Nearing Halfway Point in Session
Legislators have advanced several bills addressing our priority to Decriminalize Mental Illness and Address the Needs of People with Mental Health Challenges in the Criminal Justice System. Some examples:
HB1712 and SB1194 Arrest of certain persons with or without a warrant not required – This would clarify that law enforcement officers are not required to arrest someone if the person is in a mental health crisis, but instead can take them directly to evaluation and treatment. The person at risk of hurting themselves or others is subject to an emergency custody order or temporary detention order or involuntary admission to a hospital. Some legislators report that in their community law enforcement officers believe they are required to arrest the person, which moves the person to jail at precisely the time they need immediate professional mental health intervention.
SB1013 Neurocognitive disorder, etc.; affirmative defense to prosecution – Passed last year but vetoed by the Governor, the bill is a small step to help reduce the time a person spends in jail when charged with assaulting an officer while they are in a mental health crisis. In most cases the behavior does not result in bodily injury. The bill provides for an affirmative defense to show the action was a result of their serious disability, with a chance to reduce the charge from a felony that carries a mandatory 6-month jail sentence upon conviction.
HB1713 Jurisdiction of district courts in felony cases; specialty dockets; Behavioral Health Docket Act. Several courts have adopted behavioral health dockets to provide intensive services and monitoring instead of jail time in specific situations. However, eligibility is usually limited to misdemeanor cases. This change would allow more eligible individuals to participate when prosecution, defense, the defendant and the judge all agree the defendant with mental illness can be helped by completing the rigid requirements of the program.
HB2473 and SB1367 Board of Pharmacy; long-acting injectable or extended-release prescription drugs; correctional facilities. Allows correctional facilities to securely keep and provide prescribed medications that help maintain mental health for incarcerated individuals with a severe mental illness.
HB2222 Use of restraints on juveniles in court prohibited; exceptions – Many young teens who come before the juvenile court have endured abuse, neglect, and early exposure to drugs and alcohol. Currently in some jurisdictions they are cuffed and shackled when entering the court room, whether there is a perceived risk or not. Forcing them to endure the additional trauma is counterproductive and dehumanizing. This bill requires there first be a determination that restraints are necessary.
HB2647 and SB1409 Restorative housing and isolated confinement; restrictions on use – Adds more conditions to the Department of Corrections use of isolated confinement in state prisons, including that placement shall be reviewed every 48 hours and the placement last for no longer than 15 consecutive days, with exceptions.
HB2235 Local and regional correctional facilities; treatment of prisoners known to be pregnant –
Requires that no restraints shall be used on women during pregnancy, delivery and postpartum recovery, with spelled out exceptions, and local jail officer training standards shall include training on the general care of pregnant women, the impact of restraints on pregnant prisoners and fetuses, the impact of being placed in restrictive housing or solitary confinement on pregnant prisoners, and the impact of body cavity searches on pregnant prisoners.
There are other bills as well, on many mental health related issues, which you can view on our bill chart:
You can open the bill number hyperlink to see the latest status of the legislation (the status on the chart is updated often but not every day).
You can voice your opinion on any of the bills that are still active by contacting your legislator https://whosmy.virginiageneralassembly.gov/ and members of the committees that are voting on the bills. When you open the bill number link it leads you to the committee, and from there you can see the members of the committee and get their contact information. https://lis.virginia.gov/
Also, there are several proposed amendments to the state budget, from the Governor, the Senate and the House, which would improve mental health access and services. Those proposals are working their way through the process. More on these amendments coming soon….
