General Assembly>Division of Legislative Services>Publications>Session Summaries>2008>Institutions for the Mentally Ill; Mental Health Generally


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Institutions for the Mentally Ill; Mental Health Generally

Passed

P HB401

Emergency custody; who may accept custody. Allows the law-enforcement agency transporting a person to a facility or location pursuant to an emergency custody order to transfer custody of the person to the facility or location if the facility or location (i) is licensed to provide the level of security necessary to protect the person and others from harm, (ii) is actually capable of providing this level of security, and (iii) has entered into an agreement with the law-enforcement agency setting forth the terms and conditions under which it will accept a transfer of custody. The facility or location may not require the law-enforcement agency to pay any fees or costs for the transfer of custody. This bill is identical to HB 81.
Patron - Hamilton

P HB499

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 HB 816, HB 1322, and HB 1491. This bill is identical to SB 246.
Patron - Hamilton

P HB559

ECO, TDO, involuntary commitment; criteria. Changes the criteria for emergency custody orders, temporary detention orders, involuntary commitment, and outpatient treatment, including how that criteria is applied to prisoners and juveniles, so that a person may be taken into custody, temporarily detained, involuntarily committed, or ordered to outpatient treatment if 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. This bill incorporates HB 1059 and HB 1237.
Patron - Bell

P HB560

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 or, if physical attendance is not practicable, to participate in the hearing through a two-way electronic video and audio or telephonic communication system. The bill also provides that the initial period of involuntary commitment shall be 30 days and allows for a subsequent order authorizing an additional period of 180 days. The bill also sets forth conditions for when a person may be ordered to mandatory outpatient treatment.
Patron - Bell

P HB576

Medical records; disclosure; safe harbor. 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. 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.
Patron - Watts

P HB583

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.
Patron - Marsden

P HB707

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.
Patron - Janis

P HB760

Replacing "mentally retarded" with "intellectual disability." Replaces the term "mentally retarded" with the term "person with intellectual disability" and replaces the term "mental retardation" with the term "intellectual disability" in the Code of Virginia. This bill contains a reenactment clause. This bill is identical to SB 620.
Patron - Caputo

P HB815

Mental health treatment; report to CCRE; restoration of rights to possess firearms. Codifies Executive Order 50, requiring information regarding involuntary admission to a facility or for mandatory outpatient treatment be forwarded to the Central Criminal Records Exchange for purposes of determining an individual's eligibility to possess, purchase, or transfer a firearm. The bill also makes substantive changes to who may possess, purchase, or transfer a firearm. In addition to those ordered to involuntary treatment pursuant to Title 37.2, the bill makes it illegal for a person found incompetent to stand trial and ordered to mental health treatment to possess or purchase a firearm. The bill also makes it illegal for a person who was the subject of a temporary detention order, and subsequently agreed to voluntarily admission for mental health treatment, to possess or purchase a firearm. Such person would be advised that agreeing to voluntary treatment would affect the person's right to possess or purchase a firearm. Finally, the bill revises the procedures for a person prohibited from possessing or purchasing a firearm because of an acquittal by reason or insantity, involuntary mental health treatment, or voluntary mental health treatment after a temporary detention order to restore his rights to purchase or possess a firearm. This bill incorporates HB 535, HB 657, HB 741, HB 835, HB 1054, HB 1168, HB 1475, and HB 1517. This bill is identical to SB 216.
Patron - Albo

P HB1144

Involuntary commitment hearings; factors to consider. Allows the magistrate, when considering whether to issue an emergency custody order or a temporary detention order, 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 relevant hearsay evidence, (v) any medical records available, (vi) any affidavits submitted, if the witness is unavailable and it so states in the affidavit, and (vii) any other information available that the magistrate deems relevant to the determination of whether to issue a temporary detention order. The bill also requires that the special justice, when considering a petition for involuntary commitment or mandatory outpatient treatment, shall consider items (i), (ii), (iii), (v), and (vii), as well as the examiner's certification and the preadmission screening report. This bill incorporates HB 737 and HB 1139.
Patron - Fralin

P HB1203

Mental health and substance abuse treatment providers; background checks. Allows community services boards and providers licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services to hire as a direct care employee in adult substance abuse or mental health treatment programs a person who has been convicted of a misdemeanor violation relating to assault and battery as long as such offenses were substantially related to substance abuse or mental illness and the applicant has been rehabilitated. This bill is identical to SB 381 (Martin).
Patron - Melvin

