to adopt the amendments to HB 5522 (H-3).
Representative Yaroch moved to adopt the amendments to HB 5522 (H-3). The motion prevailed 26-0-0: FAVORABLE ROLL CALL Yeas: Reps. Albert, Whiteford, Allor, Brann, Frederick, Hornberger, VanSingel, Yaroch, Glenn, Lightner, Maddock, Slagh, VanWoerkom, Beson, Borton, Fink, Tate, Peterson, Sabo, Hood, Cynthia Johnson, Brabec, O'Neal, Steckloff, Thanedar, Weiss. Nays: None. Pass: None. Representative Weiss offered the following amendments to HB 5522 (H-3): 1. Amend page 5, following line 12, by inserting: "ARP – community crisis response grant program 10,000,000". 2. Amend page 5, line 13, after "community" by inserting "oriented". 3. Amend page 5, line 13, after "programs" by striking out "5,000,000" and inserting "25,000,000". 4. Amend page 5, following line 21, by inserting: "Bias and de-escalation training 35,000,000". 5. Amend page 5, line 24, after "Community" by inserting "oriented". 6. Amend page 5, line 24, after "programs" by striking out "5,000,000" and inserting "25,000,000". 7. Amend page 5, following line 25, by inserting: "Jail diversion grant program 10,000,000". 8. Amend page 5, following line 28, by inserting: "Michigan commission on law enforcement standards advocates and leaders for police and community trust 2,000,000". 9. Amend page 6, following line 7, by inserting: "Officer misconduct registry 7,500,000". 10. Amend page 6, line 17, after "fund" by striking out "105,250,000" and inserting "135,250,000" and adjusting the subtotals, totals, and section 201 accordingly. 11. Amend page 15, following line 13, by inserting: "Sec. 402. (1) Funds appropriated in part 1 for ARP - community crisis response grant program must be distributed by the Michigan commission on law enforcement standards and the department of state police to local public safety departments, through a competitive grant program, to be used to create a community crisis response grant program. Grants must be used for establishing or expanding community-based mobile crisis intervention services. Priority will be given to grant applications that demonstrate a commitment to best practices. (2) Each public safety department receiving a grant under this section must provide a copy of a memorandum of understanding between the involved community agencies and law enforcement agencies that delineates how behavioral health professionals and law enforcement officers shall be coordinated. (3) The Michigan commission on law enforcement standards along with the department of state police must create an application process with selection criteria for grants and a grant dispersal process and must post the application process, selection criteria, and grant dispersal process on the department's website. (4) The Michigan commission on law enforcement standards and the department must seek federal authority as outlined under section 9813 of the American rescue plan act of 2021, Public Law 117-2, to utilize enhanced federal Medicaid matching funds for operating the programs described in this section as long as that funding is available. (5) A local public safety department that receives a grant under this section shall cooperate with an organization, selected by the Michigan commission on law enforcement standards and the department, to describe and evaluate the activities and results of the local public safety departments related to the grant. The Michigan commission on law enforcement standards and the department may use a portion of grant funding appropriated to contract with an independent organization to fulfill this requirement. (6) The evaluating organization must determine the specific metrics required in the report and notify the local public safety departments at the time of the first grant disbursement. Metrics may include, but are not limited to, the following: (a) Total number of behavioral health crisis calls in the target jurisdiction. (b) Number of calls to which a community crisis responder clinician or community crisis responder peer is dispatched according to the requirements of the local public safety department's grant application. (c) Number of calls transferred to telehealth with physical response follow-up and the number of calls transferred to telehealth without physical response follow-up. (d) Community crisis responder clinician and community crisis responder peer call time per call. (e) A survey of clients served by community crisis response. (f) Number of calls with community crisis response that result in the following: (i) Jail admission. (ii) On-location de-escalation. (iii) Access to crisis stabilization services and other community-based supports and service. (iv) Inpatient admission to a behavioral health facility. (v) Referral for behavioral or mental health services without residential or inpatient admission. (vi) Referral to community or social services, including, but not limited to, homeless shelters, women's shelters, food pantries, or other similar services. (g) Number of individuals served by community crisis response broken down by age, gender, race, and ethnicity. (h) Reduction in frequency of law enforcement interaction with known frequently served individuals. (i) Number of follow-up visits, including method and location. (j) Overall program costs broken down by administration, training, community crisis responder clinician and community crisis responder peer, and per call costs. (7) Not later than September 30, 2022, the Michigan commission on law enforcement standards and the department must compile and submit an annual report to the senate and house appropriations