Marcus alert system; participation in the system is optional for localities, etc.
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SB 361 — Marcus alert system; participation in the system is optional for localities, etc.
Last action — Approved by Governor-Chapter 613 (effective 7/1/22)
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House of Delegates
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced January 11, 2022. Enacted.
Signed by Governor Glenn Youngkin (Republican) on April 11, 2022.
Prognosis
Where this bill stands today.
Odds of enactment
HighHow often bills like it became law.
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Enacted
Current position in the legislative process.
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1 sponsor
1 primary, 0 co-sponsors signed on.
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Mixed recorded votes
10 passed, 1 failed in recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Marcus alert system; participation. Extends the date by which localities shall establish voluntary databases to be made available to the 9-1-1 alert system and the Marcus alert system to provide relevant mental health information and emergency contact information for appropriate response to an emergency or crisis from July 1, 2021, to July 1, 2023, and provides an exemption to the requirement that localities establish protocols for local law-enforcement agencies to enter into memorandums of agreement with mobile crisis response providers regarding requests for law-enforcement back-up during mobile crisis or community care team response and minimum standards, best practices, and a system for the review and approval of protocols for law-enforcement participation in the Marcus alert system for localities with a population that is less than or equal to 40,000, so that localities with a population that is less than or equal to 40,000 may but are not required to establish such protocols. The bill also requires the Department of Behavioral Health and Developmental Services to include in its annual report to the Governor and the Chairmen of the House Committees for Courts of Justice and on Health, Welfare and Institutions, the Senate Committees on the Judiciary and Education and Health, and the Behavioral Health Commission information regarding barriers to establishment of local Marcus alert programs and community care or mobile crisis teams to provide mobile crisis response in geographical areas served by community services boards or behavioral health agencies in which such programs and teams have not been established and a plan for addressing such barriers. This bill is identical to HB 1191.
Bill Text
What changed in the latest version
256 added · 248 removedPlain-language change summary
The recent amendments to Bill SB 361 updated the language related to the Marcus alert system and removed references to a "body-worn camera system." Instead, it clarified important terms already defined in other sections of the law, like "mobile crisis team" and "community care team." This change helps streamline the bill and ensures that the definitions are consistent throughout Virginia's legal code. The focus remains on improving mental health response and community services, which is crucial for better managing crises effectively.
SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2022 SESSION CHAPTER E613 An Act to amend and reenact §§ 9.1-193 and 37.2-311.1 of the Code of Virginia, relating to Marcus alert system;
R O [S 361] Approved LApril L11, 2022 Be it enacted by the General Assembly of Virginia:
That §§ 9.1-193 and 37.2-311.1 of the Code of Virginia are amended and reenacted as follows:Efollows: § 9.1-193.
Mental§ health9.1-193. awareness response and community understanding services (Marcus) D aleA.
Mental health awareness response and community understanding services (Marcus) alert system;
law-enforcement protocols.
A.
"Body-worn"Community cameracare system"team" means the same as that term is defined in § 15.2-1723.1.37.2-311.1.23.1.
"Community care team" means the same as that term is defined in § 37.2-311.1.
B "Developmental services" means the same as that term is defined in § 37.2-100.
6"Historically § 56-576.rically economically disadvantaged community" means the same as that term is defined iE "Mental health awareness response and community understanding services alert system" or "Marcus alert system" means the same as that term is defined in § 37.2-311.1.56-576.
"Mental health awareness response and community understanding services alert system" or "Marcus alert system" means the same as that term is defined in § 37.2-311.1.
collaborateB. to ensure that the Department of Behavioral Health and Developmental Services 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 the Department 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 this article and § 37.2-311.1.
The Department of Behavioral Health and Developmental Services and the Department shall collaborate to ensure that the Department of Behavioral Health and Developmental Services 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 the Department 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 this article and § 37.2-311.1.
