Comments Document

Attached is testimony against HB 1488.

As a concerned citizen, I strongly oppose HB1488. Denying agencies the ability to contract with or grant funds to entities that provide essential healthcare services such as abortion not only limits access to care but also violates the right to reproductive autonomy. The repeal of provisions for coverage of abortions in cases of rape or incest and in cases where the fetus may be born with a physical or mental deformity is cruel and inhumane. This bill does not reflect the values of a compassionate society that prioritizes access to safe and affordable healthcare for all individuals, regardless of their income or circumstances.

Dear Delegate McGuire, Thank you for taking the time to read my comment. I am asking you to reconsider and stop the promotion of HB 1488 because it is incredibly harmful to all pregnant women, who deserve to have affordable access to vital health services. Most people who receive abortions do so out of sheer necessity, with the number one cause being a lack of financial resources and stability to care for a child. According to the New Yorker, 49% percent of women who received abortions in 2014 were below the federal poverty line. Banning abortion would only make poverty worse, which in turn increases a reliance on state welfare, and subsequently hurts the economy. Women often have to leave the workforce for a few years after giving birth to care for a child, which puts them at a substantial disadvantage than those who are able to access abortion services. Taking away public funding for abortion would make it nearly impossible for pregnant individuals who are already struggling financially to access abortion services and raising a child would only put them further into debt. To raise a child costs $17,000 a year, according to the USDA, but that number is much higher due to recent inflation and shortages in baby necessities, like infant formula. I know first hand that medical procedures are crazy expensive in this country, and for someone without health insurance, the debt can be crippling. I am asking you again to please rethink and reject HB 1488 because it is damaging to pregnant individuals in Virginia, especially those on the lower-socioeconomic level of the economy.

Please support HB1999 and HJ519 which establish the fundamental rights to contraception and reproductive freedom. This Bill and Constitutional Amendment will enshrine vital and necessary healthcare rights for women without fear of governmental intervention or criminal consequences. Please table HB1488 and HB2270, two pieces of legislation designed to intimidate facilities and patients seeking legal abortions. Thank you.

Virginia Faith and Freedom Coalition strongly supports this bill and thanks the patron for bringing it forward.

The impact statements confirm this bill is wholly unnecessary. "Given the low incidence of GPS tampering over the last twenty years, any potential cost avoidance would be minimal and is indeterminate." From 2017-2022, there were a grand total of two convictions for a sexually violent predator leaving the state without permission or failing to return. In both cases, this offense was a companion charge to a failure to register as a Tier III sex offender. It was not unknown if the individuals tampered with their tracking devices.

I would like for you to hear me please. I was molested at the age of 5 years old, because my mother wanted her drugs amd men more than me. I was 10 years when I started using drugs and alcohol. By 11 I was told by my grandmother where my mom was so I Hitch hike from. CHICAGO to Cleveland to find her. I dropped out of school in the 6th grade the streets taught me how to read and write. The state trooper picked me up and did a APB for my mom. When found she told them that's not my child you can do whatever you want with her. Now I'm homeless, on drugs amd my parents doesn't want me. I remember being in that bathroom when a GROWN man forced me on my knees and said to me " You're not a little girl anymore you are a grown woman. For 2 weeks in that apartment all the men had their way with me. Now I was being sexually exploited. For 31 years I lived this way. I walked around with 8 pairs of socks because I never had any shoes. My childhood was taken away from me. I can never get that back. There are so many young kids out there who can be saved save them. As of August 6th 2010 which is my date of Grace 2019 I got my High school diploma, graduated college with my associates degree in social work in 2022, I am a publisher author of 31 Years in the Desert, many accomplishments. I will never be able to have children physically this is another reason I stand and not be silent. After 31 Years of hell I walk with my head held high. Something needs to be done to the sex traffickers, not the victims. Why should we be punished with felony records, can't get housing in a neighborhood like you live in. I had to pay double rent because I had prostitution charges. Where is the justice? I hope whoever reads this finds it in their hearts to make the right decisions moving forward. Thank you Castanita Fitzpatrick A Butterfly Gets Her Wings Back LLC. 214.535.3034 abutterflygetsherwings@gmail.com

