2018 Virginia General Assembly
Legislative Highlights
February 16, 2018
We are more than half way through this “long” session of the Virginia legislature. The money committees of the House and the Senate will announce their budget amendment proposals on Sunday, February 18th. We expect the two packages to contain some plans for expanded medical coverage for people with disabilities, and especially for people with mental illness. Meanwhile there are still many mental health non-budget bills in process:
Relating to Suicide
HB 569 (Gooditis) requires the Department of Behavioral Health to provide an annual report on suicide prevention activities. Approved by full House of Delegates, and referred to the Senate Committee on Education and Health.
Relating to NGRI or incompetent to stand trial status
HB 52 (Hope) allows for an evaluation of whether someone is competent to stand trial to be done on an outpatient basis if appropriate. Approved by the House Courts of Justice and referred to the Senate Committee on Courts of Justice.
HB 53 (Hope) allows for an evaluation of whether someone is “not guilty by reason of insanity” to be done on an outpatient basis if appropriate. Approved by the full House of Delegates and the full Senate.
HB 1193 (Bell, Robert) requires that a person convicted of a crime and also found not guilty by reason of insanity must be incarcerated after any period of inpatient mental health treatment. The amended reverses the order in the proposed legislation, stating instead that the individual will serve their correctional time first, and then be transferred to a hospital for inpatient treatment. Approved by the House and referred to the Senate Committee on Courts of Justice.
Relating to forced mental health treatment
HB 934 (Hope) defines the circumstances under which a jail can obtain an order for forced treatment of an inmate. Approved by the full House. An amended version, which recognizes a person’s advanced directive, was approved by the Senate Committee on Rehabilitation and Social Services and referred to Senate Finance.
Relating to Mental Health training
HB 1412 (Helsel) requires firefighters and emergency personnel to develop training curricula about mental health. Approved by the House, and referred to the Senate Committee on General Laws and Technology.
SB 670 (Deeds) requires firefighters and emergency personnel to develop training in mental health awareness. Approved by the full Senate, and assigned now to the House Committee on Police, Militia and Public Safety.
HB 1008 (Boysko) requires the Department of Health to develop protocols for hospital security staff to be able to identify and address mental illness situations. Approved by the full House and referred to the Senate Committee on Health and Education.
Other mental health bills
SB 392 (Barker) eases the requirement that a parent must get notice if a minor is subject to an emergency custody order. Current law requires a petition for TDO be dismissed if the parent does not get notice. The proposed change allows the petition to proceed so long as a reasonable effort was made to provide notice. Approved by the full Senate and referred to a House Courts of Justice subcommittee. A similar house bill (HB 517, Bell, Rob) was laid on the table by that subcommittee.
The disAbility law Center of Virginia is monitoring developments in the legislature that may be of interest to people with disabilities. Our mission is to advance independence, choice and self-determination; protect legal, human and civil rights; and eliminate abuse, neglect and discrimination of people with disabilities through zealous and uncompromising legal advocacy and representation. Contact us at info@dlcv.org or by calling 1-800-552-3962 or 804-225-2042.