Institutions for the Mentally Ill; Mental Health Generally

P Passed

P HB1293
Mental Health, Mental Retardation and Substance Abuse Services Trust Fund. Establishes the Mental Health, Mental Retardation and Substance Abuse Trust Fund for the net proceeds of the sale of vacant buildings held by the Department of Mental Health, Mental Retardation and Substance Abuse Services (DMHMRSAS). The fund shall also consist of such moneys as shall be appropriated by the General Assembly and any private donations. The fund is administered by the Commissioner of DMHMRSAS. Moneys in the fund are to be used to enhance and ensure the quality of care and treatment provided to consumers of the Commonwealth's mental health, mental retardation and substance abuse services. The proceeds from the sale of any vacant DMHMRSAS buildings and land are to be first used to (i) deliver mental health and other services within the same service area as where such sold buildings and land were located; and (ii) provide benefits to those persons who will no longer be employees of the Commonwealth as a result of such sale. The bill also requires the Commissioner of DMHMRSAS to develop a comprehensive plan for the restructuring of the Commonwealth's mental health care programs and facilities and to provide the final plan by December 15, 2000, to the Governor and enumerated members of the General Assembly. Any restructuring plan or proposed sale of a facility shall be approved by the General Assembly. This bill is identical to SB 731.
Patron - Callahan

P SB261
Civil commitment of sexually violent predators. Changes the effective date of the civil commitment process, which was enacted by the 1999 General Assembly, from January 1, 2001, to July 1, 2001. The process provides for the screening and evaluation for civil commitment of prisoners in the custody of the Department of Corrections who were convicted of certain sexual offenses and are nearing the end of their sentences.
Patron - Norment

F Failed

F HB728
Criminal background checks. Permits community services boards, local departments, behavioral health authorities and agencies licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services to conditionally hire, pending receipt of the national criminal background check from the Federal Bureau of Investigation, applicants if (i) a proper application has been made; (ii) the applicant attests that he has been convicted of no barrier crime; (iii) the Central Criminal Records Exchange report pertaining to the applicant has been obtained from a local law enforcement agency or the state police; (iv) it has been determined that all other qualifications for employment have been met; and (v) the applicant is not allowed to work alone with consumers during the conditional employment period.
Patron - Rust

F HB1258
Group homes for the mentally ill, mentally retarded and developmentally disabled. Requires the Department of Mental Health, Mental Retardation and Substance Abuse Services to publish a notice when an entity or person seeks to establish a group home for the mentally ill, mentally retarded or developmentally disabled. The notice shall include, at a minimum, (i) the name and address of the person or entity that will operate the group home, (ii) the street address of the group home, (iii) the maximum number of persons who will reside in the group home, (iv) a description of the types of services that will be rendered or available to the residents, (v) the Department's name and address as licensing authority, (vi) a contact person from the Department, and (vii) a solicitation of public comment for a period of a minimum of 30 days.
Patron - Moran

C Carried Over

C HB968
Mental health; predischarge planning. Provides that, in the process of developing a predischarge plan for a person eligible to be discharged from a state mental health facility or training center, the proportion of persons receiving residential services in a political subdivision to the total population of that political subdivision shall not exceed the proportion of persons in the Commonwealth receiving residential services to the total population of the Commonwealth.
Patron - DeBoer

C HB1197
Community services boards. Revises provisions relating to the operation of community services boards and local government departments who are responsible for the delivery of mental health, mental retardation and substance abuse services. The bill establishes a new section to set forth the powers and duties of local government departments with policy advisory boards. Services funded by local dollars are not governed or limited by the performance contract and only fees collected for services that are funded by state-controlled dollars are to be included in the performance contract. The bill permits governing bodies with administrative policy boards or policy advisory boards to designate certain services to be provided without charge. Administrative policy boards may allow procurement, in addition to personnel or financial management to be carried out by the local government department, and performance of such responsibilities by a local government shall not be subject to state oversight. The bill also requires that current funding and projected funding for three years thereafter for discharges of consumers from state hospitals must be identified by the Department of Mental Health, Mental Retardation and Substance Abuse Services. Local governments are recognized as being parties to the performance contract when their community services board is a local government department, and a deadline is set for DMHMRSAS to review and sign contracts. Specific duties of DMHMRSAS are established for inclusion in the performance contract. Finally, a 90-day notice period for reduction in state-controlled funds is established. The bill contains technical amendments.
Patron - Wagner

C HB1390
Mental health; background checks. Provides exemptions to the barrier crimes for background checks for persons applying for employment in substance abuse treatment programs to allow persons to be hired who have been convicted of drug distribution, burglary or pandering, provided that the crimes occurred more than five years prior to the date of application for employment.
Patron - Christian

C HB1473
Temporary detention orders; physician or psychologist appeal. Provides that any physician or clinical psychologist whose recommendation for a temporary detention order on a person that he is treating is denied by a magistrate based on a negative evaluation by an employee of the local community services board or its designee may appeal such denial to a judge.
Patron - Hall

C SB491
Adult care residences; licensing. Transfers licensing responsibility from the Department of Social Services to the Department of Mental Health, Mental Retardation and Substance Abuse Services for adult care residences that admit 51 percent or more consumers. Consumer means a current or former direct recipient of public or private mental health, mental retardation or substance abuse treatment or habilitation services. The bill directs the State Board of Mental Health, Mental Retardation and Substance Abuse Services to promulgate emergency regulations to implement these provisions.
Patron - Lambert


© 2000 by the Division of Legislative Services.