SB158: Mental health courts; definition, district and circuit courts may establish in any jurisdiction.


SENATE BILL NO. 158
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the House Committee for Courts of Justice
on March 8, 2010)
(Patron Prior to Substitute--Senator Edwards)
A BILL to amend and reenact ?? 16.1-69.35 and 17.1-502 of the Code of Virginia, relating to separate court dockets.

Be it enacted by the General Assembly of Virginia:

1. That ?? 16.1-69.35 and 17.1-502 of the Code of Virginia are amended and reenacted as follows:

? 16.1-69.35. Administrative duties of chief district judge.

The chief judge of each district shall have the following administrative duties and authority with respect to his district:

1. When any district court judge is under any disability or for any other cause is unable to hold court and the chief judge determines that assistance is needed:

a. The chief district judge shall designate a judge within the district or a judge of another district court within the Commonwealth, if one is reasonably available, to hear and dispose of any action or actions properly coming before such district court for disposition;

b. If unable to designate a judge as provided in subdivision 1 a, the chief district judge may designate a retired district judge for such hearing and disposition if such judge consents; or

c. If unable to assign a retired district court judge, the chief district judge may designate a retired circuit court judge if such judge consents or the chief district judge may request that the Chief Justice of the Supreme Court designate a circuit judge if such judge consents.

If no judges are available under subdivision a, b or c, then a substitute judge shall be designated pursuant to ? 16.1-69.21.

While acting, any judge so designated shall have all the authority and power of the judge of the court, and his order or judgment shall, to all intents and purposes, be the judgment of the court. A general district court judge designated pursuant to subdivision 1 a, may, with his consent, substitute for or replace a juvenile and domestic relations district court judge, and vice versa. The names of the judges designated under subdivisions b and c shall be selected from a list provided by the Executive Secretary and approved by the Chief Justice of the Supreme Court.

2. The chief general district court judge of a district may designate any juvenile and domestic relations district court judge of the district, with the judge's consent, for an individual case or to sit and hear cases for a period of not more than one year, in any of the general district courts within the district. The chief juvenile and domestic relations district court judge of a district may designate any general district court judge of the district, with the judge's consent, for an individual case or to sit and hear cases for a period of not more than one year, in any of the juvenile and domestic relations district courts within the district. Every judge so designated shall have the same powers and jurisdiction and be authorized to perform the same duties as any judge of the district for which he is designated to assist, and, while so acting, his order or judgment shall be, for all purposes, the judgment of the court to which he is assigned.

3. If on account of congestion in the work of any district court or when in his opinion the administration of justice so requires, the Chief Justice of the Supreme Court may, upon his own initiative or upon written application of the chief district court judge desiring assistance, designate a judge from another district or any circuit court judge, if such circuit court judge consents, or a retired judge to provide judicial assistance to such district. Every judge so designated shall have the same powers and jurisdiction and be authorized to perform the same duties as any judge of the district for which he is designated to assist and while so acting his order or judgment shall be, to all intents and purposes, the judgment of the court to which he is assigned.

4. Subject to such rules as may be established pursuant to ? 16.1-69.32, the chief judge may establish special divisions of any general district court when the work of the court may be more efficiently handled thereby such as through the establishment of special civil, criminal or traffic divisions, and by establishment of separate dockets, and he may assign the judges of the general district court with respect to serving such special divisions and dockets. In the City of Richmond the general district court shall, in addition to any specialized divisions, maintain a separate division of such court in that part of Richmond south of the James River with concurrent jurisdiction in civil matters whenever one or more of the defendants reside or the cause of action or any part thereof arises in that part of the city, concurrent jurisdiction over all traffic matters arising in that part of the city and exclusive jurisdiction over all other criminal matters arising in that part of the city.

