VA HB499 | 2008 | Regular Session
Status
Completed Legislative Action
Spectrum: Strong Partisan Bill (Republican 39-2-1)
Status: Passed on April 23 2008 - 100% progression
Action: 2008-04-23 - Governor: Acts of Assembly Chapter text (CHAP0850)
Spectrum: Strong Partisan Bill (Republican 39-2-1)
Status: Passed on April 23 2008 - 100% progression
Action: 2008-04-23 - Governor: Acts of Assembly Chapter text (CHAP0850)
Summary
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,
Title
Involuntary commitment; establishes new standard for outpatient commitment.
Sponsors
History
| Date | Chamber | Action |
|---|---|---|
| 2008-04-23 | Governor: Acts of Assembly Chapter text (CHAP0850) | |
| 2008-04-23 | Governor: Approved by Governor-Chapter 850 (effective 7/1/08) | |
| 2008-04-23 | Senate: Signed by President as reenrolled | |
| 2008-04-23 | House: Signed by Speaker as reenrolled | |
| 2008-04-23 | House: Reenrolled bill text (HB499ER2) | |
| 2008-04-23 | House: Reenrolled | |
| 2008-04-23 | Governor: Governor's recommendation adopted | |
| 2008-04-23 | Senate: Senate concurred in Governor's recommendation (38-Y 0-N) | |
| 2008-04-23 | House: VOTE: --- ADOPTION (97-Y 0-N) | |
| 2008-04-23 | House: House concurred in Governor's recommendation (97-Y 0-N) | |
| 2008-04-22 | House: Placed on Calendar | |
| 2008-04-11 | House: Governor's recommendation received by House | |
| 2008-03-09 | Senate: Signed by President | |
| 2008-03-07 | House: Signed by Speaker | |
| 2008-03-07 | House: Bill text as passed House and Senate (HB499ER) | |
| 2008-03-07 | House: Enrolled | |
| 2008-03-05 | House: VOTE: --- ADOPTION (96-Y 0-N) | |
| 2008-03-05 | House: Senate substitute agreed to by House 089652820-S2 (96-Y 0-N) | |
| 2008-03-05 | House: Placed on Calendar | |
| 2008-03-04 | Senate: Passed Senate with substitute (40-Y 0-N) | |
| 2008-03-04 | Senate: Engrossed by Senate - floor substitute HB499S2 | |
| 2008-03-04 | Senate: Substitute by Senator Howelll agreed to 089652820-S2 | |
| 2008-03-04 | Senate: Reading of substitute waived | |
| 2008-03-04 | Senate: Floor substitute printed 089652820-S2 (Howell) | |
| 2008-03-04 | Senate: Committee substitute rejected 080297248-S1 | |
| 2008-03-04 | Senate: Committee substitute reconsidered (37-Y 3-N) | |
| 2008-03-04 | Senate: Passed by temporarily | |
| 2008-03-04 | Senate: Read third time | |
| 2008-03-03 | Senate: Passed by for the day | |
| 2008-03-03 | Senate: Read third time | |
| 2008-02-29 | Senate: Passed by for the day | |
| 2008-02-28 | Senate: Passed by for the day | |
| 2008-02-28 | Senate: Read third time | |
| 2008-02-27 | Senate: Passed by for the day | |
| 2008-02-27 | Senate: Committee substitute agreed to 080297248-S1 | |
| 2008-02-27 | Senate: Reading of substitute waived | |
| 2008-02-27 | Senate: Read third time | |
| 2008-02-26 | Senate: Constitutional reading dispensed (40-Y 0-N) | |
| 2008-02-25 | Senate: Committee substitute printed 080297248-S1 | |
| 2008-02-25 | Senate: Reported from Courts of Justice with substitute (15-Y 0-N) | |
| 2008-02-14 | Senate: Assigned Courts sub: Special on Proposed Mental Health Legislation | |
| 2008-02-13 | Senate: Referred to Committee for Courts of Justice | |
| 2008-02-13 | Senate: Constitutional reading dispensed | |
| 2008-02-12 | House: Communicated to Senate | |
| 2008-02-12 | House: VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) | |
| 2008-02-12 | House: Read third time and passed House BLOCK VOTE (98-Y 0-N) | |
| 2008-02-11 | House: Engrossed by House - committee substitute HB499H2 | |
| 2008-02-11 | House: Committee substitute from Appropriations agreed to 082585528-H2 | |
| 2008-02-11 | House: Committee substitute from Courts of Justice rejected 081467432-H1 | |
| 2008-02-11 | House: Read second time | |
| 2008-02-09 | House: Read first time | |
| 2008-02-09 | House: Committee substitute printed 082585528-H2 | |
| 2008-02-08 | House: Reported from Appropriations with substitute (24-Y 0-N) | |
| 2008-01-30 | House: Committee substitute printed 081467432-H1 | |
| 2008-01-30 | House: Assigned App. sub: Health & Human Resources (Hamilton) | |
| 2008-01-28 | House: Referred to Committee on Appropriations | |
| 2008-01-28 | House: Reported from Courts of Justice with substitute (22-Y 0-N) | |
| 2008-01-14 | House: Assigned Courts sub: Mental Health | |
| 2008-01-07 | House: Referred to Committee for Courts of Justice | |
| 2008-01-07 | House: Prefiled and ordered printed; offered 01/09/08 088522820 |
Same As/Similar To
HB816 (Similar To) 2010-02-11 - House: Incorporated by Rules (HB617-Lohr) by voice vote
HB1322 (Similar To) 2010-04-21 - Governor: Acts of Assembly Chapter text (CHAP0868)
HB1491 (Similar To) 2011-02-17 - Senate: Letter sent to Joint Commission on Transportation Accountablility
SB246 (Same As) 2010-04-21 - Governor: Acts of Assembly Chapter text (CHAP0788)
HB1322 (Similar To) 2010-04-21 - Governor: Acts of Assembly Chapter text (CHAP0868)
HB1491 (Similar To) 2011-02-17 - Senate: Letter sent to Joint Commission on Transportation Accountablility
SB246 (Same As) 2010-04-21 - Governor: Acts of Assembly Chapter text (CHAP0788)
Subjects
Virginia State Sources
| Type | Source |
|---|---|
| Summary | https://lis.virginia.gov/cgi-bin/legp604.exe?081+sum+HB499 |
