Public Comments for 01/19/2024 Courts of Justice - Criminal
HB125 - Special justices and independent evaluator fees; emergency custody and voluntary civil admissions.
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The compensation for special justices, court-appointed attorneys, and independent examiners in civil courts had received up until last year had not been raised by statute forover 15 years. Last year the court-appointed lawyers compensation for representation of indigent clients was raised substantially. The Deeds Commission noted recently that Virginia was 49th or 50th in the nation. It is time to raise the statute frozen fees for hard-working special justices and independent examiners as well, particularly if MD and PhDs are to be encouraged to undertake the kind of high risk complex neuropsychiatric clinical assessments that increasingly are at evidence in the EDs, psychiatric units, and Crisis Now Centers that are increasingly coming into play under the Governor's Right Help Right Now. You cannot expect the quality of forensic and neuropsychiatric expertise that will be require under an EDCOT styled evaluation program under CCBHC community if you do not pay these professional competitive rates, particularly psychologists and other licensed professionals if they are to undertake to do these kinds of "high risk" assessments and to participate actively in specialty court proceedings. There are already major workforce shortages among these licensed professionals which will only get worse if they are not offered competitive rates.
The lawyers, special justices, and independent examiners providing special judicial services are hard-working profession who have had their fees fixed by statute for many years. As an independent examiner contracted through the OES, the statutorily "frozen" fee I receive ($75 per evaluation) has not been increased in the 15 years + that I have provided this service as a licensed professional. I urge the Committee to vote in the affirmative for Watts HB125.
HB303 - Ancillary traffic infractions and civil offenses; certification.
Please vote no on HB 394, HB 391, HB 399, HB 400, & HB 77. We no longer want to live in a state that is"tough on crime" without providing proper mental health and meaningful rehabilitation. We believe in public safety AND human rights. Virginia does NOT need the death penalty. We need reform. Focus on root causes of problems using common sense.
HB306 - Public defenders; appointment of counsel, caseload exception.
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HB427 - Admission to bail; creates rebuttable presumptions against bail.
HB430 - Bail; violation of any pretrial condition of release, report available to counsel of record.
HB438 - Written complaints; felony offenses to be provided.
HB493 - Property owners; power to arrest on property, probable cause.
HB545 - Law-enforcement officers; prohibits Internet publication of personal information.
Greetings thank you for taking the time to review HB545, redacting officer names from GIS publication. I would have requested to speak remotely however I am currently deployed overseas serving in the US Air Force and may not be able to make a scheduled time. I've been a law enforcement officer in Central Virginia for almost 10 years. I completed my graduate degree at the University of Lynchburg in Criminal Justice Leadership. My research included the topic of officer safety at home, GIS redaction and nationwide cases of law enforcement being targeted at home. The project was endorsed by the SSPBA Blue Ridge Chapter and I share this on their behalf as their Senior Vice President. This concern comes to you because it is imperative to conserve as much privacy for officers, deputies and their families as possible. Throughout our careers, we are taught officer safety skills and GIS redaction is a preventative form of officer safety. As part of our profession, arrest warrants, traffic and arrest summons as well as search warrants all display the officer/deputy's name as the executing official. Some of that information is protected from the public for privacy purposes of the defendant however, officers aren't granted that sort of privacy. Depending on how much media coverage a case may get, that search warrant which includes the officer's name, is published on the local news (e.g., an elementary school age citizen was murdered while inside their residence, a search warrant involved in that case was put online by ABC WSET-13, showing the officers uncommon name). My name is equally as unique. Inputting this information into a localities GIS search feature often provided by that officer's employing city or county, (they work for the jurisdiction in which they own their property) generates photos of the officer's residence, at times with their personal vehicle in the driveway. This search also provides floorplans and schematics of their home, showing the hallways that lead to their bedrooms; the site also lists which school zones the residence is in, adding even more concern to list where the officers' children attend school. The publication also names the spouse also associated with the property further exacerbating the safety concerns. Some localities require members upper leadership to live within the city limits, essentially forcing this information to be published. A large portion of law enforcement is crime prevention; this GIS redaction amendment is a proactive measure for officer safety. This amendment helps protect all sworn members across the Commonwealth, in every district you all represent. The redaction of the officer's name doesn't obstruct any publication of real estate assessment information; it does not omit survey boundaries; it merely omits the officer's name. Currently, officers must produce an affidavit (with a mandatory court fee) to request a court order from the judge for redaction. In that affidavit, the officer must articulate their level of danger or imminent threats that are known to the officer. Threats are not created equal and mental health is a growing concern. Officer safety should not need to be articulated. Redacting GIS information should not wait for officers, or their families, to pay the ultimate price from being targeted at home. Please vote in favor of prohibiting publication of the personal information of active and retired law-enforcement officers. Thank you for your time.
