On behalf of the R Street Institute, I would like to share with you the attached testimony in support of SB 924. This important measure is a vital opioid harm reduction proposal, and is the Senate version of HB 2319 from Delegate Sickles that was passed unanimously in the House recently.

From my personal experience as a single parent unable to pay for the skilled professionals my daughter with Autism needed when she was suffering from ongoing mental health crisis that does not magically go away. This is a "common sense" bill. This bill would provide immeasurable support for parents who have no resources or support to manage a crisis with their adult child who is threatening to harm themselves and family members as a direct result from their Autism diagnosis mental health crisis. Families with a loved one in a mental health crisis or who have a disability that presents with complex behaviors such as fight or flight/ OCD/ anxiety/ or tics, are terrified of calling the police because of the charges that could result against their loved one. Also, they are terrified of speaking out and calling attention to their situation.

We are in strong support of this much needed legislation that has already been passed previously. As the parent of a 19 year old daughter with profound autism, interactions with civil servants such as law enforcement can be intimidating and for someone like her, she can misunderstand the situation which could possibly lead to an unwarranted escalation. This bill would help protect vulnerable people like her in such situations. Please consider passing this bill, thank you.

Please vote YES for SB1013. There are many in our communities, such as my son, who have developmental disabilities and intellectual disabilities, and those like my mother who has developed dementia. These people sometimes have physical behaviors because of sensory sensitivities, confusion, and/or feelings of being overwhelmed. They do not have malicious intent. They are in need of de-escalation and support. Voting YES for SB1013 will balance the need for accountability while also taking into consideration the individual's mental status. Please vote YES on SB1013

This bill is important to me because I have a child with an Autism Spectrum Disorder (ASD). I also have a loved one with dementia. SB1013 recognizes the challenges faced by individuals with conditions such as autism, dementia, or intellectual disabilities in managing their actions under stress or confusion.

Please vote YES for SB1013. Neurocognitive and developmental disorders often render individuals more susceptible to misunderstandings, escalations, or reactions during confrontations and when they are in a crisis. Rather than punishing individuals when their actions can't be controlled, let's keep them out of the criminal justice system and allow the judge to consider that their actions were caused by their disability and not intended to harm. Please open this small door for an individual in crisis and recognize through an affirmative defense the reduced culpability associated with these neurodevelopmental conditions. Please vote YES for SB1013

Thank you for doing this. One should not be in prison for being autistic.

As one who spends most of her time in JDR Court dealing with family matters which often involve neurodivergent people and others with mental health problems, this bill is a critical component in assuring that families receive the protection and support they need without being worried that bringing a situation to the attention of public safety services will result in a loved one's incarceration.

Providing for an affirmative defense in these specific crisis situations is an important step we can take towards a better system. The person in crisis could still be arrested, but the defense could stipulate the facts while presenting evidence that the behavior was caused by the individual’s illness, disorder, or disability. Courts can hear vital information about the defendant’s mental state and be able to find them not guilty. The defendant may spend less time in jail for essentially displaying symptoms of a serious mental illness.

