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2000 SESSION

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HB 1260 Child not responsible because of mental illness.

Introduced by: L. Karen Darner | all patrons    ...    notes | add to my profiles

SUMMARY AS INTRODUCED:

Child not responsible because of mental illness or mental retardation. Recognizes the finding of "not responsible because of mental illness or mental retardation" for a child charged with a delinquent act and closely parallels the adult statute. The standard requires that the child did not know the nature and consequences of the delinquent act or if he did know, he did not know the act was wrong. The finding specifically shall not be based on immaturity, age, or intoxication or substance abuse. If the court finds a child not responsible, and the child poses an unreasonable risk to the community, the court may commit the child to the Department of Mental Health, Mental Retardation and Substance Abuse Services for treatment. If the child does not pose a risk, the court may refer the child as one in need of services to the local family assessment and planning team for services under the Comprehensive Services Act for At-Risk Youth and Families. The bill adds such children to the mandated service pool under the Act.

This bill is a recommendation of the Virginia Bar Association, which was requested by the General Assembly (see HJR 680, 1999) to review this area of the law. See also Chatman v. Commonwealth, 30 Va. App. 593 (1999), in which the Court of Appeals of Virginia held that the insanity defense is available to juveniles in delinquency proceedings. This case is on appeal to the Virginia Supreme Court.


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