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2007 SESSION

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Senate Committee on Courts of Justice
Subcommittee Involuntary Commitment

Blevins (Chairman), Saslaw, Cuccinelli, Howell

Clerk: Fred Hodnett, Richard Fiorella
Staff: J. French, M. Felch, D. Cotter
Date of Meeting: January 23, 2007
Time and Place: Tuesday, January 23, 2007
3rd Floor East Conference Room. 1/2 hour after Adjournment

S.B. 738 Psychiatric Inpatient Treatment of Minors Act; authorization of certain judges & special justices.

Patron: Cuccinelli

Psychiatric Inpatient Treatment of Minors Act; special justices.  Clarifies that retired judges, substitute judges, and special justices are authorized to perform hearings under the Act and to receive compensation therefor.

A BILL to amend and reenact §§ 16.1-336, 16.1-339, 16.1-341, 16.1-345.1, 16.1-348, 37.2-803, and 37.2-804 of the Code of Virginia, relating to Psychiatric Inpatient Treatment of Minors Act; special justices.

064689720

S.B. 739 Psychiatric Inpatient Treatment of Minors Act; authorization of chief judges of judicial circuits.

Patron: Cuccinelli

Psychiatric Inpatient Treatment of Minors Act; special justices.  Clarifies that retired judges, substitute judges, and special justices are authorized to perform hearings under the Act. This bill also authorizes the chief judge of the 2nd Judicial Circuit (Virginia Beach, Northampton, and Accomack) and the chief judge of the 19th Judicial Circuit (Fairfax County) to appoint special justices for the purpose of performing duties required of a judge under this Act. Such appointed judges are to be paid by the locality in which the special justice was appointed. This bill also states that an emergency exists and that the bill shall go into effect from its passage.

A BILL to amend and reenact §§ 16.1-336, 16.1-339, 16.1-341, 16.1-345.1, 16.1-348, 37.2-803, and 37.2-804 of the Code of Virginia, relating to Psychiatric Inpatient Treatment of Minors Act; special justices.

064690720

EMERGENCY

S.B. 741 Involuntary commitment hearings; law students may represent petitioner without practicing attorney.

Patron: Cuccinelli

Involuntary commitment hearings; law students.  Provides that it is not the unauthorized practice of law for a third-year law student enrolled at any law school in the Commonwealth to represent a petitioner in a commitment hearing for involuntary admission without the presence of a practicing attorney. The student must have completed coursework in evidence and trial advocacy and training. The student must inform the petitioner that he is not a licensed attorney, that he may not be compensated for his services, and that he can be held liable only for intentional malfeasance.

A BILL to amend and reenact § 54.1-3900 of the Code of Virginia, relating to the practice of law; third-year students.

072149720

S.B. 763 Outpatient treatment orders; changes criteria therefor.

Patron: Cuccinelli

Mental health; outpatient treatment orders.  Changes the criteria for ordering outpatient mental health treatment rather than involuntary inpatient treatment. Strikes the requirement that a person be found to be a danger to himself or others and instead requires a finding that assisted outpatient treatment will be sufficient to prevent him from harming himself or others.

A BILL to amend and reenact § 37.2-817 of the Code of Virginia, relating to outpatient treatment orders.

072417720

Impact Statements

S.B. 780 Involuntary temporary detention; issuance and execution of order.

Patron: Cuccinelli

Involuntary temporary detention; issuance and execution of order.  Modifies one element of the legal standard for involuntary commitment by changing the requirement that individuals present an "imminent danger" to a requirement that individuals present a "significant risk." Emphasizes criteria required for involuntary commitment as found in prior records of treatment and noncompliance with treatment, and demonstrated in reports of witnesses, family members, physicians, or mental health professionals.

A BILL to amend and reenact § 37.2-809 of the Code of Virginia, relating to involuntary temporary detention; issuance and execution of order.

060445720

Impact Statements

S.B. 808 Assisted outpatient treatment; establishes program for severely mentally ill.

Patron: Marsh

Mental health; assisted outpatient treatment. Establishes a program of assisted outpatient treatment for the severely mentally ill. The bill authorizes assisted outpatient treatment only for persons previously hospitalized due to noncompliance with prescribed psychiatric treatment. The bill requires that a specific written treatment plan be prepared by the community services board that gives consideration to the treatment preferences of the individual and explicitly bars the forcible administration of medication. The bill also authorizes law-enforcement personnel to transport the individual to a treatment facility for evaluation by a treatment provider and to ensure compliance with the treatment order only when the individual has substantially failed to comply with the treatment plan without good cause, and only for a 48-hour period, including transportation time. The bill limits the duration of the court order to 180 days or less, and provides the person with procedural protections, including the right to an adversary hearing, the right to counsel, the right to an appeal, and the right to a jury trial on appeal.

A BILL to amend and reenact §§ 37.2-505, 37.2-802, 37.2-817, 37.2-820, and 37.2-821 of the Code of Virginia and to amend the Code of Virginia by adding in Chapter 8 of Title 37.2 an article numbered 5.1, consisting of sections numbered 37.2-828.10 through 37.2-828.17, relating to assisted outpatient treatment.

072415756

S.B. 890 Involuntary mental health commitment; emergency custody order to include transportation.

Patron: Deeds

Involuntary mental health commitment; emergency custody orders.  Allows an emergency custody order to include transportation to a medical facility for a pre-admission medical evaluation if required by the hospital to which the person is being transported. The amount of time a person can remain in custody under an emergency custody order is extended from four to six hours to accommodate such an evaluation.

A BILL to amend and reenact § 37.2-808 of the Code of Virginia, relating to mental health; emergency custody orders.

073172724

S.B. 981 Involuntary commitment; county police department to provide transportation.

Patron: Edwards

Involuntary commitment; transportation.  Provides that if the law-enforcement agency designated in a temporary detention order to provide transportation is a town agency and there is no town officer reasonably available to transport the person the magistrate shall specify in the order that the county police department or sheriff provide the transportation.

A BILL to amend and reenact § 37.2-810 of the Code of Virginia, relating to involuntary commitment; persons in the temporary detention process.

073088728

S.B. 1052 Emergency custody order; authorizes sheriffs and sheriffs' deputies to execute orders.

Patron: Edwards

Emergency custody order; issuance and execution. Authorizes sheriffs and sheriffs' deputies to execute emergency custody orders.

A BILL to amend and reenact § 37.2-808 of the Code of Virginia, relating to issuance and execution of emergency custody orders.

074390728

S.B. 1269 Psychiatric Inpatient Treatment of Minors Act; authorization of certain judges & special justices.

Patron: Herring

Psychiatric Inpatient Treatment of Minors Act; special justices. Clarifies that retired judges, substitute judges, and special justices are authorized to perform hearings under the Act and to receive compensation therefor.

A BILL to amend and reenact §§ 16.1-336, 16.1-339, 16.1-341, 16.1-345.1, 16.1-348, 37.2-803, and 37.2-804 of the Code of Virginia, relating to Psychiatric Inpatient Treatment of Minors Act; special justices.

074464738