Virginia Senate Bill 5038 (Prior Session Legislation)

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Completed Legislative Action
Spectrum: Partisan Bill (Democrat 5-0)
Status: Passed on November 5 2020 - 100% progression
Action: 2020-11-05 - Governor: Acts of Assembly Chapter text (CHAP0042)
Text: Latest bill text (Chaptered) [HTML]

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.

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

Sen. Jeremy McPike [D]	Sen. Jennifer Boysko [D]	Sen. Jennifer McClellan [D]	Sen. Ghazala Hashmi [D]
Sen. Scott Surovell [D]

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]

Date	Chamber	Action
2020-11-05		Governor: Acts of Assembly Chapter text (CHAP0042)
2020-11-05		Governor: Approved by Governor-Chapter 42 (effective 3/1/21)
2020-10-30		Governor: Governor's Action Deadline 11:59 p.m., November 6, 2020
2020-10-30	Senate	Enrolled Bill Communicated to Governor on October 30, 2020
2020-10-30	Senate	Signed by President
2020-10-28	House	Signed by Speaker
2020-10-28	Senate	Bill text as passed Senate and House (SB5038ER)
2020-10-28	Senate	Enrolled
2020-10-16	Senate	Conference report agreed to by Senate (25-Y 13-N)
2020-10-14	Senate	Passed by for the day
2020-10-14	House	VOTE: Agreed To (59-Y 37-N)
2020-10-14	House	Conference report agreed to by House (59-Y 37-N)
2020-10-14	Senate	Conference substitute printed 20201332D-S3
2020-10-14		Conference: Amended by conference committee
2020-10-07	House	Delegates: Bourne, Hope, Kilgore
2020-10-07	House	Conferees appointed by House
2020-10-07	Senate	Senators: McPike, McClellan, Stuart
2020-10-07	Senate	Conferees appointed by Senate
2020-10-07	Senate	Senate acceded to request (22-Y 14-N)
2020-10-07	House	House requested conference committee
2020-10-07	House	House insisted on substitute
2020-10-07	Senate	House substitute rejected by Senate (0-Y 35-N)
2020-10-02	House	VOTE: Passage (57-Y 40-N)
2020-10-02	House	Passed House with substitute (57-Y 40-N)
2020-10-02	House	Engrossed by House - committee substitute SB5038H1
2020-10-02	House	Committee substitute agreed to 20201229D-H1
2020-10-02	House	Read third time
2020-09-29	House	Read second time
2020-09-25	House	Reported from Appropriations (13-Y 8-N)
2020-09-21	House	Referred to Committee on Appropriations
2020-09-21	House	Committee substitute printed 20201229D-H1
2020-09-21	House	Reported from Public Safety with substitute (14-Y 8-N)
2020-09-17	House	Referred to Committee on Public Safety
2020-09-17	House	Read first time
2020-09-17	House	Placed on Calendar
2020-09-16	Senate	Passed Senate (25-Y 12-N)
2020-09-16	Senate	Reconsideration of passage agreed to by Senate (37-Y 0-N)
2020-09-16	Senate	Read third time and passed Senate (21-Y 15-N)
2020-09-15	Senate	Engrossed by Senate - committee substitute SB5038S2
2020-09-15	Senate	Committee substitute agreed to 20201007D-S2
2020-09-15	Senate	Reading of substitute waived
2020-09-15	Senate	Committee substitute rejected 20200914D-S1
2020-09-15	Senate	Reading of substitute waived
2020-09-15	Senate	Read second time
2020-09-10	Senate	Constitutional reading dispensed (40-Y 0-N)
2020-09-09	Senate	Committee substitute printed 20201007D-S2
2020-09-09	Senate	Reported from Finance and Appropriations with substitute (10-Y 4-N)
2020-08-20	Senate	Rereferred to Finance and Appropriations
2020-08-20	Senate	Incorporates SB5084 (McClellan)
2020-08-20	Senate	Committee substitute printed 20200914D-S1
2020-08-20	Senate	Reported from Judiciary with substitute (12-Y 0-N 2-A)
2020-08-14	Senate	Referred to Committee on the Judiciary
2020-08-14	Senate	Prefiled and ordered printed; offered 08/18/20 20200617D

HB5043 (Same As) 2020-11-05 - Governor: Acts of Assembly Chapter text (CHAP0041)

Chapter	Article	Section	Citation Type	Statute Text
9	1	102	(n/a)	See Bill Text
9	1	187.1	(n/a)	See Bill Text
9	1	188.1	(n/a)	See Bill Text
9	1	189.1	(n/a)	See Bill Text

Type	Source
Summary	https://lis.virginia.gov/cgi-bin/legp604.exe?202+sum+SB5038
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5038+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5038S1+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5038S2+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5038H1+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5038S3+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+SB5038ER+hil
Text	https://lis.virginia.gov/cgi-bin/legp604.exe?202+ful+CHAP0042+hil
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+S03V0025+SB5038
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+S05V0029+SB5038
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0108SB5038+SB5038
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0123SB5038+SB5038
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0125SB5038+SB5038
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0126SB5038+SB5038
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+H15V0020+SB5038
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+H02V0034+SB5038
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+HV0104+SB5038
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0249SB5038+SB5038
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+SV0265SB5038+SB5038
Roll Call	https://lis.virginia.gov/cgi-bin/legp604.exe?202+vot+HV0194+SB5038