{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-311.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-311.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-311.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-311.1.html"}],"law_id":70901,"edition_id":1,"section_id":70901,"structure_id":12846,"section_number":"37.2-311.1","catch_line":"Comprehensive crisis system; Marcus alert system; powers and duties of the Department related to comprehensive mental health, substance abuse, and developmental disability crisis services","history":"2020, Sp. Sess. I, cc. 41, 42; 2021, Sp. Sess. I, c. 248; 2022, cc. 613, 619.","full_text":"A\n\nAs used in this section and §§ 37.2-311.2 through 37.2-311.6, unless the context requires a different meaning:\n\t\t\t“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. In addition to serving as a co-response unit, community care teams may, at the discretion of the employing locality, engage in community mental health awareness and services.\n\t\t\t“Comprehensive crisis system” means the continuum of care established by the Department of Behavioral Health and Developmental Services pursuant to this section.\n\t\t\t“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.\n\t\t\t“Crisis stabilization center” means a facility providing short-term (under 24 hours) observation and crisis stabilization services to all referrals in a home-like, nonhospital environment.\n\t\t\t“Fund” means the Crisis Call Center Fund established under § 37.2-311.4.\n\t\t\t“Historically economically disadvantaged community” means the same as that term is defined in § 56-576.\n\t\t\t“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, substance abuse, developmental disabilities, or any combination thereof; (ii) divert such individuals to the behavioral health or developmental services system whenever feasible; and (iii) facilitate a specialized response in accordance with § 9.1-193 when diversion is not feasible.\n\t\t\t“Mobile crisis response” means the provision of professional, same-day intervention for children or adults who are experiencing crises and whose behaviors are consistent with mental illness or substance abuse, or both, including individuals experiencing a behavioral health crisis that is secondary to mental illness, substance abuse, developmental or intellectual disability, brain injury, or any combination thereof. “Mobile crisis response” may be provided by a community care team or a mobile crisis team, and a locality may establish either or both types of teams to best meet its needs.\n\t\t\t“Mobile crisis team” means 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. 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.\n\t\t\t“NSPL” or “National Suicide Prevention Lifeline” means the national suicide prevention and mental health crisis hotline established by the federal government in accordance with 42 U.S.C. § 290bb—36c to provide a national network of crisis centers linked by a toll-free number to route callers in suicidal crisis or emotional distress to the closest certified local crisis center.\n\t\t\t“NSPL Administrator” means the entity designated by the federal government to administer the NSPL.\n\t\t\t“Registered peer recovery specialist” means the same as such term is defined in § 54.1-3500.\n\t\t\t“SAMHSA” or “Substance Abuse and Mental Health Services Administration” means the agency within the U.S. Department of Health and Human Services that leads federal behavioral health efforts.B\n\nThe Department shall have the following duties and responsibilities for the provision of crisis services and support for individuals with mental illness, substance abuse, developmental or intellectual disabilities, or brain injury who are experiencing a crisis related to mental health, substance abuse, or behavioral support needs:1\n\nThe Department shall develop a comprehensive crisis system, with such funds as may be appropriated for such purpose, based on national best practice models and composed of a crisis call center, community care and mobile crisis teams, crisis stabilization centers, and the Marcus alert system. In addition to all requirements under this section, the crisis call center shall meet the requirements of § 37.2-311.2.2\n\nBy 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. Such plan shall (i) inventory past and current crisis intervention teams established pursuant to Article 13 (§ 9.1-187 et seq.) of Chapter 1 of Title 9.1 throughout the Commonwealth that have received state funding; (ii) inventory the existence, status, and experiences of community services board mobile crisis teams and crisis stabilization units; (iii) identify any other existing cooperative relationships between community services boards and law-enforcement agencies; (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, substance abuse, developmental or intellectual disability, brain injury, or any combination thereof; (v) identify state and local funding of emergency and crisis services; (vi) include 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 care team dispatch; (vii) include protocols for local law-enforcement agencies to enter into memorandums of agreement with mobile crisis response providers regarding requests for law-enforcement backup during a mobile crisis or community care team response; (viii) develop minimum standards, best practices, and a system for the review and approval of protocols for law-enforcement participation in the Marcus alert system set forth in § 9.1-193; (ix) assign specific responsibilities, duties, and authorities among responsible state and local entities; and (x) assess the effectiveness of a locality’s or area’s plan for community involvement, including engaging with and providing services to historically economically disadvantaged communities, training, and therapeutic response alternatives.C\n\n1. No later than December 1, 2021, the Department shall establish five Marcus alert programs and community care or mobile crisis teams, one located in each of the five Department regions.2\n\nNo later than July 1, 2023, the Department shall establish five additional Marcus alert system programs and community care or mobile crisis teams, one located in each of the five Department regions. Community services boards or behavioral health authorities that serve the largest populations in each region, excluding