Prisoners; medical and mental health treatment of those incapable of giving consent.
Summary
Establishes a process for the sheriff or administrator in charge of a local or regional correctional facility to petition a court to authorize medical or mental health treatment for a prisoner in such facility who is incapable of giving informed consent for such treatment. The process parallels the existing process for the Director of the Department of Corrections to seek authorization to provide involuntary treatment to prisoners in state correctional facilities. The bill requires the court to authorize such treatment in a facility designated by the sheriff or administrator upon finding that the prisoner is incapable, either mentally or physically, of giving informed consent; that the prisoner does not have a relevant advanced directive, guardian, or other substitute decision maker; that the proposed treatment is in the best interests of the prisoner; and that the jail has sufficient medical and nursing resources available to safely administer the treatment and respond to any adverse side effects that might arise from the treatment. The bill provides that the treatment ordered may be provided within a local or regional correctional facility if such facility is licensed to provide such treatment. If statutory procedures are followed, the service provider does not have liability based on lack of consent or lack of capacity to consent unless there is injury or death resulting from gross negligence or willful and wanton misconduct.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2019
Committee Review
Feb 2019
House of Delegates Passage
Jan 2019
Senate Passage
Feb 2019
Signed into Law
Mar 2019
Introduced Jan 5, 2019
Signed Mar 26, 2019
Floor votes · Senate Feb 11, 2019
How they voted
37–0
Passed
Total votes 37
Feb 11, 2019
D
Democratic17
100% Yea
R
Republican20
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
24
Key actions
6
Committee
7
Amendments
3
Mar 26, 2019
Signed into law
Approved by Governor-Chapter 809 (effective 7/1/19)
executive
Feb 14, 2019
Introduced
Senate amendment agreed to by House (98-Y 0-N)
lower
Feb 12, 2019
Introduced
Engrossed by Senate as amended
upper
Feb 12, 2019
Upper · Passed
Committee amendment agreed to
upper
Feb 12, 2019
Introduced
Reading of amendment waived
upper
Feb 11, 2019
Senate · Passed
Senate Vote: pass (37-0)
senate
Jan 30, 2019
Committee
Rereferred to Rehabilitation and Social Services
upper
Jan 28, 2019
Committee
Referred to Committee for Courts of Justice
upper
Jan 25, 2019
Lower · Passed
Read third time and passed House BLOCK VOTE (97-Y 0-N)
lower
Jan 24, 2019
Lower · Passed
Engrossed by House - committee substitute HB1933H1
lower
Jan 24, 2019
Lower · Passed
Committee substitute agreed to 19104834D-H1
lower
Jan 14, 2019
Committee
Assigned Courts sub: Subcommittee #1
lower
Jan 5, 2019
Committee
Referred to Committee for Courts of Justice
lower
Jan 5, 2019
Introduced
Prefiled and ordered printed; offered 01/09/19 19100189D
lower
1 primary · 2 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Patrick Hope
DDemocratic
Co
Liz Guzmán
DDemocratic
Co
Sam Rasoul
DDemocratic
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