Arthur J. Morris Law Library 580 Massie Road University of Virginia Charlottesville, Virginia 22903 archives@law.virginia.edu URL: http://archives.law.virginia.edu/
Repository
Arthur J. Morris Law Library Special Collections
Identification
MSS.2015.04
Title
Papers of James M. Martinez re Mental Health in Virginia 1978-2015
6.5 Cubic Feet, 17 archival boxes, and digital files.
Creator
Martinez, James M.
Language
English
.
Abstract
Collection of Mr. Martinez personal working files (1978-2015) as director of the Virginia Department of Behavioral and Developmental
Services of Virginia (DBHDS). The files pertain to mental health issues in the State of Virginia, and the state's response
to support behavioral health services.
Jim Martinez joined the Virginia Department of Behavioral Health and Developmental Services (DBHDS) in 1977 and managed the
Department's mental health, substance abuse, forensic, prevention, youth initiatives, and other programs. He was Director
of the Office of Mental Health Services, and supervised various administrative, policy, and operational functions of Virginia's
public system of behavioral health services for adults. Throughout his tenure at DBHDS, Mr. Martinez focused on developing
community services and supports for people with serious mental illness and substance abuse disorders and their families, and
on shaping and implementing a person-centered, recovery-oriented behavioral health system for Virginia. Mr. Martinez served
as an Advisor to the Supreme Court of Virginia's Commission on Mental Health Law Reform (2006-2011), and has been a leader
in Virginia's efforts to improve the state's involuntary treatment statutes and strengthen the safety net of behavioral health
crisis response services in the Commonwealth. Mr. Martinez is a graduate of the Virginia Executive Institute, and holds a
B.A from Washington and Lee University, and a M.Ed. from the University of Virginia.
The James M. Martinez collection is comprised of his professional papers related to mental health issues in Virginia as part
of the Department of Mental Health, Mental Retardation and Substance Abuse Services and as advisor to the Commission on Mental
Health Reform.
Researchers interested in these files should also see Professor Bonnie files on the Commission on Mental Health Law Reform.
Boxes 1-13 pertained to Mr. Martinez work on mental health issues in the Commonwealth of Virginia as part of the Department
of Mental Health, Mental Retardation and Substance Abuse
Boxes 14-17 solely relate to the Virginia Commission on Mental Health Law Reform.
There are digital documents listed in the guide that complement the hardcopy files, and are available upon request.
AOT [Assisted Outpatient Treatment] – MOT [Mandatory Outpatient Treatment] – memoranda, correspondence, recommendations. Documents
related to Virginia's Senate Bills 18, 309, 1079; Brief History of "Assisted Outpatient Treatment" Legislation in Virginia;
summaries and documents re Kendra's Law; some handwritten notes
AOT – MOT Issues – Comprehensive Mandatory Outpatient Treatment Plan; DBHDS Implementation Guidance for HB 475 and HB476 Effective
July 1, 2012 (draft); Explanation of Involuntary Commitment Process Description Rights VA. Code §§ 37.2-814; 18.2-308.1:3;
some correspondence and handwritten notes
Bagley Commission [Report of the Commission on Mental Health and Mental Retardation to the Governor and the General Assembly
of Virginia] – correspondence With Richard M. Bagley, Chairman of the Commission and report
Bazelon Grant – application. Includes correspondence, memoranda and some documents: "Promoting Use of Advances Directives
by People with Serious Mental Illness under Virginia's Health Care Decisions Act: A Study of Implementation (4 May 2011);
"Creating Opportunities Emergency Response Team Report (27 July 2011); "Promoting Use of Advances Directives in Mental Health
Care Virginia in the Vanguard (12 August 2011)