5. Subject to such rules as may be established pursuant to ? 16.1-69.32, the chief judge shall determine when the district courts or divisions of such courts shall be open for the transaction of business. The chief judge or presiding judge of any district court may authorize the clerk's office to close on any date when the chief judge or presiding judge determines that operation of the clerk's office, under prevailing conditions, would constitute a threat to the health or safety of the clerk's office personnel or the general public. Closing of the clerk's office pursuant to this subsection shall have the same effect as provided in subsection B of ? 1-210. In determining whether to close because of a threat to the health or safety of the general public, the chief judge or the presiding judge of the district court shall coordinate with the chief judge or presiding judge of the circuit court so that, where possible and appropriate, both the circuit and district courts take the same action. He shall determine the times each such court shall be held for the trial of civil, criminal or traffic matters and cases. He shall determine whether, in the case of district courts in counties, court shall be held at any place or places in addition to the county seat. He shall determine the office hours and arrange a vacation schedule of the judges within his district, in order to ensure the availability of a judge or judges to the public at normal times of business. A schedule of the times and places at which court is held shall be filed with the Executive Secretary of the Supreme Court and kept posted at the courthouse, and in any county also at any such other place or places where court may be held, and the clerk shall make such schedules available to the public upon request. Any matter may, in the discretion of the judge, or by direction of the chief district judge, be removed from any one of such designated places to another, or to or from the county seat, in order to serve the convenience of the parties or to expedite the administration of justice; however, any town having a population of over 15,000 as of July 1, 1972, having court facilities and a court with both general criminal and civil jurisdiction prior to July 1, 1972, shall be designated by the chief judge as a place to hold court.

6. Subject to the provisions of ? 16.1-69.38, the chief judge of a general district court or the chief judge of a juvenile and domestic relations district court may establish a voluntary civil mediation program for the alternate resolution of disputes. The costs of the program shall be paid by the local governing bodies within the district or by the parties who voluntarily participate in the program.

? 17.1-502. Administrator of circuit court system.

The To the extent that such authority is not vested in the circuit courts or the judge or judges thereof, the Executive Secretary of the Supreme Court shall be the administrator of the circuit court system, which shall include responsibility for the operation and maintenance of a case management system and financial management system, and related technology improvements, that the Executive Secretary shall deem necessary for the administration of the circuit court system. The Executive Secretary shall permit an interface with the case management system, financial management system, and related technology improvements for the purpose of providing electronic information to state agencies, upon request of any circuit court that uses automation or technology improvements provided by a private vendor or the locality. The circuit court clerk and the clerk's designated application service provider shall comply with the security and data standards established by the Executive Secretary for any such interface between a case management or financial management system operated by a circuit court clerk and the systems of the Executive Secretary. The costs of designing, implementing, and maintaining any such interface with the systems of the Executive Secretary shall be the responsibility of the circuit court clerk. Any expenses incurred within the office of the Executive Secretary, not to exceed $104,280, related to the operation and maintenance of such interfaces with the case management system and financial management system shall be reimbursed through the Technology Trust Fund established pursuant to subsection A of ? 17.1-279. The Executive Secretary shall assist the chief judges in the performance of their administrative duties, but shall not supersede any authority granted to the circuit courts or the judges thereof. He may employ such staff and other assistants, from state funds appropriated to him for the purpose, as may be necessary to carry out his duties, and may secure such office space as may be requisite, to be located in an appropriate place to be selected by the Executive Secretary.


SENATE BILL NO. 158
AMENDMENT IN THE NATURE OF A SUBSTITUTE
(Proposed by the Senate Committee for Courts of Justice
on February 8, 2010)
(Patrons Prior to Substitute--Senators Edwards and Miller, J.C. [SB 592])
A BILL to amend the Code of Virginia by adding a section numbered 19.2-180.1, relating to specialized court dockets.

