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- Subject Index: Since 1995
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Developed and maintained by the Division of Legislative Automated Systems.
2008 SESSION
SB 246 Involuntary commitment; establishes new standards for outpatient commitment.
Introduced by: Janet D. Howell | all patrons ... notes | add to my profiles
SUMMARY AS PASSED: (all summaries)
Involuntary commitment; outpatient treatment; etc. Changes the criteria for emergency custody orders, temporary detention orders, and involuntary commitment proceedings, including how that criteria is applied to prisoners and juveniles, so that a person may be taken into emergency custody, placed under temporary detention, or involuntarily committed where it is found that the person has a mental illness and there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future (i) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (ii) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs. The bill also provides that a person who meets the criteria for involuntary commitment may be ordered to mandatory outpatient treatment if less restrictive alternatives to involuntary inpatient treatment are appropriate and are available, and the person has the capacity to comply with such outpatient treatment and has agreed to abide by the treatment plan. The bill also sets forth how such mandatory outpatient treatment will be monitored and how a person's noncompliance with such treatment will be addressed. The bill also provides that, upon request, any health care provider or other provider rendering services to persons subject to emergency custody orders, temporary detention orders, or involuntary commitment proceedings shall disclose to certain entities and individuals all information necessary and appropriate for the entities or individuals to perform their duties in relation to such orders or proceedings. 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. The bill also authorizes a single two-hour extension of an emergency custody order; provides that a person under a temporary detention order may be released prior to 48 hours after the order is executed if the person does not pose a danger to himself or others; expands those persons qualified to perform an independent examination of a person prior to a commitment hearing to include clinical social workers, professional counselors, psychiatric nurse practitioners, and clinical nurse specialists; sets forth factors that may be considered when determining whether probable cause exists to issue an emergency custody order or temporary detention order and factors that shall be considered prior to entry of an involuntary commitment order or mandatory outpatient treatment order; and makes several changes concerning the conduct of prescreening reports and independent examinations and the presentation of these reports or examinations at the required hearings. This bill incorporates SB 75, SB 78, SB 79, SB 80, SB 96, SB 97, SB 101, SB 103, SB 104, SB 129, SB 139, SB 140, SB 144, SB 217, SB 220, SB 273, SB 341, and SB 769. This bill is identical to HB 499.
FULL TEXT
- 01/08/08 Senate: Prefiled and ordered printed; offered 01/09/08 089813248 pdf | impact statement
- 01/29/08 Senate: Committee substitute printed 081542248-S1 pdf | impact statement
- 02/07/08 Senate: Committee substitute printed 086010212-S2 pdf | impact statement
- 02/22/08 House: Committee substitute printed 089582248-H1 pdf
- 03/04/08 House: Floor substitute printed 089654248-H2 (Hamilton) pdf
- 03/08/08 Senate: Bill text as passed Senate and House (SB246ER) pdf | impact statement
- 04/23/08 Senate: Reenrolled bill text (SB246ER2) pdf
- 04/23/08 Governor: Acts of Assembly Chapter text (CHAP0870) pdf
AMENDMENTS
HISTORY
- 01/08/08 Senate: Prefiled and ordered printed; offered 01/09/08 089813248
- 01/08/08 Senate: Referred to Committee for Courts of Justice
- 01/21/08 Senate: Assigned Courts sub: Special on Proposed Mental Health Legislation
- 01/28/08 Senate: Reported from Courts of Justice with substitute (13-Y 0-N)
- 01/28/08 Senate: Rereferred to Finance
- 01/29/08 Senate: Committee substitute printed 081542248-S1
- 02/06/08 Senate: Reported from Finance with substitute (16-Y 0-N)
- 02/07/08 Senate: Committee substitute printed 086010212-S2
- 02/07/08 Senate: Constitutional reading dispensed (38-Y 0-N)
- 02/08/08 Senate: Read second time
- 02/08/08 Senate: Reading of substitute waived
- 02/08/08 Senate: Committee substitute rejected 081542248-S1
- 02/08/08 Senate: Reading of substitute waived
- 02/08/08 Senate: Committee substitute agreed to 086010212-S2
- 02/08/08 Senate: Engrossed by Senate - committee substitute SB246S2
- 02/08/08 Senate: Constitutional reading dispensed (40-Y 0-N)
- 02/08/08 Senate: Passed Senate (40-Y 0-N)
- 02/08/08 Senate: Communicated to House
- 02/13/08 House: Placed on Calendar
- 02/13/08 House: Read first time
- 02/13/08 House: Referred to Committee for Courts of Justice
- 02/14/08 House: Assigned Courts sub: Mental Health
- 02/21/08 House: Reported from Courts of Justice with substitute (20-Y 0-N)
- 02/22/08 House: Motion to refer to committee agreed to
- 02/22/08 House: Referred to Committee on Appropriations
- 02/22/08 House: Committee substitute printed 089582248-H1
- 02/27/08 House: Reported from Appropriations (23-Y 0-N)
- 02/29/08 House: Read second time
- 03/03/08 House: Passed by for the day
- 03/04/08 House: Read third time
- 03/04/08 House: Committee substitute rejected 089582248-H1
- 03/04/08 House: Floor substitute printed 089654248-H2 (Hamilton)
- 03/04/08 House: Substitute by Delegate Hamilton agreed to 089654248-H2
- 03/04/08 House: Engrossed by House - floor substitute SB246H2
- 03/04/08 House: Passed House with substitute (99-Y 0-N)
- 03/04/08 House: VOTE: --- PASSAGE (99-Y 0-N)
- 03/05/08 Senate: House substitute agreed to by Senate (40-Y 0-N)
- 03/08/08 Senate: Enrolled
- 03/08/08 House: Signed by Speaker
- 03/08/08 Senate: Bill text as passed Senate and House (SB246ER)
- 03/11/08 Senate: Signed by President
- 04/11/08 Senate: Governor's recommendation received by Senate
- 04/22/08 Senate: Placed on Calendar
- 04/23/08 Senate: Senate concurred in Governor's recommendation (39-Y 0-N)
- 04/23/08 House: House concurred in Governor's recommendation (97-Y 0-N)
- 04/23/08 House: VOTE: --- ADOPTION (97-Y 0-N)
- 04/23/08 Governor: Governor's recommendation adopted
- 04/23/08 Senate: Reenrolled
- 04/23/08 Senate: Signed by President as reenrolled
- 04/23/08 House: Signed by Speaker as reenrolled
- 04/23/08 Governor: Approved by Governor-Chapter 870 (effective 7/1/08)
- 04/23/08 Senate: Reenrolled bill text (SB246ER2)
- 04/23/08 Governor: Acts of Assembly Chapter text (CHAP0870)