P HB1323

Temporary detention orders (TDOs); treating physicians. Requires a magistrate to issue TDOs upon the recommendation of any responsible person, any treating physician or upon his own motion after an in-person evaluation by an employee or designee of the local Community Services Board (CSB), where it appears from all of the evidence readily available that the person meets the criteria for a temporary detention order.
Patron - Toscano

P HB1354

Substance abuse services; applications for funding. Changes the review process for federal funding applications to be consistent with current practices. Only applications that are approved for federal funding must now be sent to the Department of Mental Health, Mental Retardation and Substance Abuse Services.
Patron - Ware, O.

P SB81

Emergency custody; who may accept custody. Allows the law-enforcement agency transporting a person to a facility or location pursuant to an emergency custody order to transfer custody of the person to the facility or location if the facility or location (i) is licensed to provide the level of security necessary to protect the person and others from harm, (ii) is actually capable of providing this level of security, and (iii) has entered into an agreement with the law-enforcement agency setting forth the terms and conditions under which it will accept a transfer of custody. The facility or location may not require the law-enforcement agency to pay any fees or costs for the transfer of custody. This bill incorporates SB 66. This bill is identical to HB 401.
Patron - Cuccinelli

P SB141

Discharge planning; release from state hospitals. Clarifies that a discharge plan prepared by the community services board for persons discharged from a state hospital or training facility shall identify the services that the person discharged will require upon release and the public or private entities that will provide the necessary services.
Patron - Edwards

P SB142

Involuntary commitment hearings; recordings. Requires that each hearing be recorded separately, so that no more than one hearing is recorded per tape or other recording.
Patron - Edwards

P SB246

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.
Patron - Howell

P SB297

Department of Veterans Services; mental health and rehabilitative services. Requires that the Department of Veterans Services, the Department of Mental Health, Mental Retardation and Substance Abuse Services and the Department of Rehabilitative Services to cooperate in establishing a program to monitor and coordinate mental health and rehabilitative services support for Virginia veterans and members of the Virginia National Guard and Virginia residents in the Armed Forces Reserves not in active federal service. This bill incorporates SB 304 and is identical to HB 475.
Patron - Puller

P SB336

Temporary detention orders; encryption of medical records not required. Provides that a health care provider or designee of a local community services board or behavioral health authority shall not be required to encrypt any email containing information or medical records provided to a magistrate unless there is reason to believe that a third party will attempt to intercept the email.
Patron - Cuccinelli

P SB381

Mental health and substance abuse treatment providers; background checks. Allows community services boards and providers licensed by the Department of Mental Health, Mental Retardation and Substance Abuse Services to hire as a direct care employee in adult substance abuse or mental health treatment programs a person who has been convicted of assault and battery, so long as such offense was substantially related to substance abuse or mental illness and the applicant has been rehabilitated. This bill is identical to HB 1203 (Melvin).
Patron - Martin

P SB620

Replacing "mentally retarded" and "mental retardation" with "intellectually disabled." Replaces the terms "mentally retarded" and "mental retardation" with the term "intellectual disability" throughout the Code of Virginia. This bill incorporates SB 687 and is identical to HB 760.
Patron - Ticer

Failed

F HB173

Execution of emergency custody orders; sheriffs. Provides that a magistrate issuing an emergency custody order or temporary detention order may designate either a jurisdiction's police department or sheriff to execute the order.
Patron - Ware, O.

F HB256

Involuntary outpatient commitment; five day review of compliance. Requires the community services board designated to monitor compliance with an order for involuntary outpatient commitment to contact the person who is the subject of the order for involuntary outpatient commitment five days after the order for involuntary outpatient treatment is entered, to determine whether the person has complied with the order, and to identify and take all reasonable steps to resolve issues that may have resulted in noncompliance. Thereafter, the community services board, behavioral health authority, or designated provider shall continue to monitor the person's compliance with the treatment ordered by the court.
Patron - Fralin

F HB257

Jury trial in violent sexual predator determination proceedings. Provides that a court may require the empanelment of a jury in violent sexual predator determination proceedings when no demand is made by either party for a trial by jury.
Patron - Fralin

