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Mental Health Focus in Virginia’s
2008 Legislative Session
The tragedy at Virginia Tech last year fueled a major focus on mental health
issues: although efforts to pass gun control legislation have already failed,
there is talk of a significant overhaul of Virginia’s mental health laws.
The House of Delegates has taken the lead in proposing bills redefining
involuntary mental health commitment. Legislators are trying to balance public
safety needs against the right to privacy with a new involuntary commitment
standard. The “potential danger” standard, if passed into law, would require
that a magistrate find that an individual shows a substantial likelihood of
causing serious bodily harm “in the near future” as evidenced by “recent
behavior causing, attempting or threatening such harm, or any other relevant
information.” An individual not judged a danger to himself or others could be
committed involuntarily if the person will, in the near future, “suffer serious
harm due to his lack of capacity to protect himself from harm or to provide for
his basic human needs.”
Other proposed bills focus on emergency custody orders, possession of firearms
if mentally incompetent, disclosure of medical records, criminal records,
parental notification for mental health treatment for minors, outpatient
treatment, sexually violent predators, emergency mental health treatment for
inmates, special training for justices, addiction treatment , background checks,
and so on.
Governor Kaine has proposed an expansion of mental health services with an
additional $42 million and construction of treatment facilities paid for with
$55 million in bonds. And the Commission on Mental Health Law Reform has issued
its preliminary report, providing a blueprint for changes in the criminal
justice system, juvenile justice system, ways of promoting empowerment and
self-determination among consumers, changes in the commitment law, and
improvements in services. Task force reports on these topics will be issued over
the course of the year.
Chris Spanos, lobbyist for the legislative coalition of the Greater
Washington and Virginia clinical social work societies, provided information for
this report.
For GSCSW Legislative
Information contact:
GWSCSW
PO Box 3235
Oakton VA 22124
202-537-0007
Fax: 703-938-8389
email: gwscsw@gmail.com
Website http://www.gwscsw.org