those community services boards or behavioral health authorities already selected under subdivision 1, shall be selected for programs under this subdivision.3\n\nThe Department shall establish additional Marcus alert systems and community care teams in geographical areas served by a community services board or behavioral health authority by July 1, 2024; July 1, 2025; and July 1, 2026. No later than July 1, 2028, all community services board and behavioral health authority geographical areas shall have established a Marcus alert system that uses a community care or mobile crisis team.4\n\nAll community care teams and mobile crisis teams established under this section shall meet the standards set forth in § 37.2-311.3.D\n\nThe Department shall report annually by November 15 to the Governor and the Chairmen of the House Committees for Courts of Justice and on Health and Human Services, the Senate Committees for Courts of Justice and on Education and Health, and the Behavioral Health Commission regarding the comprehensive crisis system and the effectiveness of such system in meeting the goals set forth in this section. The report shall include, for the previous calendar year, (i) a description of approved local Marcus alert programs in the Commonwealth, including the number of such programs operating in the Commonwealth, the number of such programs added in the previous calendar year, and an analysis of how such programs work to connect the Commonwealth’s comprehensive crisis system and mobile crisis response programs; (ii) the number of calls received by the crisis call center established pursuant to this section; (iii) the number of mobile crisis responses undertaken by community care teams and mobile crisis teams in the Commonwealth; (iv) the number of mobile crisis responses that involved law-enforcement backup; (v) the number of crisis incidents and injuries to any parties involved; (vi) an analysis of the overall operation of any local protocols adopted or programs established pursuant to § 9.1-193, including any disparities in response and outcomes by race and ethnicity of individuals experiencing a behavioral health crisis and recommendations for improvement of the programs; (vii) a description of the overall function of the Marcus alert program and the comprehensive crisis system, including a description of any successes and any challenges encountered; and (viii) recommendations for improvement of the Marcus alert system and approved local Marcus alert programs. The report shall also include (a) a description of barriers to establishment of a local Marcus alert program and community care or mobile crisis team to provide mobile crisis response in each geographical area served by a community services board or behavioral health authority 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 and community care or mobile crisis teams. The Department of Criminal Justice Services shall assist the Department in the preparation of the report required by this subsection.","order_by":null,"text":{"0":{"id":255672,"text":"As used in this section and §§ 37.2-311.2 through 37.2-311.6, unless the context requires a different meaning:\n\t\t\t“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. In addition to serving as a co-response unit, community care teams may, at the discretion of the employing locality, engage in community mental health awareness and services.\n\t\t\t“Comprehensive crisis system” means the continuum of care established by the Department of Behavioral Health and Developmental Services pursuant to this section.\n\t\t\t“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.\n\t\t\t“Crisis stabilization center” means a facility providing short-term (under 24 hours) observation and crisis stabilization services to all referrals in a home-like, nonhospital environment.\n\t\t\t“Fund” means the Crisis Call Center Fund established under § 37.2-311.4.\n\t\t\t“Historically economically disadvantaged community” means the same as that term is defined in § 56-576.\n\t\t\t“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, substance abuse, developmental disabilities, or any combination thereof; (ii) divert such individuals to the behavioral health or developmental services system whenever feasible; and (iii) facilitate a specialized response in accordance with § 9.1-193 when diversion is not feasible.\n\t\t\t“Mobile crisis response” means the provision of professional, same-day intervention for children or adults who are experiencing crises and whose behaviors are consistent with mental illness or substance abuse, or both, including individuals experiencing a behavioral health crisis that is secondary to mental illness, substance abuse, developmental or intellectual disability, brain injury, or any combination thereof. “Mobile crisis response” may be provided by a community care team or a mobile crisis team, and a locality may establish either or both types of teams to best meet its needs.\n\t\t\t“Mobile crisis team” means 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. 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.\n\t\t\t“NSPL” or “National Suicide Prevention Lifeline” means the national suicide prevention and mental health crisis hotline established by the federal government in accordance with 42 U.S.C. § 290bb—36c to provide a national network of crisis centers linked by a toll-free number to route callers in suicidal crisis or emotional distress to the closest certified local crisis center.\n\t\t\t“NSPL Administrator” means the entity designated by the federal government to administer the NSPL.\n\t\t\t“Registered peer recovery specialist” means the same as such term is defined in § 54.1-3500.\n\t\t\t“SAMHSA” or “Substance Abuse and Mental Health Services Administration” means the agency within the U.S. Department of Health and Human Services that leads federal behavioral health efforts.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":255673,"text":"The Department shall have the following duties and responsibilities for the provision of crisis services and support for individuals with mental illness, substance abuse, developmental or intellectual disabilities, or brain injury who are experiencing a crisis related to mental health, substance abuse, or behavioral support needs:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":255674,"text":"The Department shall develop a comprehensive crisis system, with such funds as may be appropriated for such purpose, based on national best practice models and composed of a crisis call center, community care and mobile crisis teams, crisis stabilization centers, and the Marcus alert system. In addition to all requirements under this section, the crisis call center shall meet the requirements of § 37.2-311.2.