Public Comments for 01/24/2024 Courts of Justice - Criminal
HB161 - Individuals experiencing or reporting overdoses while incarcerated; disciplinary procedures.
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Hb161 Vote no
Good morning, I'm making a comment in support of HB 161 because it gives correctional officers a voice. In recent years, correctional officers have been faced with circumstances that they need support from the community and lawmakers. Correctional officers are often forgotten in public safety and law enforcement but serve a vital role by ensuring custody, control, and accountability of sentenced offenders assigned under their care. They serve and protect their families and communities while in uniform under the most hazardous conditions any public safety officer or law enforcement officer ever have to deal with. Please support HB161 because it will promote transparency while preserve the integrity of the dedicated correctional officers who serve.
YES
161 pass this good samaritan bill!
I strongly support HB161 that prevents those experiencing or reporting an overdose from disciplinary action from the VADOC or law enforcement. We have had so many overdose deaths in the facilities that we need to encourage reports since time is the critical factor in saving a life. Please vote YES for HB161.
HB267 - Assault or assault and battery; affirmative defense, penalty.
I would suggest amending HB267 to reflect the following proposed compromise solution: that a CSB Qualified Mental Health Profession (QMHP-A) be authorized to perform a TDO prescreening evaluation on site at the court service unit having jurisdiction upon the issuance by an LEO or mobile co-response team of a paperless ECO. The proposed amended code would direct the LEO officer or mobile crisis co-response team responding to a "psychiatric emergency" to transport an individual with a known history of SMI/ASD/I/DD to a suitable secure physical location for further evaluation. This would typically involve transport of the individual in custody to the local court service unit having jurisdiction physically located in close proximity to the magistrates office. At such secure location, the TDO prescreening evaluation and final decision to book or not book and to divert to the civil side would be made. Final booking status would be at the discretion of the LEO or co-response team retaining physical custody of such an individual facing criminal charges but with the benefit of the results of a completed TDO civil prescreening evaluation performed by a CSB QMHP-A in a controlled environment and with benefit of a brief criminogenic screening The decision to charge would be made in consideration of a variety of factors, including, but not limited to, the immediate assessed mental capacity and stability of the individual in question, the known history of mental disability of the individual, prior history of offending, the recommendation of the CSB pre-screener, and the recommendations from the regional CITAC having jurisdiction. The pre-screener, in addition to a standard TDO prescreening, would normally perform a brief criminogenic RNR risk assessment using a standard evidence-based instrument . The assessment would take into further account evidence based on the preliminary police report, and available court and mental health records,, . The CSB evaluator would convey the results of a written prescreening evaluation with recommendations to the magistrate for disposition. Those having input into the final disposition of the case with respect to diversion or booking would include the regional CITAC with input from co-response crisis teams, EMS, fire, dispatchers, existing medical providers in the community, and family or adult peers when available, at varying stages of police intervention, according to the Sequential Intercept Model (Munetz and Griffin) at Levels 0 and 1 with the option not to prefer, or, that is, to forego charges, and "drop off" at a licensed CRC unit or other specialized mental health "drop-off" point for medical clearance. Individuals meeting criteria for civil diversion would be transported to a licensed CRC/CSU or mental health specialized ED at a hospital like the Carillion Roanoke System or Merrifield Fairfax for further evaluation and psychiatric stabilization.
This is another great bill which I support! It is far too easy for Law Enforcement to charge the mentally handicapped, particularly the autistic and Downs Syndrome, who do not know how to act or react in this situation. The intellectually disabled all ready do not know their rights, do not understand that the police are not always their friends, do not know how to self advocate, and are at the mercy of police who are allowed by law to lie to people to gain convictions. Time and again police criminalize mental health emergencies in the name of officer safety, though they show up in overwhelming force and often enough shoot first, ask questions later. Remember the case of Elijah McClain, Aurora, Co, who told police he had a mental health crisis. They and the first responders instead delivered a lethal dose of ketamine that killed him.
