Top Legislation - View All
Latest Action: 02/21/2008 - Passed by indefinitely in Education and Health Bill Text
Summary as passed House: Parental notification of minor's mental health treatment. Requires any employee or designee of any community services board or behavioralhealth authority, or any other state or local employee other than an employeeof a local school board who provides mental health treatment to a minor tonotify the minor's parent, legal guardian, or person standing in loco parentisof the provision of services within five days of the provision of services,unless the employee or designee of the community services board or behavioralhealth authority or other state or local employee providing mental healthtreatment determines that, in their professional judgment, notice to theparent, guardian, or person standing in loco parentis would be reasonablylikely to cause substantial harm to the minor or another person.
Latest Action: 01/21/2008 - Stricken from docket by Courts of Justice by voice vote Bill Text
Execution of emergency custody orders; sheriffs. Provides that a magistrate issuing an emergency custody order ortemporary detention order may designate either a jurisdiction's policedepartment or sheriff to execute the order.
Latest Action: 02/12/2008 - Left in Courts of Justice Bill Text
Involuntary outpatient commitment; five day review of compliance.Requires the community services board designated to monitor compliance with anorder for involuntary outpatient commitment to contact the person who is thesubject of the order for involuntary outpatient commitment five days after theorder for involuntary outpatient treatment is entered, to determine whether theperson has complied with the order, and to identify and take all reasonablesteps to resolve issues that may have resulted in noncompliance. Thereafter,the community services board, behavioral health authority, or designatedprovider shall continue to monitor the person's compliance with the treatmentordered by the court.
Latest Action: 02/12/2008 - Left in Courts of Justice Bill Text
Jury trial in violent sexual predator determination proceedings.Provides that a court may require the empanelment of a jury in violentsexual predator determination proceedings when no demand is made by eitherparty for a trial by jury.
Latest Action: 02/12/2008 - Left in Courts of Justice Bill Text
Voluntary commitment as sexually violent predator. Allows a judge, after a probable cause hearing to determine aperson's status as a sexually violent predator, for purposes of indeterminatecommitment, inquire of the respondent if he acknowledges that he isa sexually violent predator as defined in § 37.2-900 and if he istherefore willing to submit to commitment and treatment without proceedingto trial for such a determination. If the respondent so acknowledgesand so submits, the court shall proceed as if a determination thathe is a sexually violent predator had been made at trial.
Latest Action: 02/28/2008 - Passed by in Courts of Justice with letter Bill Text
Summary as passed House: Involuntary commitment; indigent petitioner;right to counsel. States that, upon a finding that a petitioneris indigent, the court shall appoint the petitioner counsel.
Latest Action: 03/09/2008 - Signed by President Bill Text
Summary as passed House: Emergency custody; who may accept custody. Allows thelaw-enforcement agency transporting a person to a facility or location pursuantto an emergency custody order to transfer custody of the person to the facilityor location if the facility or location (i) is licensed to provide the level ofsecurity necessary to protect the person and others from harm, (ii) is actuallycapable of providing this level of security, and (iii) has entered into anagreement with the law-enforcement agency setting forth the terms andconditions under which it will accept a transfer of custody. The facility orlocation may not require the law-enforcement agency to pay any fees or costsfor the transfer of custody. This bill is identical to SB 81.
Latest Action: 09/24/2008 - Noes 1.) Re-referred to Com. on B. & P. Bill Text
Summary as passed: Department of Veterans Services; mental health and rehabilitativeservices. Requires that the Department of Veterans Services, the Departmentof Mental Health, Mental Retardation and Substance Abuse Services and theDepartment of Rehabilitative Services cooperate in establishing a program tomonitor and coordinate mental health and rehabilitative services support forVirginia veterans and members of the Virginia National Guard and Virginiaresidents in the Armed Forces Reserves not in active federal service. HB 1064incorporated into this bill and this bill is identical to SB 297.
Latest Action: 09/21/2008 - & I. From committee: That the Assembly amendments be Bill TextSummary as passed: Involuntary commitment; outpatient treatment; etc. Changesthe criteria for emergency custody orders, temporary detention orders, andinvoluntary commitment proceedings, including how that criteria is applied toprisoners and juveniles, so that a person may be taken into emergency custody,placed under temporary detention, or involuntarily committed where it is foundthat the person has a mental illness and there exists a substantial likelihoodthat, 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 recentbehavior causing, attempting, or threatening harm and other relevantinformation, if any, or (ii) suffer serious harm due to his lack of capacity toprotect himself from harm or to provide for his basic human needs. The billalso provides that a person who meets the criteria for involuntary commitmentmay be ordered to mandatory outpatient treatment if less restrictivealternatives to involuntary [...] show full description
Latest Action: 01/25/2008 - Referred from Militia, Police and Public Safety Bill Text
Involuntary mental health treatment; purchaseof firearms; reporting to Central Criminal Records Exchange. Clarifiesthat orders for both involuntary inpatient and outpatient mental healthtreatment must be forwarded by the clerk of court to the Central CriminalRecords Exchange, and that persons ordered to either involuntary inpatientor outpatient treatment are prohibited from purchasing, possessing,or transporting a firearm. This bill codifies Executive Order 50 (2007).This bill has been incorporated into HB 815.
