| 7/22/2015 12:40 pm Date / Time filed with the Register of Regulations | VA.R. Document Number: R____-______ |
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Virginia Register Publication Information
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Transmittal Sheet: Response to Petition for Rulemaking
Initial Agency Notice
X
Agency Decision
| Promulgating Board: | State Board of Behavioral Health and Developmental Services |
| Regulatory Coordinator: | Ruth Anne Walker (804)225-2252 ruthanne.walker@dbhds.virginia.gov,marion.greenfield@dbhds.virginia.gov,mary.ohara@dbhds.virginia.gov |
| Agency Contact: | Ruth Anne Walker Regulatory Coordinator (804)225-2252 ruthanne.walker@dbhds.virginia.gov |
| Contact Address: | Department of Behavioral Health and Developmental Services DBHDS - 11th Floor 1220 Bank Street, P.O. Box 1797 Richmond, VA 2321801797 |
| Chapter Affected: | |
| 12 vac 35 - : | |
| Statutory Authority: |
State: Federal: |
| Date Petition Received | 05/29/2015 |
| Petitioner | Steven Shoon |
Create a new regulation to require community services boards and behavioral health
authorities (as defined in § 37.2-100) to produce guidance documents for petitions
for modification or removal of conditions at anytime, pursuant to §19.2-182.11 of
the Code of Virginia.
Agency Plan
The board will consider the petition and public comment at its next scheduled meeting
on July 16, 2015, in Richmond.
| Publication Date | 06/15/2015 (comment period will also begin on this date) |
| Comment End Date | 07/05/2015 |
Take no action
| Agency Response Date | 07/22/2015 |
The relevant statutes state that while a CSB must file reports on the acquittee's
progress at least every six months, it may petition the court for modification or
removal of conditions at anytime. Only the acquittee is limited to petitioning annually,
commencing six months after the conditional release order is issued.
On July 16, 2015, the Board voted to deny the request for rulemaking as a change in
the law or additional guidance documents do not seem warranted to give CSBs a legal
mechanism to do what they can already do (petition anytime).