F HB258

Voluntary commitment as sexually violent predator. Allows a judge, after a probable cause hearing to determine a person's status as a sexually violent predator, for purposes of indeterminate commitment, inquire of the respondent if he acknowledges that he is a sexually violent predator as defined in § 37.2-900 and if he is therefore willing to submit to commitment and treatment without proceeding to trial for such a determination. If the respondent so acknowledges and so submits, the court shall proceed as if a determination that he is a sexually violent predator had been made at trial.
Patron - Fralin

F HB267

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

F HB706

Temporary detention order; transportation to a medical facility for assessment. Allows a magistrate to issue a temporary detention order, without a face-to-face evaluation, for the purposes of transportation to a medical facility for assessment.
Patron - Janis

F HB737

Independent examiner; records to be reviewed. Requires that the independent examiner review, at a minimum, the medical records of the person who is the subject of an involuntary commitment hearing, the prescreening report, and any other relevant, readily accessible reports, records, and evidence related to the person who is the subject of an involuntary commitment hearing, prior to conducting an examination. This bill also requires that the independent examiner certify at the hearing that he has reviewed the medical records of the person who is the subject of an involuntary commitment hearing, the prescreening report, and all other relevant, readily accessible reports, records, and evidence related to the person who is the subject of the hearing. This bill has been incorporated into HB 1144.
Patron - Caputo

F HB765

Relating to payment of cost of transportation under emergency custody order or temporary detention order. Adds provision that the cost of transportation of a person pursuant to an emergency custody order or temporary detention order shall be paid by the Commonwealth from the same funds as for care in jail.
Patron - Tata

F HB782

Mental health records; disclosure. Mandates disclosure of the subject of an involuntary commitment procedure's records to any magistrate, court, mental health examiner, community services board, or behavioral health authority, or law-enforcement officer involved in the proceeding, and provides civil immunity for the health entities making such disclosure. Also requires public colleges and universities to develop policies designating campus law-enforcement and health center employees as school officials with an educational interest in school records, for the purpose of facilitating disclosure under the Family and Educational Privacy Rights Act.
Patron - Kilgore

F HB816

Outpatient treatment; compliance; medication. Provides that the community services board, behavioral health authority, or designated provider charged with monitoring a person's compliance with an involuntary outpatient treatment order shall report any material noncompliance, including a failure to take medication, with that order to the judge or special justice. Upon receipt of a report of material noncompliance, the judge or special justice shall issue a temporary detention order and then proceed to hold an involuntary commitment hearing, as a result of which the court may revoke outpatient treatment and order the person's involuntary commitment. This bill was incorporated into HB 499.
Patron - Albo

F HB937

Disclosure of medical information; outpatient treatment noncompliance. Clarifies that health care providers who are treating a person under an outpatient treatment order may disclose information, including heath records of the patient, to determine the person's compliance with the treatment order.
Patron - Gilbert

F HB938

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.
Patron - Gilbert

F HB939

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.
Patron - Gilbert

F HB948

Legal fees and expenses for community services board employees. Allows an employee of a community services board who is arrested, indicted or otherwise prosecuted on any charge arising out of any act committed in the discharge of his official duties, against whom the charge is subsequently dismissed or in whose case a verdict of not guilty is subsequently rendered, to request and receive payment for all or a portion of the legal fees and expenses incurred in defending the charge from the community services board by which he is employed.
Patron - Iaquinto

F HB1006

Evidence in emergency custody order and temporary detention order hearings. Clarifies that a magistrate may consider any past actions of the person, past mental health treatment of the person, medical records, hearsay evidence, any affidavits submitted, or any other relevant information when deciding whether to issue an emergency custody order or temporary detention order.
Patron - Bell

F HB1041

Sexually violent predators; penalties. Revises provisions relating to the civil commitment and conditional release process. This bill imposes a Class 6 felony for absconding from custody or failing to return to the Commonwealth in violation of a court order.
Patron - Griffith

F HB1059

Involuntary commitment; criteria. Changes the criteria for emergency custody orders, temporary detention orders, and involuntary commitment so that a person may be taken into emergency custody, placed under temporary detention, or involuntarily committed where it is found that (i) the person has a mental illness, and (ii) there exists a substantial likelihood that, as a result of that mental illness, the person will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm, or (b) suffer serious harm due to substantial deterioration of his capacity to protect himself from harm or to provide for his basic human needs. This bill has been incorporated into HB 559.
Patron - Amundson