subcommittees on state police, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office, and publish a copy of the report on its internet website. The report must contain all of the following for the immediately preceding fiscal year: (a) The name of each local public safety department that received a grant and the total amount of the grant. (b) Details about any subgrants disbursed by each local public safety department that received a grant under this section. (c) An analysis of the activities undertaken by grant recipients as part of their project, including alignment with best practices. (d) An appropriate summary of metrics reported by grant recipients as required. (e) Recommendations for improvements to grant criteria. (8) The responsibilities of the Michigan commission on law enforcement standards and the department under this section include all of the following: (a) Create the community crisis response grant program, review grant applications, and distribute grants. (b) Develop a model memorandum of understanding between community agencies and law enforcement. (c) Manage external evaluation and ensure that metrics are collected by grant recipients in order to determine future best practices and criteria for future grants. (d) Provide technical assistance and coordination and facilitate sharing of best practices among grant recipients. (e) Assist with cross-training resources between law enforcement and community crisis responder clinicians and community crisis responder peers. (9) The unexpended funds appropriated in part 1 for ARP - community crisis response grant program are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project is to create a community crisis response grant program. (b) The project will be accomplished by utilizing state employees, contracts with vendors, or local partners. (c) The estimated cost of the project is $10,000,000.00. (d) The tentative completion date is September 30, 2026." and renumbering the remaining sections accordingly. 12. Amend page 15, line 14, after "community" by inserting "oriented". 13. Amend page 15, line 18, after "community" by inserting "oriented". 14. Amend page 15, line 18, after "programs" by inserting a comma and "to assist public safety departments with changing practices and redesigning structures and services, and to implement community violence intervention strategies, which address students' social, emotional, mental health, and academic development and are important in the context of the disproportionate impact of the COVID-19 pandemic on underserved groups of students, students from low-income families, students of color, students with disabilities, English learners, students experiencing homelessness, children and youth in foster care, migratory students, and children who are incarcerated". 15. Amend page 15, line 23, after "community" by inserting "oriented". 16. Amend page 15, line 25, after "awards." by inserting: "Grants provided to local public safety departments should be in an amount of $500,000.00 per award and must be used for purposes in the following areas: (a) Use of force. (b) Officer accountability and wellness. (c) Disparate enforcement and treatment. (d) Re-imagining public safety. (e) Truth and reconciliation efforts. (f) Community outreach and engagement. (g) Community violence intervention.". 17. Amend page 15, line 27, after "community" by inserting "oriented". 18. Amend page 16, line 5, after "community" by inserting "oriented". 19. Amend page 16, line 8, after "is" by striking out "$5,000,000.00" and inserting "$25,000,000.00". 20. Amend page 16, following line 9, by inserting: "(3) As used in this section, "local public safety department" means a public safety department at the county, city, village, or township level.". 21. Amend page 22, following line 14, by inserting: "Sec. 411. (1) Funds appropriated in part 1 for bias and de-escalation training must be used by the Michigan commission on law enforcement standards to conduct or contract for research and analysis to identify training gaps and begin to adapt, adopt, or develop curriculum standards for training in the following areas or other areas the commission determines to be substantially similar: (a) De-escalation techniques. (b) Implicit bias training. (c) Procedural justice training. (d) Mental health resources and support available for law enforcement officers. (2) The curriculum standards for training on de-escalation techniques may include any of the following: (a) Employment of verbal and physical tactics to diffuse volatile or potentially violent situations, including when they are safe and feasible, with an emphasis on using communication, negotiation, and de-escalation techniques. (b) Level of force that is an objectively reasonable response to an identified and articulable threat or resistance that is based on information available at the time of the incident and that requires constant reevaluation as circumstances dictate and allow. (c) Training that provides law enforcement officers with awareness and recognition of indicators of physical and mental disabilities, mental health issues, developmental disabilities, and substance abuse issues with an emphasis on effective communication and de- escalation techniques. (d) As appropriate with the nature and immediacy of the threat to public safety, the use of distance, cover, and time when approaching and managing critical incidents, in order to help create a safety zone between the law enforcement officer and subject, to afford the officer more time to react to the circumstances. (e) A law enforcement