Something’s should have been looked into before and changed way before now.

I support both of the selected Bills HB193 HB194

I support both of the selected Bills

This bill would help several of my incarcerated friends who have been incarcerated for a long time. Justice isn't justice when the jury was confused about the availability of parole in the first place. Please address this gap in the legislation and give the people who deserve a second chance, a second chance! Thank you for passing this bill!

Any person who has mental health issues should not be held in jail or prison they should be evaluated if receiving ssi they already cannot afford to live on that amount of income . They should not be placed into prison or jail because they do not offer mental health services correctly when being prescribed medication when outside of prison they are not offered the same medication and are given whatever drugs that the jails have not what is actually needed which makes mental health worse on these individuals

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.

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.

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

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.

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.

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.

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.

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.

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.

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

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.

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

Subject Line: Please Vote YES on HB247 Dear Members of the House Appropriations General Government and Capital Outlay Subcommittee, Please VOTE YES on HB247. This will allow a Judge to consider diversion for a defendant with intellectual or developmental disabilities before sentencing. If diversion is the outcome, then months of court appearances serve no purpose and often worsen mental health. For autistic individuals, repeated court dates can trigger severe anxiety, trauma, and crisis. When people receive support instead of punishment, they succeed—and the Commonwealth avoids the far higher costs of incarceration, emergency services, and repeated court involvement. There is no fiscal impact of this bill, according to the Fiscal Impact Statement. Please Vote YES on HB247. Sincerely, Piumini Wanigasundera.

Please vote YES on HB247. This bill allows the court to consider diversion for a defendant with an intellectual or developmental disability – before sentencing. This bill may help that disabled person avoid the lifelong damage of a criminal record. And according to the Fiscal Impact Statement, this bill has no fiscal impact. Please vote YES on HB247.

Dear Members of the House Appropriations General Government and Capital Outlay Subcommittee, Please VOTE YES on HB247. This will allow a Judge to consider diversion for a defendant with intellectual or developmental disabilities before sentencing. If diversion is the outcome, then months of court appearances serve no purpose and often worsen mental health. For autistic individuals, repeated court dates can trigger severe anxiety, trauma, and crisis. When people receive support instead of punishment, they succeed—and the Commonwealth avoids the far higher costs of incarceration, emergency services, and repeated court involvement. There is no fiscal impact of this bill, according to the Fiscal Impact Statement. Please Vote YES on HB247. Sincerely

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.

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

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.

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.

Dear Members of the House Courts of Justice, Criminal Subcommittee, Please Vote YES on HB247. I have a relative who has Autism. HB247 allows someone with intellectual disabilities (ID) or developmental disabilities (DD) to pause the case and ask the Judge to consider a deferred disposition earlier in the case rather than waiting until a plea. This makes it possible to divert someone with ID/DD out of the criminal justice system earlier in the court process. Please VOTE YES on HB247.

Dear Members of the House Courts of Justice, Criminal Subcommittee, Please Vote YES on HB2467. HB247 allows someone with intellectual disabilities (ID) or developmental disabilities (DD) to pause the case and ask the Judge to consider a deferred disposition earlier in the case rather than waiting until a plea. This makes it possible to divert someone with ID/DD out of the criminal justice system earlier in the court process. Please VOTE YES on HB247.

Please Vote YES on HB247- This bill allows a defendant with an intellectual disability (ID) or a developmental disability (DD) ask the Judge to consider a deferred prosecution at any point in the case. Currently, a deferred prosecution is only considered after a plea. This will allow diversion to be offered to someone with ID/DD earlier in the criminal justice process and prevent guilty pleas that are forced just to be able to access services. If the defendant’s ID/DD diagnosis substantially caused the criminal behavior then the Judge can pause the case and order a deferred prosecution. --If the conditions are met, which are set by the court, then the case is dismissed, and the charges are expunged. --Successful completion of the diversion ordered by the Judge means there can be a dismissal of the case without a conviction and then an expungement of these charges from the person's record, preserving their ability to access social services and supports. --Jails and prisons do not address disability related behaviors and diversion offers access to treatments and supports that can actually benefit the individual and prevent a recurrence of future offenses. The Judge maintains oversight and control, and yet judicial discretion is allowed. Please Vote YES on HB247

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.