F HB1138

Representation of petitioner during civil commitment hearing; Commonwealth's attorney. Provides that a petitioner during a civil commitment hearing shall be represented by an attorney from the local Commonwealth's attorney's office.
Patron - Fralin

F HB1139

Consideration of the preadmission screening report. Requires the judge or special justice to consider the written prescreening report, even if the community services board or behavioral health authority representative presents the report orally at the hearing. This bill has been incorporated into HB 1144.
Patron - Fralin

F HB1146

Medical records; disclosure; magistrate or independent examiner. Allows persons involved in the civil commitment process to access the medical records of the person who is the subject of the civil commitment process.
Patron - Fralin

F HB1322

Outpatient orders; compliance; oversight. Specifies that the court shall determine the specific course of treatment for outpatient treatment orders, and the community service board (CSB), the behavioral health authority (BHA), or a designated service provider shall notify the court of noncompliance. Also states that the clerk shall certify the order and send a copy of the same to the CSB, BHA, designated service provider, and the person who is the subject of the order. This bill was incorporated into HB 499.
Patron - Toscano

F HB1324

Mental health records; mandatory sharing. Requires mental health care providers to share the medical information of persons, including juveniles and incarcerated persons, who are being examined pursuant to the civil commitment process with magistrates, courts and others involved in the evaluation of the person. This bill was incorporated into HB 576.
Patron - Toscano

F HB1491

Temporary detention orders; duration. Provides that the duration of temporary detention shall not exceed 96 hours. This bill has been incorporated into HB 499.
Patron - Nutter

F HB1517

Temporary detention orders; voluntary and involuntary mental health treatment; purchase of firearms; reporting to Central Criminal Records Exchange. Prohibits a person who is the subject of a temporary detention order and subsequently agrees to voluntary admission to a mental health facility from purchasing or possessing a firearm. The bill also clarifies existing law that prohibits a person who has been involuntarily committed to inpatient treatment or who is ordered to involuntary outpatient treatment from purchasing or possessing a firearm. This bill has been incorporated into HB 815.
Patron - Marsden

F SB58

Emergency custody order; renewal. Allows a single, four-hour extension of an emergency custody order upon a finding by a magistrate that good cause exists for such an extension.
Patron - Howell

F SB59

Community services board; attend all hearings. Requires that an employee of the community services board that prepared the preadmission screening report attend the involuntary commitment hearing. The bill provides that where in person attendance is not practicable, attendance may be by electronic means. Further it provides that where the hearing is held in the jurisdiction of another community services board, an employee of the community services board serving that jurisdiction may attend on behalf of the community services board that prepared the preadmission screening report.
Patron - Howell

F SB60

Involuntary commitment; criteria. Changes the criteria for emergency custody orders, temporary detention orders, and involuntary commitment so that a person may be taken into emergency custody, placed under temporary detention, or involuntarily committed where it is found that (i) the person has a mental illness, and (ii) there exists a substantial likelihood that, as a result of that mental illness, the person will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm, or (b) suffer serious harm due to substantial deterioration of his capacity to protect himself from harm or to provide for his basic human needs.
Patron - Howell

F SB64

Community services boards; core services. Adds crisis stabilization, outpatient, respite, in-home, and residential and housing services to the list of core services required to be provided by community services boards.
Patron - Howell

F SB66

Emergency custody; who may accept custody. Allows the location to which a person is transported pursuant to an emergency custody order to accept custody of the person where (i) the location is licensed to provide the level of security necessary to protect the person and others from harm, (ii) the location is actually able to provide the level of security necessary to protect the person and others from harm, and (iii) the location is willing to accept custody of the person. This bill has been incorporated into SB 81.
Patron - Howell

F SB75

Community services board; attend all hearings. Requires that an employee of the community services board that prepared the preadmission screening report attend the involuntary commitment hearing. The bill provides that where in person attendance is not practicable, attendance may be by electronic means. Further it provides that where the hearing is held in the jurisdiction of another community services board, an employee of the community services board serving that jurisdiction may attend on behalf of the community services board that prepared the preadmission screening report. This bill has been incorporated into SB 246.
Patron - Cuccinelli

F SB78

Examination by independent examiner; time frame. Requires that the examination of a person who is the subject of an involuntary commitment hearing be completed within 48 hours of the execution of the temporary detention order but sufficiently in advance of the hearing so as to ensure sufficient time for a thorough examination. This bill has been incorporated into SB 246.
Patron - Cuccinelli

