2014 SESSION

Convened January 8, 2014
Adjourned sine die March 8, 2014
Reconvened April 23, 2014
Adjourned sine die April 23, 2014

BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

(P) Passed (F) Failed (V) Vetoed (I) Incoporated into other legislation

(C) Carried over to 2015 Session

Acute psychiatric bed registry; Department of Behavioral Health and Developmental Services shall develop and administer a web-based registry, registry shall provide real-time information about number of beds available at each facility or unit, employees and designees of community services boards, etc., allowed to perform searches of registry to identify available beds that are appropriate for detention and treatment of individuals. Adding § 37.2-308.1. (Patron-Cline, HB 1232 (Chapter 774))

Acute psychiatric bed registry; Department of Behavioral Health and Developmental Services to establish. Adding § 37.2-308.1. (Patron-Newman, SB 126 (I) See SB260; Deeds, SB 263 (I) See SB260)

Auxiliary grants; expands eligibility for program to include individuals who reside in supportive housing licensed by Department of Behavioral Health and Developmental Services. Amending § 51.5-160; adding §§ 37.2-409.1 and 51.5-169.1. (Patron-Peace, HB 894 (F))

Behavioral Health and Developmental Services, Department of; Department shall review requirements related to qualifications, training, etc., of individuals to perform evaluations of individuals subject to emergency custody orders, report. (Patron-Deeds, SB 261 (Chapter 364))

Behavioral health care providers; licensure, notice to local governing body. Amending § 37.2-405. (Patron-Dance, HB 222 (F))

Community college mental health services; Virginia Community College System to create pilot program to establish plan or contract with community groups or both to provide to uninsured students and such other students as System may identify. (Patron-Ebbin, SB 663 (C))

Community services boards and behavioral health authorities; information for secondary school students about available services. Amending §§ 37.2-504 and 37.2-605; adding § 22.1-217.2. (Patron-Bell, Robert B., HB 659 (C))

Competency to stand trial; recommended treatment by qualified mental health expert. Amending § 19.2-169.1. (Patron-O’Bannon, HB 584 (Chapter 329); Howell, SB 357 (Chapter 739))

Comprehensive Services for At-Risk Youth and Families, State Executive Council for; adds third private provider representative and member who may be either representative of child advocacy group or organization, representative of mental health advocacy group with specialization in children’s mental health, or public provider of children’s mental health services. Amending § 2.2-2648. (Patron-Favola, SB 369 (F))

Death penalty; persons with mental disability and mental impairments ineligible. Amending §§ 18.2-10, 19.2-264.3:1.1, 19.2-264.3:1.2, and 19.2-264.3:3. (Patron-Hope, HB 1133 (F))

Deferred disposition; allows court to defer and dismiss criminal case where defendant has been diagnosed with autism or intellectual disability, exception. Amending §§ 16.1-69.48:1, 17.1-275.2, 17.1-275.7, 19.2-303.4, 19.2-335, and 19.2-336; adding § 19.2-303.6. (Patron-Stuart, SB 173 (F))

Emergency custody; extends time that person may be held pursuant to an emergency custody order to 24 hours. Amending § 37.2-808. (Patron-Black, SB 193 (I) See SB260)

Emergency custody and temporary detention; Department shall develop and administer a web-based acute psychiatric bed registry, period of custody shall not exceed 8 hours from time law-enforcement officer takes minor into custody, report. Amending §§ 16.1-340, 16.1-340.1, 16.1-345.4, 19.2-169.6, 19.2-182.9, 37.2-808, 37.2-809, 37.2-814, and 37.2-817.2; adding §§ 16.1-340.1:1, 37.2-308.1, and 37.2-809.1. (Patron-Deeds, SB 260 (Chapter 691))

Emergency custody and temporary detention; extends time that person may be held pursuant to custody order. Amending §§ 37.2-808, 37.2-809, and 37.2-817.2; adding § 37.2-809.1. (Patron-Favola, SB 370 (I) See SB260)

Emergency custody order; upon expiration of first two-hour extension, magistrate shall issue an order for a second two-hour extension, if good cause is shown to grant such an extension, community services board to submit list of all facilities contacted prior to expiration of first extension. Amending § 37.2-808. (Patron-Bell, Robert B., HB 294 (I) See HB478)

Emergency custody order; upon expiration of first two-hour extension, magistrate shall issue an order for second two-hour extension, extension necessary to identify suitable facility in which person can be detained. Amending § 37.2-808. (Patron-O’Bannon, HB 583 (I) See HB478; Obenshain, SB 455 (C))

Emergency custody orders; Department of Behavioral Health and Developmental Services to review qualifications of individuals designated to perform evaluations of individuals subject to orders, report. (Patron-Bell, Robert B., HB 1216 (Chapter 292))

