Department of Criminal Justice Services; training on certain arrests. Requires the Department of Criminal Justice Services to establish a training course for law-enforcement agencies and officers on the discretion such officers can exercise regarding certain arrests. The bill requires that such training include (i) instruction on the scope and nature of law-enforcement officer discretion in arrest decisions, with particular emphasis on encounters with individuals experiencing a mental health crisis, including individuals currently subject to an emergency custody order, a temporary detention order, or an involuntary admission order, and (ii) instruction on the immediate and long-term effects of arrests on individuals in need of mental health services due to a mental health crisis, including impacts on treatment outcomes as identified in substantially accepted peer-reviewed research literature 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 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:
Courts of Justice Substitute: 9.1-102