(ii) the Department'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 set forth in subsection D;
Such protocols and training shall provide for a specialized response by law enforcement designed to meet the goals set forth in this article to ensure that individuals receiveexperiencing a specializedmental responsehealth, whensubstance diversionabuse, toor thedevelopmental comprehensivedisability-related crisisbehavioral systemhealth is not feasible.lth crisis Specializedreceive response protocols and training by law enforcement shall consider the impact to care that the presence of an officer in uniform or a markedspecialized vehicle at a response has and shall mitigate such impact when feasiblediversion throughto the usecomprehensive ofcrisis plainsystem clothesis andnot unmarkedfeasible. vehicles.
Specialized response protocols and training by law enforcement shall consider the impact to care that the presence of an officer in uniform or a marked vehicle at a response has and shall mitigate such impact when feasible through the use of plain clothes and unmarked vehicles.
comprehensiveE. crisis services and the Marcus alert system shall be:elopment of local protocols, in 1.
EnsuringThe thatgoals individualsof experiencinglaw-enforcement behavioralparticipation, healthincluding crises are served by the behavioraldevelopment health of 5local protocols, in comprehensive crisis serviceservices system when considered feasible pursuant to protocols and trainingthe andMarcus associatedalert clinicalsystem guidanceshall providedbe: pursuant to Title 37.2;
2.1.
Ensuring that individuals experiencing behavioral health crises are served by the behavioral health comprehensive crisis service system when considered feasible pursuant to protocols and training and associated clinical guidance provided pursuant to Title 37.2;
of 5 2.
Notwithstanding the provisions of subsection G, every locality, regardless of population, shall of 5 establish local protocols to divert calls from the 9-1-1 dispatch and response system to a crisis call center for risk assessment and engagement, including assessment for mobile crisis or community Earecare team dispatch if available, in accordance with clause (iv) of subdivision B 2 of § 37.2-311.1.
powers and duties of the N Department related to comprehensive mental health, substance abuse, and developmental disabilitRdisability of 5 crisis services.
differentA. meaning:his section and §§ 37.2-311.2 through 37.2-311.6, unless the context requiresOa "Community care team" means 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.
LawAs enforcementused mayin providethis backupsection supportand as§§ needed37.2-311.2 tothrough a37.2-311.6, communityunless care team in accordance with the protocolscontext andrequires Eesta practicesdifferent developedmeaning: pursuant to § 9.1-193.
"Community care team" means 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.
Law enforcement may provide backup support as needed to a community care team in accordance with the protocols and best practices developed pursuant to § 9.1-193.
"Comprehensive crisis system" means the continuum of care established by the Department of Beh"CrisisBehavioral callHealth center" means a call center that provides crisis intervention that meets NSPL standards for risk assessment and engagementDevelopmental andServices thepursuant requirementsto ofthis §section. 37.2-311.2.
"Crisis call center" means a call center that provides crisis intervention that meets NSPL standards for risk assessment and engagement and the requirements of § 37.2-311.2.
S "Fund" means the Crisis Call Center Fund established under § 37.2-311.4.
3 "Historically economically disadvantaged community" means the same as that term is defined i1in § 56-576.
R "Mental health awareness response and community understanding services alert system" or "Marcus alert system" means a set of protocols to (i) initiate a behavioral health response to a behavioral health crisis, including for individuals experiencing a behavioral health crisis secondary to mental illness, thesubstance behavioralabuse, health or developmental servicesdisabilities, systemor wheneverany feasible;combination thereof;
and(ii) (iii)divert facilitatesuch adualsindividuals to specializedthe responsebehavioral inhealth accordanceor withdevelopmental §services 9.1-193system whenwhenever diversionfeasible; is not feasible.
and (iii) facilitate a specialized response in accordance with § 9.1-193 when diversion is not feasible.
"Mobile crisis team" means a team of one or more qualified or licensed mental health professionals officerand shallmay notinclude be a memberregistered ofpeer arecovery mobilespecialist crisisor team,a butfamily law enforcement may provide backup support aspartner. needed to a mobile crisis team in accordance with the protocols and best practices developed pursuant to § 9.1-193.
A law-enforcement officer shall not be a member of a mobile crisis team, but law enforcement may provide backup support as needed to a mobile crisis team in accordance with the protocols and best practices developed pursuant to § 9.1-193.