HB267 The Arlington County Police Department strongly opposes this legislation. First, it sets a dangerous precedent, signaling that it is okay for law enforcement officers to be assaulted, but not others. Given the current state of the mental health system, police officers are dealing with individuals in mental health crises more often now than ever. If this legislation passes, officers may be forced into encounters that have disproportionately heavy consequences for the officer but no consequences for the offender. Second, arresting an offender who is suffering from a mental health crisis does not preclude them from obtaining mental health services. In Arlington County, the detention facility provides acute mental health services and works closely with the Department of Human Services to provide the necessary services he/she needs to reduce recidivism. Additionally, the court system is set up to assist individuals who cannot stand trial due to their mental state. Third, this legislation would allow individuals to assault the police with no criminal recourse. Additionally, it would allow others to abuse the system and falsely claim they were having a mental health crisis in order to commit the serious crime of assault on law enforcement.
As the parent of a non-verbal young man I know firsthand the terror that some bystander will misunderstand my son and call the police. It happened once in the grocery store, where my son, who chatters wordlessly to himself, was overheard by someone who misinterpreted his chatter as "I have a gun". They called management, fortunately, not the police, but I still have flashbacks of the awfulness that could have happened if the police had been called. My son cannot understand commands from a police officer. Please do not allow disabled people to be subject to criminal penalties for behavior over which they have no control/no understanding of the consequences.
Please Vote YES on HB267. Because of the high probability of law enforcement charging someone with a felony assault when they are in a mental health crisis especially if they are someone who is autistic or has other disabilities, families are terrified of calling for HELP. When you dial 911 you think someone is coming to help you with a crisis but rather the police respond. If there is a medical crisis, then medical personnel respond. If there is a behavior crisis, the police respond. Why? The crisis is still medical. Please stop putting vulnerable people in jail. The best way to do this is to have behavioral health professionals respond and not charge the individual with felony assault. Sheriffs who see these people in jails know they do not belong there. The statute gives law enforcement extraordinary power to punish those who insult or defy them. Stop victimizing vulnerable people by charging them with a crime when they are in crisis. This is NOT an attempt to be "soft on crime" and that argument is a red herring for a situation everyone admits is unjust and unfair. Please vote yes on HB267.
Hb267 Vote yes. People do not have full control over themselves during mental health emergencies. Coming out of it to legal consequences is setting them up for failure
YES amend/add to the code these exceptions/definitions
YES this is a great addition to the code 18.2-57 on A&B. From social worker
YES from a social worker who advocated for the MARCUS alert. it is life changing to add this exception to VA code and add these definitions.
We support HB267 beccause it is important to help prevent individuals in a mental health crisis from getting a felony record and mandatory jail time for something they have no control over. It could also help prevent individuals in crisis from entering the criminal justice system and experience additional damage, for behavior that often does not result in bodily harm, when instead they should be taken for treatment to a mental health facility. There are protections in place for law enforcement officers, who if actually injured can still place other charges.
HB452 - First offender drug program; previous misdemeanor marijuana conviction, etc.
HB455 - Controlled substances; possession of an item containing residue of a substance, penalty.
Hb455 Vote yes. Less than a gram is barely anything and shouldn't carry the same sentence as higher volumes as drugs
HB612 - Fines, costs, forfeitures, etc.; collection fees, assessment against incarcerated defendant.
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Hi I am writing to you on behalf of The Well Connection UK, a media and publishing company. We could easily get virginia.gov featured in various publications such as magazines, online blogs and news sites. This would undoubtedly help virginia.gov with publicity, reputation, domain authority and organic search engine rankings. We have a wide range of options including completely free collaborations, sponsored posts, guest posts and banner ads. If this sounds of interest, please reach out to the senior business development manager, Anita at info@thewellconnection.co.uk and whatsapp +447395206515 (GMT) Kind regards Clifton Junior Outreach Assistant
HB635 - Juveniles; confidentiality of Department records, law-enforcement access, victim notification.
HB697 - Synthetic media; use in furtherance of crimes involving fraud, etc., report.
