Summary: Virginia Law Enforcement Professional StandardsCommission Accreditation Grant Fund and Program. Establishesthe Virginia Law Enforcement Professional Standards Commission AccreditationGrant Fund (the Fund) and the Virginia Law Enforcement ProfessionalStandards Commission Accreditation Grant Program (the Program). TheFund and Program shall be overseen by the Department of CriminalJustice Services. Disbursements from the Fund shall be made to law-enforcementagencies to pursue accreditation from the Virginia Law EnforcementProfessional Standards Commission.

Summary: Department of Criminal Justice Services; powersand duties; creation of statewide telephone hotline for complaintsof police misconduct. Directs the Department of Criminal JusticeServices to create, maintain, and promote a statewide, toll-freetelephone hotline through which members of the public may reportincidents of police misconduct and to forward the information relatingto each incident reported through the hotline to the appropriate investigative authority for such incident.

Summary: Mandatory reporting of all offenders releasedfrom a local correctional facility or state correctional facilitybefore the completion of the offender's sentence. Requires theDepartment of Corrections and all local correctional facilities toprovide the Virginia State Crime Commission with the name, last knownaddress, criminal history information, length of sentence for whichthe offender was incarcerated, reason for early release, and remaining time on such length of sentence for each offender in the custodyof the Department of Corrections or such local correctional facility.The bill requires the Virginia State Crime Commission to publishthe names of such offenders along with the reason for early releaseon its website and provide an annual report concerning the releaseof such offenders and any future criminal charges and convictionsfor such offenders to the General Assembly by November 15 of everyyear.

Summary: Virginia Freedom of Information Act; VirginiaParole Board member votes. Provides that individual votes ofthe members of the Virginia Parole Board shall be public recordsand subject to the provisions of the Virginia Freedom of InformationAct.

Summary: Emergency Services and Disaster Law; executiveorders; limitation on duration of executive orders declaring a stateof emergency; civil penalty. Provides that executive orders declaringa state of emergency, and any other executive orders pertaining tosuch emergency, shall not have any effect beyond 30 days after thedate of issuance, unless the General Assembly takes action to grantthe Governor additional authority to extend such an order. Undercurrent law, once issued, executive orders are effective until June30 following the next regular session of the General Assembly. Thebill also changes the penalty for a violation of certain executiveorders from a Class 1 misdemeanor to a civil penalty of no more than$100 per violation. The bill provides that in no case shall any personbe assessed a total of more than $1,000 in penalties for violationsof the same executive order.

Summary: Emergency Services and Disaster Law; limitationon duration of executive orders. Limits the duration of any executiveorder issued by the Governor pursuant to his powers under the EmergencyServices and Disaster Law to no more than 60 days from the date ofissuance. The bill provides that if the General Assembly does nottake any action on the rule, regulation, or order within the 60 daysduring which the rule, regulation, or order is effective, the Governorshall thereafter be prohibited from issuing the same or a similarrule, regulation, or order relating to the same emergency. Undercurrent law, once issued, such executive orders are effective untilJune 30 following the next regular session of the General Assembly.

Summary: Emergency Services and Disaster Law; limitationon duration of executive orders. Limits the duration of any executiveorder issued by the Governor pursuant to his powers under the EmergencyServices and Disaster Law to no more than 45 days from the date ofissuance. The bill provides that if the General Assembly does nottake any action on the rule, regulation, or order within the 45 daysduring which the rule, regulation, or order is effective, the Governormay once again issue the same rule, regulation, or order but shall thereafter be prohibited from issuing the same or a similar rule,regulation, or order relating to the same emergency. Under currentlaw, once issued, such executive orders are effective until June30 following the next regular session of the General Assembly.

Summary: 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 SB 5038.

Summary: Minimum standards for citizen complaints againstlaw enforcement; investigation time limits. Requires that law-enforcementagencies shall ensure, at a minimum, that in the case of all writtencitizen complaints, the time limits for conducting an investigation of such written complaints shall be consistent with the Commissionon Accreditation for Law Enforcement Agencies, Inc.'s, standardson complaint procedures regarding investigation time limits.