Civil Commitment Procedures Report Presented to the Secretary of Public Safety, Secretary of Health and Human Resources and
the Executive Secretary of the Supreme Court [of Virginia] (November 2003)
Civil Law Training and Emergency Services Conference – agenda, some correspondence and documents: VDBHDS: Medical Screening
& Medical Assessment Guidance Materials (1 April 2014); 2014 Law Changes: Putting New Law into Practice (19 May 2014); 2014
Legislative Changes to Virginia's Civil Commitment Laws (June 2014); Environment of Emergency Services in Virginia (June 2014);
Strategies for Implementing a Responsive Local Emergency System (A Short Practitioner's Guide); Medical Screening & Medical
Assessment; Overview of Virginia's Publicly-Funded Mental Health System: Structure, Funding & Recent Changes (21 July 2014);
Purpose of Medical Screening; VDVHDS: Assessment of Virginia's Emergency Evaluators, Qualifications, Training and Oversight
(SB261) submitted to the Governor of Virginia and the General Assembly of Virginia (1 December 2014)
[Code of Virginia] – Revision Title 37.1. [Revised definitions of Mental Illness and Substance Abuse for the Title 37.1 Recodification]
– drafts, correspondence, printed materials
Commitment General – Virginia Commitment Bill – DMHMRSAS [Department of Mental Health, Mental Retardation and Substance Abuse
Services] extensive memoranda, correspondence, proposals for changes re commitment and discharge of patients with mental illness;
Mental Health Committee, League of Women Voters of Virginia: "Involuntary Civil Commitment and Patients' Rights in Virginia"
(March 1988); Richard J. Bonnie memorandum re Report on Mandatory Outpatient Treatment (13 June 1988); newspaper clippings,
printed materials
Commentary (DMHMRSAS) [An Act Providing a Right to Mental Health Service and Supports] – commentaries and perspectives re
needed changes in Virginia's mental health care system, state law, and attitudes toward mental illness. DMHMRSA Briefing
Paper: "Involuntary Outpatient Commitment, Mandatory Outpatient Treatment & Assisted Outpatient Treatment with Reference to
Senate Bills 18 and 309" (8 September 2006) [See also: Virginia Tech]
Deinstitutionalization Commission HJR 139 – [Joint Subcommittee Studying the Effects of Deinstitutionalization HJR 139: Strategies
for Treatment Compliance in the Community of Persons with Serious Mental Illness]
DMH – VHHA – VACSB [Department of Mental Health, Virginia Hospital and Health Care Association, Virginia Association of Communities
Services Board] – Emergency [Mental Health] Services Issues. Correspondence, memoranda, handwritten notes
General Assembly – memorandum re legislative proposals. Department of Mental Health, Mental Retardation and Substance Abuse
Services Final Disposition 1994 Legislative Session
1994
General
Note: General Assembly records also have digital documents that can be requested.
General Assembly – Firearms purchase. Memoranda and some correspondence. Report of the Department of State Police, the Supreme
Court of Virginia, and the Department of Criminal Justice Services on Increasing the Effectiveness of the Firearms Background
Check to the Governor and the General Assembly of Virginia, HD No. 16 (1994)
[General Assembly] – "Duty to Take Precautions to Protect for Licensed Mental Health Professionals and Certified Substance
Abuse Counselors" teleconference points
General Assembly – DMHMRSAS Legislative sheet; HB 2126: Outpatient Commitment; HB 1920: Alternate Guardianship Order; HB 1697:
Power of Attorney; Report of the Virginia Bar Association on Financial Abuse of Vulnerable Adults and the Durable Power of
Attorney to the Governor and the General Assembly of Virginia (1995); Chapter 844 – HB 1960: Temporary Detention Orders Cost
Data; SB 917: Benefit Calculations; HB 1885: "Deletes Thumb-printing"; 1996 budget
General Assembly Digital Documents – correspondence and working papers [See: lib_law_archive (\\nas.storage.virginia.edu)
(Y:) Collections MSS Martinez]