I’m writing in support of HB247, which allows deferred disposition in some criminal cases for persons with autism. If deferred disposition had been available in the past, it might have saved our family from catastrophe: A few years ago, our young adult son, who is on the autism spectrum, was arrested for downloading illegal images. He was evaluated by forensic and behavioral psychologists – who stated that his offense was directly related to his autism, that there was no criminal intent. Nonetheless, our son became a convicted felon, spent a year in jail, and will be listed on the sex offender registry for the rest of his life. He will struggle to find housing, employment, and community support. My husband and I worry about how he will survive once we are gone. If HB247 had been in effect, deferred disposition might have rescued our son’s life. In the future, I hope HB247 will help rescue the lives of other autistic individuals. Our criminal justice system should NOT be a one-size-fits-all, punishment-first regime.

Something’s should have been looked into before and changed way before now.

This is a good start, this bill! As the parent of an autistic young adult, life is hard enough on these youngsters such that any bill that takes into account their unique needs and inability to function under regular order and rules of engagement which may even challenge some non-impaired citizens, ought to be routinely considered by this Assembly.

My perfectly healthy adult brother in his 30s nearly lost his life due to nitrous oxide use after it resulted in a sudden onset of severe neuropathy, causing him to lose the ability to walk and use his hands. When most people hear of nitrous, they immediately think about cans of whipped cream and the term ‘whippets’. What we’re prohibiting here is far more dangerous. Standard cans of whipped cream only contain approximately 8 grams of nitrous. The canisters that we want off our streets are straight nitrous. They are commonly found in vape shops and typically have over a 500 gram capacity (compared to 8). These are HUGE! Despite clearly labeled dangers, these stores promote heavy use with frequent buyer cards and even use phrases like (3,500 puffs and up), which is clearly not their intended use. Aside from the dangers to the user, there is a tremendous risk to the public as nitrous oxide influence is virtually non-detectable. In situations such as driving under the influence, the more obvious effects of nitrous usually wear off within 5-10 minutes and it generally does not stay in your system longer than one hour. I have personally witnessed nitrous oxide use cause reckless behavior, extreme changes in personality, anger, paranoia, hallucinations, and seizures. I appreciate the many delegates that have thoughtfully taken the time to strengthen the language of this bill, ensuring that this commonsense legislation keeps a very dangerous drug out of the hands of Virginians. Please vote yes for HB648.

I’m here as a parent and constituent. This issue is about consumer protection and correcting a dangerous misconception. Nitrous oxide used in medical and dental settings is administered by licensed professionals, mixed with oxygen, and carefully monitored. Culinary use involves small cartridges used properly in kitchens. But what we are seeing in Virginia is very different. Large nitrous oxide tanks — some containing up to 3,000 grams — are being sold in vape and smoke shops for recreational inhalation without oxygen or safeguards. Brands like Galaxy Gas, Baking Bad, FastGas, and ExoticWhip are widely available. Because these products are legally sold and labeled for culinary use, many consumers assume they are harmless, when in reality they are being misused and causing serious harm. In fact, Amazon and Walmart recently removed these products from retail sales on their platforms from third party sellers, amid pending litigation concerns, showing that even Major retailers recognize the risks surrounding these products. My 29-year-old son legally purchased nitrous oxide. Within a couple of months, he developed neuropathy. Within eight short months, he suffered massive blood clots in his legs and lungs and a three-centimeter clot in the right ventricle of his heart. It took many additional months for him to regain feeling in his feet. I am now hearing the same stories from families across Virginia and across the country — nerve damage, paralysis, hallucination, psychosis, blood clots, and in some cases death — from a product people never realized could be so dangerous. This legislation helps close a consumer loophole and protects Virginians from products that are misleadingly marketed and causing preventable harm. We have the opportunity to prevent more families from experiencing this tragedy. Thank you for your consideration.

Na

Please pass this bill and take these toxic products off the shelves and out of our youths hands.

On our way home from the Delegate hearing last week my son and I drove out of Richmond on Hull Street Road. There are noticeably a high density of vape shops in dis-advantaged areas of Richmond. But as you continue toward the suburbs you still see them every 5 miles. Let’s not kid ourselves……this toxic gas is available on every corner! The chair woman asked why a broader bill this year that doesn’t just include minors? Because grown adults like my son quickly became addicted with serious health issues in a short time! Like 12 other states, this product needs to be pulled from retail and only sold through permitted outlets! There are at least 1400 vape shops per Alexa but going to intestate myself. That number seems low!

Please vote YES on HB648 It is important for the committee to see visual examples of devices that are used to distribute nitrous oxide, as a common comment that has been brought up through this process is that the bill would be limiting distribution of small devices that could inadvertently distribute poisonouse gas such as cans of whipped cream. This is NOT the case at all. These devices are very large and are made for direct consumption of nitrous. Attached is an example of a couple of visuals. The first visual shows how retailers like vape shops encourage regular use with frequent buyer cards as well as warning labels from the manufacturer which directly state this should not be inhaled. The second visual shows a couple of examples of what these cansisters look like with a side by side comparison to a can of paint to put it into perspective.

