Development in Mental Health Law

Volume 36, Issue 3, Fall 2017

This issue of DMHL presents a feature article - An Opportunity for Further Reflection on Police Encounters with People in Mental Health Crisis – by Stephen L. Braga, Professor of Law, University of Virginia School of Law. Outlines of significant recent cases in various federal and state courts are also in this DMHL including cases involving due process with violent sex offenders, Eighth Amendment rights of jail inmates, forcible administration of antipsychotic medication, and other cases.

In This Issue:

I. Article: Holloman v. Markowski: An Opportunity for Further Reflection
on Police Encounters with People in Mental Health Crisis [p. 1]

II. Editor’s Comment: Excessive Force Jurisprudence and Police Encounters
with People in Mental Health Crisis [p. 16]

III. Case Law Developments
Federal Circuit Court Decisions [p. 22]
State Court Decisions [p. 30]

IV. Institute Programs [p. 40]

Characteristics of Communities Associated with Increased Utilization of State Hospitals

S.A. Larocco, R.J. Bonnie
December 2017

PRODUCED BY THE
Institute of Law, Psychiatry, and Public Policy at the University of Virginia.

Over the past three years, temporary detention order (TDO) admissions to state psychiatric hospitals have been on the rise in Virginia. This removes patients from their communities and creates unsafe conditions as state hospital utilization rises well above 90%. A previous report has identified some of the important events associated with the increase in the number of TDOs across the Commonwealth since 20141. The current report focuses on increases in TDO admissions to state hospitals. Much of the increase in TDOs to state hospitals is driven by increases in TDOs in general, especially in the Northern Virginia Mental Health Institute (MHI), Western State and Catawba catchment areas. There was, nonetheless, a substantial part of the increase attributable to changes in private hospital acceptance of patients under a TDO, especially in the Central State and Southwestern MHI catchment Areas.

Mental Illness in Jails Supplement, FY 2016

University of Virginia Institute of Law, Psychiatry and Public Policy
S.A. Larocco
April, 2017

Virginia’s Compensation Board provided data on jail inmates with mental illness. A previous report has been written that describes that data. This analysis expands on that report, providing additional detail on diverse components of the dataset such as inmate aggression and mental health screening.

Mental Illness In Jails Supplement, FY 2015

University of Virginia Institute of Law, Psychiatry and Public Policy
S.A. Larocco
April 2017

Virginia’s Compensation Board provided data on jail inmates with mental illness. A previous report has been written that describes that data. This analysis expands on that report, providing additional detail on diverse components of the dataset such as inmate aggression and mental health screening.

Rise in Temporary Detention Orders in Virginia, 2013-2017: Possible Contributing Factors

University of Virginia Institute of Law, Psychiatry and Public Policy
S A Larocco, R J Bonnie, H Zelle
January, 2017

From 2013 through 2017, there has been a substantial increase in temporary detention orders (TDO) in Virginia. State hospitals are absorbing an increasing number of these patients. This report explores various theories put forth to explain the increase in temporary detention orders in general. Factors that appear to have contributed to the increase in temporary detention orders in general include attention to the death of Austin Deeds, the implementation of the Governor’s Access Plan, and the opening of increasing numbers of crisis intervention team assessment centers, although other factors may have had subtle effects as well.

Developments in Mental Health Law

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Volume 36, Issue 2, Summer 2017

This issue of DMHL presents two premier articles on gun violence: a.The Gun Violence Restraining Order: An Opportunity for Common Ground in the Gun Violence Debate and b. Doctors, Patients, and Guns: The First Amendment Rights of Doctors to Counsel Patients about Gun Safety and the Statutory Privacy Rights of Firearm Owners. Case Law Developments in federal and states courts are highlighted.

