VA SB246 | 2008 | Regular Session

Virginia Senate Bill 246 (Prior Session Legislation)

Status

Completed Legislative Action
Spectrum: Slight Partisan Bill (Democrat 2-1)
Status: Passed on April 23 2008 - 100% progression
Action: 2008-04-23 - Governor: Acts of Assembly Chapter text (CHAP0870)

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

Title

Involuntary commitment; establishes new standards for outpatient commitment.

History

Date	Chamber	Action
2008-04-23		Governor: Acts of Assembly Chapter text (CHAP0870)
2008-04-23		Senate: Reenrolled bill text (SB246ER2)
2008-04-23		Governor: Approved by Governor-Chapter 870 (effective 7/1/08)
2008-04-23		House: Signed by Speaker as reenrolled
2008-04-23		Senate: Signed by President as reenrolled
2008-04-23		Senate: Reenrolled
2008-04-23		Governor: Governor's recommendation adopted
2008-04-23		House: VOTE: --- ADOPTION (97-Y 0-N)
2008-04-23		House: House concurred in Governor's recommendation (97-Y 0-N)
2008-04-23		Senate: Senate concurred in Governor's recommendation (39-Y 0-N)
2008-04-22		Senate: Placed on Calendar
2008-04-11		Senate: Governor's recommendation received by Senate
2008-03-11		Senate: Signed by President
2008-03-08		Senate: Bill text as passed Senate and House (SB246ER)
2008-03-08		House: Signed by Speaker
2008-03-08		Senate: Enrolled
2008-03-05		Senate: House substitute agreed to by Senate (40-Y 0-N)
2008-03-04		House: VOTE: --- PASSAGE (99-Y 0-N)
2008-03-04		House: Passed House with substitute (99-Y 0-N)
2008-03-04		House: Engrossed by House - floor substitute SB246H2
2008-03-04		House: Substitute by Delegate Hamilton agreed to 089654248-H2
2008-03-04		House: Floor substitute printed 089654248-H2 (Hamilton)
2008-03-04		House: Committee substitute rejected 089582248-H1
2008-03-04		House: Read third time
2008-03-03		House: Passed by for the day
2008-02-29		House: Read second time
2008-02-27		House: Reported from Appropriations (23-Y 0-N)
2008-02-22		House: Committee substitute printed 089582248-H1
2008-02-22		House: Referred to Committee on Appropriations
2008-02-22		House: Motion to refer to committee agreed to
2008-02-21		House: Reported from Courts of Justice with substitute (20-Y 0-N)
2008-02-14		House: Assigned Courts sub: Mental Health
2008-02-13		House: Referred to Committee for Courts of Justice
2008-02-13		House: Read first time
2008-02-13		House: Placed on Calendar
2008-02-08		Senate: Communicated to House
2008-02-08		Senate: Passed Senate (40-Y 0-N)
2008-02-08		Senate: Constitutional reading dispensed (40-Y 0-N)
2008-02-08		Senate: Engrossed by Senate - committee substitute SB246S2
2008-02-08		Senate: Committee substitute agreed to 086010212-S2
2008-02-08		Senate: Reading of substitute waived
2008-02-08		Senate: Committee substitute rejected 081542248-S1
2008-02-08		Senate: Reading of substitute waived
2008-02-08		Senate: Read second time
2008-02-07		Senate: Constitutional reading dispensed (38-Y 0-N)
2008-02-07		Senate: Committee substitute printed 086010212-S2
2008-02-06		Senate: Reported from Finance with substitute (16-Y 0-N)
2008-01-29		Senate: Committee substitute printed 081542248-S1
2008-01-28		Senate: Rereferred to Finance
2008-01-28		Senate: Reported from Courts of Justice with substitute (13-Y 0-N)
2008-01-21		Senate: Assigned Courts sub: Special on Proposed Mental Health Legislation
2008-01-08		Senate: Referred to Committee for Courts of Justice
2008-01-08		Senate: Prefiled and ordered printed; offered 01/09/08 089813248

Same As/Similar To

SB75 (Similar To) 2008-01-28 - Senate: Incorporated by Courts of Justice (SB246-Howell) (13-Y 0-N)
SB78 (Similar To) 2008-01-28 - Senate: Incorporated by Courts of Justice (SB246-Howell) (13-Y 0-N)
SB79 (Similar To) 2008-01-28 - Senate: Incorporated by Courts of Justice (SB246-Howell) (13-Y 0-N)
SB80 (Similar To) 2008-01-28 - Senate: Incorporated by Courts of Justice (SB246-Howell) (13-Y 0-N)
SB96 (Similar To) 2008-01-28 - Senate: Incorporated by Courts of Justice (SB246-Howell) (13-Y 0-N)
SB97 (Similar To) 2008-01-28 - Senate: Incorporated by Courts of Justice (SB246-Howell) (13-Y 0-N)
SB101 (Similar To) 2008-01-28 - Senate: Incorporated by Courts of Justice (SB246-Howell) (13-Y 0-N)
SB103 (Similar To) 2008-01-28 - Senate: Incorporated by Courts of Justice (SB246-Howell) (13-Y 0-N)
SB104 (Similar To) 2008-01-28 - Senate: Incorporated by Courts of Justice (SB246-Howell) (13-Y 0-N)
SB129 (Similar To) 2008-01-28 - Senate: Incorporated by Courts of Justice (SB246-Howell) (13-Y 0-N)
SB139 (Similar To) 2008-01-28 - Senate: Incorporated by Courts of Justice (SB246-Howell) (13-Y 0-N)
SB140 (Similar To) 2008-02-06 - Senate: Incorporated by Finance (SB246-Howell) (16-Y 0-N)
SB144 (Similar To) 2008-01-28 - Senate: Incorporated by Courts of Justice (SB246-Howell) (13-Y 0-N)
SB217 (Similar To) 2008-01-28 - Senate: Incorporated by Courts of Justice (SB246-Howell) (13-Y 0-N)
SB220 (Similar To) 2008-01-28 - Senate: Incorporated by Courts of Justice (SB246-Howell) (13-Y 0-N)
SB273 (Similar To) 2010-04-21 - Governor: Acts of Assembly Chapter text (CHAP0791)
SB341 (Similar To) 2010-04-10 - Governor: Acts of Assembly Chapter text (CHAP0384)
SB769 (Similar To) 2011-03-22 - Governor: Acts of Assembly Chapter text (CHAP0325)
HB499 (Same As) 2008-04-23 - Governor: Acts of Assembly Chapter text (CHAP0850)