F SB79

Independent examiner, records to be reviewed. Requires that the independent examiner review, at minimum, the medical records of the person who is the subject of an involuntary commitment hearing, the prescreening report, and any other relevant, readily accessible reports, records and evidence related to the person who is the subject of an involuntary commitment hearing, prior to conducting an examination. This bill also requires that the independent examiner certify at the hearing that he has reviewed the medical records of the person who is the subject of an involuntary commitment hearing, the prescreening report, and all other relevant, readily accessible reports, records and evidence related to the person who is the subject of the hearing. This bill has been incorporated into SB 246.
Patron - Cuccinelli

F SB80

Involuntary commitment; electronic examination by independent examiner. Requires that all examinations be conducted in person unless the examination cannot be completed within 48 hours of the issuance of the temporary detention order, in which case the examination may be made via electronic means. This bill has been incorporated into SB 246.
Patron - Cuccinelli

F SB96

Involuntary commitment hearings; confidentiality of records. Clarifies that recordings of any involuntary commitment hearing shall be held by the clerk of the general district court where the hearing is held, and that all recordings and records of such hearings shall be confidential, unless such confidentiality is waived, in a signed writing, by the subject of such a hearing. The bill provides that the dispositional order of such hearing may be made available by court order, if such disclosure is in the best interest of the subject of the hearing or the public. The bill also directs the judge or special justice to order that copies of the relevant records of the person be released to (i) the facility in which he is placed; (ii) the community services board or behavioral health authority of the jurisdiction where the person resides or which is ordered to monitor any mandatory outpatient treatment order; (iii) any treatment providers identified in a treatment plan incorporated into any mandatory outpatient treatment order; and (iv) any other treatment providers or entities. This bill has been incorporated into SB 246.
Patron - Lucas

F SB97

Mental health records; disclosure. Mandates disclosure of the subject of an involuntary commitment procedure's health records to any magistrate, court, mental health examiner, community services board or behavioral health authority, or law-enforcement officer involved in the proceeding, whether the proceeding involves a minor, a criminal defendant, or other individual. This bill has been incorporated into SB 246.
Patron - Lucas

F SB101

Emergency custody order; renewal. Allows a single, four-hour extension of an emergency custody order upon a finding by a magistrate that good cause exists for such an extension. This bill has been incorporated into SB 246.
Patron - Cuccinelli

F SB102

Three-tiered system of transportation. Establishes a three-tiered system of transportation for persons under an emergency custody order, temporary detention order, or involuntary commitment order.
Patron - Cuccinelli

F SB103

Independent examiner's report; admissibility of written certification. States that the written certification of an independent examiner shall be admissible, despite objections to its admissibility if the independent examiner is either present at the hearing in person or is electronically available. This bill has been incorporated into SB 246.
Patron - Cuccinelli

F SB104

Outpatient treatment; compliance. Provides that the community services board, behavioral health authority, or designated provider charged with monitoring a person's compliance with an involuntary outpatient treatment order shall report any material noncompliance with that order to the judge or special justice. Upon receipt of a report of material noncompliance, the judge or special justice shall issue a temporary detention order and then proceed to hold an involuntary commitment hearing, as a result of which the court may revoke outpatient treatment and order the person's involuntary commitment. This bill has been incorporated into SB 246.
Patron - Cuccinelli

F SB106

Involuntary commitment criteria; outpatient treatment. Changes the criteria for determining when outpatient treatment may be ordered for a person whose involuntary commitment is sought. The new criteria would be that the person has a mental illness and, as a result of that mental illness, (i) there is a substantial likelihood that in the near future he will cause serious physical harm to himself or another person as evidenced by recent behavior causing, attempting, or threatening such harm, (ii) there is a substantial likelihood that in the near future he will suffer serious harm due to substantial deterioration of his capacity to protect himself from such harm or to provide for his basic human needs, or (iii) he is unable to comprehend the nature of his illness or the need for treatment, is experiencing a substantial impairment of his judgment, reasoning, or behavior, and will, if not treated, suffer or continue to suffer a substantial deterioration in his previous ability to function in the community. Currently, the criteria for involuntarily committing a person to inpatient or outpatient treatment is the same.
Patron - Cuccinelli

