Virginia Regulatory Town Hall
secretary
Health and Human Resources
Agency
Department of Behavioral Health and Developmental Services
Board
State Board of Behavioral Health and Developmental Services
Petition 108
Petition Information
Petition Title Amend 12 VAC 35-115 Section 70
Date Filed 4/8/2010    [Transmittal Sheet]
Petitioner Steven Shoon 
Petitioner's Request

 Amend 12 VAC 35-115-70 B 8 b (3) as follows

Create a new subparagraph, 12 VAC 35-115-70 B 8 b (4), based in commitment status (Chapter 11 and 11.1)
Leave the information related to commitments under Chapter 11 in 12 VAC 35-115-70 B 8 b (3)
Provide additional information for commitments under Chapter 11.1 in new subparagraph, 12 VAC 35-115-70 B 8 b (4) as follows:
a)       The 2003 Guidelines For The Management of Individuals Found Not Guilty By Reason of Insanity (NGRI Manual), does not make the statement on how and when the Forensics Review Panel (RFP) reviews Annual Reports and their recommendations for disposition
b)       The NGRI Manual makes the statement that completing the Privilege Process is the criteria for the FRP approving the treatment team's submission to the court recommending release
c)        The NGRI Manual does not state whether the packet for conditional release or unconditional release is an annual report or a report for clinical findings attached to and in support of the Commissioner's petition for release.
d)       The NGRI Manual does not state the Commissioner's statutory function within the statute on Annual Continuation of Confinement Hearings (§ 19.2-182.5(B), Virginia Code), which the FRP approval requirement derives its statutory authority from for, attaching itself, to the submission of Annual Reports with recommendations other than continued hospitalization
e)       The NGRI Manual states the FRP reviews treatment team submissions recommending release without declaring whether treatment team submissions are annual reports or reports for clinical findings attached to and in support of the Commissioner's petition for release
f)         The NGRI Manual makes the statement that the NGRI acquittees may request release, resulting in the acquittee's need for inpatient hospitalization
g)       The NGRI Manual does not state that the Annual Report recommending release, results in the court of committing jurisdiction ordering a second evaluation to assess and report on the NGRI acquittee's need for inpatient hospitalization.
 
Agency's Plan

The Board will consider the petition and public comments at the next scheduled meeting, which is June 25, 2010.

 
Comment Period Began 5/10/2010    Ended 5/31/2010
0 comments
Agency Decision Take no action [Transmittal Sheet]    
Response Date 6/25/2010
Agency Decision Summary

The Department and state operated facilities have many internal policies and procedures including the NGRI Manual. Internal policies are tools for managing day to day operations that are more specific and easier to amend or change than a regulation.  Such policies must be in compliance with related regulations.

Contact Information
Name / Title: Linda B. Grasewicz  / Regulatory Coordinator
Address: 1220 Bank Street
P. O. Box 1797
Richmond, 23218-1797
Email Address: linda.grasewicz@dbhds.virginia.gov
Telephone: (804)786-0040    FAX: (804)371-0092    TDD: ()-