Whereas, the tightening of state laws regulating involuntary hospitalization and the downsizing of state psychiatric hospitals have led some persons with mental illness to slip through the cracks in the community mental health system and to end up homeless, without medication, and arrested by police; and

Whereas, an estimated 1,255,700 mentally ill offenders were incarcerated in the nation's state and federal prisons and local jails, according to a report issued in 2006 by the U.S. Department of Justice, and an additional 547,800 persons with mental illness were on probation in the community, according to a report issued in 1999 by the U.S. Department of Justice; and

Whereas, the U.S. Department of Justice also found that more than half of all inmates in state and federal prisons and local jails had mental health problems; and

Whereas, the mission of mental health courts is to increase public safety and deal humanely with individuals with mental disorders who enter the criminal justice system; and

Whereas, in 1999, Broward County, Florida, and King County, Washington, instituted Mental Health Courts, the goals of which were to provide effective cooperation between the mental health treatment system and the criminal justice system, offer faster case processing time, improve access to public mental health treatment services, improve public safety, and reduce the rate of return through the courts and jail of persons with mental illness; and

Whereas, on November 13, 2000, President Clinton signed into law landmark legislation that established a national mental health courts demonstration program for nonviolent offenders with severe mental illnesses that seeks to divert such offenders from jails and place them into appropriate community programs; and

Whereas, Congress authorized an appropriation of $4 million for fiscal year 2002 for grants to states and municipalities to establish mental health courts to hear cases involving individuals with severe mental illnesses charged with misdemeanors or nonviolent felonies for the purpose of diverting as many of these cases as possible away from criminal incarceration into appropriate mental health treatment services. Those funds will also support specialized training for law-enforcement and judicial personnel to identify and address the unique needs of people with serious mental illness who come into contact with the criminal justice system; and

Whereas, as of June 2005, there were approximately 125 operational mental health courts in 36 states; and

Whereas, although Virginia did not take advantage of the initial opportunity to apply for federal funding, additional funding opportunities may become available; now, therefore,

Be it enacted by the General Assembly of Virginia:

1. That the Code of Virginia is amended by adding a section numbered 19.2-180.1 as follows:

? 19.2-180.1. Mental Health Courts.

A. For purposes of this section:

"Mental health court" means a separate court docket within the existing calendar of a district or circuit court offering judicial monitoring of the treatment and supervision of certain individuals with mental illness who are under the jurisdiction of the criminal court. Any such court shall be required to have (i) identification of eligible individuals; (ii) the provision of services by a willing local community services board or behavioral health authority serving the territorial jurisdiction of the court and which can provide, or contract for the provision of, appropriate treatment and services for the offender; (iii) court-established treatment and compliance terms of participation; and (iv) a process for monitoring the adherence to court requirements.

"Offender" means an individual with mental illness who is under the jurisdiction of the criminal court and is capable of making, and is provided the opportunity to make, an informed decision as to his participation in the mental health court.

B. Any district court or circuit court may establish a mental health court. Nothing contained in this section shall confer a right or an expectation of a right to the establishment of a mental health court in any jurisdiction or to treatment for an offender; neither shall it be construed as requiring a mental health court to accept for participation every offender.

Any community services board or behavioral health authority, agency,  or organization serving the territorial jurisdiction of the court, or any locality sharing, in whole or in part, territorial limits with such court, may apply for and accept any grants or funding available to establish or operate such mental health court.

SENATE BILL NO. 158
Offered January 13, 2010
Prefiled January 11, 2010
A BILL to amend the Code of Virginia by adding a section numbered 19.2-180.1, relating to mental health courts.
Patron-- Edwards

Referred to Committee for Courts of Justice

Be it enacted by the General Assembly of Virginia:

1.  That the Code of Virginia is amended by adding a section numbered 19.2-180.1 as follows:

§ 19.2-180.1. Mental health courts.

A. For purposes of this section, "mental health court" means a specialized court docket within the existing structure of Virginia's court system offering judicial monitoring of the treatment and supervision of individuals with mental illness who have pending criminal charges.

B. The Office of the Executive Secretary of the Supreme Court shall invite applications from any jurisdiction or any combination of jurisdictions intending to establish a mental health court to commence operation by January 1, 2011. Such applications shall include (i) an agreement from the local community services board or behavioral health authority serving the jurisdiction or combination of jurisdictions to provide or contract for the provision of such services as are necessary to assure that clients of the mental health court have access to appropriate services; (ii) a statement from the general district or circuit court serving the jurisdiction, or a statement from the general district or circuit courts serving the combination of jurisdictions, agreeing to establish a mental health court; and (iii) a plan for evaluating the mental health court and an agreement between the court or courts and the community services board to carry out the plan. Notwithstanding any other provision of this section, no mental health court shall be established unless the Executive Secretary approves such application.