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":255675,"text":"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. Such plan shall (i) inventory past and current crisis intervention teams established pursuant to Article 13 (§ 9.1-187 et seq.) of Chapter 1 of Title 9.1 throughout the Commonwealth that have received state funding; (ii) inventory the existence, status, and experiences of community services board mobile crisis teams and crisis stabilization units; (iii) identify any other existing cooperative relationships between community services boards and law-enforcement agencies; (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, substance abuse, developmental or intellectual disability, brain injury, or any combination thereof; (v) identify state and local funding of emergency and crisis services; (vi) include 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 care team dispatch; (vii) include protocols for local law-enforcement agencies to enter into memorandums of agreement with mobile crisis response providers regarding requests for law-enforcement backup during a mobile crisis or community care team response; (viii) develop minimum standards, best practices, and a system for the review and approval of protocols for law-enforcement participation in the Marcus alert system set forth in § 9.1-193; (ix) assign specific responsibilities, duties, and authorities among responsible state and local entities; and (x) assess the effectiveness of a locality’s or area’s plan for community involvement, including engaging with and providing services to historically economically disadvantaged communities, training, and therapeutic response alternatives.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"C"},"4":{"id":255676,"text":"1. No later than December 1, 2021, the Department shall establish five Marcus alert programs and community care or mobile crisis teams, one located in each of the five Department regions.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"C2"},"5":{"id":255677,"text":"No later than July 1, 2023, the Department shall establish five additional Marcus alert system programs and community care or mobile crisis teams, one located in each of the five Department regions. Community services boards or behavioral health authorities that serve the largest populations in each region, excluding those community services boards or behavioral health authorities already selected under subdivision 1, shall be selected for programs under this subdivision.","type":"section","prefixes":["C","2"],"prefix":"2","entire_prefix":"C2","prefix_anchor":"C2","level":2,"prior_prefix":"C","next_prefix":"C3"},"6":{"id":255678,"text":"The Department shall establish additional Marcus alert systems and community care teams in geographical areas served by a community services board or behavioral health authority by July 1, 2024; July 1, 2025; and July 1, 2026. No later than July 1, 2028, all community services board and behavioral health authority geographical areas shall have established a Marcus alert system that uses a community care or mobile crisis team.","type":"section","prefixes":["C","3"],"prefix":"3","entire_prefix":"C3","prefix_anchor":"C3","level":2,"prior_prefix":"C2","next_prefix":"C4"},"7":{"id":255679,"text":"All community care teams and mobile crisis teams established under this section shall meet the standards set forth in § 37.2-311.3.","type":"section","prefixes":["C","4"],"prefix":"4","entire_prefix":"C4","prefix_anchor":"C4","level":2,"prior_prefix":"C3","next_prefix":"D"},"8":{"id":255680,"text":"The Department shall report annually by November 15 to the Governor and the Chairmen of the House Committees for Courts of Justice and on Health and Human Services, the Senate Committees for Courts of Justice and on Education and Health, and the Behavioral Health Commission regarding the comprehensive crisis system and the effectiveness of such system in meeting the goals set forth in this section. The report shall include, for the previous calendar year, (i) a description of approved local Marcus alert programs in the Commonwealth, including the number of such programs operating in the Commonwealth, the number of such programs added in the previous calendar year, and an analysis of how such programs work to connect the Commonwealth’s comprehensive crisis system and mobile crisis response programs; (ii) the number of calls received by the crisis call center established pursuant to this section; (iii) the number of mobile crisis responses undertaken by community care teams and mobile crisis teams in the Commonwealth; (iv) the number of mobile crisis responses that involved law-enforcement backup; (v) the number of crisis incidents and injuries to any parties involved; (vi) an analysis of the overall operation of any local protocols adopted or programs established pursuant to § 9.1-193, including any disparities in response and outcomes by race and ethnicity of individuals experiencing a behavioral health crisis and recommendations for improvement of the programs; (vii) a description of the overall function of the Marcus alert program and the comprehensive crisis system, including a description of any successes and any challenges encountered; and (viii) recommendations for improvement of the Marcus alert system and approved local Marcus alert programs. The report shall also include (a) a description of barriers to establishment of a local Marcus alert program and community care or mobile crisis team to provide mobile crisis response in each geographical area served by a community services board or behavioral health authority 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 and community care or mobile crisis teams. The Department of Criminal Justice Services shall assist the Department in the preparation of the report required by this subsection.