Assisted living facility; considered occupancy by single family if no more than 8 persons reside. (SB338)

Introduced By

Sen. Emmett Hanger (R-Mount Solon)

Progress

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

Description

Assisted living facilities; zoning.  Expands certain provisions that currently apply to the Counties of Arlington and York statewide. The existing provisions declare that zoning ordinances for all purposes shall consider a residential facility in which no more than eight aged, infirm, or disabled persons reside with one or more resident counselors or other staff persons as residential occupancy by a single family.   View Full Text »

Outcome

Bill Has Passed
View Bill's History

Duplicate Bills

The following bills are identical duplicates of this one: HB967.

Comments

L.L. writes:

Sorry to be dense, but what is the intent of this bill - original and substitute? It sounds like it may make it easier for small facilities to locate in neighborhoods. Am I getting it wrong?

Dave writes:

One disturbing thing about this bill is that it equates someone currently doing something illegal (using illegal drugs) with someone who MIGHT have done something at some time in the past, no matter how long ago it might have been

This bill could have the effect of banning anyone who is a registered sex offender from facilities such as convalescent homes.

Sexual assault is indeed a documented problem in assisted living and convalescent facilities. Such assaults are usually carried out by alzheimer's patients, who may not even be aware of what they are doing, or by staff (who are definitely aware.)

This is cruel and shameful legislation that is driven by money. Delegate Peace has taken a lot of money from realtors, and it's payback time.

Stephen writes:

This guy is taken in alot of money, people need to look harder at where its comming from, and start checking on them. Where theres money, theres dirt.

Mary writes:

According to this SB338 is identical.
Well, not since the admedment was added to HB967 adding sex offenders.

We find HB967H1 extremely troubling in that it would ban ANYONE listed on the Sex Offender Registry from receiving the care and services they might need to live, recoup or age with dignity.

While we believe that the homes and facilities in which care is given should be apprised of the individuals status as being listed on the Sex Offender Registry, this type of care is a right we should extend to all citizens within a civilized society. Caring for the sick, the injured, and the elderly is a responsibility not a luxury.

This bill has just outlawed any married Registered Offender from entering such a facility with their spouse. Now the spouse will have to make the decision do they get the care they need or do they stay with their spouse.

Assisted care facilities deal with and are equipped to deal with those who are acting inappropriately or placing other residents at risk. Many have Alzheimer’s and are confused and combative. These problems are a given and the caregivers are equipped to cope with them.

The facilities then in question are the assisted living facilities where little care is needed and supervision is limited. These facilities already have the right and responsibility to move those in need of more intensive care to other facilities where that care can be given. To totally ban Registered Sex Offenders from these facilities without providing another option for them is shameful. Virginia’s homeless shelters have already banned Registered Sex Offenders and now possibly rehabilitation and assisted living facilities, what’s next hospitals? The only alternative is for Virginia to provide rehabilitation and assisted living facilities where RSO’s and their spouses can receive the same quality of care and there are enough facilities throughout Virginia that they can stay in their current community. Until those facilities are built and ready to serve these citizens, this type of legislation should not even be proposed.

This bill virtually ensures that some elderly or mentally handicapped person will be left to die in the streets of Virginia if he/she has no family to look after them in their old age.

Would Virginia really prohibit a man or woman from the care they need simply because they made one mistake which they had paid for decades earlier? We should hope not.

The unreformed offenders by this age would still be in jail or under the care of the SVP treatment center. So this bill only punishes those who have already paid their dept to society. Do we now pass laws simply out of fear without conscience?

Not only is this bill now appeasing the paranoia of the general public, it condones it.

We once lived in a country where equal protection under the law was a constitutional right, do we need to amend this to include, unless we are scared with no reason?

Do not turn our country, our state into the Land of the outcast, and the home of the scared.

Thus far we have purposefully avoided making any references to the Holocaust, but the parallels are becoming too much to ignore. I cannot help but reflect upon the chapter in Schindler’s List called the Liquidation of the Ghetto. During that chapter the sick and infirm were euthanized to spare them the horrors to follow. Our belief is that if this bill were to become law that it should be amended to allow for State Sponsored Euthanasia. This at least is more dignified and humane than to force one to die in the streets, alone and cold. You may think this a bit melodramatic, but we ask you to consider how inhumane this bill has become?

Mary writes:

This bill was rewritten to be identical to SB338 which had already passed through both chambers. In other words HB967 is not really needed, SB338 got there first.

Tess writes:

Mary,
Thank you for speaking out for the rapist. They are entitled to all the benefits of society. My daughter may die alone on the streets because she was raped. She was a 29 year old virgin, adult dependent child. She lost her mind. It has been almost five years, my health is going. She is physically disabled and has chronic health problems. A state hospital, because they are convicted sex offenders, sounds fair to me. I have given my all so my innocent child doesn't pay that price also. It is my constant fear. If I can't keep it all going she ends up in Central State. ARE ALL CRIMINALS VICTIMS?? As far as I can tell, I would be Schindler: My daughter would be the sick, disabled, victim: and you? You seem to suggest society should just ignore sex crimes, by holding the crime against the offender and trying to protect society from future acts the government is functioning properly.