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2023 SESSION

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SB 910 Higher educational institutions, public; threat assessment teams, powers and duties.

Introduced by: Stephen D. Newman | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Public institutions of higher education; threat assessment teams; powers and duties. Makes several changes to the powers and duties of the threat assessment team at each public institution of higher education, including requiring, upon a preliminary determination that an individual poses an articulable and significant threat of violence to others, each such team to (i) obtain any available criminal history record information and health records for such individual; (ii) notify in writing within 24 hours upon making such preliminary determination (a) the campus police department; (b) local law enforcement for the city or county in which the public institution of higher education is located, local law enforcement for the city or county in which the individual resides, and, if known to the threat assessment team, local law enforcement for the city or county in which the individual is located; and (c) the local attorney for the Commonwealth in any jurisdiction where the threat assessment team has notified local law enforcement; and (iii) disclose any specific threat of violence posed by the individual as part of such notification, and permitting each such team to invite nonmember representatives from campus to participate in individual cases. This bill is identical to HB 1916.

SUMMARY AS PASSED SENATE:

Public institutions of higher education; threat assessment teams; powers and duties. Requires each threat assessment team at each public institution of higher education, upon a preliminary determination that an individual poses an articulable  and significant threat of violence to others, to (i) obtain any available criminal history record information and any available health records for such individual; (ii) notify in writing within 24 hours upon making such preliminary determination (a) the campus police department; (b) local law enforcement for the city or county in which such institution is located, the city or county in which the individual resides, and, if known to the threat assessment team, local law enforcement for the city or county in which the individual is located; and (c) the local attorney for the Commonwealth in any jurisdiction where the threat assessment team has notified law enforcement; and (iii) disclose any specific threat of violence posed by the individual as part of such notification. The bill directs the custodians of any such criminal history record information or health records to produce such information or records upon request from a threat assessment team. The bill permits each such threat assessment team to invite non-member representatives from campus to participate in individual cases and specifies that no such representative shall be considered a member of the threat assessment team. The bill requires each threat assessment team member to complete a minimum of eight hours of initial training within 12 months of appointment to the threat assessment team and to complete a minimum of two hours of training each academic year thereafter. The bill provides that such threat assessment training will be conducted by the Department of Criminal Justice Services or an independent entity approved by the Department. The bill also provides that, consistent with applicable state and federal law, in the event that a public institution of higher education has knowledge that a student who was determined pursuant to an investigation by the institution's threat assessment team to pose an articulable and significant threat of violence to others is transferring to another institution of higher education, the public institution of higher education from which the student is transferring shall notify the institution of higher education to which the student is transferring of such investigation and determination. Finally, the bill requires the Secretary of Education and Secretary of Public Safety and Homeland Security to convene a task force to determine best practices and develop model policies and procedures for all threat assessment teams at public institutions of higher education and consider and make legislative recommendations on the appropriate qualifications of members of such threat assessment. The task force is required to submit its findings to the Governor and Chairmen of the House Committee for Courts of Justice, the Senate Committee on the Judiciary, the House Committee on Education, and the Senate Committee on Education and Health no later than December 1, 2023.

SUMMARY AS INTRODUCED:

Public institutions of higher education; threat assessment teams; powers and duties. Requires each threat assessment team at each public institution of higher education, upon a preliminary determination that an individual poses an articulable  and significant threat of violence to others, to (i) obtain criminal history record information and health records for such individual; (ii) notify the campus police department, local law enforcement, and the local attorney for the Commonwealth in writing within 24 hours of obtaining such criminal history record information and health records; and (iii) disclose any specific threat of violence posed by the individual as part of such notification. The bill permits each such threat assessment team to invite non-member representatives from campus to participate in individual cases and specifies that no such representative shall be considered a member of the threat assessment team. The bill requires each threat assessment team member to complete an annual threat assessment training conducted by the Department of Criminal Justice Services or an independent entity approved by the Department. The bill also provides that in the event that a public institution of higher education has knowledge that a student who was determined pursuant to an investigation by the institution's threat assessment team to pose an articulable and significant threat of violence to others is transferring to another institution of higher education, the public institution of higher education from which the student is transferring shall notify the institution of higher education to which the student is transferring of such investigation and determination. Finally, the bill requires the Secretary of Education and Secretary of Public Safety and Homeland Security to convene a task force to determine best practices and develop model policies and procedures for all threat assessment teams at public institutions of higher education and consider and make legislative recommendations on the appropriate qualifications of members of such threat assessment. The task force is required to submit its findings to the Governor and Chairmen of the House Committee for Courts of Justice, the Senate Committee on the Judiciary, the House Committee on Education, and the Senate Committee on Education and Health no later than December 1, 2023.