Tracking Virginia’s General Assembly
since 2007.
HB938: Involuntary commitment hearings; petitioner right to appeal.
Chief Patron
Del.
Todd Gilbert (R-15)
Todd Gilbert
(R-15)
Woodstock, VA
Served: 2006–
Progress
| Introduced | |
| Passed Committee | |
| Passed House | |
| Passed Senate | |
| Signed by Governor | |
| Became Law |
Status
02/28/2008: Failed to Pass in Committee
Summary
Commitment hearings; petitioner right to appeal. Gives the petitioner the right to appeal a decision by the judge or special justice not to involuntarily commit a respondent.
View Full Text »Video
Votes were cast on this bill on the following dates for which Richmond Sunlight has video: 01/25/2008, 01/29/2008, 01/29/2008, 01/30/2008, 01/30/2008, 01/31/2008, 02/01/2008, 02/01/2008, 02/14/2008, 02/14/2008, 02/15/2008, 02/15/2008, 02/28/2008 and 02/28/2008.
Poll Results
2 votes
Tags
Bill Text
Related Bills
Introduced: January 09, 2008
Status: In Committee
: Involuntary commitment; consideration of preadmission screening report.Status: In Committee
Introduced: January 08, 2008
Status: Failed to Pass in Committee
: Emergency custody order and temporary detention order hearings; evidence.Status: Failed to Pass in Committee
Introduced: January 02, 2008
Status: in subcommittee
: Mental health records; disclosure.Status: in subcommittee
Introduced: January 04, 2008
Status: Failed to Pass in Committee
: Temporary detention order; extends time period.Status: Failed to Pass in Committee
Introduced: January 07, 2008
Status: Passed the Senate
: Mental health system; Joint Commission on Health Care to review recommendations and legislation.Status: Passed the Senate

Comments
These overreacting CBS's already have an option of appeal. They can restart the whole process!
What is missing and what is in dire need of is the creation is a real and accessible procedure for a respondent to appeal a special justice's decision to commit. These special justices seem to basically just rubberstamp these overreacting Chicken Little mentality psychiatrists. Respondent's families are "business as usual" told "a typical stay is only three or four days" as if that is no big deal. Indeed, the whole State Mental Health System is too nonchalant and too cavalier toward imprisoning people. These overreacting Chicken Little mentality psychiatrists are literally given a blank check to do whatever they want for as long as they want with no accountability to anybody but themselves and there is reprehensibly little one can do about it. THIS IS UNCONSCIONABLE!
Why is it the wheels to commit turn at breakneck speed and the wheels to appeal or even provide any oversight over these Chicken Little mentality psychiatrists do not turn at all?
Because appeals of commitment are moot in Virginia by the time they are heard. Once a person files an appeal, they have usually been discharged already and their appeal is declared moot.
This bill isn't actually for CSB's to appeal as I understand it, it's for family members and other non mental health employees who have petitioned for commitment of someone they know. But I could be misreading it. The Treatment Advocacy Center and NAMI-Virginia want this bill.