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C4"}},"ancestry":[{"id":12846,"edition_id":1,"name":"The Department and the Commissioner","identifier":"1","label":"article","depth":4,"order_by":1,"parent_id":12845,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209715,"object_type":"structure","relational_id":12846,"identifier":"1","token":"37.2\/I\/3\/1","url":"\/37.2\/I\/3\/1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12845,"edition_id":1,"name":"Department of Behavioral Health and Developmental Services","identifier":"3","label":"chapter","depth":3,"order_by":1,"parent_id":12844,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209713,"object_type":"structure","relational_id":12845,"identifier":"3","token":"37.2\/I\/3","url":"\/37.2\/I\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12844,"edition_id":1,"name":"General Provisions","identifier":"I","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209675,"object_type":"structure","relational_id":12844,"identifier":"I","token":"37.2\/I","url":"\/37.2\/I\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":53989,"structure_id":12846,"section_number":"37.2-300","catch_line":"Creation and supervision of Department","url":"\/37.2-300\/","token":"37.2\/I\/3\/1\/37.2-300","metadata":false},{"id":87072,"structure_id":12846,"section_number":"37.2-301","catch_line":"Appointment of Commissioner","url":"\/37.2-301\/","token":"37.2\/I\/3\/1\/37.2-301","metadata":false},{"id":61895,"structure_id":12846,"section_number":"37.2-302","catch_line":"Term of office and vacancy therein","url":"\/37.2-302\/","token":"37.2\/I\/3\/1\/37.2-302","metadata":false},{"id":68733,"structure_id":12846,"section_number":"37.2-303","catch_line":"Qualifications of Commissioner","url":"\/37.2-303\/","token":"37.2\/I\/3\/1\/37.2-303","metadata":false},{"id":58889,"structure_id":12846,"section_number":"37.2-304","catch_line":"Duties of Commissioner","url":"\/37.2-304\/","token":"37.2\/I\/3\/1\/37.2-304","metadata":false},{"id":55805,"structure_id":12846,"section_number":"37.2-305","catch_line":"Receiving gifts and endowments","url":"\/37.2-305\/","token":"37.2\/I\/3\/1\/37.2-305","metadata":false},{"id":76091,"structure_id":12846,"section_number":"37.2-306","catch_line":"Research into causes of mental illness, developmental disabilities, substance abuse, and related subjects","url":"\/37.2-306\/","token":"37.2\/I\/3\/1\/37.2-306","metadata":false},{"id":79296,"structure_id":12846,"section_number":"37.2-307","catch_line":"Employment of special counsel to defend Board member, officer, or employee of Department in criminal cases","url":"\/37.2-307\/","token":"37.2\/I\/3\/1\/37.2-307","metadata":false},{"id":69476,"structure_id":12846,"section_number":"37.2-308","catch_line":"Data reporting on children and adolescents","url":"\/37.2-308\/","token":"37.2\/I\/3\/1\/37.2-308","metadata":false},{"id":85097,"structure_id":12846,"section_number":"37.2-308.01","catch_line":"Commitment hearings for involuntary admissions; 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Marcus alert system; powers and duties of the Department related to comprehensive mental health, substance abuse, and developmental disability crisis services","url":"\/37.2-311.1\/","token":"37.2\/I\/3\/1\/37.2-311.1","metadata":false},{"id":55219,"structure_id":12846,"section_number":"37.2-311.2","catch_line":"Powers and duties of crisis call center","url":"\/37.2-311.2\/","token":"37.2\/I\/3\/1\/37.2-311.2","metadata":false},{"id":79442,"structure_id":12846,"section_number":"37.2-311.3","catch_line":"Standards for community care teams and mobile crisis teams","url":"\/37.2-311.3\/","token":"37.2\/I\/3\/1\/37.2-311.3","metadata":false},{"id":72863,"structure_id":12846,"section_number":"37.2-311.4","catch_line":"Crisis Call Center Fund","url":"\/37.2-311.4\/","token":"37.2\/I\/3\/1\/37.2-311.4","metadata":false},{"id":60255,"structure_id":12846,"section_number":"37.2-311.5","catch_line":"Collection of 988 charges","url":"\/37.2-311.5\/","token":"37.2\/I\/3\/1\/37.2-311.5","metadata":false},{"id":65423,"structure_id":12846,"section_number":"37.2-311.6","catch_line":"Liability for emergency calls to the National Suicide Prevention Lifeline","url":"\/37.2-311.6\/","token":"37.2\/I\/3\/1\/37.2-311.6","metadata":false},{"id":59415,"structure_id":12846,"section_number":"37.2-312","catch_line":"Department responsible for education and training programs","url":"\/37.2-312\/","token":"37.2\/I\/3\/1\/37.2-312","metadata":false},{"id":69006,"structure_id":12846,"section_number":"37.2-312.1","catch_line":"Department to be lead agency for suicide prevention across the lifespan","url":"\/37.2-312.1\/","token":"37.2\/I\/3\/1\/37.2-312.1","metadata":false},{"id":62132,"structure_id":12846,"section_number":"37.2-312.2","catch_line":"Commonwealth Mental Health First Aid Program","url":"\/37.2-312.2\/","token":"37.2\/I\/3\/1\/37.2-312.2","metadata":false},{"id":83802,"structure_id":12846,"section_number":"37.2-313","catch_line":"Employment of unlicensed physician by Department","url":"\/37.2-313\/","token":"37.2\/I\/3\/1\/37.2-313","metadata":false},{"id":81127,"structure_id":12846,"section_number":"37.2-313.1","catch_line":"Licensed physician required at certain training centers","url":"\/37.2-313.1\/","token":"37.2\/I\/3\/1\/37.2-313.1","metadata":false},{"id":75182,"structure_id":12846,"section_number":"37.2-314","catch_line":"Background check required","url":"\/37.2-314\/","token":"37.2\/I\/3\/1\/37.2-314","metadata":false},{"id":82101,"structure_id":12846,"section_number":"37.2-314.1","catch_line":"Developmental Disabilities Mortality Review Committee; duties; membership; confidentiality; report; penalty","url":"\/37.2-314.1\/","token":"37.2\/I\/3\/1\/37.2-314.1","metadata":false},{"id":67219,"structure_id":12846,"section_number":"37.2-314.2","catch_line":"Problem Gambling Treatment and Support Fund","url":"\/37.2-314.2\/","token":"37.2\/I\/3\/1\/37.2-314.2","metadata":false},{"id":85328,"structure_id":12846,"section_number":"37.2-314.3","catch_line":"Powers and duties of the Department related to supported decision-making agreements; report","url":"\/37.2-314.3\/","token":"37.2\/I\/3\/1\/37.2-314.3","metadata":false}],"previous_section":{"id":71267,"structure_id":12846,"section_number":"37.2-311","catch_line":"Review of applications for state or federal funds or services used in substance abuse programs","url":"\/37.2-311\/","token":"37.2\/I\/3\/1\/37.2-311","metadata":false},"next_section":{"id":55219,"structure_id":12846,"section_number":"37.2-311.2","catch_line":"Powers and duties of crisis call center","url":"\/37.2-311.2\/","token":"37.2\/I\/3\/1\/37.2-311.