In This Issue:

I. Article: The Gun Violence Restraining Order: An Opportunity for Common Ground in the Gun Violence Debate [p. 1]

II. Summary Tables of Preemptive Firearm Removal Statutes [p. 23]

III. Article: Doctors, Patients, and Guns: The First Amendment Rights of Doctors to Counsel Patients about Gun Safety and the Statutory Privacy Rights of Firearm Owners [p. 29]

IV. Case Law Developments
United States Supreme Court Decision [p. 35]
Federal Circuit Court Decisions [p. 36]
State Court Decisions [p. 42]

V. Institute Programs [p. 51]
 

Quarterly Statistical Report Adult Civil Commitment Proceedings in Virginia FY 2017, Q3

University of Virginia Institute of Law, Psychiatry and Public Policy
K.M. Faris
June 2017

Telemental Health in Emergency Settings

AA Allen and KM Faris
June 2017

PRODUCED BY THE
Institute of Law, Psychiatry, and Public Policy at the University of Virginia.
PREPARED FOR
The Joint Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century
WITH SUPPORT FROM THE
Department of Behavioral Health and Developmental Services

“Smart Practices” for Community Services Boards Learned from the Field

The following report was created to support “SJ-47” – the Joint Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century, specifically, the work of the Emergency Services Expert Advisory Panel. Telemental health has been frequently discussed by the panel as a way to enhance emergency services. In order to inform the panel and Community Services Boards (CSBs) statewide on how telemental health can be used specifically to enhance emergency services, researchers from the Institute of Law, Psychiatry, and Public Policy (ILPPP) have been looking closely at existing emergency telemental health practices and their current and potential use in emergency departments and other emergency settings. Researchers interviewed five CSBs who were identified as using emergency telemental health services through ILPPP surveys of CSBs in 2016. Two hospitals that have partnered with Fairfax-Falls Church CSB were also identified during the interview process and contacted for interviews on their experiences and perspectives on their internal use of telemental health and their telemental health partnerships with Fairfax-Falls Church CSB.

This report, using the experiences and examples provided by these existing programs, provides “smart practice” recommendations for CSBs when implementing and structuring an emergency telemental health program. The recommendations were formed after speaking with the five CSBs that either currently have an operating emergency telemental health program or are in the process of implementing a program. The recommendations themselves come from researchers’ synthesis of information gained from the interviews and from recommendations offered by CSBs and CSB partners.

We would like to thank the CSBs, hospitals, and VACSB who contributed their time and expertise to this report. Your contributions are greatly appreciated.

Developments in Mental Health Law

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Volume 36, Issue 1, Spring 2017

This issue of DMHL presents (a) Updates: The 2017 General Assembly Session: A New Framework, and Some New Money, for Virginia’s Public Mental Health System (b) a Data Corner: Timelines of Emergency Prescreenings Conducted at Community Services Boards (c ) outlines of significant recent cases in various federal and state courts. Please share this link to DMHL with your colleagues who may be interested.

In This Issue:

I. Updates: The 2017 General Assembly Session: A New Framework, and Some New Money, for Virginia’s Public Mental Health System [p.1]
A. SJ 47 Joint Subcommittee Actions and Recommendations to the 2017 General Assembly Session [p.2]
B. Other Mental Health Related Bills in the 2017 General Assembly [p.9]

II. Update: Federal Government Finalizes Changes to 42 CFR Part 2 (Confidentiality of Substance Use Disorder Records) [p.21]

III. Data Corner: Timelines of Emergency Prescreenings Conducted at Community Services Boards [p.22]

IV. Case Law Developments [p.26]
Federal Circuit Court Decisions [p.26]
State Court Decisions [p.28]

V. Institute Programs [p.31]

Annual Statistical Report Adult Civil Commitment Proceedings in Virginia FY 2016

University of Virginia Institute of Law, Psychiatry and Public Policy
AA Allen and TM Ko
January 2017

Annual Statistical Report: Adult Civil Commitment Proceedings in Virginia, FY 2016. The report is published by Institute of Law, Psychiatry and Public Policy, and has been funded by the Virginia Department of Behavioral Health and Developmental Services in cooperation with the Office of the Executive Secretary of the Supreme Court of Virginia. For citation the report's authors are AA Allen and TM Ko (January 2017).

Developments in Mental Health Law

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Volume 35, Issue 4, Winter 2016

This issue features timely updates on actions and recommendations to the 2017 Virginia General Assembly by the SJ47 Joint Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century and its Work Groups. An insightful article discusses and a Data Corner describes issues of permanent supportive housing for persons with serious mental illness. Case Law Developments in federal and states courts are highlighted. Programs in ILPPP's current calendar are announced.

