Act to ensure communities have the resources they need to provide services for people experiencing a mental health or substance use (MH/SUD, or “behavioral health”) crisis.[1][2]
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Ensure federal student loan eligibility
Congress should amend the Higher Education Act (20 U.S.C. § 1091) so any conviction for drug possession without intent to distribute does not suspend federal student loan eligibility for any amount of time.[1]
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Support state CARE court efforts
Congress should create a grant program to support state planning efforts to establish efforts like California’s Community Assistance, Recovery and Empowerment (CARE) Act that help individuals with untreated mental health and substance use disorders (MH/SUDs) avoid homelessness, incarceration, and even death. Planning grants should be tied to ensuring strong protections of individuals’ rights and system accountability.
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Fund drug court programs and mental health courts
Congress should increase appropriations for drug court programs (34 U.S.C. § 10611) and mental health courts (34 U.S.C. §10471). Additionally, the federal cap on grant funding for mental health courts should be removed.[1]
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Expand mental health training for law enforcement
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]