Please support bill SB1013 to protect vulnerable people with intellectual and developmental disabilities when they are in crisis from a felony conviction for scratching a police officer. When individuals with disabilities are in crisis, they need to be helped by officers trained in de-escalation tactics specifically tailored to adults with disabilities who live in the community. However, many police officers today still do not have this expertise or intensive training and it becomes all to easy for situations to escalate unnecessarily and charges to be brought upon individuals, sending too many adults with disabilities unnecessarily into the courts system where they cannot be effectively served nor safely treated. Please support the passing of SB1013 to save unnecessary court expenses as well as the lives of these adults with disabilities. Conditions such as autism, intellectual disablities and dementia can result in involuntary or reflexive behaviors when individuals are faced with unfamiliar situations. Individuals may lash out physically due to sensory overload or confusion. Individuals with neurodevelopmental or neurocognitive disorders do not intend to harm responding officers. However, when they are in crises or panicked, their innate human "fight or flight" response can be activated and may push them to lash out in self-protection. These individuals will not be effectively helped if they are put into the criminal justice system for the crisis they can't control. SB1013 recognizes the challenges faced by individuals with conditions such as autism, dementia, or intellectual disabilities in managing their actions under stress or confusion. Families with loved ones in a mental health crisis and who have a disability with complex behaviors such as autism, OCD, Tourette's or other disabilities, are terrified of calling the police to help them because of charges that could result against their loved one. Yet these families in crisis need assistance. Many adults with disabilities are living with aging parents due to lack of available and appropriate supportive housing and group homes in the Commonwealth of Virginia. As these parents age, senior citizens are less able to physically and mentally handle such crisis situations so they need to understanding care of well-trained responders to assist them in such crisis situations. However the risk of incurring felony charges against their adult children with disabilities for a perceived assault of a police office makes many families delay calling for help until the very last minute, thereby increasing the risk of injury to themselves as individuals become more agitated. Any injury to the parents increases the chances that these parents are no longer able to continue to support these individuals at home and then where do these disabled adult children go? Approving SB1013 will not only improve public safety, it will divert these vulnerable people with disabilities from our criminal justice system where they do not belong and can reduce government expenditures on unnecessary legal proceedings and incarceration. This is a "win" for all Virginians!

Please support bill SB1013 to protect vulnerable people with intellectual and developmental disabilities when they are in crisis from a felony conviction for scratching a police officer. When individuals with disabilities are in crisis, they need to be helped by officers trained in de-escalation tactics specifically tailored to adults with disabilities who live in the community. However, many police officers today still do not have this expertise or intensive training and it becomes all to easy for situations to escalate unnecessarily and charges to be brought upon individuals, sending too many adults with disabilities unnecessarily into the courts system where they cannot be effectively served nor safely treated. Please support the passing of SB1013 to save unnecessary court expenses as well as the lives of these adults with disabilities. Conditions such as autism, intellectual disablities and dementia can result in involuntary or reflexive behaviors when individuals are faced with unfamiliar situations. Individuals may lash out physically due to sensory overload or confusion. Individuals with neurodevelopmental or neurocognitive disorders do not intend to harm responding officers. However, when they are in crises or panicked, their innate human "fight or flight" response can be activated and may push them to lash out in self-protection. These individuals will not be effectively helped if they are put into the criminal justice system for the crisis they can't control. SB1013 recognizes the challenges faced by individuals with conditions such as autism, dementia, or intellectual disabilities in managing their actions under stress or confusion. Families with loved ones in a mental health crisis and who have a disability with complex behaviors such as autism, OCD, Tourette's or other disabilities, are terrified of calling the police to help them because of charges that could result against their loved one. Yet these families in crisis need assistance. Many adults with disabilities are living with aging parents due to lack of available and appropriate supportive housing and group homes in the Commonwealth of Virginia. As these parents age, senior citizens are less able to physically and mentally handle such crisis situations so they need to understanding care of well-trained responders to assist them in such crisis situations. However the risk of incurring felony charges against their adult children with disabilities for a perceived assault of a police office makes many families delay calling for help until the very last minute, thereby increasing the risk of injury to themselves as individuals become more agitated. Any injury to the parents increases the chances that these parents are no longer able to continue to support these individuals at home and then where do these disabled adult children go? Approving SB1013 will not only improve public safety, it will divert these vulnerable people with disabilities from our criminal justice system where they do not belong and can reduce government expenditures on unnecessary legal proceedings and incarceration. This is a "win" for all Virginians!