General Assembly – DMHMRSAS Legislative Monitoring; HB 90; HB 229; HB 262; HB 332; HB 785; Summary of Acts of the General
Assembly DMHMRSAS; Analysis of Patient Choice of Provider Legislation; memoranda, printed materials
General Assembly – HB 330 (Delegate Mims); DMHMRSAS Position on House Bill 330 and Proposed Substitute; memoranda; Proposed
1996 Amendments to Involuntary Civil Commitment Statutes
General Assembly Digital Documents – correspondence and working papers [See: lib_law_archive (\\nas.storage.virginia.edu)
(Y:) Collections MSS Martinez]
General Assembly Digital Documents – correspondence and working papers [See: lib_law_archive (\\nas.storage.virginia.edu)
(Y:) Collections MSS Martinez]
General Assembly – Legislative Action Summaries for HB 44, HB45, HB 415, HB 430, HB 539; HB 45; HB 1292; HB 1294; testimony
of Val Marsh, executive director of the Virginia Alliance for the Mentally Ill on Parity Bill SB 430 (18 December 1998); extensive
memoranda, correspondence; Review of the Comprehensive Services Act Draft Recommendations of the Joint Legislative Audit and
Review Commissions
General Assembly – Sex Offenders Bills – Legislative Action Summary HB 128, SB 171, HB 304, HB 1187; memoranda; Fitch, Lawrence
W. et al: "Sexually Violent Predator Commitment: Kansas v. Hendricks and the NASMHPD Legislation Toolkit," State Mental Health
Forensic Directors' Annapolis, Maryland (3 September 1997); DMHMRSAS estimated costs to operate Sex Offender Programs
General Assembly Digital Documents – correspondence and working papers [See: lib_law_archive (\\nas.storage.virginia.edu)
(Y:) Collections MSS Martinez]
General Assembly – Juvenile Competency – memoranda, correspondence and documents. HJR 69 Study of Juvenile Competency in Legal
Proceedings; Legislative Action Summary HB 1039
General Assembly Digital Documents – correspondence and working papers [See: lib_law_archive (\\nas.storage.virginia.edu)
(Y:) Collections MSS Martinez]
General Assembly – DMHMRSAS Final Tracking List; HB 1473 Temporary detention orders; physician or psychologist appeal; copy
of "Involuntary Temporary Detention; Issuance of Order submitted by the Richmond Academy of Medicine and The Psychiatric Society
of Virginia" (October 1999); Legislative Action Summary HB 450, HB 908; HB 968 Mental Health; pre-discharge planning; HB 1390
Amendment in the Nature of Substitute (draft); SB 520 Juvenile Competency; SB 74: Possession of firearms by persons voluntarily
admitted to a mental institution; HB 1230: Eliminates the right of a defendant to be competent to stand trial if charged with
a misdemeanor offense; HB 46 re health care records of a minor; HB 677 Mental health services providers; duty to inform;
SB 90 (same as SB 88: authorizes the use of emergency custody orders as part of emergency admission procedures for juveniles;
SB 910 caregivers grants; 2000 Legislative Proposal for department of Mental Health, Mental Retardation and Substance Abuse
Services 720 (September 1999); legislative proposals; correspondence, memoranda
General Assembly – "Involuntary Civil Commitment and the Lack of Medical Clearance in Virginia" (6 December 2000); HB 1662
Law enforcement crisis intervention for persons with mental illness; SB 906 procedure, maximum extension periods; Legislative
Action Summary: HB 1904 re changes of duties of the Alzheimer Commission ; HB 2015 Youth suicide prevention; SJ 339 Study,
progressive assisted treatment law for severely mentally ill; HB 2491 Involuntary commitment; SB 1119 Mental health courts,
pilot program, study; HJ 522 Study, mental health courts; HB 2258 Involuntary temporary detention; HB 2258 Talking points
(17 January 2001), notes, memoranda and correspondence; DMHMRSAS Comments on HB 2258 (22 January 2001)
General Assembly – SB 57 Mental Health Courts, pilot program, study; SB 482 Persons acquitted of misdemeanors by reason of
insanity; SB 426 Acute care psychiatric and residential beds, children & adolescents; HB 678 Involuntary temporary detention,
