Independent examiners; dismissal of involuntary commitment petitions. (SB333)
Introduced By
Sen. Ken Cuccinelli (R-Fairfax)
Progress
✓ |
Introduced |
✗ |
Passed Committee |
☐ |
Passed House |
☐ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Independent examiners; dismissal of involuntary commitment petitions. Provides that an independent examiner who examines a person prior to an involuntary commitment hearing may authorize the release of such person if he concludes there is not probable cause to believe that the person (i) presents an imminent danger to himself or others as a result of mental illness or is so seriously mentally ill as to be substantially unable to care for himself and (ii) requires involuntary inpatient treatment. If the person's release is authorized, the judge or special justice shall enter an order dismissing the petition for involuntary commitment. The bill also provides that independent examiners are immune for any act or omission in the performance of their duties, except in the case of willful misconduct. Read the Bill »
Outcome
History
| Date | Action |
|---|---|
| 01/08/2008 | Prefiled and ordered printed; offered 01/09/08 080233216 |
| 01/08/2008 | Referred to Committee for Courts of Justice |
| 01/21/2008 | Assigned Courts sub: Special on Proposed Mental Health Legislation |
| 01/28/2008 | Passed by in Courts of Justice with letter (14-Y 0-N) (see vote tally) |
| 01/28/2008 | Subject matter referred to Commission on Mental Health Law Reform pursuant to Senate Rule 20 (L) |
Comments
"The bill also provides that independent examiners are immune for any act or omission in the performance of their duties, except in the case of willful misconduct."
Translation: these people are not accountable to anybody, not the least of whom is the person whose life has just been so horribly disrupted. This bill typifies the arrogance of the State Mental Health System. I can't believe a legislator would offer this bill. Perhaps these legislators need to be locked up for a few days on irrational overreactions in order to fully appreciate the trauma of this type of imprisonment.
It seems to me that a independent examiners who "errs on the side of caution" and urges commitment for fear of being sued should be fired. Period!
The State Mental health System now has little accountability. Codifying this lack of accountability is a step in the wrong direction.