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-311.1\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 1 time. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. That modification is as follows: in 2022, chapters 613<\/a> and 619<\/a>.<\/p>","references":[{"id":55219,"section_number":"37.2-311.2","catch_line":"Powers and duties of crisis call center","order_by":null,"url":"\/37.2-311.2\/"},{"id":72863,"section_number":"37.2-311.4","catch_line":"Crisis Call Center Fund","order_by":null,"url":"\/37.2-311.4\/"},{"id":54917,"section_number":"56-484.12","catch_line":"Definitions","order_by":null,"url":"\/56-484.12\/"},{"id":54198,"section_number":"9.1-102","catch_line":"Powers and duties of the Board and the Department","order_by":null,"url":"\/9.1-102\/"},{"id":61210,"section_number":"9.1-193","catch_line":"Mental health awareness response and community understanding services (Marcus) alert system; law-enforcement protocols","order_by":null,"url":"\/9.1-193\/"}],"refers_to":[{"id":55219,"section_number":"37.2-311.2","catch_line":"Powers and duties of crisis call center","order_by":null,"url":"\/37.2-311.2\/"},{"id":72863,"section_number":"37.2-311.4","catch_line":"Crisis Call Center Fund","order_by":null,"url":"\/37.2-311.4\/"},{"id":65423,"section_number":"37.2-311.6","catch_line":"Liability for emergency calls to the National Suicide Prevention Lifeline","order_by":null,"url":"\/37.2-311.6\/"},{"id":54880,"section_number":"54.1-3500","catch_line":"Definitions","order_by":null,"url":"\/54.1-3500\/"},{"id":62210,"section_number":"56-576","catch_line":"Definitions","order_by":null,"url":"\/56-576\/"},{"id":87216,"section_number":"9.1-187","catch_line":"Establishment of crisis intervention team programs","order_by":null,"url":"\/9.1-187\/"},{"id":61210,"section_number":"9.1-193","catch_line":"Mental health awareness response and community understanding services (Marcus) alert system; law-enforcement protocols","order_by":null,"url":"\/9.1-193\/"}],"permalink":{"id":209773,"object_type":"law","relational_id":70901,"identifier":"37.2-311.1","token":"37.2\/I\/3\/1\/37.2-311.1","url":"\/37.2-311.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-311.1\/","token":"37.2\/I\/3\/1\/37.2-311.1","dublin_core":{"Title":"Comprehensive crisis system; Marcus alert system; powers and duties of the Department related to comprehensive mental health, substance abuse, and developmental disability crisis services","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-311.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section and §§ 37.2-311.2<\/a> through 37.2-311.6<\/a>, unless the context requires a different meaning:\n\t\t\t“Community care team<\/span>” means a team of mental health service providers, and may include registered peer recovery specialists<\/span> and law<\/span>-enforcement officers as a team, with the mental health service providers leading such team, to help stabilize individuals<\/span> in crisis situations. Law<\/span> enforcement may provide backup support as needed to a community care team<\/span> in accordance with the protocols and best practices developed pursuant to § 9.1-193<\/a>. In addition to serving as a co-response unit, community care teams<\/span> may, at the discretion of the employing locality, engage in community mental health awareness and services.\n\t\t\t“Comprehensive crisis system<\/span>” means the continuum of care established by the Department<\/span> of Behavioral Health and Developmental Services<\/span> pursuant to this section.\n\t\t\t“Crisis call center<\/span>” 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<\/a>.\n\t\t\t“Crisis stabilization center<\/span>” means a facility<\/span> providing short-term (under 24 hours) observation and crisis stabilization services to all referrals in a home-like, nonhospital environment.\n\t\t\t“Fund<\/span>” means the Crisis Call Center<\/span> Fund<\/span> established under § 37.2-311.4<\/a>.\n\t\t\t“Historically economically disadvantaged community<\/span>” means the same as that term is defined in § 56-576<\/a>.\n\t\t\t“Mental health awareness response and community understanding services alert system<\/span>” or “Marcus alert system<\/span>” means a set of protocols to (i) initiate a behavioral health response to a behavioral health crisis, including for individuals<\/span> experiencing a behavioral health crisis secondary to mental illness<\/span>, substance abuse, developmental disabilities, or any combination thereof; (ii) divert such individuals<\/span> to the behavioral health or developmental services<\/span> system whenever feasible; and (iii) facilitate a specialized response in accordance with § 9.1-193<\/a> when diversion<\/span> is not feasible.\n\t\t\t“Mobile crisis response<\/span>” means the provision of professional, same-day intervention for children or adults who are experiencing crises and whose behaviors are consistent with mental illness<\/span> or substance abuse, or both, including individuals<\/span> experiencing a behavioral health crisis that is secondary to mental illness<\/span>, substance abuse, developmental or intellectual disability<\/span>, brain injury, or any combination thereof. “Mobile crisis response<\/span>” may be provided by a community care team<\/span> or a mobile crisis team<\/span>, and a locality may establish either or both types of teams to best meet its needs.\n\t\t\t“Mobile crisis team<\/span>” means a team of one or more qualified or licensed mental health professionals and may include a registered peer recovery specialist<\/span> or a family support partner. A law<\/span>-enforcement officer shall not be a member of a mobile crisis team<\/span>, but law<\/span> enforcement may provide backup support as needed to a mobile crisis team<\/span> in accordance with the protocols and best practices developed pursuant to § 9.1-193<\/a>.\n\t\t\t“NSPL” or “National Suicide Prevention Lifeline<\/span>” means the national suicide prevention and mental health crisis hotline established by the federal government in accordance with 42 U.S.C. § 290bb—36c to provide a national network of crisis centers linked by a toll-free number to route callers in suicidal crisis or emotional distress to the closest certified local crisis center.