I would like for the committee to consider the the bill on the table today. So many individuals incarcerated are far removed from the people they were 10, 5 ,20 years ago.
This bill must also include an amendment for rebuttable presumption to allow those deceived by such a synthetic image, who might prove loss of money, property, or defamation of character a remedy for redress and recovery of punitive damages.
Please pass this bill. This is only starts to address the improper use of AI that distorts the truth from fraudulent behavior by citizens and government officials. I hope the General Assembly will go further in future bills to prevent any government official from misrepresenting themselves to citizens. Thank you Delegate Maldonado.
I support this bill, No one should be impersonating anyone other than themselves.
We are in Support of this bill. As generative A.I. is on the rise, and as impersonation online (including through government agents like law enforcement) it is imperative that citizens have recourse to combat abuse to themselves and their reputations. There must be no color of law exception for police either.
HB822 - Emergency custody; transportation for transfer of custody.
HB823 - Temporary detention order; alternative transportation.
HB860 - Removal of boundary or survey stake; penalty.
HB898 - Forensic Science, Department of; laboratory procedures, requirements regarding DNA profiles.
HB1086 - Admission of evidence; evidentiary hearing, excluded persons.
I am advocating for rapper victims to have a support person in the court room during the rape shield.
HB1228 - Virginia Criminal Sentencing Commission; court records, online access to case management systems.
HB1242 - Emergency custody and temporary detention orders; evaluations, presence of others.
Thank you for your time in considering this bill from the viewpoint of the many Virginia families dealing with a loved one’s mental illness. Please pass this bill. It provides 2 caveats to permitting others: safety risk and medical risk. The facility has taken extraordinary safety precautions by isolating the ECO subject from the rest of the facility and having law enforcement present. The ECO subject is unarmed. Mental illness agitation episodes are easily misinterpreted as aggressive and combative, and the law enforcement officer can turn it into an unfortunate criminal charge. Additionally, the very presence of a law enforcement officer can be frightening and intimidating, and worsen the episodic behavior rather than de escalating it. Alternatively, a family member experienced with the mental illness episodes and whom the ECO subject trusts can be a reassuring and calming influence. The facility has visitation policies in place and the physician is in a position to enforce them and determine if the family member is an appropriate visitor. The second caveat is medical risk. The physician is the appropriate person to determine if there is a medical risk or if the the visitor’s presence interferes with the assessment and stabilization process to determine if a detention order is appropriate. Thank you for your time reading my comments and your careful consideration of the family-oriented improvements to this bill.
HB1242 is important to help calm individuals in a mental health crisis and prevent them from further destabilization while in custody awaiting treatment. If this bill had been in effect already, it could have helped prevent the eventual death of Irvo Otieno by allowing his mother and closest supporter to be with him and calm him when he was taken to a medical facility for emergency treatment during a mental health crisis. The bill is limited to situations in which the individual being treated wants the family member to be present.
HB1359 - Search warrants; menstrual health data prohibited, definition.
HB78 and HB1359: Please vote YES. We are a free state, not a police state. Law enforcement has no need for private menstrual health data; it has no bearing or use in criminal investigations. Please prevent it from being used to control people and make them afraid. HB1539 and HB1493: Please vote YES. Doctors should be free to practice safe, proven medical care that is legal in Virginia without fear of extradition. We don't have to be complicit in other states' cruelty and ignorance, nor turn our back on sound and established science. HB1184 and HB1364: Please vote NO. However good the intentions behind them, abortion bans -- as we've seen in a tide of horror stories from across the country -- do more harm than good. They prevent people who very much want to keep their children from receiving life-saving medical care. Passing these laws will hurt and kill people -- real, actual, living, breathing, taxpaying people, as opposed to the hypothetical unborn. These decisions are best left between pregnant people and their doctors.