"SAMHSA""Registered orpeer "Substancerecovery Abusespecialist" andmeans Mentalthe Healthsame Servicesas Administration"such meansterm theis agency500.defined in § 54.1-3500.
"SAMHSA" or "Substance Abuse and Mental Health Services Administration" means the agency within the U.S.
In addition to all requirements under this section, the crisis call center shall meet the requirements of § 32.37.2-311.2.
Show all 48 changed lines (8 more)
By2. July 1, 2021, the Department, in collaboration with the Department of Criminal Justice Services and law-enforcement, mental health, behavioral health, developmental services, emergency of 5 management, brain injury, and racial equity stakeholders, shall develop a written plan for the development of a Marcus alert system.
By July 1, 2021, the Department, in collaboration with the Department of Criminal Justice Services and law-enforcement, mental health, behavioral health, developmental services, emergency management, brain injury, and racial equity stakeholders, shall develop a written plan for the development of a Marcus alert system.
(iv) review the prevalence of crisis situations involving mental illness or substance abuse, or both, including individuals experiencing a behavioral health crisis that is secondary to mental illness, of 5 substance abuse, developmental or intellectual disability, brain injury, or any combination thereof;
The report shall also include a specific plan to phase in (a) a description of barriers to establishment of a local Marcus alert system program and community care or mobile crisis team to provide mobile crisis response in each remaining geographical area served by a community services board or behavioral health authority of 5 as required in subdivision C 3 in which such program and team has not been established and (b) a plan for addressing such barriers in order to increase the number of local Marcus alert programs andE Criminal Justice Services, shall (i) submit a report by November 15, 2021, to the Joint Commission on Health Care outlining progress toward the assessment of these factors and anycommunity assessmentcare itemsor Rhatmobile arecrisis availableteams. for the reporting period and (ii) submit a comprehensive annual report to the Joint Commission the report required by this subsection.ubsequent year assist the Department in the preparation Of 2.
The Department, in collaboration with the Department of BehavioralCriminal Justice Services, shall (i) submit a report by November 15, 2021, to the Joint Commission on Health andCare Developmentaloutlining Servicesprogress andtoward the Departmentassessment of Lthese Criminalfactors Justiceand Servicesany shallassessment conveneitems athat workare groupavailable withfor representativesthe ofreporting eachperiod localityand withLn(ii) establishmentsubmit anda implementationcomprehensive ofannual report to the protocolsJoint outlinedCommission inon subsectionHealth GCare ofby §November 9.1-19315 of each subsequent year assist the EDepartment Codein the preparation of Virginia,the asreport amendedrequired by this act.subsection.
The2. work group shall report its findings and make recommendations to address such barriers to the Chairmen of the House Committees for Courts D of Justice and on Health, Welfare and Institutions, the Senate Committees on the Judiciary and Care by December 1, 2022.
The Department of Behavioral Health Commission,and Developmental Services and the JointDepartment Commissionof onCriminal HealthJustice SServices 1shall Rconvene a work group with representatives of each locality within the Commonwealth that has a population of less than or equal to 40,000 to identify barriers to of 5 establishment and implementation of the protocols outlined in subsection G of § 9.1-193 of the Code of Virginia, as amended by this act.
The work group shall report its findings and make recommendations to address such barriers to the Chairmen of the House Committees for Courts of Justice and on Health, Welfare and Institutions, the Senate Committees on the Judiciary and Education and Health, the Behavioral Health Commission, and the Joint Commission on Health Care by December 1, 2022.