officer's responsibility to intervene in a situation if another law enforcement officer's actions indicate that officer has lost self-control or use of force is not objectively reasonable to the level of resistance encountered. (f) Other evidence-based approaches, found to be appropriate by the commission, that enhance de-escalation techniques and skills. (3) An individual seeking to become a law enforcement officer or a person who is already a licensed law enforcement officer may meet the standards for implicit bias training by completing an implicit bias training course approved by the commission. (4) Funds appropriated in part 1 for bias and de-escalation training must be distributed by the Michigan commission on law enforcement standards to law enforcement agencies, through a grant program, for bias and de-escalation training for law enforcement officers. As a condition of receiving funding, law enforcement agencies must adopt a written policy stating that each of the law enforcement officers in its employ will utilize de-escalation techniques in his or her interactions with citizens to the extent that it is reasonable and safe as possible. (5) The commission shall make a model written policy meeting the requirements of subsection (4) available on its website. A law enforcement agency may fulfill its duty under subsection (4) by adopting the written policy made available under this subsection. (6) As used in this section: (a) "Curriculum" means a structure of educational standards that identifies behavioral objectives and outcomes. (b) "De-escalation technique" means a method or methods intended to diffuse potentially volatile or violent situations with the goal of reducing the level of subject control required to resolve the situation in an objectively reasonable and safe manner. (c) "Implicit bias training" means an evidence-based training that provides instruction regarding the bias implicit in all human beings and how to help ensure unconscious bias does not inhibit fair and impartial law enforcement. (d) "Procedural justice training" means training based on the principles of treating people with dignity and respect, giving citizens a voice during encounters, being neutral in decision making, and conveying trustworthy motives while emphasizing law enforcement's role in the context of the larger criminal justice system. (e) "Training gap" means identified behavioral or performance deficiencies caused by a lack of skill or knowledge. (7) The unexpended funds appropriated in part 1 for bias and de-escalation training are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project is for bias and de-escalation training for law enforcement officers. (b) The project will be accomplished by utilizing state employees, contracts with vendors, or local partners. (c) The estimated cost of the project is $35,000,000.00. (d) The tentative completion date is September 30, 2026." and renumbering the remaining sections accordingly. 22. Amend page 23, line 24 after "community" by inserting "oriented". 23. Amend page 23, line 28, after "community" by inserting "oriented". 24. Amend page 23, line 28, after "programs" by inserting a comma and "to assist public safety departments with changing practices and redesigning structures and services, and to implement community violence intervention strategies, which address students' social, emotional, mental health, and academic development and are important in the context of the disproportionate impact of the COVID-19 pandemic on underserved groups of students, students from low-income families, students of color, students with disabilities, English learners, students experiencing homelessness, children and youth in foster care, migratory students, and children who are incarcerated". 25. Amend page 24, line 4, after "community" by inserting "oriented". 26. Amend page 24, line 6, after "awards." by inserting: "Grants provided to local public safety departments should be in an amount of $500,000.00 per award and must be used for purposes in the following areas: (a) Use of force. (b) Officer accountability and wellness. (c) Disparate enforcement and treatment. (d) Re-imagining public safety. (e) Truth and reconciliation efforts. (f) Community outreach and engagement. (g) Community violence intervention.". 27. Amend page 24, line 7 after "community" by inserting "oriented". 28. Amend page 24, line 15, after "community" by inserting "oriented". 29. Amend page 24, line 18, after "is" by striking out "$5,000,000.00" and inserting "$25,000,000.00". 30. Amend page 24, following line 19, by inserting: "(3) As used in this section, "local public safety department" means a public safety department at the county, city, village, or township level.". 31. Amend page 25, following line 6, by inserting: "Sec. 416. (1) Funds appropriated in part 1 for jail diversion grant program must be distributed by the Michigan commission on law enforcement standards and the department of state police, through a grant program, to local units of government to establish or expand behavioral health jail diversion programs in coordination between community agencies and law enforcement agencies. (2) Priority must be given to local units of government in counties without an urbanized area of at least 50,000 people and to programs that adhere to best practices. (3) Each local unit of government receiving a grant under this section must provide a copy of a memorandum of understanding between the involved community agencies and law enforcement agencies that delineates how the agencies will be coordinated. (4) The Michigan