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H. 5025
STATUS INFORMATION
General Bill
Sponsors: Rep. Hamilton
Document Path: l:\council\bills\gt\5081cm16.docx
Companion/Similar bill(s): 1078
Introduced in the House on March 2, 2016
Currently residing in the House Committee on Judiciary
Summary: Law enforcement training council; Criminal Justice Academy
HISTORY OF LEGISLATIVE ACTIONS
Date Body Action Description with journal page number
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3/2/2016 House Introduced and read first time (House Journal-page 11)
3/2/2016 House Referred to Committee on Judiciary
(House Journal-page 11)
View the latest legislative information at the website
VERSIONS OF THIS BILL
TO AMEND SECTION 23-23-10, AS AMENDED, CODE OF LAWS OF SOUTH CAROLINA, 1976, RELATING TO THE PURPOSE OF THE LAW ENFORCEMENT TRAINING COUNCIL AND CRIMINAL JUSTICE ACADEMY, SO AS TO PROVIDE DEFINITIONS FOR THE TERMS "CRISIS INTERVENTION TEAM" AND "TECHNICAL ASSISTANCE CENTER COUNCIL"; BY ADDING SECTION 23-23-55 SO AS TO PROVIDE THAT A CLASS 1-LE LAW ENFORCEMENT OFFICER MUST COMPLETE CONTINUING LAW ENFORCEMENT EDUCATION CREDITS IN MENTAL HEALTH OR ADDICTIVE DISORDERS, AND TO PROVIDE THAT THE LAW ENFORCEMENT TRAINING COUNCIL SHALL PROVIDE GUIDELINES FOR AN EXEMPTION FROM THIS REQUIREMENT; TO AMEND SECTION 23-23-80, AS AMENDED, RELATING TO THE LAW ENFORCEMENT TRAINING COUNCIL AND CRIMINAL JUSTICE ACADEMY, SO AS TO PROVIDE THAT THE LAW ENFORCEMENT TRAINING COUNCIL IS AUTHORIZED TO ESTABLISH AND MAINTAIN A CRISIS INTERVENTION TRAINING CENTER AND TO GOVERN AND SUPERVISE CRISIS INTERVENTION TEAM TRAINING; AND BY ADDING CHAPTER 52 TO TITLE 23 SO AS TO CREATE A CRISIS INTERVENTION TRAINING COUNCIL, TO PROVIDE FOR THE COUNCIL'S DUTIES, AND TO PROVIDE THAT EVERY COUNTY SHALL ESTABLISH AT LEAST ONE CRISIS INTERVENTION TEAM.
Be it enacted by the General Assembly of the State of South Carolina:
SECTION 1. Section 23-23-10(E) of the 1976 Code, as last amended by Act 225 of 2014, is further amended by adding the following appropriately numbered items at the end:
"( ) 'Crisis intervention team' refers to a local coalition with a purpose of improving the manner in which law enforcement and the community respond to crisis situations in which an individual is experiencing a mental health or addictive disorder crisis.
( ) 'Technical assistance center council' refers to a council established by the Law Enforcement Training Council in conjunction with the mental health courts and the Department of Mental Health to support the development and sustainability of local crisis intervention teams."
SECTION 2. Chapter 23, Title 23 of the 1976 Code is amended by adding:
"Section 23-23-55. (A) A law enforcement officer who is Class 1-LE certified in this State is required to complete Continuing Law Enforcement Education Credits (CLEEC) in mental health or addictive disorders each year of a three-year recertification period. The number of required annual CLEEC hours in mental health or addictive disorders shall be determined by the council, but must be included in the forty CLEEC hours required over the three-year recertification period. The training must be provided or approved by the academy and the Technical Assistance Training Council and must include, but is not limited to, the following curriculum: responding to crime scenes, responding to crisis situations in which an individual is experiencing a mental health or addictive disorder crisis, Fourth Amendment issues, incident-report writing, determining primary aggressors, dual arrests, victim and offender dynamics, victims' resources, victims' rights issues, interviewing techniques, mental health courts and mental health court programs, offender treatment programs, and recognizing special needs populations.
(B) The council shall develop guidelines to provide for an exemption from the requirement of certain Class 1-LE certified law enforcement officers whose job responsibilities may not include responding to mental health or addictive disorder crisis cases from completing CLEEC hours in mental health or addictive disorders each year. The request for an exemption must be made by the chief executive officer of the law enforcement officer's employing agency. A waiver or exemption from mental health or addictive disorders training must not reduce the forty CLEEC hours required over the three-year period."
SECTION 3. Section 23-23-80 of the 1976 Code, as last amended by Act 225 of 2014, is further amended by adding the following appropriately numbered items at the end:
"( ) establish and maintain, in conjunction with the mental health courts and the Department of Mental Health, the Technical Assistance Center Council; and
( ) govern and supervise crisis intervention teams and crisis intervention team training."
