VA SB5038 | 2020 | 1st Special Session

Status

Spectrum: Partisan Bill (Democrat 5-0)
Status: Enrolled on October 28 2020 - 75% progression
Action: 2020-10-30 - Governor: Governor's Action Deadline 11:59 p.m., November 6, 2020
Text: Latest bill text (Enrolled) [HTML]

Summary

Mental health awareness response and community understanding services (Marcus) alert system. Provides that the Department of Criminal Justice Services (DCJS) and the Department of Behavioral Health and Developmental Services (DBHDS) shall develop and establish a mental health awareness response and community understanding services (Marcus) alert system throughout the Commonwealth. The bill directs DBHDS, in collaboration with DCJS, law enforcement, and other stakeholders, to submit a plan for the establishment of a Marcus alert system no later than July 1, 2021. The bill directs DCJS to develop a plan by July 1, 2021 outlining (i) DCJS's and law-enforcement agencies' roles and engagement with the development of the Marcus alert system; (ii) DCJS's role in the development of minimum standards, best practices, and the review and approval of the protocols for law-enforcement participation in the Marcus alert system; and (iii) plans for measuring progress toward the goals for law-enforcement participation in the Marcus alert system. Mental health awareness response and community understanding services (Marcus) alert system. Provides that the Department of Criminal Justice Services (DCJS) and the Department of Behavioral Health and Developmental Services (DBHDS) shall develop and establish a mental health awareness response and community understanding services (Marcus) alert system throughout the Commonwealth. The bill directs DBHDS, in collaboration with DCJS, law enforcement, and other stakeholders, to submit a plan for the establishment of a Marcus alert system no later than July 1, 2021. The bill directs DCJS to develop a plan by July 1, 2021 outlining (i) DCJS's and law-enforcement agencies' roles and engagement with the development of the Marcus alert system; (ii) DCJS's role in the development of minimum standards, best practices, and the review and approval of the protocols for law-enforcement participation in the Marcus alert system; and (iii) plans for measuring progress toward the goals for law-enforcement participation in the Marcus alert system. The bill provides that DBHDS and DCJS shall collaborate to ensure that DBHDS maintains purview over best practices to promote a behavioral health response through the use of a mobile crisis response to behavioral health crises whenever possible, or law-enforcement backup of a mobile crisis response when necessary, and that DCJS maintains purview over requirements associated with decreased use of force and body-worn camera system policies and enforcement of such policies in the protocols established pursuant to the bill. The bill provides that, by December 1, 2021, DBHDS shall establish five Marcus alert programs and community care or mobile crisis teams, one located in each of the five DBHDS regions. By July 1, 2023, DBHDS shall establish five additional Marcus alert system programs and community care or mobile crisis teams in such regions. Community services boards or behavioral health authorities that serve the largest populations in each region, unless previously selected, shall be selected for the five additional programs. Additional systems and teams are to be established in subsequent years and, by July 1, 2026, all community services board or behavioral health authority geographical areas shall have established a Marcus alert system that uses community care or mobile crisis teams. The bill provides that, by July 1, 2021, every locality shall establish a voluntary database to be made available to the 9-1-1 alert system and the Marcus alert system to provide mental health information and emergency contact information for response to an emergency or crisis. By July 1, 2022, every locality shall have established local protocols that meet requirements developed by DBHDS for (a) diversion of certain 9-1-1 calls to crisis call centers and (b) the participation of law enforcement in the Marcus alert system. Also by July 1, 2022, every locality shall have established protocols for law-enforcement participation in the Marcus alert system. A "community care team" is defined in the bill as a team of mental health service providers, and may include registered peer recovery specialists and law-enforcement officers as a team, with the mental health service providers leading such team, to help stabilize individuals in crisis situations. A "comprehensive crisis system" is defined in the bill as a continuum of care established by DBHDS and DCJS and includes a crisis call center, community care and mobile crisis teams, crisis stabilization centers, and the Marcus alert system. A "mental health awareness response and community understanding services (Marcus) alert system" or "Marcus alert system" is defined in the bill as a set of protocols to (1) initiate a behavioral health response to a behavioral health crisis, including for individuals experiencing a behavioral health crisis secondary to mental illness, substance abuse, developmental disabilities, or any combination thereof; (2) divert such individuals to the behavioral health or developmental services system whenever feasible; and (3) facilitate a specialized response by law enforcement when diversion is not feasible. A "mobile crisis team" is defined in the bill as a team of one or more qualified or licensed mental health professionals and may include a registered peer recovery specialist or a family support partner.

Tracking Information

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Title

Mental health crises; DCJS to assist DBHDS, etc., with development of Marcus alert system.