medical screenings; Virginia Association of Community Services Boards Legislative and Budget Agenda 2002 Session
General Assembly digital documents: Rationale for DMHMRSAS Suggested Amendments to HB 25: Letter to SJ 97 –HJ142 Workgroup
(24 June 2002); HB 1228 (SB 661) amendments; HB 887 Work-plan – OMHS: "Data Collection for Children & Adolescent Inpatient
and Residential Treatment Beds"; HB 25 amendments (10 January); 2002; 2002 New LAS document (form); 440 Cross Training Study:
"HJR 142/SJR 97 Cross Training Curriculum Study"; 323-329 Work-plan: "Integrated Policy and Plan for Children and Adolescents"
(16 May 2002)
General Assembly Digital Documents – SB 1079 Talking Points (14 January 2015); SB 1326 Summary document; Recommended DMHMRSAS
Amendments to HB 2011 (Delegate Bell) (13 January 2003); Proposed DMHMRSAS Amendment to HB 1499 (Delegate Lingamfelter) (16
January 2003); Possible Amendments to HB 2670 (16 January 2003); HB 1499 – DMHMRSAS Talking Points (12 February 2003); Commitment
Procedures Budget Language; General Assembly Update for the Mental Health Planning Council April 2, 2003 [See: lib_law_archive
(\\nas.storage.virginia.edu) (Y:) Collections MSS Martinez]
General Assembly – HB 381 re notifications to parents of certain health services to minors, DMHMRSAS Talking Points, amendments;
HB 1499 Notifications to Parents of Certain Health Services to Minors Talking Points for Senate Education and Health Committee;
HB 953: "authority to consent to surgical and medical treatment of certain minors"; SB 44 Insurance, mandated coverage for
biologically based; SB 24 re requirement of an interpreter for any non-English speaking persons in case of certification hearing,
involuntary commitment or as witnesses; HB 589 Emergency custody and temporary detention orders, transportation; HB 588 transportation
during Emergency custody and temporary detention orders; HB 579: Emergency custody and temporary detention orders; correspondence
and memoranda
General Assembly Digital Documents - Possible Amendments to HB 953 (Delegate Lingamfelter) (21 January 2004); Options for
amending HB 381: Possible Amendments to HB 381 (Delegate Lingamfelter) (20 January 2004); LAS Form 2004; Info for Del. Lingamfelter
re HB 953 (18 January 2004); Infor for Del. Lingamfelter re HB 381 (18 January 2004); HB 953 – DMHMRSAS Talking Points (19
January 2004); HB 381 – DMHMRSAS Talking Points (19 January 2004); HB381 – Amendment in the Nature of a Substitute; Final
proposed amendment to HB381: DMHMRSAS (Delegate Lingamfelter); Cumulative Report Final Revised: "Major Legislation Tracked
by DMHMRSAS 2004); HB 953 – Amendment in the Nature of a Substitute [See: lib_law_archive (\\nas.storage.virginia.edu) (Y:)
Collections MSS Martinez]
General assembly – documents related to HB 2037 Interagency Civil Admission Advisory Council; DMHMRSAS Talking Points for
Suicide Prevention Legislation SB 889 and HB 2796 (2005); SB 1017 Judicial Authorization of Treatment and Detention, amendments
and revisions; SB 507 relating to judicial authorization of treatment and detention of certain persons; SB 1326 Judicial
authorization of treatment and detention; HB 2110: Involuntary commitment process for persons with mental illness, standard
of proof; SB 718: Crisis intervention pilot programs for persons with mental illness; HB 2550: Advance medical directives,
DMHMRSAS: talking points; HB 2551: Definition of mental illness not to include dementia or Alzheimer's disease for certain
purposes, DMHMRSAS talking points, memoranda and correspondence; memoranda, notes, some correspondence
General Assembly Digital Documents – Background on MOT – AOT for Del. Sickles (15 December 2004); Draft Civil Commitment Procedures
Guidelines and Policy Suggestions for Review; Proposed Legislation: DMHMRSAS to be lead agency for suicide prevention; HB
1662 – DMHMRSAS Talking Points; HB 2037 DMHMRSAS Proposed Amendments; Talking Points re HB 2550 & HB 2551; DMHMRSAS Talking