HB81 - Suicide; abolishes common-law crime.
Please vote to Abolish suicide as a criminal offense. I think in the case of a search warrant, the investigators should be able to obtain it with the wording of " suspicious death" instead of completing the warrant with suicide or homicide. Possibly " death in the home" could be used as a general reason for a search warrant until they collect evidence otherwise. Thank you for all you do Sharon Mullen Henry County resident
Comments Document
Hello, I write in support of HB81. I am submitting a fact sheet explaining the importance and justification for this critical legislation. Thank you for considering my views. Nancy O'Brien
Kathy and Pete Durand suffered a great loss when their son committed suicide. They are the kindest people I know. They treat me as a daughter. So when I found out that their son's suicide notes were subject to FOIA requests and available to the public, I was outraged. Some horrible person got hold of them and used them against Kathy and Pete. It's bad enough they grieve the loss of their only child but for him to be labelled a criminal in the afterlife and have his information available like that is appalling. This person caused this family a lot of harm and no justice was served. The Durand's weren't even informed of the release of these letters. What Peter wrote in those letters was PRIVATE. He is not criminal because he decided to end his own life. The reality is people will commit suicide, but they shouldn't be labeled as a criminal. It's adding insult to injury, to their good name and their loved ones. I fully support this Bill and hope it gets passed for families like the Durand's.
Comments Document
Statement in support of HB81.
Please take a moment to consider removing suicide as a “common-law crime”. I have unfortunately seen first hand what suicide can do to a loved one’s family. Suicide is a result of mental illness. Having a mental illness is not a crime and nor should suicide be. I have witnessed the damage this mis-labeling can lead to. Due to it being labeled a common-law crime, a non family member was able to receive copies of suicide letters and other private information from police. Which resulted in this individual harassing and emotionally abusing family members. Immediate family should not have to worry about their loved one’s private records being released to people that should not be privy to such information. It is hard enough to mourn the loss of someone dear to you due to mental illness but it is even harder knowing that private details of your loved one could be dredged up by any individual making you relive that painful day. My heart has broken over and over for my dear friends that have sadly experienced this situation. Please consider removing suicide from the common-law crime list in Virginia. Any little bit of peace helps family heal from such a tragic loss.
As a mental health provider in the Commonwealth of Virginia, I am writing today to urge you to support the passage of HB 81 which abolishes the common law crime of suicide. Both personally and professionally, I've seen the many shocking and painful impacts of suicide on loved ones and family members. Having a family member's suicide be classified as a crime adds massive unnecessary insult to a death that is already surrounded with stigma and misunderstanding. This classification adds undue burden when suffering is already at an all time high. It's unfair, unreasonable, and inhumane -- the origins of this classification are long outdated and this revision is long overdue. Please vote to pass HB 81 to offer a bit of humane restoration to those impacted by a loved one's suicide in the Commonwealth of Virginia. It's time and it is only right that this bill get passed! Kathryn Rheem, EdD., LMFT, Fairfax, VA
I SUPPORT HB 174. Marriage equality is long overdue. I SUPPORT HB 640. It's the least we can do to provide restitution to someone who was wrongfully incarcerated. I SUPPORT HB 766. Sexual abuse should absolutely be taken into account when adjudicating for a child's best interest and no child should be under the custody of someone who abused them. I SUPPORT HB 81. It's disgraceful that someone who suffered enough to attempt or die or suicide would ever be treated like a criminal, and this kind of stigma is a barrier to getting help that would prevent suicide. I OPPOSE HB394. It was a joyous occasion in 2021 when Virginia abolished the death penalty, and we should never go back to the days that we still had that.
