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2020 SPECIAL SESSION I
HB 5043 Mental health crises; DCJS to assist DBHDS, etc., with development of Marcus alert system.
Introduced by: Jeffrey M. Bourne | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
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. This bill is identical to SB 5038.
FULL TEXT
- 08/17/20 House: Prefiled and ordered printed; offered 08/18/20 20200715D pdf | impact statement
- 08/25/20 House: Committee substitute printed 20201023D-H1 pdf | impact statement
- 09/04/20 House: Committee substitute printed 20201114D-H2 pdf | impact statement
- 09/16/20 Senate: Committee substitute printed 20201198D-S1 pdf | impact statement
- 10/14/20 House: Conference substitute printed 20201343D-H3 pdf | impact statement
- 10/28/20 House: Bill text as passed House and Senate (HB5043ER) pdf | impact statement
- 11/05/20 Governor: Acts of Assembly Chapter text (CHAP0041) pdf
AMENDMENTS
HISTORY
- 08/17/20 House: Prefiled and ordered printed; offered 08/18/20 20200715D
- 08/17/20 House: Referred to Committee on Public Safety
- 08/25/20 House: Reported from Public Safety with substitute (13-Y 9-N)
- 08/25/20 House: Committee substitute printed 20201023D-H1
- 08/25/20 House: Referred to Committee on Appropriations
- 09/04/20 House: Reported from Appropriations with substitute (21-Y 1-N)
- 09/04/20 House: Committee substitute printed 20201114D-H2
- 09/08/20 House: Read first time
- 09/09/20 House: Read second time
- 09/09/20 House: Public Safety Committee substitute rejected 20201023D-H1
- 09/09/20 House: Appropriations Committee substitute agreed to 20201114D-H2
- 09/09/20 House: Engrossed by House - committee substitute HB5043H2
- 09/10/20 House: Passed by until after Resolutions Regular Calendar
- 09/10/20 House: Read third time and passed House (57-Y 39-N)
- 09/10/20 House: VOTE: Passage (57-Y 39-N)
- 09/15/20 Senate: Constitutional reading dispensed
- 09/15/20 Senate: Referred to Committee on the Judiciary
- 09/16/20 Senate: Reported from Judiciary with substitute (8-Y 3-N)
- 09/16/20 Senate: Committee substitute printed 20201198D-S1
- 09/16/20 Senate: Rereferred to Finance and Appropriations
- 09/24/20 Senate: Reported from Finance and Appropriations (12-Y 3-N)
- 09/25/20 Senate: Constitutional reading dispensed (36-Y 0-N)
- 10/01/20 Senate: Passed by temporarily
- 10/01/20 Senate: Read third time
- 10/01/20 Senate: Reading of substitute waived
- 10/01/20 Senate: Committee substitute agreed to
- 10/01/20 Senate: Engrossed by Senate - committee substitute HB5043S1
- 10/01/20 Senate: Passed Senate with substitute (24-Y 15-N)
- 10/02/20 House: Placed on Calendar
- 10/02/20 House: Senate substitute rejected by House (0-Y 95-N)
- 10/02/20 House: VOTE: Adoption (0-Y 95-N)
- 10/07/20 Senate: Senate insisted on substitute (24-Y 12-N)
- 10/07/20 Senate: Senate requested conference committee
- 10/07/20 House: House acceded to request
- 10/07/20 House: Conferees appointed by House
- 10/07/20 House: Delegates: Bourne, Hope, Kilgore
- 10/07/20 Senate: Conferees appointed by Senate
- 10/07/20 Senate: Senators: McPike, McClellan, Stuart
- 10/14/20 Conference: Amended by conference committee
- 10/14/20 House: Conference substitute printed 20201343D-H3
- 10/14/20 House: Passed by temporarily
- 10/14/20 House: Conference report agreed to by House (59-Y 38-N)
- 10/14/20 House: VOTE: Agreed To (59-Y 38-N)
- 10/14/20 Senate: Passed by for the day motion rejected (18-Y 20-N 1-A)
- 10/14/20 Senate: Motion to reconsider passed by for the day agreed to (39-Y 1-N)
- 10/14/20 Senate: Passed by for the day
- 10/16/20 Senate: Conference report agreed to by Senate (26-Y 12-N)
- 10/28/20 House: Enrolled
- 10/28/20 House: Bill text as passed House and Senate (HB5043ER)
- 10/28/20 House: Signed by Speaker
- 10/30/20 Senate: Signed by President
- 10/30/20 House: Enrolled Bill communicated to Governor on October 30, 2020
- 10/30/20 Governor: Governor's Action Deadline 11:59 p.m., November 6, 2020
- 11/05/20 Governor: Approved by Governor-Chapter 41 (effective 3/1/21)
- 11/05/20 Governor: Acts of Assembly Chapter text (CHAP0041)