Thursday, July 24, 2008
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Search 2008 Bills:

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

Yes Introduced
Yes Passed Committee
Yes Passed House
Yes Passed Senate
Yes Signed by Governor
Yes Became Law

Status

04/02/2008: signed by governor

View Entire History

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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Video

Votes were cast on this bill on the following dates for which Richmond Sunlight has video: 01/09/2008, 01/09/2008, 02/11/2008, 02/12/2008, 02/13/2008, 02/13/2008, 02/14/2008, 02/14/2008, 03/07/2008 and 03/07/2008.

Comments

spotter writes:

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.

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Bill Text

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