2019 Hot Topics: Virginia Association of Chiefs of Police

1. 2019 Hot Topics: Virginia Association of Chiefs of Police Dana Schrad, VACP/VACLEA Director July 18, 2019 Presented to VML Policy Committee

2. Hot Topics for Virginia Law Enforcement • Distracted Driving/Hands Free Legislation • Mental Health Transportation • Guns and Public Safety • Law Enforcement Officer Decertification • Opioids and Marijuana Reform • In-Custody Death Reporting

3. HB 1811/SB 1341 Handheld personal communications devices; use while driving. Both bills passed by House and Senate, but were sent to conference committee where they failed Governor’s amendment would have expanded hand held ban in work zones (SB 1768) to a statewide ban on hand held cell phone use while driving Governor’s amendment passed the Senate; House speaker ruled that the amendment was not germane; effort FAILED

4. SB 1768 Handheld personal communications devices; use while driving, etc. – work zone Prohibits any person from holding a handheld personal communications device while driving a motor vehicle in a highway work zone, with certain exceptions. The bill provides that a violation is a Class 1 misdemeanor. Current law prohibits only the reading of an email or text message on the device and manually entering text in the device to communicate, with the same exceptions. ENACTED

5. Distracted Driving: 2020 Goal • Working with Drive Smart Virginia to reintroduce Senate Bill 1341 to enact a hands free law similar to what is in effect in the District of Columbia • Stick with the language negotiated with the General Assembly Black Caucus • Language in the bill obligates Drive Smart Virginia to do public education on hands free driving and the Virginia Association of Chiefs of Police to do training on fair and impartial enforcement of a hands free law

6. SB 1764 Emergency custody orders; period of custody. Provides that a person shall remain in custody under an emergency custody order until a temporary detention order is served. Under current law, such person remains in custody until a temporary detention order is issued. FAILED Sen. Deeds proposes a 24-hour ECO – we oppose DBH has formed a task force to address this issue; G4S contract awarded

7. Mental Health Transportation – VACP Recommendations Regionalization: Supporting regionalization of mental health placements to reduce the long-distance transports across the state. Alternative Transportation: Law enforcement should be the transportation of last resort, not first resort. Alternative transportation is less traumatic for patient, relieves unfunded mandate on LE. Community-based care: Build out community-based mental health services (such as CITACs) to compensate for the reduction in state institutional beds. This reduces transport time overall, keeps the patient closer to his community and family and expedites the evaluation and treatment process.

8. Firearms and Public Safety • Special General Assembly session: firearms bills referred to the Virginia State Crime Commission for study • Two VSCC meetings August 19-20 to hear public comment and review all of the bills introduced • VACP supports local government authority to have reasonable gun restriction ordinances in place • VACP is working with Critical Response Group Inc. to assist localities to update their infrastructure mapping (public buildings, schools, hospitals, etc.) for efficient and safe critical incident response • Law enforcement building access

9. Law Enforcement Decertification • Current statute allows decertification for conviction of certain crimes, failure to meet training requirements and drug test failure • Brady v. Maryland Supreme Court decision requires untruthfulness to be reported to defense as exculpatory evidence • No current statutory standard to decertify a law enforcement officer who is untruthful • Associated with thorough hiring backgrounds

10. Opioids and Marijuana Reform • VACP is participating on Governor’s Opioid Commission • Working on a grant with the Department of Behavioral Health and Developmental Services to get more Naloxone to first responders, along with “Revive!” Training on proper use of drug for overdose treatment • Key concern for law enforcement is the exposure to Fentanyl when responding to an overdose or on a drug arrest • Conflict with needle exchange programs that ask law enforcement NOT to enforce drug possession or drug trafficking laws • Marijuana reform efforts have to be approached very conservatively, keeping an eye on the successes and failures of state where marijuana has been decriminalized

11. In Custody Death Reporting • US Department of Justice is requiring states to provide data on in-custody deaths (includes jail deaths and police custody deaths) • Failure to provide adequate data could impact availability of federal public safety funding (Byrne/JAG grants) to states • VACP is working with the Va. Department of Criminal Justice Services to identify best way to comply without creating new data collection duties for law enforcement

12. Contact • Dana G. Schrad, Executive Director, VACP/VACLEA • dana@vachiefs.org • 880 Technology Park Drive Suite 100 Glen Allen, Virginia 23059 • Phone: 804-285-8227 • Fax: 804-285-3363 • Mobile: 804-338-9512