HB 1767 — Establishing a law enforcement grant program to expand alternatives to arrest and jail processes.

H-2198.1SECONDH-1090.1HOUSE SUBSTITUTE HOUSE BILL 1767State of Washington66th Legislature2019 Regular SessionByHouseSessionByRepresentatives Appropriations (originally sponsored by Representatives Lovick, Leavitt, Davis, Orwall, Appleton, Macri, Gregerson, Jinkins, Ryu, Pellicciotti, Dolan, Ormsby, Stanford, Peterson, Pollet, Slatter, Valdez, Walen, Frame, and Tharinger)READTharingerRead FIRSTfirst TIMEtime 03/01/19.AN01/30/19.Referred to Committee on Public Safety.AN ACT Relating to establishing a law enforcement grant program to expand alternatives to arrest and jail processes;

and adding a new section to chapter 36.28A RCW;RCW.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.

and creating a new section.BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:NEW SECTION.  Sec.

A new section is added to chapter 36.28A RCW to read as follows:(1) Subject to the availability of amounts appropriated for this specific purpose, the Washington association of sheriffs and police chiefs,chiefs in consultation with the law enforcement assisted diversion national support bureau, shall develop and implement a grant program aimed at supporting local initiatives to properly identify criminal justice system-involved persons with substance use disorders and other behavioral health needs and engage those persons with therapeutic interventions and other services,services the efficacy of which have been demonstrated by experience, peer-reviewed research, or which are credible promising practices, prior to or at the time of jail booking, or while in custody.(2) Grants must be awarded to local jurisdictionslaw enforcement agencies based on locally developed proposals to establish or expand existing programs.

TheA leadsingle proposing agency may besubmit a lawproposal enforcementor agency,two otheror localmore governmentagencies entity,may orsubmit a nonprofitjoint community-basedproposal. organization.

AllA proposalspeer mustreview includepanel governingappointed involvementby fromthe community-basedWashington organizations,association localof government,sheriffs and lawpolice enforcement,chiefs in consultation with integrated managed care organizations and behavioral health organizations must alsoreview demonstratethe engagementgrant applications.(3) Programs preferred for the award of lawgrant enforcement,funding prosecutors,are civilthose rightsthat advocates,contain publicone or more of the following components:(a) Employment of tools and strategies to accurately identify individuals with behavioral health experts,needs harmat reductionthe practitioners,point organizationsof ledarrest byor jail booking and representingimmediately engage those individuals with pastappropriate justicetreatment systemprograms involvement,and support services;(b) Capacity to receive ongoing referrals to specialized behavioral health programming for persons already incarcerated in jails;(c) Utilization of case manager and publicpeer safetysupport advocates.services for persons with behavioral health needs who are incarcerated in jails;(d) Specialized training for jail staff relating to incarcerated individuals with behavioral health needs;(e) Comprehensive jail reentry programming for incarcerated persons with behavioral health needs;

Aand(f) peerOther reviewinnovative panelinterventions appointedtargeted byspecifically theat Washingtonpersons associationwith ofbehavioral sheriffshealth andneeds policewho chiefsare inbrought consultationto withjail thefor lawbooking enforcementor assistedare diversionincarcerated nationalin supportjails.(4) bureau,Proposals integratedmust managedprovide carea organizationsplan andfor behavioraltracking healthclient organizationsengagement mustand reviewoutcomes. the grant applications.

TheGrant peerrecipients review panel must includeagree experts in harm reduction and civil rights experts.(3)(a) Programs preferred for the award of grant funding are those that have a prebooking diversion focus and contain one both of the following components:(i) Employment of tools and strategies to accuratelycomply identify individuals with substanceany usedata disorderscollection and otherreporting behavioralrequirements healthas needsestablished whoby are known to commit law violations, at or prior to the pointWashington association of arrest,sheriffs and immediatelypolice engagechiefs. those individuals with appropriate community-based care and support services that have been proven to be effective for marginalized populations by experience or peer-reviewed research or that are credible promising practices;

and(ii)(5) CapacityThe toWashington receiveassociation ongoing referrals to the same community-based care approach for persons with substance use disorders and other behavioral health needs encountered in jail, with an emphasis on securing the release of thosesheriffs individuals whenever possible consistent with public safety and relevantpolice courtchiefs rules.(b)must Proposalsensure targetingthat prebookinggrants diversionawarded mayunder usethis fundsprogram to identify and refer persons who are encounteredseparate in jail to community-based services.(4) Up to twenty-five percent of the total funds appropriated for the grant program may be allocated to proposals containing any of the following components:(a) Utilization of case manager and peerdistinct supportfrom servicesgrants forawarded personspursuant with substance use disorders and other behavioral health needs who are incarcerated in jails;(b) Specialized training for jail staff relating to incarceratedRCW individuals36.28A.440. with substance use disorders and other behavioral health needs;(c) Comprehensive jail reentry programming for incarcerated persons with substance use disorders and other behavioral health needs;

and(d)Grant Otherfunds innovativemay interventionsnot targetedbe specificallyused atto personsfulfill withminimum substancemedical use disorders and othertreatment behavioralservices healththat needsjails who are broughtlegally required to jailprovide. for booking or are incarcerated in jails.(5) Proposals must provide a plan for tracking client engagement and outcomes.

Grant(6) recipientsOnce must agree to comply with any data collection and reporting requirements that are established by the Washington association of sheriffs and police chiefs incertifies consultationthat witha selected applicant satisfies the lawproposal enforcementcriteria, assistedthe diversiongrant nationalfunds supportwill bureau.be distributed.

Grant recipients whose proposals include prebooking diversion programs must engage with the law enforcement assisted diversion national support bureau for technical assistance regarding best practices for prebooking diversion programs, and regarding establishment of an evaluation plan.

Subject to appropriated funding, grant awards will be eligible for annual renewal conditioned upon the recipient's demonstration that the funded program is operating in alignment with the requirements for the grant program.

(6) The Washington association of sheriffs and police chiefs must ensure that grants awarded under this program are separate and distinct from grants awarded pursuant to RCW 36.28A.440.

Grant funds may not be used to fulfill minimum medical and treatment services that jails or community mental health agencies are legally required to provide.

(7) Once the Washington association of sheriffs and police chiefs, after consultation with the law enforcement assisted diversion national support bureau, certifies that a selected applicant satisfies the proposal criteria, the grant funds will be distributed.

GrantThe Washington association of sheriffs and police chiefs may prioritize grant applications that include local matching fundsfunds. may be prioritized.

Grant recipients must be selected no later than March 1, 2020.(8)2020.(7) The Washington association of sheriffs and police chiefs must submit an annual report regarding the grant program to the governor and appropriate committees of the legislature by December 1st of each year the program is funded.

The report must include information on grant recipients, use of funds, and outcomes and other feedback from the grant recipients.recipients.(8) Nothing in this section prohibits the Washington association of sheriffs and police chiefs from soliciting or accepting private funds to support the program created in this section.--- END ---

In preparing the report, the Washington association of sheriffs and police chiefs may consult with the law enforcement assisted diversion national support bureau.(9) Nothing in this section prohibits the Washington association of sheriffs and police chiefs from soliciting or accepting private funds to support the program created in this section.NEW SECTION.  Sec.

2.

If specific funding for the purposes of this act, referencing this act by bill or chapter number, is not provided by June 30, 2019, in the omnibus appropriations act, this act is null and void.--- END ---