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2008 SESSION

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Senate Committee on Courts of Justice
Subcommittee Special on Proposed Mental Health Legislation

Edwards, Howell, Saslaw, Lucas, Quayle, Cuccinelli

Staff: J. French, M. Felch, D. Cotter
Date of Meeting: February 25, 2008
Time and Place: Immediately upon adjournment of Commerce and Labor, Senate Room A

H.B. 267

Patron: Albo

Involuntary commitment; indigent petitioner; right to counsel. States that, upon a finding that a petitioner is indigent, the court shall appoint the petitioner counsel.

H.B. 400

Patron: Hamilton

Parental admission of minors for inpatient treatment; minors incapable of giving consent. Provides that minors 14 years of age or older who are incapable of giving informed consent may be admitted to inpatient treatment upon the application of a parent. The bill also defines the term "incapable of giving informed consent."

H.B. 401

Patron: Hamilton

Emergency custody; who may accept custody. Allows the law-enforcement agency providing transportation to a person pursuant to an emergency custody order to transfer custody of the person to the facility or location to which the person is transported for evaluation  if the facility or location (i) is licensed to provide the level of security necessary to protect both the person and others from harm, (ii) is actually capable of providing the level of security necessary to protect the person and others from harm, and (iii) has entered into an agreement or memorandum of understanding with the law-enforcement agency setting forth the terms and conditions under which it will accept a transfer of custody.  This bill provides that the facility or location which accepts custody of a person may not require the law-enforcement agency to pay any fees or costs for the transfer of custody.

H.B. 402

Patron: Hamilton

Involuntary commitment petition; minors; withdrawal. Provides that a petition for the involuntary commitment of a minor shall be served upon the minor and the minor's parents unless the petition has been withdrawn or dismissed. Current law only provides that such petition need not be served if the petition has been dismissed.

H.B. 559

Patron: Bell

ECO, TDO, involuntary commitment; criteria. Changes the criteria for emergency custody orders, temporary detention orders, juveniles and involuntary commitment, including how that criteria is applied to prisoners and juveniles, so that a person may be taken into custody, temporarily detained, or involuntarily committed if the person is mentally ill and there exists a substantial likelihood that the person will, in the near future, cause serious physical harm to himself or others as evidenced by recent behavior or other relevant information, or suffer serious harm due to his lack of capacity to protect himself from harm, or provide for his basic human needs. This bill incorporates HB 1059 and HB 1237.

H.B. 560

Patron: Bell

Commitment hearing; independent examiner or community services board member attending. Requires the independent examiner and the community services board employee or designee who prepared the prescreening report, or if the hearing occurs in a different jurisdiction, an employee or designee of the local community services board or behavioral health authority serving that jurisdiction, to attend the commitment hearing.

H.B. 576

Patron: Watts

Medical records; disclosure; safe harbor. Provides that any health care provider or other provider rendering services to a person subject to involuntary commitment proceedings shall disclose to certain entities and individuals all information necessary and appropriate for the entities or individuals to perform their duties related to the commitment proceedings. The bill also provides that any health care provider shall be immune for any harm resulting from the disclosure of health records unless he intended the harm or acted in bad faith. This bill incorporates HB 1324.

H.B. 582

Patron: Marsden

Psychiatric inpatient treatment of minors; timing of petition and hearing. Increases from 72 hours to 96 hours the length of time (i) to hold a hearing for the involuntary commitment of a minor or the emergency admission of a minor for inpatient treatment, and (ii) that a minor may be admitted by his parents to a facility over his objections. The bill also provides that the time to hold the involuntary commitment hearing runs from the filing of the petition for such hearing. The bill provides further that a petition for judicial approval of the admission of a minor by his parents over his objections shall be filed no sooner than 24 hours and no later than 96 hours after his admission.

H.B. 583

Patron: Marsden

Emergency custody orders; extension of time. Allows the magistrate to extend the time of emergency custody orders for one two-hour period if good cause exists to grant the extension. Good cause for an extension includes the need for additional time to (i) find a suitable facility in which to temporarily detain the person subject to the order, or (ii) complete a medical evaluation of the person.

H.B. 707

Patron: Janis

Temporary custody orders; secure facility. Provides that a person who is subject to a temporary detention order shall remain in the custody of a law enforcement officer until the person is either detained within a secure facility or custody has been accepted by the appropriate personnel designated by the facility identified in the temporary detention order.

H.B. 708

Patron: Janis

Temporary detention orders; admission as evidence.  Clarifies that temporary detention orders and the records pertaining thereto are admissible as evidence because they are considered judicial records.

H.B. 709

Patron: Janis

Purchase of firearms; consent form; mental health questions. Requires that a person seeking to purchase a firearm from a firearms dealer answer questions on the state background check consent form concerning whether the applicant has ever been acquitted by reason of insanity, been adjudicated legally incompetent or mentally incapacitated, or been involuntarily admitted to a facility or involuntarily ordered to out-patient mental health treatment.

H.B. 815

Patron: Albo

Voluntary admission; report to CCRE.  Adds to the section requiring reporting of involuntary commitment persons who were the subject of a temporary detention order and who subsequently agreed to voluntary commitment.

H.B. 938

Patron: Gilbert

Commitment hearings; petitioner right to appeal. Gives the petitioner the right to appeal a decision by the judge or special justice not to involuntarily commit a respondent.

H.B. 939

Patron: Gilbert

Involuntary commitment; transfer to outpatient treatment.  Provides that the person subject to an involuntary commitment order may petition the court to order that he be transferred to involuntary outpatient treatment or released and, upon consideration of the petition, a commitment hearing shall be conducted within 10 days. Only one such petition may be filed during each involuntary commitment order period.

H.B. 1144

Patron: Fralin

Involuntary commitment hearings; factors to consider. Allows the magistrate, when considering whether to issue a temporary detention order, and requires the special justice, when considering a petition for involuntary commitment, to consider: (i) the recommendations of any treating or examining physician licensed in Virginia, if available, (ii) any past actions of the person, (iii) any past mental health treatment of the person, (iv) any medical records available and (v) any affidavits submitted, if the witness is unavailable and it so states in the affidavit. A magistrate may also consider hearsay evidence and any other information available that he deems relevant to the determination of whether to issue a temporary detention order. A special justice is required to also consider the examiner's certification and the preadmission screening report.

H.B. 1186

Patron: Melvin

Incompetent defendants; misdemeanors; dismissal of charges.  Provides that if a defendant has been charged with a nonviolent property or trespass misdemeanor only, and is being treated in an effort to restore his capacity, then after 45 days, if his capacity has not been restored, the court shall decide whether he should be released, committed, or certified.