Points for Suicide Prevention Legislation SB 889 & HB 2796 (2005) [See: lib_law_archive (\\nas.storage.virginia.edu) (Y:)
Collections MSS Martinez]
General Assembly – documents related to HB 899 Temporary detention process, transportation by sheriffs; HB 353: Mental health;
transportation of individuals to be admitted; HB 352: Mental health, emergency custody and temporary detention orders, recommendations;
HB 173: Medical and health services to minors, notification to parents
General Assembly Digital Documents – 2006 Blank LAS Form; Analysis of SB 309; Involuntary Outpatient Commitment (Mandatory
Outpatient Treatment - Assisted Outpatient Treatment), MHMRSAS Briefing and Recommendation (26 July 2006); Involuntary Outpatient
Commitment (Mandatory Outpatient Treatment - Assisted Outpatient Treatment) (with reference to SB 18 and SB 309) (July 2006);
Briefing Paper: Involuntary Outpatient Commitment, Mandatory Outpatient Treatment & Assisted Outpatient Treatment with reference
to Senate Bills 18 and 309, Virginia Department of Mental Health, Mental Retardation and Substance Abuse Services (8 September
2006); Brief History of MOT-AOT in Virginia: Brief History of "Assisted Outpatient Treatment (AOT) Legislation in Virginia
(3 versions); Budget Bill Amendments for Med Screening and Assessment (11 January 2006); DMHMRSAS Comments re HB 352 and
HB 353 (16 January 2006); DMHMRSAS Proposed Amendment to HB 352 (11 January 2006); Draft Budget Bill Amendments for Med Screening
and Assessment: Proposed Appropriations Act Amendments to Support Medical Screening and Assessment (14 December 2005); Final
ICAA [Interagency Civil Admissions Advisory Council] Recommendations: Attachment A, Interagency Civil Admissions Advisory
Council Final Recommendations (12 December 2005); HB 43 notes; HB 173 – DMHMRSAS Talking Points (17 January 2006); Initial
Med Screening and Assessment Proposal 928 November 2006); Med Screening # 3 12 5-05: Draft Proposal For Medical Screening
and Assessment (28 November 2005); MOT-AOT Summary Bullets (7 July 2006): Mandatory Outpatient Treatment – Assisted Outpatient
Treatment Summary of MOT-AOT Issues; MOT-AOT Summary Bullets Mandatory Outpatient Treatment – Assisted Outpatient Treatment
Summary of MOT-AOT Issues (9 January 2006); Notes from Kendra's Law final report (March 2005); SB 18 analysis; SB 18 Talking
Points (19 January 2006) [See: lib_law_archive (\\nas.storage.virginia.edu) (Y:) Collections MSS Martinez]
General Assembly – documents related to SB 890: Involuntary mental health commitment, emergency custody orders; DMHMRSAS proposed
amendments to SB 890; SB 741: Involuntary commitment hearings; law students may represent petitioner without practicing attorney;
HB 2036 Involuntary admission hearings, examination providers; SB 1052: Emergency custody order, issuance and execution; HB
2955 re temporary detention orders; HB 3186: Access to firearms, civil liability; HB 2811: Possession of firearms in residences
of mentally ill persons; SB 1388: Mental health courts, pilot program; SB 981: re involuntary commitment
General Assembly Digital Documents – Amendments to ICAA membership: § 2.2-2691, membership, terms, quorum, meetings; DMHMRSAS
Discussion Points re SB 808 – Assisted Outpatient Treatment (AOT) (18 January 2007); DMHMRSAS proposed amendments to SB 890
(12 January 2007); MHAV Talking Points, Jim Martinez, Director, Office of Mental Health, DMHMRSAS (14 January 2007); MOT General
Briefing Paper: "Briefing Paper on Mandatory Outpatient Treatment Virginia Department of Mental Health, Mental Retardation
and Substance Abuse Services (24 May 2007) [See: lib_law_archive (\\nas.storage.virginia.edu) (Y:) Collections MSS Martinez]
General Assembly Digital Documents: 2008 LAS Form; Amendments for SB 246; Briefing on Civil Commitment Process/Criteria; DMHMRSAS
comments/amendments re MH Bills now in House Appropriations (1 February 2008); Comprehensive Comparison by Topic of Governor's
