Arrest of certain persons with or without a warrant not required. Provides that no law-enforcement officer with the power to arrest is required to arrest an individual who is currently subject to an emergency custody order, temporary detention order, or involuntary admission (i) for an offense committed in his presence or (ii) based on probable cause, personal observations, the reasonable complaint of a person who observed the alleged offense, or upon person investigation. The bill further provides that the Department of Criminal Justice Services, in conjunction with the Office of the Attorney General, shall (a) provide and require in-person or virtual training to all law-enforcement agencies and officers and (b) provide information to advise attorneys for the Commonwealth on the provisions of the bill and other existing statutes related to the arrest and prosecution of persons with mental or behavioral health disorders by January 1, 2026. The bill requires any person employed as a law-enforcement officer prior to January 1, 2026, to complete such training by July 1, 2026, and biennially thereafter, and any person employed as a law-enforcement officer after January 1, 2026, to complete the training within one year of his date of hire and biennially thereafter. Lastly, the bill directs the Criminal Justice Services Board to promulgate regulations pursuant to relevant law requiring in-person or virtual training to special conservators of the peace on the provisions of the bill and other existing statutes related to the arrest and prosecution of persons with mental or behavioral health disorders by January 1, 2026. The bill requires any person appointed as a special conservator of the peace prior to January 1, 2026, to complete the training by July 1, 2026, and biennially thereafter, and any person appointed as a special conservator of the peace after January 1, 2026, to complete the training within one year of his appointment and biennially thereafter. As introduced, this bill was a recommendation of the Behavioral Health Commission.

Statutes affected:
Criminal Substitute Recommended: 19.2-81.3
Courts of Justice Substitute: 9.1-102