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Latest Legislation - View All
Latest Action: 02/19/2008 - Continued to 2009 in Health, Welfare and Institutions by voice vote Bill Text
Opiate addiction treatment providers; daily service fee.Requires that any licensed provider of treatment for persons with opiateaddiction shall pay a daily service fee of not greater than 1.5 percent of eachconsumer's daily dosing fee. The provider shall be responsible for calculatingand collecting the fee, and on a quarterly basis, forwarding the collected feesto the Department.
Latest Action: 03/11/2008 - Signed by President Bill Text
Temporary detention orders; encryption of medical recordsnot required. Provides that a health care provider or designee of a localcommunity services board or behavioral health authority shall not be requiredto encrypt any email containing information or medical records provided to amagistrate unless there is reason to believe that a third party will attempt tointercept the email.
Latest Action: 01/28/2008 - Passed by in Courts of Justice with letter Bill Text
Voluntary outpatient treatment. Provides the optionfor voluntary outpatient treatment prior to the commitment hearing if a specialjustice or judge can ascertain whether or not (i) there is appropriatetreatment for the person's condition, (ii) the service providers agree toprovide the services necessary, and (iii) the person has sufficient capacity tounderstand and adhere to the treatment plan. Also provides that the personwould have to sign an agreement and that such agreement would be admissible atany subsequent commitment hearing.
Latest Action: 01/28/2008 - Passed by in Courts of Justice with letter Bill Text
Independent examiners; dismissal of involuntary commitmentpetitions. Provides that an independent examiner who examines a personprior to an involuntary commitment hearing may authorize the release of suchperson 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 mentalillness or is so seriously mentally ill as to be substantially unable to carefor himself and (ii) requires involuntary inpatient treatment. If the person'srelease is authorized, the judge or special justice shall enter an orderdismissing the petition for involuntary commitment. The bill also provides thatindependent examiners are immune for any act or omission in the performance oftheir duties, except in the case of willful misconduct.
Latest Action: 01/28/2008 - Continued to 2009 in Courts of Justice Bill Text
Involuntary commitment; transfer to outpatient treatment.Provides that the director of any facility in which a person subject to aninvoluntary commitment order is detained may petition the judge or specialjustice to order the person transferred to involuntary outpatient treatment ifthe director concludes that the person satisfies the criteria for outpatienttreatment and that the person's mental illness would be more effectivelytreated in such an environment. Any petition for such a transfer must beaccompanied by an affidavit from a psychiatrist or psychologist stating that hehad personally examined the committed person within the five days preceding thefiling of the petition and that he recommends the person be transferred tooutpatient treatment. Upon receipt of a petition to transfer, the court judge orspecial justice shall proceed to hold a commitment hearing within 10 days.
Latest Action: 02/13/2008 - Continued to 2009 in Finance Bill Text
Mental health; assisted outpatient treatment. Establishesa program of assisted outpatient treatment for the severely mentally ill. Thebill authorizes assisted outpatient treatment for persons previouslyhospitalized due to noncompliance with prescribed psychiatric treatment, whowould be likely to meet the criteria for inpatient commitment without treatment.The bill requires that a specific written treatment plan be prepared by thecommunity services board that gives consideration to the treatment preferencesof the individual and explicitly bars the forcible administration ofmedication. The bill also authorizes a magistrate to issue a temporarydetention order for an individual who fails to comply with an outpatienttreatment order without good cause. The bill limits the duration of the courtorder 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 toan appeal, and the right to a jury trial on appeal.
Latest Action: 01/28/2008 - Passed by in Courts of Justice with letter Bill Text
Temporary detention order; extend time period. Extendsthe duration of a temporary detention order to 96 hours.
Latest Action: 03/11/2008 - Signed by President Bill Text
Involuntary commitment hearings; recordings. Requiresthat each hearing be recorded separately, so that no more than one hearing isrecorded per tape or other recording.
Latest Action: 02/06/2008 - Incorporated by Finance Bill Text
Training of persons conducting independent examinations.Requires the Department of Mental Health, Mental Retardation and SubstanceAbuse Services to develop and implement a program for the training of persons conductingindependent examinations and requires persons to be certified as havingcompleted the training program before conducting independent examinations. Thisbill has been incorporated into SB 246 (Howell).
Latest Action: 01/28/2008 - Incorporated by Courts of Justice Bill Text
Community services board; attend all hearings. Requires that an employee of the community services board that preparedthe preadmission screening report attend the involuntary commitmenthearing. The bill provides that where in person attendance is notpracticable, attendance may be by electronic means. Further it providesthat where the hearing is held in the jurisdiction of another communityservices board, an employee of the community services board servingthat jurisdiction may attend on behalf of the community services boardthat prepared the preadmission screening report. This bill has beenincorporated into SB 246.
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