Show all 48 changed rows (8 more)
View plain text versions (6)
- CHAP0613 View text Current pdf April 11, 2022
- SB361ER View text pdf March 21, 2022
- Conference Substitute Conference substitute printed 22107573D-S4 pdf March 10, 2022
- Committee Substitute Committee substitute printed 22106957D-H1 pdf February 25, 2022
- SB361S3 View text pdf February 04, 2022
- Substitute Floor substitute printed 22105835D-S2 (McPike) pdf February 02, 2022
Action History
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Approved by Governor-Chapter 613 (effective 7/1/22)
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Impact statement from DPB (SB361ER)
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Governor's Action Deadline 11:59 p.m., April 11, 2022
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Enrolled Bill Communicated to Governor on March 22, 2022
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Signed by Speaker
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Signed by President
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Enrolled
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Conference report agreed to by Senate (39-Y 1-N)
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VOTE: Adoption (51-Y 47-N)
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Conference report agreed to by House (51-Y 47-N)
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Passed by temporarily
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Conference substitute printed 22107573D-S4
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Amended by conference committee
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Conferees appointed by House
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Conferees appointed by Senate
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Senate acceded to request (39-Y 0-N)
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House requested conference committee
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House insisted on substitute
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House substitute rejected by Senate 22106957D-H1 (0-Y 39-N)
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VOTE: Passage (93-Y 7-N)
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Passed House with substitute (93-Y 7-N)
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Engrossed by House - committee substitute SB361H1
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Committee substitute agreed to 22106957D-H1
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Read third time
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Read second time
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Impact statement from DPB (SB361H1)
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Committee substitute printed 22106957D-H1
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Reported from Public Safety with substitute (21-Y 1-N)
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Subcommittee recommends reporting with substitute (8-Y 0-N)
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Assigned PS sub: Subcommittee #2
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Referred to Committee on Public Safety
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Read first time
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Placed on Calendar
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Impact statement from DPB (SB361S3)
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Read third time and passed Senate (40-Y 0-N)
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Engrossed by Senate - floor substitute SB361S3
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Substitute by Senator Stuart agreed to 22106013D-S3
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Reading of substitute waived
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Substitute by Senator McPike withdrawn 22105835D-S2
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Committee substitute rejected 22105111D-S1
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Committee substitute reconsidered (39-Y 0-N)
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Read second time
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Floor substitute printed 22106013D-S3 (Stuart)
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Passed by for the day
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Passed by for the day
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Floor substitute printed 22105835D-S2 (McPike)
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Passed by for the day
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Passed by for the day
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Committee substitute agreed to 22105304D-S1
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Reading of substitute waived
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Read second time
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Constitutional reading dispensed (39-Y 0-N)
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Committee substitute printed 22105304D-S1
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Reported from Education and Health with substitute (15-Y 0-N)
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Senate committee, floor amendments and substitutes offered
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Impact statement from DPB (SB361)
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Assigned Education sub: Health
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Referred to Committee on Education and Health
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Prefiled and ordered printed; offered 01/12/22 22102006D
Sponsors
- Richard H. Stuart · Primary
Sponsorship breakdown
Export CSV (upgrade) →1 sponsors · 0 co-sponsors · 147 not signed on · 82 voted No
Sponsors (1)
- Richard H. Stuart Voted No
Co-sponsors (0)
None.
Not signed on (147)
147 members have not signed on to this bill.