In This Issue:

I. Updates:
      A. SJ 47 Joint Subcommittee Actions and Recommendations to the 2017 General   Assembly Session [p. 1]
           Work Group #1: System Structure and Financing [p. 1]
           Work Group #2: Criminal Justice Diversion [p. 5]
           Work Group #3: Mental Health Crisis and Emergency Services [p. 6]
           Work Group #4: Housing [p. 7]
      B. Other Mental Health Related Bills in the 2017 General Assembly [p. 9]

II. Article: The Case for Permanent Supportive Housing for Persons with Serious Mental Illness: Improved Lives, Reduced Costs, and Compliance with Federal Law [p.17]

III. ILPPP Data Corner: Permanent Supportive Housing: Virginia Investment and Estimated State Cost Avoidance [p.23] 

IV. Case Law Developments [p.27]
      Federal Circuit Court Decisions [p.27]
      Virginia Court Decisions [p.33]
      State Court Decisions [p.33]

V. Institute Programs [p.37]

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Developments of Mental Health Law

Volume 35, Issue 3, October 2016

This issue features an update article SJ 47 Joint Subcommittee Update: A Vision for Public Mental Health Services in Virginia Takes Shape. The article continues and builds from articles in past editions of DMHL. A fascinating Data Corner describes Virginia summary data from the National Mental Health Services Survey. Case Law Developments in federal and states courts are highlighted. Programs in ILPPP's current calendar are announced.

Developments in Mental Health Law

Volume 35, Issue 2, July 2016

This issue features an update article: SJ 47 Joint Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century. DMHL's section on Case Law Developments features discussions of cases in the Fourth Circuit (on Treatment over Objection, etc.) in other Federal Circuit Courts (on the ADA Integration Mandate, etc.) and in Virginia and other State Courts. Programs in ILPPP's current calendar are announced.

Developments in Mental Health Law

Volume 35, Issue 1, March 2016

This issue features an article regarding the Fourth Circuit's establishment of constitutional 'excessive force' standards for taser use, placing new limits on officers' use of force when responding to individuals in mental health crisis. The ILPPP Data Corner presents data regarding use of court-ordered alternatives to law enforcement for transporting people during mental health emergencies. Also find an extensive compilation of case law developments.

Annual Statistical Report Adult Civil Commitment Proceedings in Virginia FY 2015

University of Virginia Institute of Law, Psychiatry and Public Policy
AA Allen, JK Bonnie
December 2015

Annual Statistical Report: Adult Civil Commitment Proceedings in Virginia, FY 2015. The report is published by Institute of Law, Psychiatry and Public Policy, and has been funded by the Virginia Department of Behavioral Health and Developmental Services in cooperation with the Office of the Executive Secretary of the Supreme Court of Virginia. For citation the report's authors are AA Allen and JK Bonnie (December 2015).

Developments in Mental Health Law

Volume 34, Issue 4, December 2015

This Issue features an article, Responding to Concerned Family Members during a Mental Health Crisis, that highlights issues through a case study. ILPPP Data Corner continues thematically with data on Response Time of Public Outpatient Mental Health Providers. Also find an update on the SJ 47 Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century, summaries of decisions in some court cases, and a roster of upcoming programs offered by the Institute.

Developments in Mental Health Law

Volume 34, Issue 3, October 2015

This Issue of DMHL presents a featured article, The Gun Violence Restraining order: An Opportunity for Common Ground in the Gun Violence Debate, and a featured update on the the SJ 47 Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century. An ILPPP Data Corner continues the Issue's discussion of firearm access. Summaries of decisions in some court cases and a roster of upcoming programs offered by the Institute are also included in this expansive issue.

Annual Statistical Report: Civil Commitment of Minors in Virginia (FY 2010 – FY 2015)

University of Virginia Institute of Law, Psychiatry and Public Policy
AA Allen, JK Bonnie
September, 2015

Developments in Mental Health Law

Volume 34, Issue 2, July 2015

This Issue of DMHL presents a feature article on Law Enforcement Intervention in Mental Health Crises; a commentary regarding Adjudicating Claims of Intellectual Disability in Capital Cases; a display and discussion of data on adults who were in police custody in the context of evaluation for TDO; summaries of decisions in some court cases; and a roster of upcoming programs offered by the Institute.

Developments in Mental Health Law

Volume 34, Issue 1, April 2015

This Issue of DMHL presents a detailed summary of Mental Health Law and Services Reforms in the 2015 Virginia General Assembly, features an article on Mental Health Crises and Hospital Emergency Departments, and outlines in detail some cases in several courts including the US Supreme Court, the Fourth Circuit, and Virginia courts.