\n\t\t\t“NSPL Administrator<\/span>” means the entity designated by the federal government to administer the NSPL.\n\t\t\t“Registered peer recovery specialist<\/span>” means the same as such term is defined in § 54.1-3500<\/a>.\n\t\t\t“SAMHSA<\/span>” or “Substance Abuse and Mental Health Services<\/span> Administration<\/span>” means the agency within the U.S. Department<\/span> of Health and Human Services that leads federal behavioral health efforts. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The Department<\/span> shall have the following duties and responsibilities for the provision of crisis services and support for individuals<\/span> with mental illness<\/span>, substance abuse, developmental or intellectual disabilities, or brain injury who are experiencing a crisis related to mental health, substance abuse, or behavioral support needs: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The Department<\/span> shall develop a comprehensive crisis system<\/span>, with such funds<\/span> as may be appropriated for such purpose, based on national best practice models and composed of a crisis call center<\/span>, community care and mobile crisis teams<\/span>, crisis stabilization centers<\/span>, and the Marcus alert system<\/span>. In addition to all requirements under this section, the crisis call center<\/span> shall meet the requirements of § 37.2-311.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> By July 1, 2021, the Department<\/span>, in collaboration with the Department<\/span> of Criminal Justice Services and law<\/span>-enforcement, mental health, behavioral health, developmental services<\/span>, emergency management, brain injury, and racial equity<\/span> stakeholders, shall develop a written plan for the development of a Marcus alert system<\/span>. Such plan shall (i) inventory past and current crisis intervention teams established pursuant to Article 13 (§ 9.1-187<\/a> et seq.) of Chapter 1 of Title 9.1 throughout the Commonwealth that have received state<\/span> funding; (ii) inventory the existence, status, and experiences of community services board<\/span> mobile crisis teams<\/span> and crisis stabilization units; (iii) identify any other existing cooperative relationships between community services boards<\/span> and law<\/span>-enforcement agencies; (iv) review the prevalence of crisis situations involving mental illness<\/span> or substance abuse, or both, including individuals<\/span> experiencing a behavioral health crisis that is secondary to mental illness<\/span>, substance abuse, developmental or intellectual disability<\/span>, brain injury, or any combination thereof; (v) identify state<\/span> and local funding of emergency and crisis services; (vi) include protocols to divert calls from the 9-1-1 dispatch and response system to a crisis call center<\/span> for risk assessment and engagement, including assessment for mobile crisis or community care team<\/span> dispatch; (vii) include protocols for local law<\/span>-enforcement agencies to enter into memorandums<\/span> of agreement with mobile crisis response<\/span> providers regarding requests for law<\/span>-enforcement backup during a mobile crisis or community care team<\/span> response; (viii) develop minimum standards, best practices, and a system for the review and approval of protocols for law<\/span>-enforcement participation in the Marcus alert system<\/span> set forth in § 9.1-193<\/a>; (ix) assign specific responsibilities, duties, and authorities among responsible state<\/span> and local entities; and (x) assess the effectiveness of a locality’s or area’s plan for community involvement, including engaging with and providing services to historically economically disadvantaged communities, training, and therapeutic response alternatives. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> 1. No later than December 1, 2021, the Department<\/span> shall establish five Marcus alert programs and community care or mobile crisis teams<\/span>, one located in each of the five Department<\/span> regions. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> No later than July 1, 2023, the Department<\/span> shall establish five additional Marcus alert system<\/span> programs and community care or mobile crisis teams<\/span>, one located in each of the five Department<\/span> regions. Community services boards<\/span> or behavioral health authorities that serve the largest populations in each region, excluding those community services boards<\/span> or behavioral health authorities already selected under subdivision 1, shall be selected for programs under this subdivision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The Department<\/span> shall establish additional Marcus alert systems<\/span> and community care teams<\/span> in geographical areas served by a community services board<\/span> or behavioral health authority<\/span> by July 1, 2024; July 1, 2025; and July 1, 2026. No later than July 1, 2028, all community services board<\/span> and behavioral health authority<\/span> geographical areas shall have established a Marcus alert system<\/span> that uses a community care or mobile crisis team<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> All community care teams<\/span> and mobile crisis teams<\/span> established under this section shall meet the standards set forth in § 37.2-311.3<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Department<\/span> shall report annually by November 15 to the Governor and the Chairmen of the House Committees for Courts<\/span> of Justice and on Health and Human Services, the Senate Committees for Courts<\/span> of Justice and on Education and Health, and the Behavioral Health Commission regarding the comprehensive crisis system<\/span> and the effectiveness of such system in meeting the goals set forth in this section. The report shall include, for the previous calendar year, (i) a description of approved local Marcus alert programs in the Commonwealth, including the number of such programs operating in the Commonwealth, the number of such programs added in the previous calendar year, and an analysis of how such programs work to connect the Commonwealth’s comprehensive crisis system<\/span> and mobile crisis response<\/span> programs; (ii) the