Virginia Supreme Court To Launch State Mental Health Law Review

Main Category: Mental Health
Also Included In: Litigation / Medical Malpractice
Article Date: 16 Oct 2006 - 22:00 PDT


Virginia Supreme Court Chief Justice Leroy Hassell on Thursday will launch the Commission on Mental Health Reform, "the broadest review of the state's mental health laws in three decades" intended to produce an "omnibus mental health reform package" to present to the 2008 General Assembly, the Richmond Times-Dispatch reports. (McKelway, Richmond Times-Dispatch, 10/11). The commission will comprise five task forces that will develop recommendations for "reform legislation." Hassell has asked that the commission study whether to modify the criteria for placing people in emergency care by eliminating a requirement that they pose an "imminent" danger to themselves or others. The commission also will evaluate whether expanded temporary evaluation periods would allow people to receive treatment when they cannot recognize the need themselves. In addition, the commission will study how to direct individuals with mental illnesses out of the criminal justice system and into the mental health system. According to Richard Bonnie, a law professor at the University of Virginia who will oversee the commission with Hassell, the commission also will examine establishing a legal foundation for "recovery" for those who are able to participate in choosing their treatment and provide a greater range of choices. Bonnie said, "I hope we will be able to do evaluations of what the various policy options will cost," adding that the commission will show legislators that "if we fill in gaps in service, that is going to reduce the cost of commitments and also reduce costs in the legal system." Though mental health experts have embraced the commission, some question what changes will be suggested and when changes would be implemented (Jackman, Washington Post, 10/11).

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