to adopt the amendments to HB 5790 (H-2).
Representative Tyrone Carter moved to adopt the amendments to HB 5790 (H-2). The motion did not prevail 10-17-0: UNFAVORABLE ROLL CALL Yeas: Reps. Tate, Sabo, Tyrone Carter, Hood, Brabec, O'Neal, Rogers, Steckloff, Thanedar, Weiss. Nays: Reps. Albert, Whiteford, Allor, Brann, Frederick, Hornberger, Marino, VanSingel, Yaroch, Bollin, Glenn, Lightner, Maddock, Slagh, VanWoerkom, Beson, Borton. Pass: None. Representative Hood offered the following amendments to HB 5790 (H-2): 1. Amend page 7, following line 13, by inserting: Bias and de-escalation training 35,000,000 and adjusting the subtotals, totals, and section 201 accordingly. 2. Amend page 47, following line 26, by inserting: "Sec. 813. (1) Funds appropriated in part 1 for bias and de-escalation training must be used by MCOLES to conduct or contract for research and analysis to identify training gaps and to begin to adapt, adopt, or develop curriculum standards for training in the following areas or other areas MCOLES 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 defuse 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 or 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 the 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 the 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 MCOLES, 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 MCOLES-approved implicit bias training course. (4) Funds appropriated in part 1 for bias and de-escalation training must be distributed by MCOLES to law enforcement agencies, through a grant program, for bias and de- escalation training for law enforcement officers. As a condition of receiving funding under this subsection, 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 as safe as possible. (5) MCOLES shall make a written model 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 model 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 defuse 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 evidence-based training that provides instruction regarding the bias implicit in all humans 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 individuals 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, 2027." and renumbering the remaining sections accordingly.