Emergency custody orders; representative of primary law-enforcement agency specified to execute orders shall notify community services board responsible for conducting evaluation as soon as practicable, person detained or in custody shall be given written summary of procedures, etc., report. Amending §§ 16.1-340, 16.1-345.4, 19.2-182.9, 37.2-808, 37.2-809, and 37.2-817.2. (Patron-Villanueva, HB 478 (Chapter 761))

Emergency custody orders; second two-hour extension of time during which person may be held. Amending § 37.2-808. (Patron-Yost, HB 242 (I) See HB478)

Emergency custody orders; successive two-hour extensions of an order up to a maximum of 48 hours total. Amending § 37.2-808. (Patron-Mason, HB 621 (I) See HB478)

Emergency custody orders; temporary firearms restriction orders. Amending §§ 18.2-308.09 and 18.2-308.013; adding §§ 18.2-308.1:6 and 37.2-808.1. (Patron-Minchew, HB 827 (F))

Firearm possession; involuntary commitment and restoration of rights. Amending §§ 18.2-308.1:3 and 37.2-821. (Patron-Loupassi, HB 298 (F))

First responders; Secretaries of Public Safety and Health and Human Resources shall encourage dissemination of information about specialized training in evidence-based strategies to prevent and minimize mental health crises in all jurisdictions. (Patron-Watts, HB 1222 (Chapter 601))

Health insurance; coverage for mental health services. Amending § 38.2-3412.1. (Patron-Spruill, HB 1185 (F))

Higher educational institutions, four-year; institution shall create and feature on its website a page with information dedicated solely to mental health resources available to students. (Patron-Hope, HB 206 (Chapter 558))

Income tax, state; deduction for mental health professionals volunteering at community services boards. Amending § 58.1-322. (Patron-McClellan, HB 717 (C))

Inmates; criteria for inpatient psychiatric hospital admission from local correctional facility. Repealing second enactment of Chapter 801, 2012 Acts. (Patron-Stolle, HB 86 (Chapter 390))

Insanity; persons acquitted of felony, court-appointed counsel fees. Amending § 19.2-182. (Patron-Habeeb, HB 91 (F))

Insanity; persons acquitted of felony, court-appointed counsel fees, subject to available appropriations. Amending § 19.2-182. (Patron-McDougle, SB 56 (F))

Involuntary admission or mandatory outpatient treatment; appeal of order. Amending § 37.2-821. (Patron-Obenshain, SB 655 (F))

Involuntary commitment; increases special justice and attorney fees. Amending § 37.2-804. (Patron-Campbell, HB 637 (F))

Jail construction; state reimbursement for cost of renovating, etc., to provide mental health beds. Amending §§ 53.1-81, 53.1-82, 53.1-83.1, and 53.1-95.19; adding § 53.1-82.4. (Patron-McDougle, SB 301 (I) See SJR47)

Juvenile Justice, Department of; Department and any mental health facility prohibited to isolate or physically restrain any child unless necessary to protect child’s health or health of other children. Amending § 66-20. (Patron-Favola, SB 272 (F))

Law enforcement and behavioral health services providers; Department of Behavioral Health and Developmental Services to convene work group to study communication and cooperation. (Patron-Keam, HB 832 (F))

Mandatory outpatient treatment; temporary detention, duration, community services board serving locality to which jurisdiction of case has been transferred shall acknowledge transfer and receipt of order within five business days. Amending §§ 19.2-169.6, 19.2-182.9, 37.2-809, 37.2-814, and 37.2-817. (Patron-Yost, HB 574 (Chapter 499); Barker, SB 439 (Chapter 538))

Mental health; joint subcommittee to study services in the Commonwealth in twenty-first century. (Patron-Deeds, SJR 47 (P))

Mental health; prohibition of firearms, judge or special justice shall file order from commitment hearing for involuntary admission or mandatory outpatient treatment and certification of any person who has been subject of temporary detention order with clerk of district court as soon as practicable but no later than close of business on next business day. Amending §§ 37.2-819 and 64.2-2014. (Patron-McClellan, HB 743 (Chapter 336); McEachin, SB 576 (Chapter 374))

Mental health and criminal justice system; joint subcommittee to study. (Patron-Howell, SJR 16 (I) See SJR47)

Mentally incapacitated persons; penalty for financial exploitation. Amending § 18.2-178.1. (Patron-Yost, HB 471 (F))

Methadone clinics; location near schools and day care centers, exemptions for existing facilities and providers, facility that has been providing treatment in same city since 1984 and is operated by and located with a community services board. Amending § 37.2-406. (Patron-McClellan, HB 722 (Chapter 415); Watkins, SB 117 (Chapter 173))

Minors; admission to mental health facility for inpatient treatment. Amending §§ 2.2-3705.5, 16.1-337, 16.1-338, 16.1-339, 16.1-341, 16.1-342, and 16.1-345. (Patron-McWaters, SB 184 (F))

