Virginia Legislative Watch 2009 Archived Page
2009 Session convenes January 14, 2009
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Bills regarding Campus Safety and Security, and Mental Health
By tracking the bills, we will be able to see to what committees bills are assigned, who is patroning and co-patroning the bills and how our legislators vote.
Bills filed as of January 14, 2009: House; Senate
Campus Safety and Security
HB 1664: State Council of Higher Education for Virginia; duties (Robert Tata). Eliminates the requirement that the State Council of Higher Education for Virginia must develop and revise, as it deems necessary, a model institutional crisis and emergency management plan for the purpose of assisting public and private two- and four-year institutions of higher education in establishing, operating, and maintaining emergency services and disaster preparedness activities.
HB 1750: Campus police; report of certain incidents to local law-enforcement agency (Charles W. Carrico, Sr.). Requires the chief of the campus police department of a public institution of higher education to notify the Virginia State Police after any incident involving a shooting has occurred on campus. Upon notification, the Virginia State Police may, at the request of the campus police, assume responsibility for leading the investigation with cooperation from the institution of higher education.
Mental Health
HB 2060: Mental health law revisions (Patron: Phillip A. Hamilton). Amends mental health statutes to address issues resulting from the overhaul of mental health laws during the 2008 Session. This bill clarifies requirements that law-enforcement initiated emergency custody remains subject to the four hour limit and two hour extension provisions; clarifies that the employee or designee of the community services board attending a commitment hearing need not be the person who prepared the prescreening report, and that neither the employee or designee of the community services board attending a commitment hearing nor the independent examiner who attends the commitment hearing shall be excluded pursuant to an order of sequestration of the witnesses; clarifies that the prescreening report shall be admitted into evidence and made part of the record of the case; and extends the CCRE reporting requirement to close of business on the next business day following the hearing resulting in involuntary commitment. This bill has an emergency clause.
HB 2061: Psychiatric Inpatient Treatment of Minors Act; outpatient treatment; etc. (Patron: Phillip A. Hamilton). Provides that a person who meets the criteria for involuntary commitment under the Psychiatric Inpatient Treatment of Minors Act may be ordered to mandatory outpatient treatment if less restrictive alternatives to involuntary inpatient treatment are appropriate and are available and the minor and his parents have the capacity to understand the stipulations of the minor's treatment and to comply with such outpatient treatment and that they have agreed to abide by the treatment plan. The bill also sets forth how such mandatory outpatient treatment will be monitored and how a minor's noncompliance with such treatment will be addressed. The bill also clarifies that the commitment criteria for minors, and not the criteria for adults, apply when the emergency admission of a minor is sought under the procedures for the emergency admission of an adult set forth in Article 4 (§ 37.2-808 et seq.) of Chapter 8 of Title 37.2. The bill also provides that a minor who has been properly detained by a juvenile and domestic relations court may petition for voluntary admission and treatment of mental illness. Currently, such detained minors may not voluntarily seek admission. The bill further requires that if a minor is in a detention home or shelter care facility when admitted to a mental health facility, the director of the detention home or shelter care facility or his designee shall provide, if available, certain information relating to the minor to the mental health facility and to the juvenile and domestic relations district court for the jurisdiction in which the facility is located if such court is different than the court that placed the minor in detention or shelter care. The bill also clarifies under what circumstances the qualified evaluator who examined the minor must attend the minor's hearing and under what circumstances the evaluator's report is admissible.
HB 2062: Mental health; admission to a facility by an agent or guardian (Patron: Phillip A. Hamilton). Allows an agent appointed in an advance directive or a guardian to admit an incapacitated person to a mental health facility for no more than 10 calendar days if (i) prior to admission, a physician on the staff of or designated by the proposed admitting facility examines the person and states, in writing, that the person (a) has a mental illness, (b) is incapable of making an informed decision regarding admission, and (c) is in need of treatment in a facility; (ii) the proposed admitting facility is willing to admit the person; and, either (iii) the person has executed an advance directive in accordance with the Health Care Decisions Act (§ 54.1-2981 et seq.) authorizing the agent to consent to his admission to a facility and he is not protesting such admission; or (iv) the guardianship order specifically authorizes the guardian to consent to the admission of such person to a facility.
HB 2300: Department of Mental Health, Mental Retardation and Substance Abuse Services; name change (Patron: C. Charles Caputo). Changes the name of the Department, Board, Inspector General, and Commissioner of Mental Health, Mental Retardation and Substance Abuse Services to the Department, Board, Inspector General, and Commissioner of Behavioral Health and Developmental Services. This bill also makes technical amendments.
HB 2459: Consumers; right to notify (Patron: John M. O'Bannon, III). Provides that a consumer in a mental health facility shall have the opportunity to have an individual of his choosing notified of his general condition, location, and transfer to another facility.