Sponsors


Roll Calls

2020-10-14 - House - House: VOTE: Agreed To (59-Y 37-N) (Y: 59 N: 37 NV: 3 Abs: 0) [PASS]
2020-10-07 - Senate - Senate: Senate acceded to request (22-Y 14-N) (Y: 22 N: 14 NV: 4 Abs: 0) [PASS]
2020-10-07 - Senate - Senate: House substitute rejected by Senate (0-Y 35-N) (Y: 0 N: 35 NV: 5 Abs: 0) [FAIL]
2020-10-02 - House - House: VOTE: Passage (57-Y 40-N) (Y: 57 N: 40 NV: 2 Abs: 0) [PASS]
2020-09-25 - House - House: Reported from Appropriations (13-Y 8-N) (Y: 13 N: 8 NV: 0 Abs: 1) [PASS]
2020-09-21 - House - House: Reported from Public Safety with substitute (14-Y 8-N) (Y: 14 N: 8 NV: 0 Abs: 0) [PASS]
2020-09-16 - Senate - Senate: Passed Senate (25-Y 12-N) (Y: 25 N: 12 NV: 3 Abs: 0) [PASS]
2020-09-16 - Senate - Senate: Reconsideration of passage agreed to by Senate (37-Y 0-N) (Y: 37 N: 0 NV: 3 Abs: 0) [PASS]
2020-09-16 - Senate - Senate: Read third time and passed Senate (21-Y 15-N) (Y: 21 N: 15 NV: 4 Abs: 0) [PASS]
2020-09-10 - Senate - Senate: Constitutional reading dispensed (40-Y 0-N) (Y: 40 N: 0 NV: 0 Abs: 0) [PASS]
2020-09-09 - Senate - Senate: Reported from Finance and Appropriations with substitute (10-Y 4-N) (Y: 10 N: 4 NV: 0 Abs: 0) [PASS]
2020-08-20 - Senate - Senate: Reported from Judiciary with substitute (12-Y 0-N 2-A) (Y: 12 N: 0 NV: 0 Abs: 2) [PASS]

History

DateChamberAction
2020-10-30 Governor: Governor's Action Deadline 11:59 p.m., November 6, 2020
2020-10-30SenateEnrolled Bill Communicated to Governor on October 30, 2020
2020-10-30SenateSigned by President
2020-10-28HouseSigned by Speaker
2020-10-28SenateBill text as passed Senate and House (SB5038ER)
2020-10-28SenateEnrolled
2020-10-16SenateConference report agreed to by Senate (25-Y 13-N)
2020-10-14SenatePassed by for the day
2020-10-14HouseVOTE: Agreed To (59-Y 37-N)
2020-10-14HouseConference report agreed to by House (59-Y 37-N)
2020-10-14SenateConference substitute printed 20201332D-S3
2020-10-14 Conference: Amended by conference committee
2020-10-07HouseDelegates: Bourne, Hope, Kilgore
2020-10-07HouseConferees appointed by House
2020-10-07SenateSenators: McPike, McClellan, Stuart
2020-10-07SenateConferees appointed by Senate
2020-10-07SenateSenate acceded to request (22-Y 14-N)
2020-10-07HouseHouse requested conference committee
2020-10-07HouseHouse insisted on substitute
2020-10-07SenateHouse substitute rejected by Senate (0-Y 35-N)
2020-10-02HouseVOTE: Passage (57-Y 40-N)
2020-10-02HousePassed House with substitute (57-Y 40-N)
2020-10-02HouseEngrossed by House - committee substitute SB5038H1
2020-10-02HouseCommittee substitute agreed to 20201229D-H1
2020-10-02HouseRead third time
2020-09-29HouseRead second time
2020-09-25HouseReported from Appropriations (13-Y 8-N)
2020-09-21HouseReferred to Committee on Appropriations
2020-09-21HouseCommittee substitute printed 20201229D-H1
2020-09-21HouseReported from Public Safety with substitute (14-Y 8-N)
2020-09-17HouseReferred to Committee on Public Safety
2020-09-17HouseRead first time
2020-09-17HousePlaced on Calendar
2020-09-16SenatePassed Senate (25-Y 12-N)
2020-09-16SenateReconsideration of passage agreed to by Senate (37-Y 0-N)
2020-09-16SenateRead third time and passed Senate (21-Y 15-N)
2020-09-15SenateEngrossed by Senate - committee substitute SB5038S2
2020-09-15SenateCommittee substitute agreed to 20201007D-S2
2020-09-15SenateReading of substitute waived
2020-09-15SenateCommittee substitute rejected 20200914D-S1
2020-09-15SenateReading of substitute waived
2020-09-15SenateRead second time
2020-09-10SenateConstitutional reading dispensed (40-Y 0-N)
2020-09-09SenateCommittee substitute printed 20201007D-S2
2020-09-09SenateReported from Finance and Appropriations with substitute (10-Y 4-N)
2020-08-20SenateRereferred to Finance and Appropriations
2020-08-20SenateIncorporates SB5084 (McClellan)
2020-08-20SenateCommittee substitute printed 20200914D-S1
2020-08-20SenateReported from Judiciary with substitute (12-Y 0-N 2-A)
2020-08-14SenateReferred to Committee on the Judiciary
2020-08-14SenatePrefiled and ordered printed; offered 08/18/20 20200617D

Same As/Similar To

HB5043 (Same As) 2020-10-30 - Governor: Governor's Action Deadline 11:59 p.m., November 6, 2020

Code Citations

ChapterArticleSectionCitation TypeStatute Text
91102(n/a)See Bill Text
91187.1(n/a)See Bill Text
91188.1(n/a)See Bill Text
91189.1(n/a)See Bill Text

Virginia State Sources

TypeSource
Summaryhttps://lis.virginia.gov/cgi-bin/legp604.exe?202+sum+SB5038&202+sum+SB5038
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5038+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5038S1+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5038S2+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5038H1+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5038S3+hil
Texthttp://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5038ER+hil
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+S03V0025+SB5038
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+S05V0029+SB5038
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0108SB5038+SB5038
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0123SB5038+SB5038
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0125SB5038+SB5038
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0126SB5038+SB5038
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+H15V0020+SB5038
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+H02V0034+SB5038
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+HV0104+SB5038
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0249SB5038+SB5038
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0265SB5038+SB5038
Roll Callhttp://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+HV0194+SB5038

Bill Comments

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