The Virginia legislature will consider many bills that could impact the rights of people with mental health challenges. We had been watching one bill, HB 2228, which would have expanded the use of “special conservators of the peace” in emergency custody situations, alleviating the need for law enforcement involvement. However, unexpectedly this morning, the patron of HB 2228 asked for the bill to be stricken.
Here are some of the other mental health bills we are watching:
- HB 1713 (Watts) allows a behavioral health court or other specialty court to have jurisdiction over a felony offense. The bill will be heard by the House Courts of Justice, the Criminal Law subcommittee.
- HB 2230 (Cherry) amends the conditions under which law enforcement can transfer custody of someone under a temporary detention order to a qualified facility. Assigned to the Public Safety subcommittee.
- HB 2535 (Hope) repeals Virginia’s Health Care Decisions Act, which contains protections for mental health advanced directives, and replaces it with the Uniform Health Care Decisions Act. Assigned to the Committee on Health and Human Services, subcommittee on health. dLCV has requested that the patron give interested stakeholders a year to consider this move.
- SB 1094 (Jordan) amends the definition of “psychiatric emergency department” as it relates to involuntary temporary detention orders so that a psychiatric emergency department does not have to be connected to a facility licensed by the Department of Behavioral Health and Developmental Services but can instead be separately licensed. This will expand the kinds of entities that can be part of the TDO process. This was heard by the Senate Committee on Education and Health, Subcommittee on Health, and approved by the full committee.
- SB 1304 (McPike) Directs the Department of Medical Assistance Services to allow crisis stabilization services for non-hospitalized individuals outside of “institutions for mental disease.” The bill will be in the Senate Committee on Education and Health.
At the disAbility Law Center of Virginia, we work on behalf of individuals with mental illness, and all Virginians with disabilities, 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. We are available to educate policymakers about the potential impact of legislative proposals. Please let us know of any legislation that you think we should be following, by emailing ga@dlcv.org.