The risk of incurring a charge of assault is great for families that may need to call first responders in the event of a crisis and that risk makes them delay calling for help. By amending the statute you can improve public safety by creating a small opportunity to divert vulnerable people from our criminal justice system who do not belong there. Families with a loved one in a mental health crisis or who have a disability that presents with complex behaviors such as fight or flight/ OCD/ anxiety/ or tics, are terrified of calling the police because of the charges that could result against their loved one. Also, they are terrified of speaking out and calling attention to their situation. SB1013 recognizes the challenges faced by individuals with conditions such as autism, dementia, or intellectual disabilities in managing their actions under stress or confusion. The affirmative defense balances the need for accountability with the recognition that some individuals may benefit more from support than incarceration. Some conditions, such as autism or dementia, can result in involuntary or reflexive behaviors. For example, an individual may lash out physically during a sensory overload or due to confusion. Individuals with neurodevelopmental or neurocognitive disorders do not intend to harm but when they are in a panic, fight or flight crisis, they may lash out and they should not be put into the criminal justice system for the crisis they can't control. We have seen too many of our autistic friends have very bad experiences with police and emergency personnel. I know we can do better! Please VOTE YES for SB1013! Thank you, Donna Budway

Please Vote YES for SB1013. This bill is important to me because automatic fight/flight responses should not be treated as though they were intentional. The risk of incurring a charge of assault is great for families that may need to call first responders in the event of a crisis and that risk makes them delay calling for help. By amending the statute you can improve public safety by creating a small opportunity to divert vulnerable people from our criminal justice system who do not belong there. Families with a loved one in a mental health crisis or who have a disability that presents with complex behaviors such as fight or flight/ OCD/ anxiety/ or tics, are terrified of calling the police because of the charges that could result against their loved one. Also, they are terrified of speaking out and calling attention to their situation. SB1013 recognizes the challenges faced by individuals with conditions such as autism, dementia, or intellectual disabilities in managing their actions under stress or confusion. The affirmative defense balances the need for accountability by recognizing that some individuals may benefit more from support than incarceration. Some conditions, such as autism or dementia, can result in involuntary or reflexive behaviors. For example, an individual may lash out physically during a sensory overload or due to confusion. Please Vote YES for SB1013.

Please Vote YES on SB1013. We have worked with stakeholders for at least 5 years to find acceptable language for everyone. This same language passed during the 2024 session. This provides a small off-ramp for people in crisis out of the criminal justice system, which everyone involved agrees they do not belong. This avoids unnecessary criminalization of vulnerable populations. Please VOTE YES on SB1013

VOTE YES for SB1013 The risk of incurring a charge of assault is great for families that may need to call first responders in the event of a crisis and that risk makes them delay calling for help. By amending the statute you can improve public safety by creating a small opportunity to divert vulnerable people from our criminal justice system who do not belong there. Families with a loved one in a mental health crisis or who have a disability that presents with complex behaviors such as fight or flight/ OCD/ anxiety/ or tics, are terrified of calling the police because of the charges that could result against their loved one. Also, they are terrified of speaking out and calling attention to their situation. SB1013 recognizes the challenges faced by individuals with conditions such as autism, dementia, or intellectual disabilities in managing their actions under stress or confusion. The affirmative defense balances the need for accountability with the recognition that some individuals may benefit more from support than incarceration. Some conditions, such as autism or dementia, can result in involuntary or reflexive behaviors. For example, an individual may lash out physically during a sensory overload or due to confusion. Individuals with neurodevelopmental or neurocognitive disorders do not intend to harm but when they are in a panic, fight or flight crisis, they may lash out and they should not be put into the criminal justice system for the crisis they can't control.

VOTE YES for SB1013 The risk of incurring a charge of assault is great for families that may need to call first responders in the event of a crisis and that risk makes them delay calling for help. By amending the statute you can improve public safety by creating a small opportunity to divert vulnerable people from our criminal justice system who do not belong there. Families with a loved one in a mental health crisis or who have a disability that presents with complex behaviors such as fight or flight/ OCD/ anxiety/ or tics, are terrified of calling the police because of the charges that could result against their loved one. Also, they are terrified of speaking out and calling attention to their situation. SB1013 recognizes the challenges faced by individuals with conditions such as autism, dementia, or intellectual disabilities in managing their actions under stress or confusion. The affirmative defense balances the need for accountability with the recognition that some individuals may benefit more from support than incarceration. Some conditions, such as autism or dementia, can result in involuntary or reflexive behaviors. For example, an individual may lash out physically during a sensory overload or due to confusion. Individuals with neurodevelopmental or neurocognitive disorders do not intend to harm but when they are in a panic, fight or flight crisis, they may lash out and they should not be put into the criminal justice system for the crisis they can't control.