HB 2460: Transportation of person under emergency custody order (Patron: John M. O'Bannon, III). Provides for transportation of a person under an emergency custody order, temporary detention order, or involuntary commitment order by a family member or friend, representative of the community services board, or other alternative transportation provider with staff trained to provide transportation in a safe manner.
HB 2461: Notification of family member of person involved in commitment process (Patron: John M. O'Bannon, III). Authorizes disclosure of information regarding a patient's location and general condition to a family member or personal representative of the person.
Mental Health
SB 822: Autopsy reports; release to mental health facilities (Patron: Ken T. Cuccinelli, II). Clarifies that programs at mental health facilities, community services boards, and behavioral health authorities are included among the health facility quality assurance programs that are authorized to receive autopsy reports.
SB 823: Transportation of person under emergency custody, temporary detention, or involuntary commitment order (Patron: Ken T. Cuccinelli, II). Allows a person under an emergency custody order, temporary detention order, or involuntary commitment order to be transported by a family member; friend; representative of the community services board; health care provider; representative of the facility at which the person will be examined, detained, or admitted; or other transportation provider with personnel trained to provide transportation in a safe manner, upon a finding that such transportation is appropriate. This bill provides that, when making a decision regarding the appropriate transportation of a person under an emergency custody order, temporary detention order, or involuntary commitment order, the magistrate, judge, or special justice shall consider information provided by the community services board or its designee; the local law-enforcement agency, if involved; the petitioner; the person's treating physician; and others with knowledge of the person to be transported.
SB 825: Involuntary commitment hearings; law students (Patron: Ken T. Cuccinelli, II). Provides that it is not the unauthorized practice of law for a third-year law student enrolled at any law school in the Commonwealth to represent a petitioner in a commitment hearing for involuntary admission without the presence of a practicing attorney. The student must have completed coursework in evidence and trial advocacy and received training on involuntary commitment law. The student must inform the petitioner that he is not a licensed attorney, that he may not be compensated for his services, and that he can be held liable only for intentional malfeasance.
SB 840: Mandatory outpatient treatment following inpatient treatment (Patron: Ken T. Cuccinelli, II). Allows a court to enter an order for mandatory outpatient treatment following involuntary admission, which orders a person who has been involuntarily admitted to mandatory outpatient treatment. The criteria for such an order differ from the criteria used for a mandatory outpatient treatment order entered where the person was not first involuntarily admitted. The criteria for an order for mandatory outpatient treatment following involuntary admission are that the person (i) has mental illness; (ii) no longer needs inpatient hospitalization but requires mandatory outpatient treatment to prevent rapid deterioration of his condition that would likely result in his meeting the criteria for inpatient treatment; (iii) is not likely to obtain outpatient treatment unless the court enters the order; and (iv) is likely to comply with the order. Additionally, services must actually be available in the community and providers of services must have actually agreed to deliver the services. The bill also sets forth how orders for mandatory outpatient treatment following involuntary admission will be enforced, reviewed, continued, and rescinded.
SB 854: Mental health courts; pilot program (Patron: John S. Edwards). Directs the Office of the Executive Secretary of the Supreme Court to establish by January 1, 2010, no less than two and no more than five mental health courts in Virginia for nonviolent offenders with serious mental illnesses.
SB 1051: Mental health; admission to a facility by an agent or guardian (Patron: Mary Margaret Whipple). Allows an agent appointed in an advance directive or a guardian to admit an incapacitated person to a mental health facility for no more than 10 calendar days if (i) prior to admission, a physician on the staff of or designated by the proposed admitting facility examines the person and states, in writing, that the person (a) has a mental illness, (b) is incapable of making an informed decision regarding admission, and (c) is in need of treatment in a facility; (ii) the proposed admitting facility is willing to admit the person; and, either (iii) the person has executed an advance directive in accordance with the Health Care Decisions Act (§ 54.1-2981 et seq.) authorizing the agent to consent to his admission to a facility and he is not protesting such admission; or (iv) the guardianship order specifically authorizes the guardian to consent to the admission of such person to a facility.
SB 1077: Notification of family member of person involved in commitment process (Patron: Janet D. Howell). Authorizes disclosure of information regarding a patient's location and general condition to a family member or personal representative of the person.
SB 1079: Emergency custody; authority of law-enforcement officer (Patron: Janet D. Howell). Authorizes a law-enforcement officer who is transporting a person who has voluntarily consented to being transported to a facility for assessment or evaluation and who subsequently revokes consent to be transported to take such person into emergency custody when the law-enforcement officer determines that consent has been revoked and the person meets the criteria for emergency custody, even if the law-enforcement officer is beyond the territorial limits of the jurisdiction in which he serves. This bill also clarifies that a law-enforcement officer who takes a person into emergency custody based upon his own observations or reliable reports of others may transport such person beyond the territorial boundaries of the jurisdiction in which he serves in order to obtain the required assessment.