C. Each jurisdiction or combination of jurisdictions that intends to establish a mental health court shall establish a local mental health court advisory committee. Each advisory committee shall ensure quality, efficiency, and fairness in the planning, implementation, and operation of the mental health court that serves the jurisdiction or combination of jurisdictions and evaluate the effectiveness of the mental health court in improving access to services and reducing arrest and incarceration rates. Advisory committee membership shall include the following persons or their designees: (i) the judge overseeing the mental health court; (ii) the attorney for the Commonwealth, and, where applicable, the city or county attorney who has responsibility for the prosecution of misdemeanor offenses; (iii) the public defender or a member of the local criminal defense bar in jurisdictions in which there is no public defender; (iv) the clerk of the court in which the mental health court is located; (v) the executive director of the community services board or behavioral health authority that serves the jurisdiction or combination of jurisdictions; (vi) the chief magistrate of the jurisdiction where the mental health court is located; (vii) a sheriff, chief of police, or jail superintendent of the jurisdiction where the mental health court is located; (viii) a representative of a local community-based probation and pretrial services agency; (ix) a representative of the Virginia Department of Corrections, or the Department of Juvenile Justice, or both, from the local office which serves the jurisdiction or combination of jurisdictions; (x) the mental health court administrator; and (xi) a citizen who serves or has served as an advocate for the rights of persons with mental illness.

D. Each jurisdiction or combination of jurisdictions that intends to establish a mental health court shall, in consultation with and the approval of the local mental health court advisory committee, establish criteria for the eligibility and participation of offenders who have been determined to have a mental illness. Such criteria shall specify and describe (i) clinical eligibility; (ii) charge eligibility, such as misdemeanor, felony, and non-violent offenses; and (iii) the target population, which may include juveniles, veterans of the armed forces of the United States, and adults within the jurisdiction of the juvenile and domestic relations district court. Subject to the provisions of this section, neither the establishment of a mental health court nor anything herein shall be construed as limiting the discretion of the attorney for the Commonwealth to prosecute any criminal case arising therein which he deems advisable to prosecute, except to the extent the participating attorney for the Commonwealth agrees to do so.

E. Each jurisdiction or combination of jurisdictions shall develop, in consultation with and approval of the local mental health court advisory committee, policies and procedures for the operation of the mental health court that include (i) prompt identification and placement of offenders in accordance with the eligibility criteria; (ii) prompt scheduling of hearings in cases in which an offender meeting the eligibility criteria has agreed to participate in a treatment program operated by the local community services board or behavioral health authority, or by another public or private mental health care provider in agreement with the community services board or behavioral health authority; and (iii) monitoring and disposing of the case under specified conditions or upon successful completion of or participation in the program.

F. Participation by an offender in a mental health court shall be voluntary and made pursuant only to a written agreement entered into by and between the offender and the Commonwealth with the concurrence of the court.

G. Nothing contained in this section shall confer a right or an expectation of a right to treatment for an offender or be construed as requiring a local mental health court to accept for participation every offender.

H. The Office of the Executive Secretary of the Supreme Court shall apply for any federal grants or other funding available to establish mental health courts. The Office of the Executive Secretary shall be responsible for providing oversight for the distribution of any grant funds it applies for and receives. Each jurisdiction or combination of jurisdictions establishing a mental health court may, with approval of the office of the Executive Secretary of the Supreme Court, apply for any federal or other funds available to establish and operate such court.

I. Each local mental health court advisory committee shall submit evaluative reports to the Office of the Executive Secretary of the Supreme Court as requested. The Office of the Executive Secretary of the Supreme Court shall submit a report to the General Assembly on the effectiveness and utilization of those mental health courts established pursuant to this section by December 1, 2013.