Behavioral Health And Developmental Services, Department Of
Virginia 2012 Regular Session
Barrier crimes; clarifies individual crimes included in background check and barrier crime statutes. [SB-97]
Barrier crimes; listing of crimes. Clarifies the individual crimes included in the background check and barrier crime statutes affecting the Department of Behavioral Health and Developmental Services, certain licensees of the Department of Behavioral Health and Developmental Services, the Department of Social Services, and certain licensees of the Department of Social Services.
Sponsored by: Sen. John Edwards
Senate: Continued To 2013 In Courts Of Justice (15-y 0-n) on 02/08/2012
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Sexually violent predators; civil commitment, report. [SB-91]
Civil commitment of sexually violent predators. Removes current language citing the Static-99 and score of "5" as the factor that determines whether violent sex offenders who are being released from prison must be referred for further review for possible civil commitment as a sexually violent predator. In its place, the bill directs the Commissioner of the Department of Behavioral Health and Developmental Services to prescribe a process for the Department of Corrections to use to identify offenders who warrant further assessment as a possible sexually
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Sponsored by: Sen. Janet Howell
Senate: Incorporated By Courts Of Justice on 01/30/2012
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Virginia 2012 Regular Session
Guardianship; restriction of visitation. [SB-9]
Guardianship; restriction of visitation. Allows a guardian to restrict visitation of an incapacitated person, unless there is a previously executed advance directive or durable power of attorney specifying otherwise.
Sponsored by: Sen. Louise Lucas
Senate: Passed By Indefinitely In Courts Of Justice (13-y 1-n) on 01/16/2012
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Virginia 2012 Regular Session
Guardians; disposition of remains. [SB-8]
Guardians; disposition of remains. Grants both public and private guardians authority to make arrangements for the funeral and disposition of remains, including cremation, interment, entombment, memorialization, inurnment, or scattering of the cremains, or some combination thereof, if the guardian is not aware of any person that has been otherwise designated to make such arrangements. The bill also clarifies that such guardians may make such arrangements if the next of kin of the deceased does not wish to make the arrangements or cannot be located.
Sponsored by: Sen. Louise Lucas
Governor: Acts Of Assembly Chapter Text (chap0463) on 03/30/2012
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Virginia 2012 Regular Session
Higher educational institutions; mental health treatment coordination. [SB-623]
Higher education; mental health treatment coordination. Requires the governing board of each four-year public institution of higher education to establish a written memorandum of understanding with their local community services board or behavioral health authority, local hospitals, and other local mental health facilities in order to expand the scope of services available to students seeking treatment. Each four-year institution of higher education shall designate a contact person to be notified when a student is involuntarily committed, or when
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Sponsored by: Sen. John Petersen
House: Left In Education on 03/10/2012
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Virginia 2012 Regular Session
Psychiatric hospital admissions; local inmates. [SB-585]
Psychiatric hospital admissions; local inmates. Amends the criteria for psychiatric inpatient admission for inmates at local correctional facilities to add mentally ill inmates for whom there exists a substantial likelihood that they will suffer serious harm due to their lack of capacity to protect themselves from harm or to provide for their basic human needs. Under current law the standard is that the mentally ill inmate will cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm.
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Sponsored by: Sen. Ralph Northam
House: Left In Appropriations on 03/10/2012
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Virginia 2012 Regular Session
Sexually violent predators; conducting probable cause hearing. [SB-461]
Commitment of sexually violent predators; probable cause hearing; use of video and audio communication system. Provides that the hearing to determine whether probable cause exists to believe that a person is a sexually violent predator who should be civilly committed may be conducted by using a two-way electronic video and audio communication system.
Sponsored by: Rep. Thomas Garrett
Governor: Acts Of Assembly Chapter Text (chap0121) on 03/06/2012
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Virginia 2012 Regular Session
Financial exploitation of elderly or incapacitated adults; penalty. [SB-431]
Financial exploitation of elderly or incapacitated adults; penalty. Provides that it is a felony punishable by imprisonment in a state correctional facility for not less than one nor more than 20 years to knowingly and without legal justification, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, or take control of an incapacitated adult’s money, assets, property, or financial resources with the intent to permanently deprive the adult of the use, benefit, or possession of the property
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Sponsored by: Sen. Adam Ebbin
House: Left In Appropriations on 03/10/2012
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Virginia 2012 Regular Session
Mental health and developmental services; replaces certain terminology, technical amendments. [SB-387]
Mental health and developmental services; terminology. Replaces the terms "mental retardation" and "mental deficiency" with the term "intellectual disability" when referring to the diagnosis of, and with the term "developmental" when referring to services for, individuals with intellectual disabilities; replaces the terms "mentally retarded," "mentally deficient," and "mentally defective" with the term "individual with intellectual disability"; replaces the terms "consumer," "patient," and "resident" with the term "individual receiving services"
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Sponsored by: Sen. John Miller
Governor: Acts Of Assembly Chapter Text (chap0476) on 03/30/2012
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Virginia 2012 Regular Session
Higher educational institutions; may require any accepted student provide complete record. [SB-375]
Student records; mental health. Clarifies that an institution of higher education may require that any accepted student provide a complete student record, including any mental health record, from not only his high school but also any other institution of higher education he has attended.
Sponsored by: Sen. George Barker
Governor: Acts Of Assembly Chapter Text (chap0347) on 03/22/2012
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Virginia 2012 Regular Session
Higher educational institutions; mental health and parental notification policies. [SB-374]
Higher education; mental health and parental notification policies. Provides that any person licensed to diagnose and treat mental, emotional, or behavioral disorders who is treating a student may determine to withhold parental notification of a dependent student's mental health treatment if such person determines that the notification may result in substantial harm. Currently, only a physician or clinical psychologist can make such a determination.