HB2339 (Expedited Diversion of Criminal Defendant to Outpatient Treatment) proposes by law a mandatory competency docket designed to divert IST individuals with serious mental disorders charged with a misdemeanor (not a felony) offense by court order from the criminal courts to mandatory civil outpatient treatment in the community. We may ask ourselves, diversion to what? Currently, there is an estimated 30% vacancy rate in the public CSB direct provider workforce. Who will be the "diversion case managers" to provide the complex criminogenic risk assessments in the community envisioned by EDCOT? Unlicensed Bachelors level QMHPs? Who will be providing the direct clinical services to these "at risk" populations in the community? Many of these QMHP direct providers seek higher pay offered in State Hospitals hence diversion appears to moving, by all indications, in the exact opposite direction than that envisioned by this bill! Mandatory Outpatient Treatment (MOT) laws have existed well before the Virginia Tech tragedy of 2006. However, these laws have seldom been used in practice in the 16 years since that preventable tragedy in the civil courts. This is because the Virginia Legislature has never seen fit to sufficiently fund a trained professional workforce to provide direct services in the community. Must we wait another 16 years for EDCOT to be fully implemented? Without adequate funding of a trained workforce for the provision of these services in the community, the fate of EDCOT will be the same. Why is it necessary, in any event, for an adult suffering from Schizophrenia or Bipolar Disorder to be charged with a crime, found legally incompetent to stand trial, and be court ordered into treatment in order to get adequate treatment in the community? Why is it necessary for the families of those with serious mental illness to have their hopes raised that yet another mandatory treatment law will actually be used by the courts?. Without a well-funded workforce, EDCOT is just so much "legislative window dressing" unused by judges, attorneys, and the courts gathering dust on the law books. Instead of investing $500 million to replace one state hospital, Virginia needs to consider adequately funding its CSB workforce a decent living wage so that it can meet the challenges of early intervention for these at risk adults. Consider adequately funding community services under STEP VA to qualify for SAMSHA Grant funding per standards of evidence-based treatment under a CCBHC "Safer Communities" matching grant. Vote YES to Indefinitely "Pass by" this bill and refer it back to the Behavioral Health Commission for a thoroughgoing policy analysis, along with other similar diversion proposals, per JLARC workforce recommendations, and in close consultation with the Office of the Executive Secretary of the Supreme Court. My recommendation as an independent forensic examiner for the Virginia Supreme Court is to consider enabling legislation in the 2023 Special Session to establish a State-wide interbranch mental health advisory task force, per recommendation of the National Judicial Task Force (Oct, 2022) to study these issues and to consider diversion options at all judicial levels of sequential interception. Vote NO to HB2339. EDCOT : "not yet ready for prime time".

Good morning, my name is Sue Lunt, I am commenting on behalf of the Virginial Coalition Against Human Trafficking. VCAHT supports HB 2398 as sextortion is a manner by which an individual might find themselves being trafficked. We would love to see this bill extended to include statutes in Article 3. Commercial Sex Trafficking, Prostitution, Etc. We encourage the committee to vote in favor of the passage of HB 2398. Thank you for your time.

Dear Delegates, As I sit here thinking of all the genetic illness’s I suffer with. I can not help to wonder why you would not make this medicine available to people who suffer. My background was in the medical field, now disabled due to Ehlers Danlos syndrome (genetic disorder never goes away) and almost all of its comorbidities! Look it up it’s living with extreme flu symptoms everyday on top of the rest and your collagen being like faulty bubble gum. You wake up with bruises just because it’s part of the disease migraines and nausea .Which I am now limited to treatment options as well as pain management and am allergic to most meds I have adverse reactions due to my genetic illnesses. As well I have seizures, tremors, CPTSD from severe trauma and all forms of abuse. Cervical spondylosis, Rheumatoid arthritis, Dysautonomia, Postural Orthostatic tachycardia and bradycardia when my body decides to throw a fit. Also sleeping with all these conditions is almost impossible and I wish it in no one. But I do wish we could find the good in this! Revenue for Va, roads and school systems , small businesses, People not suffering more than necessary “ let’s be humane”, how about our Emergency response crews who deal with trauma everyday and need to sleep/ mental break, let’s end prohibition on cannabis. It’s not fair alcohol is the one that makes people violent, abusive and kill. I grew up in that legal drinking home of abuse. As a person of 46 years of age this is the only option for relief. Why should we be penalized by doctors or jobs? They don’t alcohol test first if they did, most wouldn’t be treated like cannabis users. My daughter was having major surgeries in Colorado this year for our genetic illness. A surgeon walked out and came to talk to the family beside me. His advice to the family was get him some Strongest medicinal marijuana and yes he emphasized it. Best Regards, Linda Ludin