HB78 AND HB 1359 Courts of Justice Sub-Committe Criminal-1/24/24. the Alliance for a Progressive Virginia support these similar bills. APV supports a woman's right to control her reproductive health and this includes the right to keep her menstrual history private. In the wake of the Dobbs ruling, woman across the country and here in Virginia are suddenly at danger of having her personal and private health information used against her by a newly empowered, anti-choice police apparatus.
As a citizen concerned about privacy and safety, I would recommend that the text be further amended to specifically exclude health data by name, including body temperature, mucosal viscosity, dates of menstruation, hormone levels and other similar health data, to ensure that these cannot be used to determine menstrual status by proxy.
HB78 AND HB 1359 Courts of Justice Sub-Committe Criminal-1/24/24 The League of Women Voters of Virginia support these similar bills. A person’s menstrual cycle should never be made public. If a woman is having a health problem, then she and her health care professional should discuss this in private. This is an egregious violation of privacy and government intervention into our private lives. Protecting the privacy of this information is urgently needed–the information stored by digital health apps can be used in court as documentation that a birthing person has terminated a pregnancy. I urge you to support these bills.
YES keep menstrual health data out of search and seizure protect reproductive justice
YES protect private menstrual health data
HB78 - Search warrants, subpoenas, court orders, or other process; menstrual health data prohibited.
HB78 and HB1359: Please vote YES. We are a free state, not a police state. Law enforcement has no need for private menstrual health data; it has no bearing or use in criminal investigations. Please prevent it from being used to control people and make them afraid. HB1539 and HB1493: Please vote YES. Doctors should be free to practice safe, proven medical care that is legal in Virginia without fear of extradition. We don't have to be complicit in other states' cruelty and ignorance, nor turn our back on sound and established science. HB1184 and HB1364: Please vote NO. However good the intentions behind them, abortion bans -- as we've seen in a tide of horror stories from across the country -- do more harm than good. They prevent people who very much want to keep their children from receiving life-saving medical care. Passing these laws will hurt and kill people -- real, actual, living, breathing, taxpaying people, as opposed to the hypothetical unborn. These decisions are best left between pregnant people and their doctors.
The only interest you should have in the menstrual cycle of any female is making tampons and pads free. If you want babies born in Virginia, ratify they ERA, provide maternal and paternal leave, free child care and affordable housing. Keep your laws off of our bodies unless they are too muddy us up. If you pass this Bill, the next Bill you pass better be a law making erectile dysfunction drugs illegal.
HB78 AND HB 1359 Courts of Justice Sub-Committe Criminal-1/24/24. the Alliance for a Progressive Virginia support these similar bills. APV supports a woman's right to control her reproductive health and this includes the right to keep her menstrual history private. In the wake of the Dobbs ruling, woman across the country and here in Virginia are suddenly at danger of having her personal and private health information used against her by a newly empowered, anti-choice police apparatus.
As a healthcare professional , I am shocked and dismayed that a bill allowing search warrants of menstrual history and data is even under consideration! Aside from the constitutional right to privacy , such legislation would be a gross violation of HIPPA, “ The Health Information Portability and Protection Act”, that caregivers are bound by law to protect on behalf of everyone,… everyone! Eileen Davis, RN
HB78 AND HB 1359 Courts of Justice Sub-Committe Criminal-1/24/24 The League of Women Voters of Virginia support these similar bills. A person’s menstrual cycle should never be made public. If a woman is having a health problem, then she and her health care professional should discuss this in private. This is an egregious violation of privacy and government intervention into our private lives. Protecting the privacy of this information is urgently needed–the information stored by digital health apps can be used in court as documentation that a birthing person has terminated a pregnancy. I urge you to support these bills.
YES keep menstrual health data out of search and seizure protect reproductive justice
YES protect private menstrual health data
I strongly support HB78 and urge you to pass it. Menstrual data should be private, and seems wildly irrelevant to any reasonable law enforcement investigation. I'm also horrified by stories of other states using warrants for menstrual data to track and control what people do with their own bodies, to protect their own health. Please enact these important protections for Virginians (and please consider a broader ban on using or selling this and other medical data of, to, or by private organizations).