F SB129

Involuntary commitment; criteria. Changes the criteria for emergency custody orders, temporary detention orders, and involuntary commitment so that a person may be taken into emergency custody, placed under temporary detention, or involuntarily committed where it is found that (i) the person has a mental illness and (ii) there exists a substantial likelihood that, as a result of that mental illness, the person will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm or (b) suffer serious harm due to substantial deterioration of his capacity to protect himself from harm or to provide for his basic human needs. The bill also changes the criteria for the involuntary commitment of criminal defendants prior to trial, after conviction but before sentencing, and after sentencing to conform with clause (i) and (ii) (a) discussed above. This bill has been incorporated into SB 246.
Patron - Cuccinelli

F SB139

Community services board; attend all hearings. Requires that an employee of the community services board that prepared the preadmission screening report attend the involuntary commitment hearing. The bill provides that where in person attendance is not practicable, attendance may be by electronic means. Further it provides that where the hearing is held in the jurisdiction of another community services board, an employee of the community services board serving that jurisdiction may attend on behalf of the community services board that prepared the preadmission screening report. This bill has been incorporated into SB 246.
Patron - Edwards

F SB140

Training of persons conducting independent examinations. Requires the Department of Mental Health, Mental Retardation and Substance Abuse Services to develop and implement a program for the training of persons conducting independent examinations and requires persons to be certified as having completed the training program before conducting independent examinations. This bill has been incorporated into SB 246.
Patron - Edwards

F SB143

Temporary detention order; extend time period. Extends the duration of a temporary detention order to 96 hours.
Patron - Edwards

F SB144

Involuntary commitment; criteria. Changes the criteria for emergency custody orders, temporary detention orders, and involuntary commitment so that a person may be taken into emergency custody, placed under temporary detention, or involuntarily committed where it is found that (i) the person has a mental illness, and (ii) there exists a substantial likelihood that, as a result of that mental illness, the person will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm, or (b) suffer serious harm due to substantial deterioration of his capacity to protect himself from harm or to provide for his basic human needs. This bill has been incorporated into SB 246.
Patron - Edwards

F SB214

Special justices; training. Provides that all special justices, upon their appointment or reappointment, are required to complete the minimum training program prescribed by the Executive Secretary of the Supreme Court. Currently, only special justices who are appointed on or after January 1, 1996, are required to complete this program. The bill also requires all special justices to complete annually six hours of continuing legal education directly related to their duties. Such education is to be developed or approved by the Executive Secretary and shall be considered an approved Continuing Legal Education course for the purposes of the Mandatory Continuing Legal Education Rule of the Supreme Court of Virginia.
Patron - Edwards

F SB217

Involuntary commitment; independent examination. Provides that a health care entities may shall disclose records to independent examiners conducting examinations of a person who is the subject of an involuntary commitment order. This bill also clarifies that a person who is subject to a temporary detention order shall be given a thorough psychological evaluation, including a substance abuse screening and that the independent evaluator shall review the person's medical records including records of any previous psychological evaluations, prior to conducting the evaluation. This bill has been incorporated into SB 246.
Patron - Edwards

F SB220

Monitoring of compliance with outpatient treatment order. Provides that the community services board or behavioral health authority that serves the city or county in which a person subject to an outpatient treatment order resides shall develop an outpatient treatment plan, which shall identify the community services board, behavioral health authority, or other provider designated to monitor the person's compliance with the order. This bill also provides that upon receiving notification of noncompliance with the order, the court shall issue a show cause order regarding the person's noncompliance with the order and may amend the involuntary outpatient treatment order or revoke the outpatient treatment order. This bill has been incorporated into SB 246.
Patron - Edwards

F SB255

Involuntary mental health treatment; possession of firearms. Allows a judge or special justice who issues an order for involuntary admission to a facility or involuntary outpatient treatment to also order that any firearms be removed from the possession of the person subject to the order.
Patron - Deeds

F SB273

Emergency custody orders, temporary detention orders, and involuntary admissions. Eliminates the requirement that an individual pose an imminent danger to himself or others; adds a requirement that handcuffs or other restraints may be used during transportation only if the person is deemed to be a danger to himself or others; and adds a requirement that the testimony of family members, friends, treating or examining physicians, or other individuals with a knowledge of the person's mental or emotional state be considered prior to the ordering of an emergency custody order, temporary detention order, or order for involuntary admission. This bill has been incorporated into SB 246.
Patron - Deeds