Courts of Justice Criminal Subcommittee Members, I am writing to ask your support for SB1013 from Senator Boysko. As the person who leads our collaborations and trainings with Arlington and Fairfax Police and other first responders AND the person who answers inquiries from people with disabilities who are arrested, I can say there is broad support for this bill in these circles, and a painfully deep understanding of the need for it. Realistically, police are often the only group people know to call in the midst of a mental or behavioral health crisis. They come quickly, but they are generally not mental health and de-escalation efforts, though they're put in the difficult position of being those first to respond. We hear stories of people flailing, fleeing, and otherwise panicking in their crises which can result in an assault charge. This bill doesn't prevent that charge, but does allow us to consider the disability and push for a defense if we can see that action was a direct result of the disability. We hope it keeps us out of the business of paying for prosecution and incarceration when we know that isn't what is most needed. The affirmative defense balances the need for accountability by recognizing that some individuals may benefit more from support than incarceration. Please Vote YES for SB1013.

I ask that you vote yes on SB1013 - the proposed bill offers recognition that some individuals with cognitive disability may not be able to understand or control their actions when they are in an agitated state. I have a 16 year old son with intellectual disability and a father-in-law with dementia both living in northern Virginia. Both can be confused or agitated especially when they are feeling anxious or afraid. I do not want any of my family members to have to hesitate in calling for help for either of them for fear that our cognitively impaired loved one will be punished for a felony crime should they become scared and lash physically at an EMT or LEO. This is common sense. The off-ramp to misdemeanor is necessary.

Persons with Neuro-developmental and/or Neuro-degenerative disorders cannot be held to the same civil or criminal liabilities as those without. Autism, PANDAS, Alzheimer's and Dementia are examples of these disorders well known to the public indicating these individuals are incapable of thought as others non-affected, and commonly upon stressors, may react involuntarily and unpredictability, as a function OF their disorders. I support this bill in that it is unfair and unethical to persons with these disabilities to render them equally accountable under the law to non-afflicted persons

Vote YES on SB1013!!! The risk of incurring a charge of assault is great for families that may need to call first responders in the event of a crisis and that risk makes them delay calling for help. By amending the statute you can improve public safety by creating a small opportunity to divert vulnerable people from our criminal justice system who do not belong there. Families with a loved one in a mental health crisis or who have a disability that presents with complex behaviors such as fight or flight/ OCD/ anxiety/ or tics, are terrified of calling the police because of the charges that could result against their loved one. Also, they are terrified of speaking out and calling attention to their situation. SB1013 recognizes the challenges faced by individuals with conditions such as autism, dementia, or intellectual disabilities in managing their actions under stress or confusion. The affirmative defense balances the need for accountability with the recognition that some individuals may benefit more from support than incarceration. Some conditions, such as autism or dementia, can result in involuntary or reflexive behaviors. For example, an individual may lash out physically during a sensory overload or due to confusion; my own son has done and continues to do this. Individuals with neurodevelopmental or neurocognitive disorders do not intend to harm but when they are in a panic, fight or flight crisis, they may lash out and they should not be put into the criminal justice system for the crisis they can't control as this punishes them for things beyond their control. These individuals and their families, instead, need help they can count on in a crisis (REACH nor 988 fill this role)!!

VOTE YES for SB1013 The risk of incurring a charge of assault is great for families that may need to call first responders in the event of a crisis and that risk makes them delay calling for help. By amending the statute you can improve public safety by creating a small opportunity to divert vulnerable people from our criminal justice system who do not belong there. I can recall an incident where I attempted to provide information to an officer when a young man, with Autism, was in crisis. Unfortunately, this situation ended with the young man spending days not receiving the support he needed because he spent days going between jail and the hospital. His tumultuous weekend ended with him being charged with assault. His behaviors that lead to this situation were a result of his diagnosis and his medication needing to be readjusted. Issuing felony charges to people with Autism or any other intellectual disability does nothing towards our societal duty to provide rehabilitation. These charges continue to do more harm. Vote YES for SB1013.