I am writing today to urge you to support the passage of HB 81 which abolishes the common law crime of suicide. Currently, in Virginia, suicide is considered a crime, and those that die by suicide are considered criminals by the Commonwealth of Virginia. This can be devastating to family and friends when they realize their loved ones are considered criminals. It also creates a higher likelihood that police investigative files could be released to non-family members. As a Mom who lost her son to suicide six (6) years ago, I have experienced first- hand the pain of knowing my son is considered a criminal and the trauma of having sensitive information including his private suicide notes released, without my permission or knowledge. There is no reason to continue classifying suicide as a crime. Making this change will not encourage assisted suicide (that is a separate law) or any other provision of the criminal or civil laws of Virginia. Please support the passage of HB 81 Thank you very much for your time, Kathy Durand
Thank you for considering HB81. I would like to emphasize the importance of decriminalizing suicide, pointing out that even though the law is not actively enforced in terms of imprisonment or brutal practices, its presence serves certain economic interests and perpetuates stigma. To legislators: please consider the emotional toll on those who have lost loved ones to suicide and individuals struggling with mental health issues; for those who are opposed, I ask for transparency about the reason for your decision. The connection between suicide abolition and assisted suicide has been clarified. Suicide abolition aims to erase stigma and is not linked to assisted suicide issues already covered in the legal code. There has been support for this kind of bill from major suicide prevention organizations since 2021. Suicide is framed as a major health crisis, and I advocate for recognizing and treating it as such, emphasizing that true mental health program reform requires abolishing the common law crime of suicide. There have been many other countries and states that have decriminalized suicide in the past year. Thus, I urge Virginia legislators to vote in favor of HB81, and I'd like to emphasize the bipartisan nature of compassion and empathy in addressing the universal impact of suicide and mental illness. Thank you, Kyle Johnson, Falls Church, VA
Please vote no on HB 394, HB 391, HB 399, HB 400, & HB 77. We no longer want to live in a state that is"tough on crime" without providing proper mental health and meaningful rehabilitation. We believe in public safety AND human rights. Virginia does NOT need the death penalty. We need reform. Focus on root causes of problems using common sense.
AN ANALYSIS OF HB 81 SUICIDE; ABOLISHES COMMON LAW CRIME: THE FACTS1 CURRENT STATUS: Suicide, as a common law crime, is considered a crime in the Commonwealth of Virginia. However, there is no punishment prescribed for conviction of this crime. EFFECT OF THE ENACTMENT OF HB 81: The crime of suicide would be abolished in the Commonwealth. This change would have no impact on 8.01-622.1 (assisted living statute) of the Virginia Code or any other laws or regulations concerning suicide. FACTS: • There are no contemporary instances where a person who has committed suicide has been charged or prosecuted for the common law crime of suicide. • Citizens in Virginia consulted by the Pete Durand Music for Everyone Foundation strongly oppose the current law in the Commonwealth of Virginia and find the labeling of suicide as a crime contrary to their understanding of the tragedy of suicide. • No western, industrialized, democratic country treats suicide as a crime. The vast majority of states in the United States have not criminalized suicide. We cannot find one state that seeks to actually use the criminal law as a response to suicide. Keeping Suicide as a Crime: • Serves no legal, social, economic or other legitimate purpose of legislation. Peer reviewed research consistently finds that criminalizing suicide is associated with higher rates of suicide, not lower rates. • Causes harm and more grief to families, friends and associates of those who commit suicide by further traumatizing them when they realize that the Commonwealth considers their deceased loved one a criminal. • Increases the likelihood that the investigative file developed by law enforcement will be released to non-family members.2 WE URGE YOU TO SUPPORT HB 81 AND REMEDY THIS HARMFUL AND UNNECESSARY PROVISION OF OUR CRIMINAL CODE. 1Prepared by the Board of the Pete Durand Music for Everyone Foundation. A Virginia based 501c (3) organization founded to carry on the work of Pete Durand who committed suicide in 2017. 2This occurs when an agency determines that as suicide is a crime, it must be treated as an investigative file subject to FOIA (Freedom of Information Act), rather than an unintended death investigation file which is not subject to general FOIA release. This happened with Pete Durand’s file.
