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Legislative News - Virginia
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.
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Post Session Legislative Up-date: Virginia General Assembly 2004 Regular Session
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Virginia General Assembly Legislative Update 2004 - January 31, 2004.
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For GSCSW Legislative Information contact:
GWSCSW
PO Box 3235
Oakton VA 22124
202-537-0007
Fax: 703-938-8389
email: gwscsw@gmail.com
Website www.gwscsw.org