Show all 147 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 50 | 47 | 0 | 2 |
| Total | 50 | 47 | 0 | 2 |
| % of votes cast | 51% | 47% | 0% | 2% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 1 | 0 | 0 |
| Total | 39 | 1 | 0 | 0 |
| % of votes cast | 98% | 3% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 0 | 39 | 0 | 1 |
| Total | 0 | 39 | 0 | 1 |
| % of votes cast | 0% | 98% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 92 | 7 | 0 | 0 |
| Total | 92 | 7 | 0 | 0 |
| % of votes cast | 93% | 7% | 0% | 0% |
How each member voted (99)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 21 | 1 | 0 | 0 |
| Total | 21 | 1 | 0 | 0 |
| % of votes cast | 95% | 5% | 0% | 0% |
How each member voted (22)
| Member | Party | Vote |
|---|---|---|
| March, Marie E. | — | Yea |
| Angelia Williams Graves | — | Yea |
| Batten, Amanda E. | — | Yea |
| Bill Wiley | — | Yea |
| Bourne, Jeffrey M. | — | Yea |
| Campbell, Ronnie R. | — | Yea |
| Cordoza, A.C. | — | Yea |
| Davis, Glenn R. | — | Yea |
| Fariss, C. Matthew | — | Yea |
| Freitas, Nicholas J. | — | Yea |
| Jason S. Ballard | — | Yea |
| Jenkins, Clinton L. | — | Yea |
| Kory, Kaye | — | Yea |
| Marcus B. Simon | — | Yea |
| Michael J. Webert | — | Yea |
| Mundon King, Candi | — | Nay |
| Nadarius E. Clark | — | Yea |
| Patrick A. Hope | — | Yea |
| Plum, Kenneth R. | — | Yea |
| Sam Rasoul | — | Yea |
| Tony O. Wilt | — | Yea |
| Wren M. Williams | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 8 | 0 | 0 | 1 |
| Total | 8 | 0 | 0 | 1 |
| % of votes cast | 89% | 0% | 0% | 11% |
How each member voted (9)
| Member | Party | Vote |
|---|---|---|
| Batten, Amanda E. | — | Yea |
| Davis, Glenn R. | — | Yea |
| Jason S. Ballard | — | Yea |
| Michael J. Webert | — | Yea |
| Mundon King, Candi | — | Yea |
| Patrick A. Hope | — | Yea |
| Plum, Kenneth R. | — | Yea |
| Tony O. Wilt | — | Not Voting |
| Wren M. Williams | — | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 40 | 0 | 0 | 0 |
| Total | 40 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 39 | 0 | 0 | 1 |
| Total | 39 | 0 | 0 | 1 |
| % of votes cast | 98% | 0% | 0% | 3% |
How each member voted (40)
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 15 | 0 | 0 | 0 |
| Total | 15 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (15)
| Member | Party | Vote |
|---|---|---|
| Barker, George L. | — | Yea |
| Cosgrove, John A., Jr. | — | Yea |
| David R. Suetterlein | — | Yea |
| Dunnavant, Siobhan S. | — | Yea |
| Edwards, John S. | — | Yea |
| Hashmi, Ghazala F. | — | Yea |
| Howell, Janet D. | — | Yea |
| L. Louise Lucas | — | Yea |
| Lewis, Lynwood W., Jr. | — | Yea |
| Mamie E. Locke | — | Yea |
| Mark J. Peake | — | Yea |
| Newman, Stephen D. | — | Yea |
| Petersen, J. Chapman | — | Yea |
| Saslaw, Richard L. | — | Yea |
| Todd E. Pillion | — | Yea |
Subjects
Frequently asked questions
- What does SB 361 do?
- Marcus alert system; participation. Extends the date by which localities shall establish voluntary databases to be made available to the 9-1-1 alert system and the Marcus alert system to provide relevant mental health information and emergency contact information for appropriate response to an emergency or crisis from July 1, 2021, to July 1, 2023, and provides an exemption to the requirement that localities establish protocols for local law-enforcement agencies to enter into memorandums of agreement with mobile crisis response providers regarding requests for law-enforcement back-up during mobile crisis or community care team response and minimum standards, best practices, and a system for the review and approval of protocols for law-enforcement participation in the Marcus alert system for localities with a population that is less than or equal to 40,000, so that localities with a population that is less than or equal to 40,000 may but are not required to establish such protocols. The bill also requires the Department of Behavioral Health and Developmental Services to include in its annual report to the Governor and the Chairmen of the House Committees for Courts of Justice and on Health, Welfare and Institutions, the Senate Committees on the Judiciary and Education and Health, and the Behavioral Health Commission information regarding barriers to establishment of local Marcus alert programs and community care or mobile crisis teams to provide mobile crisis response in geographical areas served by community services boards or behavioral health agencies in which such programs and teams have not been established and a plan for addressing such barriers. This bill is identical to HB 1191.
- Who sponsors SB 361?
- SB 361 is sponsored by Richard H. Stuart.
- What is the current status of SB 361?
- This bill has been enacted into law. Introduced January 11, 2022. Enacted.
- Where can I track SB 361?
- Track SB 361 free on One Click Politics — get push/email alerts when it moves.
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