Any bill that supports the retail market through the medical cannabis providers will further weaken the current quality and quantity of the medical cannabis offerings. Patients wait as much as 12 weeks for the medical cannabis product that was discussed with their practitioner and has provided the benefit that they need. The focus of the medical cannabis producers has pivoted from medical patient care to that of recreational, which is evidence by the accompanying lines of products they carry. The key comment I have heard from patients is that they are uncomfortable in the dispensaries as they carry lighters, other smoking devices and it seems less medical and more recreational. The medical dispensaries need to do a much better job focusing on what they were licensed to do. Have a continual supply of products that benefit and work for the patients and cease catering to the recreational user who received their medical certificate through a 1-800 number or a Groupon for $69.00. People are hurting because the medical processors want to be in the recreational field, and treat the medical process and the patients with disregard.

Comments Document

The Commonwealth of Virginia has a rich and storied history in the cultivation and use of cannabis and hemp. As early as the 1700s, Virginia farmers were growing hemp for textile production, making it a vital component of the state's economy. In 1979, Virginia became the first state in the union to recognize the medical potential of cannabis, a discovery that would change the course of history for patients and healthcare providers alike. As we move forward, it is imperative that we build on this legacy and create a cannabis industry that is inclusive, equitable, and sustainable. This legislation is a commitment to the people of Virginia to create a cannabis industry that benefits all, and to make Virginia a leader in the national conversation on cannabis legalization and regulation.

I'm glad that we've come this far as a state but do not dwindle it away by giving a monopoly to cresco and col-care. What happened to creating jobs for Virginians? Not these multi-state multi billion dollar companies who only care for quantity at the expense of quality leaving people at risk for consuming pesticide. Cresco already has allegations in other states with poor quality control with no oversight. What happened to both parties caring about the individual? The working class? Instead Virginians have no voice in Virginia only those with deep pockets... Let Virginia be about Virginians.

In 2021, the Commonwealth of Virginia legalized marijuana. Since then the commonwealth has been in grey area wrt marijuana. The delaying the sale for adult use does not stop the use. Allowing legal sales quickly so the product sold is safe and only sold to adults is the priority of the commonwealth. Today Cresco operates a majority of the medical storefronts the the proposed bills will only increase Cresco's gripe on the market. The spirit of legalization was to help people of color run legal adult use establishments, not create a monopoly for Cresco under the direction of Virginia's NORML chapter. Please allow non multi-state to open establishments to receive licenses and open before Cresco and others multi-state companies to open more (they run all the medical dispensaries) establishments.

Why not consider the statutory option of a civil stay of an MOT court order, per an amended HB2434? This might be on the recommendation of expert testimony given by the court ordered evaluator, referred by the criminal judge upon acquittal, to the civil side for disposition by a special justice or district judge for direct MOT or "step-down" MOT in the community. The option of a civil stay of an MOT order would exist in district court or in a specialty court by a district judge or a special justice in a licensed facility or alternative site on a voluntary basis for a presumed legally competent SMI/DD/ID/Autism Spectrum respondent found not guilty due to lack of criminal intent (Mens Rea) at the time of the criminal offense (Actus Reus) but found to be in need of outpatient services in the community to avoid a foreseeable risk of future substantial deterioration. This option could be recommended in testimony at the criminal hearing by an expert evaluator (forensic clinical psychologist or board certified psychiatrist with a forensic specialty) as an option for the court prior to a verdict as not meeting ECO/TDO commitment criteria but who poses a foreseeable risk due to a past criminal act (Actus Reus).related to the individual's mental condition. Invoking a statutory stay of a civil MOT order would allow the individual and his or her chosen supporters under medical supervision and with oversight by a special justice or judge in specialty "problem solving" courts in the community to provide needed mental health services and CSB case management support similar to what is being done in CARE Courts in California. As in California CARE Courts, this provides an opportunity to use supported decision making or shared decision making as a case management model to facilitate a Virginia Advance Directive with Ulysses Clause with inpatient and outpatient crisis plans to intervene in the event of early prodromal signs and symptoms of substantial mental deterioration and loss of decisional capacity in the foreseeable future. Invoking a voluntary civil stay of an MOT order, as in CARE Courts, is similar to "preventative AOT" in a number of other states, such as New York, that allow this kind of civil judicial disposition. This "voluntary" community based treatment option might satisfactorily address Senator McClelland's reservations about the "involuntary" nature of an MOT order for Autism Spectrum, SMI, and other special needs "at risk" populations under SB1510 yesterday. Such an approach might help to salvage SB1510/HB2434 (indefinitely passed by yesterday in the Senate) , particularly if approved and recommended by an Interbranch Judicial Advisory Task Force, recommended by the National Judicial Task Force (10/2022), and sanctioned by the Executive Office of the Virginia Supreme Court working closely in concert with the Behavioral Health and Crime Commissions in a further study of diversion models, such as E EDCOT and CARE Courts.

