Mandatory outpatient treatment; acknowledgement of transfer & receipt of order within 5 days. (SB439)
Introduced By
Sen. George Barker (D-Alexandria) with support from co-patron Sen. Adam Ebbin (D-Alexandria)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
✓ |
Signed by Governor |
☐ |
Became Law |
Description
Mandatory outpatient treatment. Specifies that upon motion and prior to the release date of (1) any person who has been the subject of a temporary detention order and voluntarily admitted himself or (2) any involuntarily admitted person, the judge or special justice shall order mandatory outpatient treatment for such person if he finds by clear and convincing evidence that (i) the person has a history of lack of compliance with treatment for mental illness and as a result of such noncompliance, on at least two previous occasions within 36 months preceding the date of the hearing, has been (a) involuntarily admitted pursuant to 37.2-817 or (b) the subject of a temporary detention order and voluntarily admitted himself in accordance with subsection B of 37.2-814; (ii) in view of the person's treatment history and current behavior, the person is in need of mandatory outpatient treatment following inpatient treatment in order to prevent a relapse or deterioration that would be likely to result in the person meeting the criteria for involuntary inpatient treatment; (iii) as a result of mental illness, the person is unlikely to voluntarily participate in outpatient treatment unless the court enters an order authorizing discharge to mandatory outpatient treatment following inpatient treatment; (iv) the person has agreed to abide by his discharge plan and has the ability to do so; (v) the ordered treatment will be delivered on an outpatient basis by the community services board or designated provider to the person; and (vi) the person is likely to benefit from mandatory outpatient treatment. The bill also specifies that a judge or special justice may authorize the treating physician to discharge the person to mandatory outpatient treatment under a discharge plan if the judge or special justice finds the same criteria as above. The bill also authorizes the judge or special justice to consider hearsay and other types of evidence when considering the history of lack of compliance of a patient. Read the Bill »
Outcome
History
Date | Action |
---|---|
01/07/2014 | Prefiled and ordered printed; offered 01/08/14 14101200D |
01/07/2014 | Referred to Committee on Education and Health |
01/14/2014 | Assigned Education sub: Mental Health |
01/23/2014 | Impact statement from DPB (SB439) |
01/30/2014 | Reported from Education and Health (14-Y 0-N) (see vote tally) |
01/31/2014 | Constitutional reading dispensed (40-Y 0-N) |
02/03/2014 | Read second time and engrossed |
02/04/2014 | Read third time and passed Senate (40-Y 0-N) |
02/07/2014 | Placed on Calendar |
02/07/2014 | Read first time |
02/07/2014 | Referred to Committee for Courts of Justice |
02/14/2014 | Assigned Courts sub: Mental Health |
02/19/2014 | Subcommittee recommends reporting (10-Y 0-N) |
02/26/2014 | Subcommittee recommends reporting (9-Y 0-N) |
02/28/2014 | Reported from Courts of Justice with substitute (18-Y 0-N) (see vote tally) |
02/28/2014 | Committee substitute printed 14105112D-H1 |
03/04/2014 | Read second time |
03/05/2014 | Read third time |
03/05/2014 | Committee substitute agreed to 14105112D-H1 |
03/05/2014 | Engrossed by House - committee substitute SB439H1 |
03/05/2014 | Passed House with substitute BLOCK VOTE (100-Y 0-N) |
03/05/2014 | VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) (see vote tally) |
03/06/2014 | House substitute rejected by Senate (2-Y 37-N) |
03/06/2014 | House insisted on substitute |
03/06/2014 | House requested conference committee |
03/06/2014 | Senate acceded to request (37-Y 0-N) |
03/06/2014 | Conferees appointed by Senate |
03/06/2014 | Senators: Barker, Locke, Black |
03/06/2014 | Conferees appointed by House |
03/06/2014 | Delegates: Yost, Bell, R.B., McClellan |
03/08/2014 | Conference substitute printed 14105670D-S1 |
03/08/2014 | Conference report agreed to by House (99-Y 0-N) |
03/08/2014 | VOTE: ADOPTION (99-Y 0-N) (see vote tally) |
03/08/2014 | Conference report agreed to by Senate (40-Y 0-N) |
03/17/2014 | Enrolled |
03/17/2014 | Bill text as passed Senate and House (SB439ER) |
03/17/2014 | Signed by President |
03/18/2014 | Signed by Speaker |
04/03/2014 | Impact statement from DPB (SB439ER) |
04/03/2014 | G Approved by Governor-Chapter 538 (effective 7/1/14) |
04/03/2014 | G Acts of Assembly Chapter text (CHAP0538) |