Andrew Ringle, Capital News Service
A House bill that would establish statewide protocols for how law enforcement responds to a mental health crisis has passed both chambers but lawmakers will still have to hash out details between two bills if the Senate version passes.
Senate Bill 5038, sponsored by Sen. Jeremy McPike, D-Woodbridge, also would establish a mental health alert system and is up for a final vote in the House on Friday. McPike said both proposals will return to their respective chambers and then head to conference, where legislators will figure out which language will work between both bills.
“I’m confident we’ll compromise and figure out the appropriate language between both the House and the Senate versions,” McPike said. “We just have to go line by line and figure out the strengths of each bill, and that ultimately makes better legislation.”
The Senate approved House Bill 5043, sponsored by Del. Jeff Bourne, D-Richmond, by a vote of 24-15 on Thursday. The House gave the legislation the green light in September with a vote of 57-39.
Dubbed the mental health awareness response and community understanding services, or Marcus alert system, the House bill honors the life of Marcus-David Peters, who was shot and killed in 2018 during an encounter with Richmond police. Peters, a 24-year-old Virginia Commonwealth University alumnus and high school biology teacher, was naked and unarmed during the shooting. After running into traffic on the interstate, Peters charged at an officer who deployed a Taser and then fired his gun. Peters’ family said he was experiencing a mental health crisis.
Bourne’s bill requires law enforcement to consider mitigating “impact to care” by having officers not wearing their uniforms and using unmarked vehicles, when possible.
Dana Schrad, executive director of the Virginia Association of Chiefs of Police, did not directly comment on Bourne’s bill, but she said mental health calls are “volatile and dangerous” and that co-response teams require extensive training for officers and mental health workers.
“Additionally, there needs to be sufficient funding to make both trained officers and mental health workers who serve on co-response teams available at any time of day,” Schrad said in a message.
Schrad said the organization supports efforts to create co-responder teams for mental health calls. She said the commonwealth must address the “overwhelming need” to improve mental health and preventative services locally.
“However, we cannot support efforts that would disarm law enforcement officers and take them out of uniform on mental health calls,” Schrad said.
Bourne’s bill would require Virginia Behavioral Health and Developmental Services, in collaboration with Criminal Justice Services, to create two plans by July 1, 2021. One creates a written plan for the development of a Marcus alert system, and another sets guidelines for law enforcement. By the same date, localities must also create a database identifying individuals with mental or behavioral health illness, developmental or intellectual disability or brain injury. Such individuals or a legal guardian may voluntarily provide the individual’s address and relevant health information to the database, which would be accessible to 911 and the Marcus alert system.
The bill would require Virginia Behavioral Health and Developmental Services and Criminal Justice Services to establish guidelines and training programs for crisis teams, call center employees, clinical staff and Marcus alert system users by Dec. 1, 2021.
Every locality must have a Marcus alert system with care teams by July 1, 2022, according to the bill.
Mental Health America of Virginia Executive Director Bruce Cruser, who called the bill “a significant step forward” during a House committee meeting on Aug. 25, said the proposal may need further review in order to promote coordinated responses across localities.
“We’re just anxious to see how we can work out language that is coordinated,” Cruser said.
Opinions vary among mental health personnel regarding potential safety risks posed by crisis situations, Cruser said.
“If a mental health professional is being put in harm’s way, I mean obviously that’s a concern,” he said. “But I think how the system is structured is really the key.”
Cruser said there’s uncertainty in the mental health field regarding how the system would work in different areas across Virginia and whether personnel would be equipped to respond to crises.
“Some are well trained in de-escalation, and some are not,” Cruser said. “That’s really one of the challenges here, is to work with local community service boards and localities to determine the best way to intervene that brings about the desired result, which is less injury to anyone and better outcomes.”
Cruser said Mental Health America of Virginia supports the goals of Bourne’s legislation, but that a larger effort is needed to prevent crisis situations from happening in the first place.
“If there’s a call for service and it’s a mental health call, well then the response should be mental health-focused,” Cruser said. “The law enforcement response should be reserved for what law enforcement are trained to deal with best. The challenge is how you determine the nature of the call in the first place.”