Sponsored by: Sen. George Barker
Governor: Acts Of Assembly Chapter Text (chap0716) on 04/09/2012
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Virginia 2012 Regular Session
Community Colleges, State Board for; development of mental health services. [SB-372]
State Board for Community Colleges; mental health services. Requires the State Board for Community Colleges to develop standards and policies directing community colleges to adopt, incrementally and as resources become available, a mental health services action plan.
Sponsored by: Sen. George Barker
Senate: Committee Substitute Printed 12104812d-s1 on 02/09/2012
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Virginia 2012 Regular Session
Judicial authorization of treatment; advance directives. [SB-371]
Judicial authorization of treatment; advance directives. Provides that a court may authorize medical treatment for an incapacitated person when there is no available person with legal authority to make such decisions under (i) the advance directive of the incapacitated person; (ii) the regulations promulgated by the State Board of Behavioral Health and Developmental Services; or (iii) other applicable law. The court may not authorize treatment that is contrary to the provisions of an advance directive or is proven by a preponderance of the evidence
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Sponsored by: Sen. George Barker
Governor: Acts Of Assembly Chapter Text (chap0115) on 03/06/2012
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Virginia 2012 Regular Session
Sexually violent predators; Director of DOC determines if prisoner meets definition. [SB-314]
Sexually violent predators; civil commitment. Provides for determination by the Director of the Department of Corrections for referral of certain prisoners for assessment as sexually violent predators if they appear to meet the definition of sexually violent predators and to exclude from referral those who are incapacitated by debilitating illness. The bill also provides that the Director of the Department of Corrections, in coordination with the Department of Behavioral Health and Developmental Services, shall develop assessment protocols to determine
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Sponsored by: Sen. Harry Blevins
Governor: Acts Of Assembly Chapter Text (chap0668) on 04/06/2012
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Virginia 2012 Regular Session
Crimes against incapacitated or elder adults; penalty. [SB-285]
Crimes against incapacitated or elder adults; penalty. Provides that any person who commits an offense set forth in Chapter 4 (crimes against the person), Chapter 5 (crimes against property), or Chapter 6 (crimes involving fraud) of Title 18.2, knowing or having reason to know that the victim of the offense is an incapacitated or elder adult, is guilty of a separate and distinct Class 1 misdemeanor if the underlying offense is a misdemeanor and a separate and distinct Class 6 felony if the underlying offense is a felony. The bill also provides that
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Sponsored by: Sen. Mark Herring
Senate: Incorporated By Courts Of Justice on 02/01/2012
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Virginia 2012 Regular Session
Financial exploitation of elderly or incapacitated adults; punishable as larceny, etc. [SB-222]
Financial exploitation of certain adults; penalty. Provides that it is larceny for a person to knowingly, by deception, intimidation, undue influence, coercion, harassment, duress, or misrepresentation, use, obtain, convert, take control of or endeavor to control, the money, assets, property, or financial resources of an incapacitated adult or an adult over 60 years of age, and convert the property to his own use or benefit. If the person is in a fiduciary relationship the penalty is a Class 3 felony.
Sponsored by: Sen. Mark Herring
Senate: Incorporated By Courts Of Justice on 02/01/2012
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Virginia 2012 Regular Session
Forensic evidence; delay in collecting for sexual assault cases. [SB-205]
Collection of forensic evidence; consent. Allows the collection of forensic evidence in cases of suspected sexual assault where the alleged victim may not be legally capable of giving consent.
Sponsored by: Rep. Thomas Garrett
House: Left In Courts Of Justice on 03/10/2012
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Virginia 2012 Regular Session
Hospital discharge procedures; community services boards to provide information on certain services. [SB-201]
Hospital discharge; follow-up care. Requires hospitals to educate patients, and in certain circumstances their families, about follow-up care, treatment, and services upon discharge. The bill also requires community services boards to provide information to hospitals about alcohol and substance abuse services available to minors.
Sponsored by: Sen. Dave Marsden
Governor: Acts Of Assembly Chapter Text (chap0813) on 04/18/2012
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Virginia 2012 Regular Session
Intellectual disability and developmental services; replaces certain terminology, tech. amendments. [SB-191]
Intellectual disability and developmental services; terminology. Replaces the terms "mental retardation" and "mental deficiency" with the term "intellectual disability" when referring to the diagnosis of, and with the term "developmental" when referring to services for, individuals with intellectual disabilities; replaces the terms "mentally retarded," "mentally deficient," and "mentally defective" with the term "individual with intellectual disability."
Sponsored by: Sen. John Miller
Senate: Incorporated By Education And Health on 02/02/2012
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Virginia 2012 Regular Session
Wills, trusts, and fiduciaries; revising and recodifying laws. [SB-115]
Revision of Title 64.1. Creates proposed Title 64.2 (Wills, Trusts, and Fiduciaries) as a revision of existing Titles 26 (Fiduciaries Generally), 31 (Guardian and Ward), and 64.1 (Wills and Decedents' Estates), as well as portions of Titles 37.2 (Behavioral Health and Developmental Services) and 55 (Property and Conveyances). Proposed Title 64.2 consists of 27 chapters divided into five subtitles: Subtitle I (General Provisions); Subtitle II (Wills and Decedents' Estates); Subtitle III (Trusts); Subtitle IV (Fiduciaries and Guardians); and Subtitle
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Sponsored by: Sen. Ryan McDougle
Governor: Acts Of Assembly Chapter Text (chap0614) on 04/04/2012