I would suggest amending HB267 to reflect the following proposed compromise solution: that a CSB Qualified Mental Health Profession (QMHP-A) be authorized to perform a TDO prescreening evaluation on site at the court service unit having jurisdiction upon the issuance by an LEO or mobile co-response team of a paperless ECO. The proposed amended code would direct the LEO officer or mobile crisis co-response team responding to a "psychiatric emergency" to transport an individual with a known history of SMI/ASD/I/DD to a suitable secure physical location for further evaluation. This would typically involve transport of the individual in custody to the local court service unit having jurisdiction physically located in close proximity to the magistrates office. At such secure location, the TDO prescreening evaluation and final decision to book or not book and to divert to the civil side would be made. Final booking status would be at the discretion of the LEO or co-response team retaining physical custody of such an individual facing criminal charges but with the benefit of the results of a completed TDO civil prescreening evaluation performed by a CSB QMHP-A in a controlled environment and with benefit of a brief criminogenic screening The decision to charge would be made in consideration of a variety of factors, including, but not limited to, the immediate assessed mental capacity and stability of the individual in question, the known history of mental disability of the individual, prior history of offending, the recommendation of the CSB pre-screener, and the recommendations from the regional CITAC having jurisdiction. The pre-screener, in addition to a standard TDO prescreening, would normally perform a brief criminogenic RNR risk assessment using a standard evidence-based instrument . The assessment would take into further account evidence based on the preliminary police report, and available court and mental health records,, . The CSB evaluator would convey the results of a written prescreening evaluation with recommendations to the magistrate for disposition. Those having input into the final disposition of the case with respect to diversion or booking would include the regional CITAC with input from co-response crisis teams, EMS, fire, dispatchers, existing medical providers in the community, and family or adult peers when available, at varying stages of police intervention, according to the Sequential Intercept Model (Munetz and Griffin) at Levels 0 and 1 with the option not to prefer, or, that is, to forego charges, and "drop off" at a licensed CRC unit or other specialized mental health "drop-off" point for medical clearance. Individuals meeting criteria for civil diversion would be transported to a licensed CRC/CSU or mental health specialized ED at a hospital like the Carillion Roanoke System or Merrifield Fairfax for further evaluation and psychiatric stabilization.

This is another great bill which I support! It is far too easy for Law Enforcement to charge the mentally handicapped, particularly the autistic and Downs Syndrome, who do not know how to act or react in this situation. The intellectually disabled all ready do not know their rights, do not understand that the police are not always their friends, do not know how to self advocate, and are at the mercy of police who are allowed by law to lie to people to gain convictions. Time and again police criminalize mental health emergencies in the name of officer safety, though they show up in overwhelming force and often enough shoot first, ask questions later. Remember the case of Elijah McClain, Aurora, Co, who told police he had a mental health crisis. They and the first responders instead delivered a lethal dose of ketamine that killed him.

HB267 The Arlington County Police Department strongly opposes this legislation. First, it sets a dangerous precedent, signaling that it is okay for law enforcement officers to be assaulted, but not others. Given the current state of the mental health system, police officers are dealing with individuals in mental health crises more often now than ever. If this legislation passes, officers may be forced into encounters that have disproportionately heavy consequences for the officer but no consequences for the offender. Second, arresting an offender who is suffering from a mental health crisis does not preclude them from obtaining mental health services. In Arlington County, the detention facility provides acute mental health services and works closely with the Department of Human Services to provide the necessary services he/she needs to reduce recidivism. Additionally, the court system is set up to assist individuals who cannot stand trial due to their mental state. Third, this legislation would allow individuals to assault the police with no criminal recourse. Additionally, it would allow others to abuse the system and falsely claim they were having a mental health crisis in order to commit the serious crime of assault on law enforcement.

As the parent of a non-verbal young man I know firsthand the terror that some bystander will misunderstand my son and call the police. It happened once in the grocery store, where my son, who chatters wordlessly to himself, was overheard by someone who misinterpreted his chatter as "I have a gun". They called management, fortunately, not the police, but I still have flashbacks of the awfulness that could have happened if the police had been called. My son cannot understand commands from a police officer. Please do not allow disabled people to be subject to criminal penalties for behavior over which they have no control/no understanding of the consequences.

Please Vote YES on HB267. Because of the high probability of law enforcement charging someone with a felony assault when they are in a mental health crisis especially if they are someone who is autistic or has other disabilities, families are terrified of calling for HELP. When you dial 911 you think someone is coming to help you with a crisis but rather the police respond. If there is a medical crisis, then medical personnel respond. If there is a behavior crisis, the police respond. Why? The crisis is still medical. Please stop putting vulnerable people in jail. The best way to do this is to have behavioral health professionals respond and not charge the individual with felony assault. Sheriffs who see these people in jails know they do not belong there. The statute gives law enforcement extraordinary power to punish those who insult or defy them. Stop victimizing vulnerable people by charging them with a crime when they are in crisis. This is NOT an attempt to be "soft on crime" and that argument is a red herring for a situation everyone admits is unjust and unfair. Please vote yes on HB267.

Hb267 Vote yes. People do not have full control over themselves during mental health emergencies. Coming out of it to legal consequences is setting them up for failure

YES amend/add to the code these exceptions/definitions

YES this is a great addition to the code 18.2-57 on A&B. From social worker

YES from a social worker who advocated for the MARCUS alert. it is life changing to add this exception to VA code and add these definitions.

We support HB267 beccause it is important to help prevent individuals in a mental health crisis from getting a felony record and mandatory jail time for something they have no control over. It could also help prevent individuals in crisis from entering the criminal justice system and experience additional damage, for behavior that often does not result in bodily harm, when instead they should be taken for treatment to a mental health facility. There are protections in place for law enforcement officers, who if actually injured can still place other charges.