number of calls received by the crisis call center<\/span> established pursuant to this section; (iii) the number of mobile crisis responses<\/span> undertaken by community care teams<\/span> and mobile crisis teams<\/span> in the Commonwealth; (iv) the number of mobile crisis responses<\/span> that involved law<\/span>-enforcement backup; (v) the number of crisis incidents and injuries to any parties involved; (vi) an analysis of the overall operation of any local protocols adopted or programs established pursuant to § 9.1-193<\/a>, including any disparities in response and outcomes by race and ethnicity of individuals<\/span> experiencing a behavioral health crisis and recommendations for improvement of the programs; (vii) a description of the overall function of the Marcus alert program and the comprehensive crisis system<\/span>, including a description of any successes and any challenges encountered; and (viii) recommendations for improvement of the Marcus alert system<\/span> and approved local Marcus alert programs. The report shall also include (a) a description of barriers to establishment of a local Marcus alert program and community care or mobile crisis team<\/span> to provide mobile crisis response<\/span> in each geographical area served by a community services board<\/span> or behavioral health authority<\/span> in which such program and team has not been established and (b) a plan for addressing such barriers in order<\/span> to increase the number of local Marcus alert programs and community care or mobile crisis teams<\/span>. The Department<\/span> of Criminal Justice Services shall assist the Department<\/span> in the preparation of the report required by this subsection. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMPREHENSIVE CRISIS SYSTEM; MARCUS ALERT SYSTEM; POWERS AND DUTIES OF THE\nDEPARTMENT RELATED TO COMPREHENSIVE MENTAL HEALTH, SUBSTANCE ABUSE, AND\nDEVELOPMENTAL DISABILITY CRISIS SERVICES (\u00a7 37.2-311.1)\n\nA. As used in this section and §§ 37.2-311.2 through 37.2-311.6,\nunless the context requires a different meaning:\n\t\t\t“Community care team” means a team of mental health service\nproviders, and may include registered peer recovery specialists and\nlaw-enforcement officers as a team, with the mental health service providers\nleading such team, to help stabilize individuals in crisis situations. Law\nenforcement may provide backup support as needed to a community care team in\naccordance with the protocols and best practices developed pursuant to §\n9.1-193. In addition to serving as a co-response unit, community care teams may,\nat the discretion of the employing locality, engage in community mental health\nawareness and services.\n\t\t\t“Comprehensive crisis system” means the continuum of care\nestablished by the Department of Behavioral Health and Developmental Services\npursuant to this section.\n\t\t\t“Crisis call center” means a call center that provides crisis\nintervention that meets NSPL standards for risk assessment and engagement and\nthe requirements of § 37.2-311.2.\n\t\t\t“Crisis stabilization center” means a facility providing\nshort-term (under 24 hours) observation and crisis stabilization services to all\nreferrals in a home-like, nonhospital environment.\n\t\t\t“Fund” means the Crisis Call Center Fund established under §\n37.2-311.4.\n\t\t\t“Historically economically disadvantaged community” means the\nsame as that term is defined in § 56-576.\n\t\t\t“Mental health awareness response and community understanding services\nalert system” or “Marcus alert system” means a set of\nprotocols to (i) initiate a behavioral health response to a behavioral health\ncrisis, including for individuals experiencing a behavioral health crisis\nsecondary to mental illness, substance abuse, developmental disabilities, or any\ncombination thereof; (ii) divert such individuals to the behavioral health or\ndevelopmental services system whenever feasible; and (iii) facilitate a\nspecialized response in accordance with § 9.1-193 when diversion is not\nfeasible.\n\t\t\t“Mobile crisis response” means the provision of professional,\nsame-day intervention for children or adults who are experiencing crises and\nwhose behaviors are consistent with mental illness or substance abuse, or both,\nincluding individuals experiencing a behavioral health crisis that is secondary\nto mental illness, substance abuse, developmental or intellectual disability,\nbrain injury, or any combination thereof. “Mobile crisis response”\nmay be provided by a community care team or a mobile crisis team, and a locality\nmay establish either or both types of teams to best meet its needs.\n\t\t\t“Mobile crisis team” means a team of one or more qualified or\nlicensed mental health professionals and may include a registered peer recovery\nspecialist or a family support partner. A law-enforcement officer shall not be a\nmember of a mobile crisis team, but law enforcement may provide backup support\nas needed to a mobile crisis team in accordance with the protocols and best\npractices developed pursuant to § 9.1-193.\n\t\t\t“NSPL” or “National Suicide Prevention Lifeline”\nmeans the national suicide prevention and mental health crisis hotline\nestablished by the federal government in accordance with 42 U.S.C. §\n290bb—36c to provide a national network of crisis centers linked by a\ntoll-free number to route callers in suicidal crisis or emotional distress to\nthe closest certified local crisis center.\n\t\t\t“NSPL Administrator” means the entity designated by the federal\ngovernment to administer the NSPL.\n\t\t\t“Registered peer recovery specialist” means the same as such term\nis defined in § 54.1-3500.\n\t\t\t“SAMHSA” or “Substance Abuse and Mental Health Services\nAdministration” means the agency within the U.S. Department of Health and\nHuman Services that leads federal behavioral health efforts.\n\nB. The Department shall have the following duties and responsibilities for the\nprovision of crisis services and support for individuals with mental illness,\nsubstance abuse, developmental or intellectual disabilities, or brain injury who\nare experiencing a crisis related to mental health, substance abuse, or\nbehavioral support needs:\n\n 1. The Department shall develop a comprehensive crisis system, with such funds\n as may be appropriated for such purpose, based on national best practice\n models and composed of a crisis call center, community care and mobile crisis\n teams, crisis stabilization centers, and the Marcus alert system. In addition\n to all requirements under this section, the crisis call center shall meet the\n requirements of § 37.2-311.2.