Virginia Regulatory Town Hall
Health and Human Resources
Department of Behavioral Health and Developmental Services
State Board of Behavioral Health and Developmental Services
Petition 75
Petition Information
Petition Title 2003 NGRI Guidelines Subject to Human Rights Regulations
Date Filed 4/7/2009   
Petitioner Steven Shoon 
Petitioner's Request

Adopt a regulation to state that the 2003 Guidelines for the Management of Individuals Found Not Guilty By Reason of Insanity (NGRI Guidelines) are subject to the Human Rights Regulations and any provision of the NGRI Guidelines in violation, in conflict, or contrary to the Human Rights Regulations is null and void. 

Agency's Plan

The State Mental Health, Mental Retardation and Substance Abuse Board will consider the petition and any comments received at its regularly scheduled meeting on June 2, 2009. 

Comment Period Began 4/27/2009    Ended 5/18/2009
Agency Decision Take no action    
Response Date 6/2/2009
Agency Decision Summary

The 2003 Guidelines for Individuals Found Not Guilty for Reasons of Insanity (NGRI) Guidelines are currently subject to the provisions in the Human Rights Regulations (12 VAC 35-115-10 et seq.). There is no need to add new provisions for this purpose.  The NGRI Guidelines address the privileging process.  To the extent that the privileging process conflicts with any provision of the Human Rights Regulations, the Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services has exempted provisions from the Regulations.  The Commissioner has also exempted a few of the requirements of the Human Rights Regulations for persons under forensic status and person in custody as sexually violent predators, such as prohibiting access to victim information.  The Commissioner has exercised his authority in accordance with 12 VAC 350-115-10.