Offenses requiring registration; withdrawal of plea by certain defendants, indictment, warrant, or information that does not allege victim of offense was minor, physically helpless, or mentally incapacitated. Amending § 9.1-902. (Patron-Norment, SB 537 (Chapter 546))

Prescription Monitoring Program; licensed providers of treatment for persons with opiate addiction. Amending §§ 37.2-406 and 54.1-2522. (Patron-McWaters, SB 207 (F))

Private behavioral health services providers; licensure. Amending §§ 37.2-403, 37.2-410, 37.2-415, 37.2-418, and 37.2-419. (Patron-Hope, HB 540 (Chapter 497))

Problem Gambling Treatment Fund; established. Amending §§ 18.2-340.18, 58.1-4022, and 59.1-370.1; adding §§ 37.2-312.2 and 37.2-312.3. (Patron-Greason, HB 927 (F))

Psychiatric bed registry; Department of Behavioral Health and Developmental Services to develop a plan for registry of beds for individuals in need of emergency, voluntary or involuntary mental health care in the Commonwealth, report. (Patron-Herring, HB 599 (I) See HB1232)

Service dog; expands definition to include dogs trained to assist persons suffering from physical, sensory, intellectual, developmental, or mental disability or mental illness. Amending §§ 3.2-6528, 51.5-40 through 51.5-42, 51.5-44, and 51.5-45. (Patron-Reeves, SB 177 (Chapter 616))

Southwestern Virginia Mental Health Institute; Department of Behavioral Health and Developmental Services to convey certain real property located in Marion in Smyth County to Mount Rogers Community Services Board. Amending Chapter 265, 2013 Acts. (Patron-Carrico, SB 667 (Chapter 643))

Student mental health policies and procedures; violence prevention committee of each higher educational institution shall establish policies and procedures that outline circumstances under which all faculty and staff are to report behavior that may represent a physical threat to community, consistent with state and federal law, notification of family members or guardians, etc. Amending § 23-9.2:10. (Patron-Hugo, HB 1268 (Chapter 793); Petersen, SB 239 (Chapter 799))

Temporary detention; an individual shall be detained in state facility unless facility or an employee or designee of community services board is able to identify an alternative facility. Amending § 37.2-809; adding § 37.2-809.1. (Patron-Barker, SB 458 (I) See SB260)

Temporary detention; establishes procedure for transferring custody of a person from one facility to another facility, if an alternative facility is designated, employee or designee shall provide written notice forthwith to clerk of issuing court of name and address of facility. Amending §§ 37.2-809 and 37.2-810. (Patron-Bell, Robert B., HB 1172 (Chapter 675))

Temporary detention; if facility cannot be identified by time of expiration period of emergency custody, individual shall be detained in a state facility for treatment of individuals with mental illness, etc., report. Amending §§ 16.1-340.1 and 37.2-809; adding §§ 16.1-340.1:1 and 37.2-809.1. (Patron-Bell, Robert B., HB 293 (Chapter 773))

Temporary detention; time during which a person may be held, if emergency evaluation is required, district court judge, etc., upon advice of skilled person, may issue temporary order authorizing executing officer to place acquittee in appropriate institution not to exceed 72 hours. Amending §§ 19.2-169.6, 19.2-182.9, 37.2-809, and 37.2-814. (Patron-Barker, SB 115 (F))

Temporary detention; time during which a person may be held, person shall give facility 48 hours notice prior to leaving facility. Amending §§ 19.2-169.6, 19.2-182.9, 37.2-809, and 37.2-814. (Patron-Yost, HB 241 (F); Villanueva, HB 479 (F))

Temporary detention; time during which a person may be held, person shall give facility 72 hours notice prior to leaving facility. Amending §§ 19.2-169.6, 19.2-182.9, 37.2-809, and 37.2-814. (Patron-Ingram, HB 1125 (F); Hanger, SB 424 (I) See SB115)

Temporary detention order; facility of detention. Amending § 37.2-809. (Patron-Yost, HB 243 (I) See HB293; Howell, SB 200 (I) See SB260)

Temporary detention order; transportation of person by law-enforcement agency of jurisdiction in which person resides or any other willing law-enforcement agency that has agreed to provide. Amending § 37.2-810. (Patron-O’Bannon, HB 323 (Chapter 317))

Training center residents; Department of Behavioral Health and Developmental Services to ensure adequate resources are available and disclosed prior to their transfer to another center or community-based care, certification requirement may be waived by resident or representatives, Department shall convene work group of interested stakeholders, to consider options for expanding number of centers that remain open in the Commonwealth. (Patron-Newman, SB 627 (Chapter 639))

Training center residents; Secretary of Health and Human Resources to ensure adequate resources are available to residents transferred to another facility or placed in community-based care. (Patron-Newman, SB 136 (F))

Training centers in the Commonwealth; centers shall remain open and continue to accept new patients, despite plan of Department of Behavioral Health and Developmental Services to close. (Patron-O’Quinn, HB 592 (F))