Civil commitments & temporary detention orders; def. of mental illness neurocognitive disorders.
Summary
Civil commitments and temporary detention orders; definition of mental illness neurocognitive disorders and neurodevelopmental disabilities; Secretary of Health and Human Resources to evaluate placements for certain individuals; workgroup; report. Specifies that for the purpose of civil commitments and temporary detention orders, behaviors and symptoms that manifest from a neurocognitive disorder or neurodevelopmental disability are excluded from the definition of mental illness and are, therefore, not a basis for placing an individual under a temporary detention order or committing an individual involuntarily to an inpatient psychiatric hospital. The bill provides that if a state facility has reason to believe that an individual's behaviors or symptoms are solely a manifestation of a neurocognitive disorder or neurodevelopmental disability, the state facility may require that a licensed psychiatrist or other licensed mental health professional reevaluate the individual's eligibility for a temporary detention order before the individual is admitted. Under the bill, if the licensed psychiatrist or other licensed mental health professional determines the individual's behaviors or symptoms are solely a manifestation of a neurocognitive disorder or neurodevelopmental disorder, the state facility shall promptly authorize the release of the person held under a temporary detention order and the local community services board shall provide a discharge plan. The foregoing provisions of the bill do not become effective unless reenacted by the 2025 Session of the General Assembly. The bill also directs the Secretary of Health and Human Resources to convene a workgroup to evaluate, identify, and develop placements for individuals with neurocognitive disorders and neurodevelopmental disabilities, specify any statutory or funding changes needed to prevent inappropriate placements for such individuals, as well as provide recommendations for training of magistrates and community services boards related to the implementation of the bill, and to report the findings and recommendations by November 1, 2024. As introduced, this bill is a recommendation of the Joint Legislative Audit and Review Commission and the Behavioral Health Commission.
Bill status
signed
all 5 stages cleared
Introduction
Jan 2024
Committee Review
Feb 2024
Senate Passage
Mar 2024
House of Delegates Passage
Mar 2024
Signed into Law
Apr 2024
Introduced Jan 8, 2024
Signed Apr 5, 2024
Floor votes · Senate Feb 12, 2024 · House of Delegates Mar 1, 2024
How they voted
40–0
Passed
Total votes 40
Feb 12, 2024
D
Democratic21
100% Yea
R
Republican19
100% Yea
Vote distribution
All Yea
All Nay
Mixed
No data
Full legislative history
Actions timeline
Total actions
46
Key actions
13
Committee
12
Apr 5, 2024
Signed into law
Approved by Governor-Chapter 579 (effective - see bill)
executive
Mar 9, 2024
Upper · Passed
Signed by President
upper
Mar 8, 2024
Lower · Passed
Signed by Speaker
lower
Mar 8, 2024
Upper · Passed
Bill text as passed Senate and House (SB176ER)
upper
Mar 4, 2024
Upper · Passed
Passed by for the day
upper
Mar 1, 2024
Lower · Passed
VOTE: Block Vote Passage (97-Y 0-N)
lower
Mar 1, 2024
Lower · Passed
Passed House with substitute BLOCK VOTE (97-Y 0-N)
lower
Feb 27, 2024
Lower · Passed
Reported from Health and Human Services with substitute (21-Y 0-N)
lower
Feb 16, 2024
Committee
Referred to Committee on Health and Human Services
lower
Feb 16, 2024
Committee
Referred from Courts of Justice
lower
Feb 15, 2024
Committee
Referred to Committee for Courts of Justice
lower
Feb 13, 2024
Upper · Passed
Passed Senate (40-Y 0-N)
upper
Feb 12, 2024
Upper · Passed
Reported from Finance and Appropriations (15-Y 0-N)
upper
Feb 12, 2024
Senate · Passed
Senate Vote: pass (40-0)
senate
Feb 8, 2024
Committee
Rereferred to Finance and Appropriations
upper
Feb 8, 2024
Upper · Passed
Reported from Education and Health with substitute (15-Y 0-N)
upper
Feb 6, 2024
Upper · Passed
Senate subcommittee amendments and substitutes offered
upper
Feb 5, 2024
Committee
Assigned Education and Health Sub: Health
upper
Jan 19, 2024
Committee
Rereferred to Education and Health
upper
Jan 19, 2024
Committee
Rereferred from Rehabilitation and Social Services (10-Y 0-N)
upper
Jan 8, 2024
Committee
Referred to Committee on Rehabilitation and Social Services
upper
1 primary · 0 co-sponsors
Sponsors
Role
Legislator
Party
State
District
P
Barbara Favola
DDemocratic
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