Diversion from Criminal Legal System

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]

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.

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]

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]

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]

Congress should reauthorize the Workforce Innovation and Opportunity Act (WIOA) and expand funding for youth employment programs that serve low-income and disadvantaged youth. Funding should be allocated to provide dedicated mental health resources to programs to help identify and meet youth’s mental health needs.