Summary: Acquisition and use of military property by law-enforcement agencies. Provides that no state or local law-enforcement agency shall acquire or purchase (i) weaponized unmanned aerial vehicles; (ii) aircraft that are configured for combat or are combat-coded and have no established commercial flight application; (iii) grenades or similar explosives or grenade launchers from a surplus program operated by the federal government; (iv) armored multi-wheeled vehicles that are mine-resistant, ambush-protected, and configured for combat from a surplus program operated by the federal government; (v) bayonets; (vi) firearms of .50 caliber or higher; (vii) ammunition of .50 caliber or higher; or (viii) weaponized tracked armored vehicles. These provisions do not apply to the Virginia National Guard or Virginia Defense Force. The bill prohibits the use of such military property by a law-enforcement officer unless a waiver has been granted by the Criminal Justice Services Board. The bill prohibits the use of kinetic impact munitions unless their use is necessary to protect a law-enforcement officer or another person from bodily injury. "Kinetic impact munitions" includes impact rounds and baton rounds, such as rubber batons, bean bag rounds, foam baton rounds, and plastic, wax, wood, or rubber-coated projectiles. The bill directs the Department of Criminal Justice Services (the Department) to establish training standards for law enforcement on the use of kinetic impact munitions and tear gas. The bill directs the Department to adopt emergency regulations to implement the provisions of the bill.

Summary: Decertification of law-enforcement officer. Directs the Department of Criminal Justice Services to adopt standards of conduct applicable to law-enforcement and jail officers and due process procedures for decertification based on serious misconduct in violation of those standards. The bill requires any sheriff, chief of police, or agency administrator to notify the Criminal Justice Services Board in writing within 48 hours of becoming aware that any certified law-enforcement or jail officer currently employed by his agency has been terminated for engaging in misconduct, as set forth in the bill. The bill authorizes the Board to initiate decertification proceedings against any current or former law-enforcement or jail officer who has engaged in such activities. The bill directs the Department to adopt emergency regulations to implement the provisions of the bill.

Summary: Law-enforcement civilian oversight bodies. Authorizes a locality to establish a law-enforcement civilian oversight body that may (i) receive, investigate, and issue findings on complaints from civilians regarding conduct of law-enforcement officers and civilian employees; (ii) investigate and issue findings on incidents, including the use of force by a law-enforcement officer, death or serious injury to any person held in custody, serious abuse of authority or misconduct, allegedly discriminatory stops, and other incidents regarding the conduct of law-enforcement officers or civilian employees; (iii) make binding disciplinary determinations in cases that involve serious breaches of departmental and professional standards; (iv) investigate policies, practices, and procedures of law-enforcement agencies and make recommendations regarding changes to such policies, practices, and procedures; (v) review all investigations conducted internally by law-enforcement agencies and issue findings regarding the accuracy, completeness, and impartiality of such investigations and the sufficiency of any discipline resulting from such investigations; (vi) request reports of the annual expenditures of law-enforcement agencies and make budgetary recommendations; (vii) make public reports on the activities of the law-enforcement civilian oversight body; and (viii) undertake any other duties as reasonably necessary for the law-enforcement civilian oversight body to effectuate its lawful purpose to effectively oversee the law-enforcement agencies as authorized by the locality. Such oversight bodies are not authorized to oversee sheriff's departments. The bill provides that a law-enforcement officer who is subject to a binding disciplinary determination may file a grievance requesting a final hearing pursuant to the locality's local grievance procedures. The bill also provides that a retired law-enforcement officer may serve on such law-enforcement civilian oversight body as an advisory, nonvoting ex officio member. The bill has a delayed effective date of July 1, 2021, and is identical to SB 5035.

Summary: Law-enforcement officers; minimum qualifications. Changes the minimum qualifications for law-enforcement officers toprovide that all such officers who enter upon the duties of suchoffice shall not have been convicted of or pled guilty or no contestto any misdemeanor involving moral turpitude, including petit larceny,within the last three years. Current law prohibits such convictionsat all for such officers who enter upon the duties of such office.

Summary: Emergency Services and Disaster Law; powers and duties of the Governor; executive orders; penalty. Provides that a violation of an executive order declared by the Governor as the Director of Emergency Management shall be punishable either as a civil penalty of not more than $500 or as a Class 1 misdemeanor. Under current law, the only penalty for such a violation is a Class 1 misdemeanor. The bill also mandates that a violation of an executive order that is punishable as a civil penalty shall be charged by summons and may be executed by a law-enforcement officer when such violation is observed by the officer. The proceeds of any such civil penalty that is imposed shall be paid and collected only in lawful money of the United States and paid into the state treasury to the credit of the Literary Fund. This bill has an expiration date of June 30, 2023, and is identical to SB 5117.