Please stop criminalizing suicide. According to a Guardian news article, research shows that in countries where suicide has been decriminalized, people can seek help for mental health and rates tend to then decline. Also the fact that our servicemen, who have suffered traumas and end their lives, are deemed criminals. This needs to be remedied.
Suicidal ideation is grouped with depression or mood disorders, but there are mental disorders, life events including family and friend events that can increase the ideation of suicide. Treatment should be provided to individuals who have ideations regardless of their diagnosis or lack of diagnosis because of their risk of a suicidal act, or other repeated problems associated with the thoughts of suicide. After an attempt is a crucial time, in my opinion, for treatment to start the process of training the brain away from the idea that they are a burden to family, or society and suicide is the only way to dissolve the repeated thoughts. My 22 year old son with several mental diagnosis and with very high IQ had a severe mental breakdown in Sept 2023 and was picked up by local police after running full speed down a secondary road. He could not fully explain to them the details of his intentions and was taken to the hospital where he remained on a suicide watch for 48 hours. He talked to crisis counselors and intervention personnel, and was allowed to leave with me with the plan to see crisis specialists every day for 2 weeks and the promise that we call if he had any more suicidal ideation. He remains with those counselors today, as well as a caseworker who helps him weekly trying to remain on a schedule with proper meds and mental health preparedness plans going forward. He did not " snap out of it" as some people would suggest, and remains in the crisis state due to refusing of meds and keeping appointments that he needs to maintain his mental health. He lives with several risk factors, and may enter a treatment facility if his actions or mental state changes even slightly. He should not be criminalized for his actions or his state of mind. His mental illness is being treated and we are trying to find meds that work for him without so many side effects. He should be able to find treatment on his own accord and face his own health accordingly. We should definately Abolish the criminalization of suicide attempts for those people like my son who are fighting for their lives to chase sucidal ideation away. They need the treatment They need their medications, counselors, intervention personnel and support systems in place They need the good attention not the stigma associated with mental illness Please vote to amend the code of Virginia by adding section 18.2-16.1 that relates to the common law crime of suicide. Thank you for your attention
This leads to allowing the govt to murder folks. Just like Canada - https://www.independent.co.uk/news/world/americas/diabled-woman-canada-assisted-suicide-b2363156.html. "Disabled woman claims Canada is forcing her to die by assisted suicide: ‘It’s not what I want’ The woman accused the government of creating ‘the perfect storm for disabled people’ in Ontario"
This comment is not written in the best pros, but is a comment from the heart of a mother who has lost her only boy to suicide. I held my son’s hand for ten years while confronted his demands and dragons of drug addiction. At the age of twenty-one his long-term girlfriend married someone else and he fell into the world of drugs. We struggled through the addition, treatment programs, halfway houses and therapy He did eventually get a job, a car, and an apartment, but the demands returned. He let go of my hand and took his life. He left a note saying he loved me, and could not hurt me anymore. It took courage to do what he did and he did it for me. To give his life to stop hurting me should not be a crime How can we criminalize an act of desperation? Hopefully we will never be in that position, Valerie Turner, Arlington VA
Having lived through the heartbreak of losing some friends and family members to death by suicide, I believe it is very important to pass HB 81. The current laws are archaic. How can an individual be guilty of a felony, when they cannot stand trial? It is time for Virginia to enter the 21st century and change this law.
It is way past time to decriminalize suicide. Suicide is a tragic event, but not a crime. There is no reason to continue to consider this a common-law crime, which stigmatizes this tragedy and does nothing to prevent or help those struggling with suicidal thoughts. It is especially ironic that Virginia has not been successful in decriminalization of suicide considering the fact that England (where the common-law originated) did so over 50 years ago.
As a survivor or suicide loss in high school as well as my own struggles with suicidal ideation since middle school, I unequivocally support this bill. Families of those lost to the utter tragedy of suicide should not be further stigmatized by the drawn out process of criminalization.
So wonderful to see us finally cracking down on guardians and conservators. Well done! Also glad to see us crack down on hate crimes especially if we’re going to continue fueling the disastrous Applied Behavioral Analysis. There must be guard rails. So thank you Dan. And as for HB81, I wish that had become law years ago! I nearly took my life twice. Now you’re going to rub salt in the scar?