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2014 SESSION

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Senate Committee on Education and Health
Subcommittee Mental Health

Garrett (Chairman), Saslaw, Howell, Newman, Carrico, Martin

Clerk: Patty Lung, Wesley Bland
Staff: Thomas Stevens, Ryan Brimmer
Date of Meeting: January 16, 2014
Time and Place: Immed. upon adj. of Health Professions Sub/3rd Fl. East

S.B. 126

Patron: Newman

Acute psychiatric bed registry. Directs the Department of Behavioral Health and Developmental Services to establish an acute psychiatric bed registry that will provide real-time information on the availability of beds in public and private psychiatric facilities and residential crisis stabilization units for individuals who meet the criteria for temporary detention.

S.B. 193

Patron: Black

Emergency custody; time limit. Extends the time that a person may be held pursuant to an emergency custody order to 24 hours. Currently, a person may be held pursuant to an emergency custody order for up to four hours, with an additional two-hour extension available upon a finding by a magistrate that good cause exists for an extension.

S.B. 200

Patron: Howell

Temporary detention order; facility of detention. Provides that in cases in which a facility for temporary detention has not been identified prior to the running of the time for emergency custody, the magistrate shall issue the temporary detention order if the person meets the criteria for temporary detention and the community services board certifies that it will continue to make good faith efforts to identify the facility of temporary detention until such time as a facility is identified or the temporary detention order expires for lack of execution.

S.B. 260

Patron: Deeds

Emergency custody; time limit. Extends the time that a person may be held pursuant to an emergency custody order to 24 hours. Currently, a person may be held for up to four hours, with an additional two-hour extension available upon a finding by a magistrate that good cause exists for an extension.

S.B. 263

Patron: Deeds

Acute psychiatric bed registry. Directs the Department of Behavioral Health and Developmental Services to establish an acute psychiatric bed registry that will provide real-time information on the availability of beds in public and private psychiatric facilities and residential crisis stabilization units for individuals who meet the criteria for temporary detention.

S.B. 370

Patron: Favola

Emergency custody and temporary detention. Extends the time that a person may be held pursuant to an emergency custody order to 12 hours. Currently, a person may be held for up to four hours, with an additional two-hour extension available upon a finding by a magistrate that good cause exists for an extension. The bill also provides that an individual for whom a temporary detention order is issued shall be detained in a state facility unless the state facility or an employee or designee of the community services board is able to identify an alternative facility that is able and willing to provide temporary detention.

S.B. 439

Patron: Barker

Mandatory outpatient treatment. Specifies that upon motion and prior to the release date of (1) any person who has been the subject of a temporary detention order and voluntarily admitted himself or (2) any involuntarily admitted person, the judge or special justice shall order mandatory outpatient treatment for such person if he finds by clear and convincing evidence that (i) the person has a history of lack of compliance with treatment for mental illness and as a result of such noncompliance, on at least two previous occasions within 36 months preceding the date of the hearing, has been (a) involuntarily admitted pursuant to § 37.2-817 or (b) the subject of a temporary detention order and voluntarily admitted himself in accordance with subsection B of § 37.2-814; (ii) in view of the person's treatment history and current behavior, the person is in need of mandatory outpatient treatment following inpatient treatment in order to prevent a relapse or deterioration that would be likely to result in the person meeting the criteria for involuntary inpatient treatment; (iii) as a result of mental illness, the person is unlikely to voluntarily participate in outpatient treatment unless the court enters an order authorizing discharge to mandatory outpatient treatment following inpatient treatment; (iv) the person has agreed to abide by his discharge plan and has the ability to do so; (v) the ordered treatment will be delivered on an outpatient basis by the community services board or designated provider to the person;  and (vi) the person is likely to benefit from mandatory outpatient treatment. The bill also specifies that a judge or special justice may authorize the treating physician to discharge the person to mandatory outpatient treatment under a discharge plan if the judge or special justice finds the same criteria as above. The bill also authorizes the judge or special justice to consider hearsay and other types of evidence when considering the history of lack of compliance of a patient.

 

S.B. 455

Patron: Obenshain

Emergency custody orders; duration; extension. Provides for a second two-hour extension of the time during which a person may be held pursuant to an emergency custody order upon a finding by the magistrate that the person continues to meet the criteria for emergency custody and the second two-hour extension is necessary to identify a suitable facility for temporary detention.

S.B. 458

Patron: Barker

Facility of temporary detention. Provides that an individual for whom a temporary detention order is issued shall be detained in a state facility unless the state facility or an employee or designee of the community services board is able to identify an alternative facility that is able and willing to provide temporary detention.