F SB304

Veterans Services; mental health program. Requires the Commissioner of Veterans Services to develop, in cooperation with the Department of Mental Health, Mental Retardation and Substance Abuse Services, a strategy for coordinating the various programs that address the unique mental health needs of veterans, including post-traumatic stress disorder and traumatic brain injuries, and to seek additional federal, state, and private sources of funding for such programs. This bill was incorporated into SB 297.
Patron - Houck

F SB333

Independent examiners; dismissal of involuntary commitment petitions. Provides that an independent examiner who examines a person prior to an involuntary commitment hearing may authorize the release of such person if he concludes there is not probable cause to believe that the person (i) presents an imminent danger to himself or others as a result of mental illness or is so seriously mentally ill as to be substantially unable to care for himself and (ii) requires involuntary inpatient treatment. If the person's release is authorized, the judge or special justice shall enter an order dismissing the petition for involuntary commitment. The bill also provides that independent examiners are immune for any act or omission in the performance of their duties, except in the case of willful misconduct.
Patron - Cuccinelli

F SB335

Voluntary outpatient treatment. Provides the option for voluntary outpatient treatment prior to the commitment hearing if a special justice or judge can ascertain whether or not (i) there is appropriate treatment for the person's condition, (ii) the service providers agree to provide the services necessary, and (iii) the person has sufficient capacity to understand and adhere to the treatment plan. Also provides that the person would have to sign an agreement and that such agreement would be admissible at any subsequent commitment hearing.
Patron - Cuccinelli

F SB341

Temporary detention order; hearing. Provides that a hearing on an involuntary temporary detention order shall be held no sooner than 24 hours and no later than 72 hours from the time of the issuance of the order. Currently, such hearings are to be conducted within 48 hours from the time of the issuance of the order. This bill has been incorporated into SB 246.
Patron - Cuccinelli

F SB687

Replacing "mentally retarded" with "intellectually disabled." Replaces the term "mentally retarded" with the term "intellectually disabled" and replaces the term "mental retardation" with the term "intellectual disability" throughout the Code of Virginia. This bill was incorporated into SB 620.
Patron - Howell

F SB769

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. This bill has been incorporated into SB 246.
Patron - Hurt

Carried Over

C HB751

Involuntary hearing results; accessibility by colleges and universities. Allows colleges and universities to access the outcome of an involuntary commitment hearing by making a motion to the court.
Patron - Peace

C SB177

Mental health; assisted outpatient treatment. Establishes a program of assisted outpatient treatment for the severely mentally ill. The bill authorizes assisted outpatient treatment for persons previously hospitalized due to noncompliance with prescribed psychiatric treatment, who would be likely to meet the criteria for inpatient commitment without treatment. The bill requires that a specific written treatment plan be prepared by the community services board that gives consideration to the treatment preferences of the individual and explicitly bars the forcible administration of medication. The bill also authorizes a magistrate to issue a temporary detention order for an individual who fails to comply with an outpatient treatment order without good cause. The bill limits the duration of the court order to 180 days or less, and provides the person with procedural protections, including the right to an adversary hearing, the right to counsel, the right to an appeal, and the right to a jury trial on appeal.
Patron - Marsh

C SB274

Involuntary commitment; transfer to outpatient treatment. Provides that the director of any facility in which a person subject to an involuntary commitment order is detained may petition the judge or special justice to order the person transferred to involuntary outpatient treatment if the director concludes that the person satisfies the criteria for outpatient treatment and that the person's mental illness would be more effectively treated in such an environment. Any petition for such a transfer must be accompanied by an affidavit from a psychiatrist or psychologist stating that he had personally examined the committed person within the five days preceding the filing of the petition and that he recommends the person be transferred to outpatient treatment. Upon receipt of a petition to transfer, the court judge or special justice shall proceed to hold a commitment hearing within 10 days.
Patron - Cuccinelli

C SB429

Opiate addiction treatment providers; daily service fee. Requires that any licensed provider of treatment for persons with opiate addiction shall pay a daily service fee of not greater than 1.5 percent of each consumer's daily dosing fee. The provider shall be responsible for calculating and collecting the fee, and on a quarterly basis, forwarding the collected fees to the Department.
Patron - Lucas

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