commission on law enforcement standards and the department must create an application process with selection criteria for grants and a grant dispersal process. The Michigan commission on law enforcement standards and the department must post the application process, selection criteria, and grant dispersal process on the department's website. (5) The Michigan commission on law enforcement standards and the department must seek federal authority as outlined under section 9813 of the American rescue plan act of 2021, Public Law 117-2, to utilize enhanced federal Medicaid matching funds for the operation of eligible programs receiving grants under this section as long as that funding is available. (6) Each year, a local unit of government that receives a grant under this section must cooperate with an organization, selected by the department, to describe and evaluate the activities and results of the local unit of government related to grant dollars disbursed under this section. The Michigan commission on law enforcement standards and the department may utilize a portion of funding appropriated to the jail diversion fund to contract with an independent organization to fulfill this requirement. (7) The evaluating organization must determine the specific metrics required in the report and notify the local units of government at the time of the first grant disbursement. (8) Not later than September 30, 2022 the Michigan commission on law enforcement standards and the department must compile and submit an annual report to the senate and house appropriations subcommittees on state police, the senate and house fiscal agencies, the senate and house policy offices, and the state budget office, and publish a copy of the report on its internet website. The report must contain all of the following for the immediately preceding fiscal year: (a) The name of each local unit of government that received a grant and the total amount of the grant. (b) Details about any subgrant disbursed by each local unit of government that received a grant under this section. (c) An analysis of the activities undertaken by grant recipients as part of their project. (d) An appropriate summary of metrics reported by grant recipients. (9) The responsibilities of the Michigan commission on law enforcement standards and the department under this section include all of the following: (a) Create the jail diversion grant program, review grant applications, and distribute grants. (b) Determine appropriate staffing and resource allocation for grant review, administration, and other duties. (c) Manage external evaluation and ensure that metrics are collected by grant recipients in order to determine program results and inform best practices. (d) Provide technical assistance and coordination and facilitate sharing of best practices among grant recipients. (10) The unexpended funds appropriated in part 1 for jail diversion grant program are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project is to establish or expand behavioral health jail diversion programs in coordination between community agencies and law enforcement agencies. (b) The project will be accomplished by utilizing state employees, contracts with vendors, or local partners. (c) The estimated cost of the project is $10,000,000.00. (d) The tentative completion date is September 30, 2026." and renumbering the remaining sections accordingly. 32. Amend page 27, following line 19, by inserting: "Sec. 419. (1) Funds appropriated in part 1 for Michigan commission on law enforcement standards advocates and leaders for police and community trust must be used by the Michigan commission on law enforcement standards to support the advocates and leaders for police and community trust initiative within the department of civil rights. (2) The unexpended funds appropriated in part 1 for Michigan commission on law enforcement standards advocates and leaders for police and community trust are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project is to support the advocates and leaders for police and community trust initiative within the department of civil rights. (b) The project will be accomplished by utilizing state employees, contracts with vendors, or local partners. (c) The estimated cost of the project is $2,000,000.00. (d) The tentative completion date is September 30, 2026." and renumbering remaining sections accordingly. 33. Amend page 31, following line 26, by inserting: "Sec. 424. (1) Funds appropriated in part 1 for officer misconduct registry must be used to create and maintain an officer misconduct registry, which must contain the name of any officer terminated for on-the-job misconduct and a description of the nature of the misconduct. The officer misconduct registry must be accessible to all public safety departments in this state. (2) The unexpended funds appropriated in part 1 for officer misconduct registry are designated as a work project appropriation. Unencumbered or unallotted funds shall not lapse at the end of the fiscal year and shall be available for expenditures under this section until the project has been completed. The following is in compliance with section 451a of the management and budget act, 1984 PA 431, MCL 18.1451a: (a) The purpose of the project is to create and maintain an officer misconduct registry. (b) The project will be accomplished by utilizing state employees, contracts with vendors, or local partners. (c) The estimated cost of the project is $7,500,000.00. (d) The tentative completion date is September 30, 2026." and renumbering remaining sections accordingly.