\n\n 2. By July 1, 2021, the Department, in collaboration with the Department of\n Criminal Justice Services and law-enforcement, mental health, behavioral\n health, developmental services, emergency management, brain injury, and racial\n equity stakeholders, shall develop a written plan for the development of a\n Marcus alert system. Such plan shall (i) inventory past and current crisis\n intervention teams established pursuant to Article 13 (§ 9.1-187 et seq.)\n of Chapter 1 of Title 9.1 throughout the Commonwealth that have received state\n funding; (ii) inventory the existence, status, and experiences of community\n services board mobile crisis teams and crisis stabilization units; (iii)\n identify any other existing cooperative relationships between community\n services boards and law-enforcement agencies; (iv) review the prevalence of\n crisis situations involving mental illness or substance abuse, or both,\n including individuals experiencing a behavioral health crisis that is\n secondary to mental illness, substance abuse, developmental or intellectual\n disability, brain injury, or any combination thereof; (v) identify state and\n local funding of emergency and crisis services; (vi) include protocols to\n divert calls from the 9-1-1 dispatch and response system to a crisis call\n center for risk assessment and engagement, including assessment for mobile\n crisis or community care team dispatch; (vii) include protocols for local\n law-enforcement agencies to enter into memorandums of agreement with mobile\n crisis response providers regarding requests for law-enforcement backup during\n a mobile crisis or community care team response; (viii) develop minimum\n standards, best practices, and a system for the review and approval of\n protocols for law-enforcement participation in the Marcus alert system set\n forth in § 9.1-193; (ix) assign specific responsibilities, duties, and\n authorities among responsible state and local entities; and (x) assess the\n effectiveness of a locality’s or area’s plan for community\n involvement, including engaging with and providing services to historically\n economically disadvantaged communities, training, and therapeutic response\n alternatives.\n\nC. 1. No later than December 1, 2021, the Department shall establish five Marcus\nalert programs and community care or mobile crisis teams, one located in each of\nthe five Department regions.\n\n 2. No later than July 1, 2023, the Department shall establish five additional\n Marcus alert system programs and community care or mobile crisis teams, one\n located in each of the five Department regions. Community services boards or\n behavioral health authorities that serve the largest populations in each\n region, excluding those community services boards or behavioral health\n authorities already selected under subdivision 1, shall be selected for\n programs under this subdivision.\n\n 3. The Department shall establish additional Marcus alert systems and\n community care teams in geographical areas served by a community services\n board or behavioral health authority by July 1, 2024; July 1, 2025; and July\n 1, 2026. No later than July 1, 2028, all community services board and\n behavioral health authority geographical areas shall have established a Marcus\n alert system that uses a community care or mobile crisis team.\n\n 4. All community care teams and mobile crisis teams established under this\n section shall meet the standards set forth in § 37.2-311.3.\n\nD. The Department shall report annually by November 15 to the Governor and the\nChairmen of the House Committees for Courts of Justice and on Health and Human\nServices, the Senate Committees for Courts of Justice and on Education and\nHealth, and the Behavioral Health Commission regarding the comprehensive crisis\nsystem and the effectiveness of such system in meeting the goals set forth in\nthis section. The report shall include, for the previous calendar year, (i) a\ndescription of approved local Marcus alert programs in the Commonwealth,\nincluding the number of such programs operating in the Commonwealth, the number\nof such programs added in the previous calendar year, and an analysis of how\nsuch programs work to connect the Commonwealth’s comprehensive crisis\nsystem and mobile crisis response programs; (ii) the number of calls received by\nthe crisis call center established pursuant to this section; (iii) the number of\nmobile crisis responses undertaken by community care teams and mobile crisis\nteams in the Commonwealth; (iv) the number of mobile crisis responses that\ninvolved law-enforcement backup; (v) the number of crisis incidents and injuries\nto any parties involved; (vi) an analysis of the overall operation of any local\nprotocols adopted or programs established pursuant to § 9.1-193, including\nany disparities in response and outcomes by race and ethnicity of individuals\nexperiencing a behavioral health crisis and recommendations for improvement of\nthe programs; (vii) a description of the overall function of the Marcus alert\nprogram and the comprehensive crisis system, including a description of any\nsuccesses and any challenges encountered; and (viii) recommendations for\nimprovement of the Marcus alert system and approved local Marcus alert programs.\nThe report shall also include (a) a description of barriers to establishment of\na local Marcus alert program and community care or mobile crisis team to provide\nmobile crisis response in each geographical area served by a community services\nboard or behavioral health authority in which such program and team has not been\nestablished and (b) a plan for addressing such barriers in order to increase the\nnumber of local Marcus alert programs and community care or mobile crisis teams.\nThe Department of Criminal Justice Services shall assist the Department in the\npreparation of the report required by this subsection.\n\nHISTORY: 2020, Sp. Sess. I, cc. 41, 42; 2021, Sp. Sess. I, c. 248; 2022, cc.\n613, 619.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}