I strongly support HB648 - prohibition in the State of Virginia of nitrous oxide for distribution to any person, business or organization that is not explicitly for commercial food or medical use. Severe penalties and routine checks should be mandated and implemented for those excluded from this bill. Vape shops and other similar distributors or dispensaries should be closely monitored to ensure compliance. They falsely sell under the pretense of being available for restaurant usage when in fact they market and sell to individuals for recreational usage. Too many people, especially our youth and underprivileged people, are dying or becoming gravely ill as a result. I, and my friends and family, urge our legislators who represent us in Fairfax County, to act immediately to enact legislation that will ban these dangerous products.

I nearly lost my son 6 months ago to nitrous. His use quickly escalated to an ER visit, long term neuropathy, mental health issues and suicide threats! Vape stores are distributing at will! This needs to stop. Who knows where the gas comes from and who produces the tanks. Please stop this chaos.

Insidious- a word I’ve heard used to describe Addiction, a disease that does not discriminate based on age, gender, race or economic status. A word that perfectly describes the subject of today’s bill. My name is Sarah Bolton, and I’m a substance abuse counselor in Martinsville, Virginia—an area devastated by the opioid epidemic. Now, a new threat has emerged. It doesn’t require a prescription, can be easily found at any of the local vape shops lining nearly every corner, and it’s completely legal. Kratom, and more specifically 7-hydroxymitragynine (7-OH), is a highly addictive substance that acts on the opioid receptors in the brain. Marketed as “all natural,” consumers are often unaware that 7-OH is more potent than morphine or that stopping its use can cause severe withdrawal. Recently, a former patient returned to treatment after graduating from our program less than a year earlier with three years of sobriety from methamphetamines. He didn’t come back to treatment for relapsing on meth, though—he came back because he was addicted to kratom/7-OH. He said he tried to stop on his own but couldn’t. He recounted the night before, when he couldn’t stop violently shaking, couldn’t stop the sickness, and couldn’t stop the pain all over his body. Dope sick—that’s what we usually call it—and he couldn’t understand why. He first purchased 7-OH six months prior when a friend recommended it for pain. As a contractor, an “all natural” way to deal with pain didn’t seem like a bad idea. He told me that had he known what it truly was, he never would have tried it. He told me how that same friend was now addicted too and had pawned his wedding ring to get another pack of 7-OH. My patient has since made it his mission to warn others, going from vape shop to vape shop sharing his story and asking them to take it off the shelves. Meanwhile, more patients are walking through our doors addicted to kratom/7-OH. My patients need their voices heard, and they need legislation in place to prevent others from becoming addicted to this insidious substance.

Please find a letter of support for the bill from Prosecutors Alliance Action attached.

I am Scott Peyton, Director of Government Affairs at Prison Fellowship. We are submitting written testimony in SUPPORT of HB885. Prison Fellowship supports HB 885 because we believe in just accountability, holding a citizen’s “day in court” as a sacred imperative. Every defendant should appear to answer the government’s accusation and present a defense. This legislation affirms that responsibility by ensuring that court protocols are calibrated to increase the likelihood that this interaction of accountability between government and citizen actually takes place.

Please see the attached testimony in support of HB 885, establishing an automated court reminders program.

The attached letter speaks to the significance of the problem addressed by HB 1105--the competency crisis--and provides context for the need for such an amendment to Virginia Code.

HB1105 could help reduce overcrowding in state psychiatric hospitals by giving outpatient or local jail competency restoration options when circumstances permit. Currently too many people with misdemeanor charges are confined in state hospitals for competency restoration for far longer than they would have served time in jail.

Summary: Analysis supporting favorable passage of HB1411 with three proposed amendments. This includes: Explanation of the statutory gap in § 19.2-271.6 that HB1411 corrects Fiscal impact modeling showing $15M-$32M net annual savings through mental health diversion Equity data on racial disparities, rural access barriers, and disability unemployment Three recommended amendments:(1) judicial training requirement, (2) annual reporting to General Assembly, (3) authorization for caregiver testimony Implementation safeguards preserving judicial discretion Precedent from Maryland reforms and federal sentencing guidelines 22 supporting references to DOC data, DBHDS treatment costs, and peer-reviewed research Purpose: To provide the Courts of Justice Committee with evidence-based justification of HB1411 along with a fiscally-responsible grounding due to three key areas of improvement in the current statutory construction.