Public Comments for: HB246 - Mental illness, neurocognitive disorder, etc.; affirmative defense or reduced penalty.
Last Name: Dubin Locality: Cleveland, Ohio

I am a graduate of the University of Michigan Law School in 1966 and have been a lawyer for almost 60 years and a law professor emeritus from the University of Detroit Mercy. I have written extensively on the subject of autism and the criminal justice system including: Caught in the Web of the Criminal Justice System: Autism, Developmental Disabilities, and Sex Offenses (2017) with co editor and contributor Emily Horowitz; Autism Spectrum Disorder in the criminal Justice System: A Guide to Understanding Suspects, Defendants and Offenders with Autism with Clare Allely (2022) along with a number of published book chapters. The mitigation of the assault statute and deferred disposition for autism and expungement are completely consistent with all of the information provided in my books and articles and I completely support their ultimate passage into law. It is the humane way to provide justice for people on the autism spectrum whose neurological wiring from birth makes these laws necessary.

Last Name: Crenshaw Locality: Hanover

Please vote yes on HB 246, which allows the court to consider evidence that an individual’s actions were a result of their disability – rather than criminal intent. HB 246 will help prevent the lifelong damage caused by a needless felony conviction.

Last Name: Harrison Organization: Decriminalize Developmental Disabilities Locality: Midlothian

Both HB 246 and HB 247 are so very important to ensure that our criminal justice system is fair and just. It is no secret that for far too many years behaviors that are a manifestation of a developmental disability have resulted in arrests, misdemeanors and felonies. Sincerest appreciation to Delegate Watts for being a voice for those who often have none. Her wisdom, compassion and determination are exemplary. Please pass these much needed bills. Thank you, Jude Harrison and family

Last Name: Cruser Locality: Richmond

HB246 deserves support. It could help a person who is arrested while in the midst of a mental health crisis by allowing for evidence of a serious mental illness during the court trial stage. When there is no intent to harm anyone and the judge agrees, reducing the charge could mean the person is released to treatment sooner.

Last Name: Dunford-Lack Organization: ENDependence Center of Northern Virginia Locality: Arlington

These bills are important to me as a Disability CBO Leader in Arlington VA and as a neurodiverse individual residing in Arlington County Virginia. Please support and vote YES for both of these bills.

Last Name: Tolley Locality: Goochland

Please vote yes on HB 246. The criminal justice system should be about holding individuals accountable who intentionally break the law. It is time to restore "justice" to the system by recognizing when actions are not intentional (not chosen) but rather reflect a mental health or cognitive condition, and responding accordingly.

Last Name: Guthrie Organization: Virginia Autism Project Locality: Franklin

As the parent of a 20 year old daughter with profound autism, this legislation has been important to me since first introduced. Individuals on the autism spectrum and similar conditions are not afforded any latitude because of their disability. This bill is not asking for a blanket "pass", just that the mental/cognitive condition of a person be taken into consideration during an encounter with law enforcement. Similar bills have passed previously and been vetoed. I hope this is the year our loved ones are heard.

Last Name: Rosado Locality: Henrico

Dear Members of the House Courts of Justice, Criminal Subcommittee, Please Vote YES on HB246 I have a family member who is autistic. HB246 provides an affirmative defense for people charged with assault or assault and battery of certain categories of individuals when their actions were influenced by conditions such as: Intellectual or developmental disabilities, such as autism spectrum disorder Neurocognitive disorders, including dementia Mental Illness. This bill is important to me because it allows the Judge to recognize that the action that resulted in the felony criminal charge is just due to the disability or diagnosis and not malicious behaviors. Then it opens the possibility that the individual can be found guilty of a misdemeanor and not a felony. Please VOTE YES on HB246.

Last Name: Mullinix Locality: Henrico

Dear Members of the House Courts of Justice, Criminal Subcommittee, Please Vote YES on HB246. HB246 provides an affirmative defense for people charged with assault or assault and battery of certain categories of individuals when their actions were influenced by conditions such as: Intellectual or developmental disabilities, such as autism spectrum disorder Neurocognitive disorders, including dementia Mental Illness. This bill is important to me because it allows the Judge to recognize that the action that resulted in the felony criminal charge is just due to the disability or diagnosis and not malicious behaviors. Then it opens the possibility that the individual can be found guilty of a misdemeanor and not a felony. Please VOTE YES on HB246.

Last Name: Champion Organization: Virginia Autism Project Locality: Springfield

Please Vote YES on HB246- This is a bill that was passed for two years by the General Assembly and then was vetoed by the former Governor. There has never been a FIS on this bill in any version it has been introduced in the past over the years. This bill will not prevent individuals from being charged with assault. The bill creates an affirmative defense for individuals with mental illness, or intellectual or developmental disabilities, such as autism spectrum disorder. An affirmative defense is decided by lawyers, judges and juries. Families with a loved one in a mental health crisis or who have a disability that presents with complex behaviors such as fight or flight/ OCD/ anxiety/ or tics, are terrified of calling the police because of the charges that could result against their loved one. Also, they are terrified of speaking out and calling attention to their situation. A felony assault charge is not a deterrent for someone with ASD in crisis since they can't control their fight or flight response. But, but a felony conviction for someone with ID/DD is a lifelong devastating penalty. Please VOTE YES on HB246

Last Name: Driver Organization: The Autism Project Locality: Suffolk

My older son, one of two on the autism spectrum, was dragged through the juvenile justice system twice when he shouldn’t have been. Once was due to his dad and his dad’s parents lying to the police (who never talked to my son nor explained any rights to him) and in court; the other was due to something he said to a classmate about another classmate whom took offense to it. He should NEVER have had to serve time in juvenile detention nor had to be on house arrest as, in both cases, he didn’t do anything. Unfortunately, due to his autism and mental illness, he was never allowed to speak to anyone about anything and ended up in JV detention and then 6 months on house arrest for something that ultimately got dismissed. Our justice system is completely backwards and broken, especially for people like my son who have trouble communicating in a calm and rational way. This should not be the case nor should it be tolerated. People like my son deserve a chance to have sentences deferred without a guilty plea and to be listened to by someone who understands them.

Last Name: Breslau Organization: Coalition for Justice Locality: Roanoke

It is time to enact ong overdue reform in our prisons, jails, and courts.

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