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2003 SESSION
HB 1612 Juvenile not guilty by reason of insanity.
Introduced by: L. Karen Darner | all patrons ... notes | add to my profiles
SUMMARY AS INTRODUCED:
Juvenile not guilty by reason of insanity. Recognizes the finding of "not guilty by reason of insanity" for a child charged with a delinquent act in juvenile court proceedings. The bill closely parallels the adult statute on not guilty by reason of insanity. If the court finds a child not guilty 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. The Department is required to report to the General Assembly by December 1, 2003 and by December 1 in each of the five years following implementation of the law.
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 Commonwealth v. Chatman,260 Va. 562, decided November 3, 2000, where the Supreme Court held that the insanity defense is not available to juveniles absent specific statutory authority.
FULL TEXT
AMENDMENTS
HISTORY
- 01/08/03 House: Presented & ordered printed, prefiled 12/26/02 036591696
- 01/08/03 House: Referred to Committee for Courts of Justice
- 01/20/03 House: Reported from C. J. with amendments (12-Y 8-N)
- 01/20/03 House: Referred to Committee on Appropriations
- 01/29/03 House: Tabled in Appropriations (23-Y 2-N)