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Committee reviews proposal to preserve charging discretion in mental‑health crises; staff says discretion already exists
Summary
A proposal from the Fairfax Area Coordinating Council urged language allowing police and prosecutors discretion when physical interactions during a behavioral‑health crisis occur; staff reported officers and prosecutors currently exercise such discretion and advised monitoring future legislation rather than immediate changes.
The committee considered a recommendation to add language to the behavioral‑health position supporting discretion for police officers and prosecutors when physical interactions during a behavioral‑health crisis might otherwise trigger an assault‑on‑an‑officer charge.
Staff explained the Code of Virginia currently elevates some assault‑on‑officer cases to felonies with a mandatory six‑month minimum sentence but emphasized that local police and commonwealth’s attorneys already exercise charging discretion in many cases. "Police officers currently do have discretion and so in many cases they aren't charging people in these situations with assault," staff said, pointing to local Diversion First and Marcus Alert efforts and co‑responder teams as alternatives to incarceration.
Board members asked for data on instances where charges were not pursued and for updated metrics on CIT‑trained officers and co‑responder capacity. Staff agreed to follow up with FCPD and prosecutors to identify examples and, if possible, quantification of charging outcomes. Members also noted prior bills (referenced in the transcript) passed the General Assembly but were vetoed by the governor.
The committee did not adopt new language at this meeting; staff recommended monitoring specific bills and returning with precise proposals when statutory text and impacts could be assessed.
