A Model for Defunding: An Evidence-Based Statute for Behavioral Health Crisis Response

Abstract

NOTE: Model law is located in the Appendix.

Too many Black persons and other persons of color are dying at the hands of law enforcement, leading many to call for the defunding of police. These deaths were directly caused by excessive use of force by police officers, but were also driven by upstream and institutional factors that include structural racism, institutional bias, and a historic culture of racialized violence. Public outcry against racial inequities has increased as the authority of police departments has expanded to include not only the authority to respond to and investigate criminal activity, but also to respond to calls regarding behavioral health issues and houselessness. Defunding police raises questions about how budget cuts should affect the types of services provided by police departments and what new and improved responses may look like. While advocates may have identified model programs that they hope will be the answer to defunding the police, many community organizers lack the legal training necessary to fully develop these models into policy proposals that institutionalize their visions in ways that protect against law enforcement co-option and make their visions a reality. This article proposes a model law (the Model Behavioral Health Response Team Act) that can be tailored to meet the needs of local and state policymakers endeavoring to create a new institution to replace the police in responding to mental health, substance use, and housing crisis. The institution created by this model act is evidence-based, person-centered, and community-driven. It is informed by empirical evidence on crisis response, federal guidelines, and a case-study of political activity motivated by the use of police excess of force that resulted in the death of a Black man in Greensboro, N.C.

Keywords: defund, police, drugs, addiction, model law, crisis response, CAHOOTS, mental health