I would like for you to hear me please. I was molested at the age of 5 years old, because my mother wanted her drugs amd men more than me. I was 10 years when I started using drugs and alcohol. By 11 I was told by my grandmother where my mom was so I Hitch hike from. CHICAGO to Cleveland to find her. I dropped out of school in the 6th grade the streets taught me how to read and write. The state trooper picked me up and did a APB for my mom. When found she told them that's not my child you can do whatever you want with her. Now I'm homeless, on drugs amd my parents doesn't want me. I remember being in that bathroom when a GROWN man forced me on my knees and said to me " You're not a little girl anymore you are a grown woman. For 2 weeks in that apartment all the men had their way with me. Now I was being sexually exploited. For 31 years I lived this way. I walked around with 8 pairs of socks because I never had any shoes. My childhood was taken away from me. I can never get that back. There are so many young kids out there who can be saved save them. As of August 6th 2010 which is my date of Grace 2019 I got my High school diploma, graduated college with my associates degree in social work in 2022, I am a publisher author of 31 Years in the Desert, many accomplishments. I will never be able to have children physically this is another reason I stand and not be silent. After 31 Years of hell I walk with my head held high. Something needs to be done to the sex traffickers, not the victims. Why should we be punished with felony records, can't get housing in a neighborhood like you live in. I had to pay double rent because I had prostitution charges. Where is the justice? I hope whoever reads this finds it in their hearts to make the right decisions moving forward. Thank you Castanita Fitzpatrick A Butterfly Gets Her Wings Back LLC. 214.535.3034 abutterflygetsherwings@gmail.com

Bell HB2434 (Orders for involuntary outpatient evaluations & services; evidence of defendant's mental condition found not guilty due to diminished capacity to form criminal intent) is in my professional opinion as an independent forensic examiner a good example of contemporary lawmaking meeting the crisis needs of our time. A few states courageously allow for court ordered evaluation of these cases with diversion directly from the criminal courts to mandated civil court dockets in the community. Virginia may soon be one of them. This judicial disposition is reserved for individuals found "not guilty" by virtue of "diminished capacity" to form criminal intent (Mens Rea) but who may be in need of ongoing evaluation and services in the community because of the risk posed by the criminal nature of the act itself (Actus Reus). Usually court-ordered services involve direct or "step-down" Assisted Outpatient Treatment or AOT (in Virginia it’s called Mandated Outpatient Treatment of MOT). Most MOT civil dockets are reserved for individuals who pose no immediate or foreseeable risk of harm to the community or to themselves following discharge after an inpatient psychiatric stay. HB2434 allows, however, for disposition in cases of "diminished capacity" that might arise where the defense attorney for an individual charged with a serious criminal offense, including a violent offense, might offer a "diminished capacity" defense for his client. Such cases are likely to be rare in Virginia. They are typically based at least in part on expert testimony by a forensic expert, such as-a licensed forensic clinical psychologist or psychiatrist with a forensic specialty area, and this may lead to a verdict of acquittal. In such cases there may be experts providing testimony for the prosecution and for the defense. This is similar to NGRI cases with expert evaluation in the criminal courts. However, in acquittal cases by virtue of diminished capacity, the individual may be, and often is, released directly back into the community. Depending on the circumstances, an Emergency Commitment Order (ECO) may be issued under current Virginia law for individuals meeting commitment criteria considered at the time of acquittal to be at risk "in the near future" to harm self or others. On the other hand, if such an individual does not meet ECO criteria at the time of acquittal, he or she might pose a future risk for "mental deterioration" and therefore be in need of further court-ordered evaluation and services in the community deemed to be of a preventative nature. This form of AOT or MOT is termed "Preventative AOT or MOT". As an independent examiner for the Virginia Supreme court who regularly performs risk assessment in civil commitment courts, I believe that it is time for Virginia to consider expanding its legal "dangerousness" standard in civil commitment law to encompass the broader standard of "future risk for mental deterioration" based in part on the individual's past history of serious mental illness and known acts of past dangerousness. I applaud HB2434 as a step in the right direction in seeking a necessary compromise between the treatment needs of the individual with serious mental disease or disorder and the safety of the community.