Summary: Minimum qualifications for law-enforcement officer, etc.; disclosure of information. Provides that any sheriff or chief of police, the director or chief executive of any agency or department employing deputy sheriffs or law-enforcement officers, and the Director of the Department of Criminal Justice Services shall disclose to a prospective law-enforcement or jail employer any information (i) related to an arrest or prosecution of a former police officer, deputy sheriff, or jail officer, including expunged information; (ii) related to a civil suit regarding a former police officer's, deputy sheriff's, or jail officer's employment or performance of his duties; (iii) obtained during the course of any internal investigation related to a former police officer's, deputy sheriff's, or jail officer's alleged criminal conduct, use of excessive force, or other official misconduct in violation of the state professional standards of conduct; and (iv) related to a former police officer, deputy sheriff, or jail officer's job performance that led to dismissal, demotion, suspension, or transfer. The bill further provides that no police officer, deputy sheriff, or jail officer may be employed by another law-enforcement agency or jail until the requested information is received from all prior employing agencies in the Commonwealth. The bill authorizes a hiring law-enforcement agency or jail to require a candidate for employment to undergo a psychological examination, subsequent to a conditional offer of employment, conducted under the supervision of a licensed psychiatrist or a licensed clinical psychologist. The bill requires the Department of Criminal Justice Services to establish guidelines for such examinations.

Summary: Criminal Justice Services Board; Committee on Training; membership and responsibilities. Changes the membership of the Criminal Justice Services Board and its Committee on Training by requiring that some members be representatives of a social justice organization, representatives of community interests of minorities, and mental health service providers. The bill requires that the Committee on Training include a representative from the Virginia Indigent Defense Commission, a representative of the community interests of minorities, and a mental health service provider. In addition, the bill permits the Committee on Training to appoint curriculum review committees.

Summary: Department of Criminal Justice Services; law-enforcement officer training and qualifications. Requires the Department of Criminal Justice Services (the Department) to develop a uniform curriculum and lesson plans for the compulsory minimum entry-level, in-service, and advanced training standards to be employed by criminal justice training academies approved by the Department when conducting training. The bill also requires the Department to include the recognition of implicit biases in interacting with persons who have a mental illness, substance use disorder, or developmental or cognitive disability in its (i) training standards and model policies; (ii) compulsory training standards for basic training and recertification of law-enforcement officers; and (iii) operating procedures, guidelines, and standards for community policing in order to ensure sensitivity to and awareness of systemic and individual racism, cultural diversity, and the potential for bias-based profiling. The bill also requires the Department to include training in de-escalation techniques and training in the lawful use of force, including the use of force only when necessary to protect the law-enforcement officer or another person in the compulsory training standards for basic training and recertification.The bill requires the Department to establish compulsory in-service training standards for law-enforcement officers in the following subjects: (a) relevant state and federal laws; (b) awareness of cultural diversity and the potential for bias-based profiling; (c) de-escalation techniques; (d) working with individuals with disabilities, mental health needs, or substance use disorders; and (e) the lawful use of force, including the use of deadly force only when necessary to protect the law-enforcement officer or another person.In addition, the bill adds to the minimum qualifications to become a law-enforcement officer or a jail officer the requirement that such person undergo a psychological examination, subsequent to a conditional offer of employment, conducted under the supervision of a licensed psychologist or other licensed mental health professional. The bill requires the Department to establish requirements for compulsory mental health examinations for law-enforcement officers, jail officers, and correctional officers that include guidelines on the implementation of such mental health examinations.Finally, the bill requires any criminal justice training academy approved by the Department to employ such uniform curriculum and lesson plans and requires the Department to conduct annual evaluations of each criminal justice training academy's compliance with uniform curriculum and lesson plans. The bill allows an approved criminal justice training academy to petition the Department for a waiver and requires the Department to grant a waiver if the academy meets and exceeds compulsory minimum training standards and substantially complies with the content of uniform curriculum and lesson plans developed by the Department.