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Fabio 5a13be122b Legislation: batch E — CA TN VA VT WA WI WV WY

Co-Authored-By: Claude Opus 4.8 <noreply@anthropic.com>

2026-07-06 17:28:36 -04:00

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Bill

Mental health crises; DCJS to assist DBHDS, etc., with development of Marcus alert system.

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 HB 5043.

us/states/va

Virginia General Assembly

2020specialI

SB 5038

Virginia SB 5038 (2020specialI)

bill

enacted

2020-08-14

2020-11-05

openstates

ocd-bill/bbe32a61-d4cc-4e83-81c8-95ad59c80fe5

https://lis.virginia.gov/cgi-bin/legp604.exe?202+sum+SB5038

39442436f6e9d9ec47300ff8a6aa4f32377d884d029a2c03798183c776abfc81

2026-07-01

https://data.openstates.org/daily/2026-07-01/public.pgdump

2026-07-06

reported

legislation

bill

us-va

Virginia SB 5038 (2020specialI) — Mental health crises; DCJS to assist DBHDS, etc., with development of Marcus alert system.

Version chain

The bill's text revisions, in order — the diff chain from filing to enrollment.

Acts of Assembly Chapter text (CHAP0042) (committee substitute) — source
Bill text as passed Senate and House (SB5038ER) (committee substitute) — source
Engrossed by Senate - committee substitute SB5038S2 (committee substitute) — source
Impact statement from DPB (SB5038H1) (committee substitute) — source
Impact statement from DPB (SB5038S1) (committee substitute) — source
Impact statement from DPB (SB5038S3) (committee substitute) — source

Votes

House substitute rejected by Senate (0-Y 35-N) — 0–35 (fail) · upper
VOTE: Passage (57-Y 40-N) — 56–40 (pass) · lower
Senate acceded to request (22-Y 14-N) — 22–14 (pass) · upper
Reported from Finance and Appropriations with substitute (10-Y 4-N) — 10–4 (pass) · upper
Conference report agreed to by Senate (25-Y 13-N) — 25–13 (pass) · upper
Read third time and passed Senate (21-Y 15-N) — 21–15 (pass) · upper
Constitutional reading dispensed (40-Y 0-N) — 40–0 (pass) · upper
Reported from Public Safety with substitute (14-Y 8-N) — 14–8 (pass) · lower
Reported from Judiciary with substitute (12-Y 0-N 2-A) — 12–0 (pass) · upper
Reconsideration of passage agreed to by Senate (37-Y 0-N) — 37–0 (pass) · upper
Reported from Appropriations (13-Y 8-N) — 13–8 (pass) · lower
Passed Senate (25-Y 12-N) — 25–12 (pass) · upper
VOTE: Agreed To (59-Y 37-N) — 58–37 (pass) · lower

Timeline

The legislative action history — every referral, reading, and vote.

2020-08-14 Prefiled and ordered printed; offered 08/18/20 20200617D introduction
2020-08-14 Referred to Committee on the Judiciary referral-committee
2020-08-20 Reported from Judiciary with substitute (12-Y 0-N 2-A) committee-passage
2020-08-20 Committee substitute printed 20200914D-S1 substitution
2020-08-20 Incorporates SB5084 (McClellan)
2020-08-20 Rereferred to Finance and Appropriations referral-committee
2020-09-01 Impact statement from DPB (SB5038S1)
2020-09-09 Reported from Finance and Appropriations with substitute (10-Y 4-N) committee-passage
2020-09-09 Senate committee, floor amendments and substitutes offered
2020-09-09 Committee substitute printed 20201007D-S2 substitution
2020-09-10 Constitutional reading dispensed (40-Y 0-N)
2020-09-15 Read second time reading-2
2020-09-15 Reading of substitute waived
2020-09-15 Committee substitute rejected 20200914D-S1
2020-09-15 Reading of substitute waived
2020-09-15 Committee substitute agreed to 20201007D-S2
2020-09-15 Engrossed by Senate - committee substitute SB5038S2
2020-09-16 Impact statement from DPB (SB5038S2)
2020-09-16 Read third time and passed Senate (21-Y 15-N) passage, reading-3
2020-09-16 Reconsideration of passage agreed to by Senate (37-Y 0-N)
2020-09-16 Passed Senate (25-Y 12-N) passage
2020-09-17 Placed on Calendar
2020-09-17 Read first time reading-1
2020-09-17 Referred to Committee on Public Safety referral-committee
2020-09-21 Reported from Public Safety with substitute (14-Y 8-N) committee-passage
2020-09-21 Committee substitute printed 20201229D-H1 substitution
2020-09-21 Referred to Committee on Appropriations referral-committee
2020-09-21 Impact statement from DPB (SB5038H1)
2020-09-25 Reported from Appropriations (13-Y 8-N) committee-passage
2020-09-29 Read second time reading-2
2020-10-02 Read third time reading-3
2020-10-02 Committee substitute agreed to 20201229D-H1
2020-10-02 Engrossed by House - committee substitute SB5038H1
2020-10-02 Passed House with substitute (57-Y 40-N) passage
2020-10-02 VOTE: Passage (57-Y 40-N)
2020-10-07 House substitute rejected by Senate (0-Y 35-N)
2020-10-07 House insisted on substitute
2020-10-07 House requested conference committee
2020-10-07 Senate acceded to request (22-Y 14-N)
2020-10-07 Conferees appointed by Senate
2020-10-07 Conferees appointed by House
2020-10-14 Amended by conference committee
2020-10-14 Conference substitute printed 20201332D-S3
2020-10-14 Conference report agreed to by House (59-Y 37-N)
2020-10-14 VOTE: Agreed To (59-Y 37-N)
2020-10-14 Passed by for the day
2020-10-16 Conference report agreed to by Senate (25-Y 13-N)
2020-10-21 Impact statement from DPB (SB5038S3)
2020-10-28 Enrolled
2020-10-28 Impact statement from DPB (SB5038ER)
2020-10-28 Signed by Speaker
2020-10-30 Signed by President
2020-10-30 Enrolled Bill Communicated to Governor on October 30, 2020
2020-10-30 Governor's Action Deadline 11:59 p.m., November 6, 2020
2020-11-05 Approved by Governor-Chapter 42 (effective 3/1/21) executive-signature

Source

OpenStates / OpenCivicData bulk snapshot 2026-07-01; origin ocd-bill/bbe32a61-d4cc-4e83-81c8-95ad59c80fe5. Confidence: reported (aggregated from official Virginia legislature records).

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