Dear Legislators: Please Vote “Yes” for SB 1013. Protect our special needs population in Virginia by voting “yes”.

Madam Chair and members of the Subcommittee: My name is Rick Dwyer and I am the Executive Director of the Hampton Roads Military and Federal Facilities Alliance, an organization that supports the vast military and federal presence in our region. I am also a retired Air Force Lieutenant Colonel and served over 20 years on active duty. Our organization and the communities of Hampton Roads collectively support 18 military installations, all six branches of the military services, 120,000 active duty, reserve and civilian personnel, over 125,000 military dependents, and nearly 220,000 veterans. In 2023, the Department of Defense spent over $68.5 billion in Virginia and directly employed over 247,000 people. Needless to say, supporting the military and our national defense is part of who we are in Hampton Roads and the Commonwealth. I am here today to express our opposition to Senate Bill 1272 as it is currently written. I want to stress we are not opposed to the intent of the bill of keeping unmanned aircraft systems away from correctional facilities, critical utility infrastructure, or military bases. However, as currently written the bill is likely to be preempted by federal law and the bill strikes the current code language in section A(ii) that prohibits taking off or landing in violation of FAA special security instructions or UAS Security Sensitive Airspace Restrictions. Our organization worked with the General Assembly in 2019 to have that language inserted into the code at the request of our military partners to prevent people from flying drones near military airfields. They were concerned with individuals flying drones near their runways and there was nothing a local law enforcement officer could do about it because they had no authority to enforce FAA regulations. After coordinating with FAA lawyers, the takeoff and land language was used because only the Federal Aviation Administration has the authority to regulate the airspace. If state and local governments attempt to regulate the airspace, their laws will be preempted by federal law. However, state and local governments have jurisdiction over what happens on the ground, hence the takeoff and land language in the current statute. Under the current statute, local and state law enforcement now have the authority to stop someone who causes a drone to takeoff or land in violation of FAA special security instructions and airspace restrictions around military airfields. We respectfully request that the current code language at 18.2-121.3A.(ii) be restored. HB1726 as passed the House and SB757 as passed by both the House and Senate keep this current language in their bills. Thank you.

Good afternoon to the Chair and Members of the Civil Subcommittee: As an attorney whose practice has included land conservation for nearly twenty years in representation of both landowners and easement holders, I am generally supportive of what Senator Perry is trying to achieve with SB 1435 but the bill as written has some problems that would be addressed with a friendly amendment. I would gladly support the Senate Substitute of this bill if it were amended as follows: In line 14, after "§ 10.1-1009," insert: "or an open-space easement, as such term is defined in § 10.1-1700." In line 17, after "conservation easement," insert "or an open-space easement." In line 19, after "conservation easement," insert "or an open-space easement." After line 21, add the following sentences: "Compensation required to be paid to the Commonwealth under (i) of this section above shall be in addition to (1) any compensation required by the provisions of the conservation easement due to the landowner and Holder, as defined under § 10.1-1009 or compensation required by the provisions of the open-space easement due to landowner and the public body, as defined under § 10.1-1700, and (2) fulfilling the requirements of § 10.1-1704 pertaining to the conversion or diversion of open-space land. Any compensation paid to the Commonwealth or the locality shall be used in a manner consistent with the conservation purposes of the conservation or open-space easement extinguished or open-space land that is converted or diverted." These amendments will ensure that SB 1435 will apply to easements created pursuant to both the Conservation Easement Act and the Open-Space Land Act, and they will ensure that SB 1435 is not interpreted to supersede any other methods of compensation required by the deed of easement (including methods of compensation required by federal tax and state tax law). I plan to attend today's meeting and speak to these points, but I wanted to make sure that these comments were available in advance. Thank you for your service to the Commonwealth. Kerry