HB1186: Incompetent defendants; dismissal of charges when charged with nonviolent misdemeanor.
Chief Patron
Del.
Ken Melvin (D-80)

Ken Melvin
(D-80)
Portsmouth, VA
Served: 1986–
Progress
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Introduced |
 |
Passed Committee |
 |
Passed House |
 |
Passed Senate |
 |
Signed by Governor |
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Became Law |
Status
04/02/2008: signed by governor
View Entire History
- 01/09/2008 Committee
- 01/09/2008 Prefiled and ordered printed; offered 01/09/08 087939840
- 01/09/2008 Referred to Committee for Courts of Justice
- 01/16/2008 Assigned Courts sub: Criminal
- 02/08/2008 Reported from Courts of Justice with substitute (17-Y 5-N) (see vote tally)
- 02/09/2008 Committee substitute printed 080878636-H1
- 02/09/2008 Read first time
- 02/11/2008 Read second time
- 02/11/2008 Committee substitute agreed to 080878636-H1
- 02/11/2008 Engrossed by House - committee substitute HB1186H1
- 02/12/2008 Read third time and passed House (87-Y 12-N)
- 02/12/2008 VOTE: --- PASSAGE (87-Y 12-N) (see vote tally)
- 02/12/2008 Communicated to Senate
- 02/13/2008 Constitutional reading dispensed
- 02/13/2008 Referred to Committee for Courts of Justice
- 02/14/2008 Assigned Courts sub: Special on Proposed Mental Health Legislation
- 02/28/2008 Reported from Courts of Justice with amendment (15-Y 0-N) (see vote tally)
- 03/03/2008 Constitutional reading dispensed (40-Y 0-N) (see vote tally)
- 03/04/2008 Read third time
- 03/04/2008 Reading of amendment waived
- 03/04/2008 Committee amendment agreed to
- 03/04/2008 Engrossed by Senate as amended
- 03/04/2008 Passed Senate with amendment (40-Y 0-N) (see vote tally)
- 03/05/2008 Placed on Calendar
- 03/05/2008 Senate amendment agreed to by House (80-Y 18-N)
- 03/05/2008 VOTE: --- ADOPTION (80-Y 18-N) (see vote tally)
- 03/07/2008 Enrolled
- 03/07/2008 Bill text as passed House and Senate (HB1186ER)
- 03/07/2008 Signed by Speaker
- 03/09/2008 Signed by President
- 04/02/2008 G Approved by Governor-Chapter 796 (effective 7/1/08)
Summary
Incompetent defendants; misdemeanors; dismissal of charges.
Provides that if a defendant has been charged with a nonviolent
misdemeanor only, and is being treated in an effort to restore his capacity,
then after 45 days if his capacity has not been restored then the court shall
dismiss the charges against him and decide whether he should be released,
committed, or certified.
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Comments
This is a good attempt to bring an end to the disgraceful practice of jailing the mentally ill on trumped up charges rather than providing them with needed mental health treatment. Thank you, Delegate Melvin. However, it does not address the months-long delays in getting treatment, even from the jail. It should be amended so that the time of incarceration is included, or so that state hospitals are required to find a medical setting immediately, not whenever they get around to it and a bed is available.