Inmates; emergency psychiatric treatment. (SB440)

Introduced By

Sen. Don McEachin (D-Richmond)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Mentally ill defendants; treatment and hospitalization. Establishes a new standard for hospitalizing mentally ill criminal defendants. Hospitalization may occur when the defendant has a mental illness and there exists a substantial likelihood that, as a result of that mental illness, the defendant will, in the near future, cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm. Under current law the standard is "imminently dangerous to himself or others." The provision applies to pretrial, after conviction but before sentencing, and after sentencing. The bill specifies that the evaluation must be done face-to-face by an employee of the community services board or its designee who is skilled in the assessment and treatment of mental illness and has completed a certification program approved by the Department of Mental Health, Mental Retardation and Substance Abuse Services. Read the Bill »


Bill Has Failed


01/08/2008Prefiled and ordered printed; offered 01/09/08 081530820
01/08/2008Referred to Committee for Courts of Justice
01/16/2008Impact statement from DPB (SB440)
01/21/2008Assigned Courts sub: Special on Proposed Mental Health Legislation
01/28/2008Committee substitute printed 080853628-S1
01/28/2008Reported from Courts of Justice with substitute (14-Y 0-N) (see vote tally)
01/28/2008Rereferred to Finance
02/04/2008Impact statement from DPB (SB440S1)
02/13/2008Continued to 2009 in Finance (16-Y 0-N) (see vote tally)