SB 1080: Involuntary commitment; place of hearing (Patron: Janet D. Howell). Provides that, upon the request of the respondent or his attorney, a district court judge or special justice may restrict attendance at an involuntary commitment hearing to persons whose participation is required for proper conduct of the hearing and those whose presence is requested by the respondent upon a finding that (i) such restriction is necessary to protect the respondent's health, safety, or privacy and (ii) the respondent's interest in the restriction outweighs the public's interest in attendance by any person who would be excluded.
SB 1082: Voluntary and involuntary commitment; forms (Patron: Janet D. Howell). Provides that the Office of the Executive Secretary of the Supreme Court shall prepare the petitions, orders, and such other legal documents as may be required in proceedings for emergency custody, temporary detention, and voluntary and involuntary admission to a facility and distribute such forms to the clerks of the general district courts and the juvenile and domestic relations courts. This bill further provides that the Department of Mental Health, Mental Retardation and Substance Abuse Services shall prepare the preadmission screening report, examination, and such other clinical forms as may be required for emergency custody, temporary detention, and voluntary and involuntary admission to a facility and distribute such forms to community services boards, mental health care providers, and directors of state facilities.
SB 1083: Mental health law revisions (Patron: Janet D. Howell). Amends mental health statutes to address issues
resulting from the overhaul of mental health laws during the 2008 Session.
This bill clarifies requirements that law-enforcement initiated emergency
custody remains subject to the four hour limit and two hour extension
provisions; clarifies that the employee or designee of the community
services board attending a commitment hearing need not be the person who
prepared the prescreening report, and that neither the employee or designee
of the community services board attending a commitment hearing nor the
independent examiner who attends the commitment hearing shall be excluded
pursuant to an order of sequestration of the witnesses; clarifies that the
prescreening report shall be admitted into evidence and made part of the
record of the case; and extends the CCRE reporting requirement to close of
business on the next business day following the hearing resulting in
involuntary commitment. This bill has an emergency clause.
SB 1117: Department of Mental Health, Mental Retardation and Substance Abuse Services; name change (Patron: Patricia S. Ticer). Changes the name of the Department, Board, Inspector General, and Commissioner of Mental Health, Mental Retardation and Substance Abuse Services to the Department, Board, Inspector General, and Commissioner of Behavioral Health and Developmental Services. This bill also makes technical amendments.
SB 1122: Psychiatric Inpatient Treatment of Minors Act; outpatient treatment; etc. (Patron: L. Louise Lucas). Provides that a person who meets the criteria for involuntary commitment under the Psychiatric Inpatient Treatment of Minors Act may be ordered to mandatory outpatient treatment if less restrictive alternatives to involuntary inpatient treatment are appropriate and are available and the minor and his parents have the capacity to understand the stipulations of the minor's treatment and to comply with such outpatient treatment and that they have agreed to abide by the treatment plan. The bill also sets forth how such mandatory outpatient treatment will be monitored and how a minor's noncompliance with such treatment will be addressed. The bill also clarifies that the commitment criteria for minors, and not the criteria for adults, apply when the emergency admission of a minor is sought under the procedures for the emergency admission of an adult set forth in Article 4 (§ 37.2-808 et seq.) of Chapter 8 of Title 37.2. The bill also provides that a minor who has been properly detained by a juvenile and domestic relations court may petition for voluntary admission and treatment of mental illness. Currently, such detained minors may not voluntarily seek admission. The bill further requires that if a minor is in a detention home or shelter care facility when admitted to a mental health facility, the director of the detention home or shelter care facility or his designee shall provide, if available, certain information relating to the minor to the mental health facility and to the juvenile and domestic relations district court for the jurisdiction in which the facility is located if such court is different than the court that placed the minor in detention or shelter care. The bill also clarifies under what circumstances the qualified evaluator who examined the minor must attend the minor's hearing and under what circumstances the evaluator's report is admissible.
SB 1303: Involuntary mental health commitment (Patron: Robert Hurt). Provides that a court may, in its discretion, appoint counsel for a minor in proceedings seeking judicial approval of the admission by the parents of a minor 14 years of age or older who is incapable of making an informed decision or who objects to the admission and provides that a court may, in its discretion, appoint a guardian ad litem for a minor who is the subject of an involuntary commitment petition. Currently, the court is required to appoint both a guardian ad litem and counsel in both circumstances. The bill also removes authority for monitoring compliance with mandatory outpatient treatment from special justices and places it with district court judges (currently it can be done by either) and allows recordings of hearings to be electronic or digital.
SB 1432: Notification of family member of person involved in commitment process (Patron: Ken T. Cuccinelli, II). Authorizes disclosure of information regarding a patient's location and general condition to a family member or personal representative of the person.
SB 1433: Consumers; right to notify (Patron: Ken T. Cuccinelli, II). Provides that a consumer in a mental health facility shall have the opportunity to have an individual of his choosing notified of his general condition, location, and transfer to another facility.
SB 1503: Mental health court; Richmond (Patron: A. Donald McEachin). Requires the Executive Secretary of the Supreme Court to establish a mental health court in the Thirteenth Circuit, Richmond City.