SECTION 4. Title 23 of the 1976 Code is amended by adding:
Section 23-52-10. As used in this chapter:
(1) 'Academy' means the South Carolina Criminal Justice Academy.
(2) 'Council' means the South Carolina Technical Assistance Center Council.
(3) 'Crisis intervention team trained officer' means a law enforcement officer who has received training by a local crisis intervention team regarding how to respond to an individual in crisis.
(4) 'Crisis intervention team training' means training provided by a crisis intervention team to law enforcement officers regarding:
(a) signs and symptoms of mental health crisis;
(b) mental health treatment options in the local community; and
(c) de-escalation and crisis intervention techniques to facilitate interaction and referrals to treatment.
(5) 'Individual in crisis' means an individual with mental illness, a substance addition disorder, or both.
(6) 'Technical assistance center council' means a council established and maintained by the Law Enforcement Training Council in conjunction with the mental health courts and the Department of Mental Health to support the development and sustainability of local crisis intervention teams.
Section 23-52-20. (A) There is hereby created the South Carolina Technical Assistance Center Council consisting of the eleven members serving as the South Carolina Law Enforcement Training Council, as defined in Section 23-23-30, and three other members appointed by the Law Enforcement Training Council. Two of the three members appointed by the LETC must have at least ten years of training and experience in one or more of the following fields: psychology, psychiatry, sociology, or social work. One of the three members appointed by the Law Enforcement Training Council must be a consumer representative who has dealt with a mental health or addictive disorder.
(B)(1) The eleven members serving as the South Carolina Law Enforcement Training Council, as defined in Section 23-23-30, shall constitute the South Carolina Technical Assistance Center Council.
(2) The three additional members shall begin serving on January 1, 2017. The Law Enforcement Training Council shall fill any vacancy by appointment on the basis of the above-referenced criteria.
(C) The council shall meet for the first time within ninety days after January 1, 2017, and the chairperson and vice chairperson shall be those selected pursuant to Section 23-23-30(C).
(D) Members of the council shall serve without compensation.
Section 23-52-30. The technical assistance center council shall:
(1) identify grants and other funds that may be used to fund local crisis intervention teams, law enforcement agencies, and evaluation of the effectiveness of crisis intervention team training;
(2) create and support a statewide crisis intervention team advisory committee that includes representatives from:
(a) local crisis intervention teams;
(b) state agencies or political subdivisions, including the department of mental health and the academy and other appropriate agencies; and
(c) advocacy organizations, including organizations representing persons affected by mental illness and substance addiction disorders and other appropriate organizations;
(3) assist rural counties in creating crisis intervention teams and crisis intervention team training;
(4) provide each crisis intervention team with appropriate training, information, and technical assistance to:
(a) assist law enforcement agencies and law enforcement officers in providing appropriate caution and care in crisis situations to an individual in crisis;
(b) identify underserved populations with mental illness, substance addiction disorders, or both, and link the populations to appropriate care;
(c) build partnerships and encourage formal agreements among local law enforcement, mental health providers, individuals and families affected by mental illness and substance addiction disorders, and other community stakeholders to improve system prevention and response to mental health and substance addiction disorder crises;
(d) develop and communicate a recommended best practices crisis intervention team training curriculum, consistent with recommended standards developed by CIT International; and
(e) identify and improve awareness of existing crisis response resources;
(5) recognize local crisis intervention teams and law enforcement officers trained in crisis intervention; and
(6) maintain records concerning:
(a) the overall operation of crisis intervention teams;
(b) problems crisis intervention teams encounter and proposed solutions, as identified by the advisory committee referenced in item (2);
(c) an evaluation of outcomes and best practices to achieve crisis intervention team goals, including:
(i) the reduction in the amount of time law enforcement officers spend out of service awaiting assessment and disposition of individuals in crisis;
(ii) reduction in injuries to law enforcement officers during crisis events;
(iii) reduction of the use of force when responding to individuals in crisis;
(iv) reduction in inappropriate arrests of individuals in crisis;
(v) reducing the need for mental health treatment in jails; and
(vi) other goals identified by the technical assistance center council;
(d) information regarding the number of crisis intervention- trained officers in each county;
(e) the addresses and directors of the crisis intervention teams and whether each crisis intervention team:
(i) is an established team meeting regularly to address local needs and host crisis intervention team training as needed;
(ii) is a developing team consisting of community stakeholders planning for future crisis intervention team training, but training has not yet taken place; or
(iii) is an inactive team, in which law enforcement officers were previously trained to be crisis intervention teams, but there are no future plans for crisis intervention team training; and
(f) an analysis of costs and cost savings associated with crisis intervention teams.
Section 23-52-40. There shall be at least one crisis intervention team created per county through the county sheriff's department."
SECTION 5. This act takes effect upon approval by the Governor.
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March 4, 2016 at 11:47 AM