Mental Health Law Reform Legislation and Related Bills (9 January 2008) [many incoming bills not reflected here]; Coordinating
Mental Health Reform – Discussion (2 April 2008); Coordinating Mental Health Reform – Discussion (draft); Involuntary Commitment
Criteria – Possible Discussion Points (26 February 2008); DMHMRSAS questions for HHR guidance (16 January 2008); DMHMRSAS
Recommendations Edwards (January 2008); ER MDs petition for TDO; HB 499 (sub) added CSB time; Hearing Outcome Data (draft);
House MH Bills in Senate (JMM rev1) (2); House MH Bills (JMM rev 1); House Substitute for Senate Substitute for SB 246 [presented
to House MH Subcommittee (20 February 2008); ICAAC enabling statute (28 December 2007); ICAAC Legislation Heidi's draft; JMM
Comments re new #8522 (received from Ruth Anne Saturday (29 December 2007); Mental Health Reform – What Does [this bill] Do?;
Mental Health Reforms – What Did These Bills Do?; Notes on SB 246 (House Sub ) 2-26-08; SB 177 pilot: Cost Projections for
SB 177 (Kendra's Law) Pilot (5 March 2008); HB 499 (Hamilton) and SB 246 (Howell and Lucas) Introduced Bills, Amendments by
Section; Senate Substitute for House Bill 499 [reported from Senate Courts Committee 2/25]; Governor's Bill relative to Commission
bill(s) in same areas (3 January 2008); Things that are in Commission MOT bills that are not in the Governor's bill; VT Panel
and CMHLR [Commission Mental Health Reform] Recommendations (17 December 2007)
General Assembly Digital Documents - 2014 Bill List (JMM) (28 January 2014); CSB Preadmission Screening Curriculum: Department
of Behavioral Health and Developmental Services (DBHDS) Curriculum for Community Services Board Evaluators and Preadmission
Screeners, DBHDS Required Certification Training Modules; FIS SB 424 (24 January 2014): Department of Planning and Budget
2014 Fiscal Impact Statement; House Courts Actions on Bills from MH Subcommittee (3 February 2014); House MH Sub 29 January
2014: Bills from House Courts MH Sub for Full Courts (3 February 2014), (Categories 1-4 directly relevant to November 19th
tragedy); Item 308 #2h Health and Human Resources, Grants to Localities Language; Length of Time Locating an Adult Psychiatric
Bed; MOT Flowchart; MOT Orders Issued in Virginia, by Fiscal Year, by Type (Source: Supreme Court of Virginia); Paragraph
E HB 1172 – SB 260; SB 439 (Mandatory Outpatient Treatment Clarifications – DBHDS Agency Bill); Substitute for 37.2-809.1
Facility of temporary detention. [See: lib_law_archive( \\nas.storage.virginia.edu) (Y:) Collections MSS Martinez]
Governor's Task Force on Improving Mental Health Services and Crisis Response – working papers of several workgroup meetings
on January 7, January 24, January 28, March 19, March 23, April 10, May 21, July 15, August 11, 2014. Agendas, presentations,
recommendations, email correspondence and memoranda, some newspaper clippings. Includes G. Douglas Bevelacqua presentation
(7 January 2014); Virginia's Publicly-Funded Behavioral Health Services System by James W. Stewart III; Virginia's Civil Commitment
Process by Allyson K. Tysinger; The Impact of the Mental Health Crisis on Law Enforcement by Diana Schrad (Recommendations);
Virginia's Hospital & Healthcare Association: Comments Submitted to the Governor's Task Force on Mental Health Services and
Crisis Response (21 January 2014); Review of Incident Following Emergency Custody Order (ECO) Report (19 December 2013); Public
Comment to the Governor's Task Force on Improving Mental Health Services and Crisis Response (27 January 2014); The Virginia
Acute Psychiatric and CSB Bed Registry Initiative Update ; Mental Health Task Force Recommendations (28 January 2014); Recommendations
Technical Infrastructure and Data Workgroup (19 March 2014); Office of the State Inspector General's Address to the Task Force:
"Critical Incident Investigation, Bath County, Virginia, November 2013"; DBHDS [Virginia Department of Behavioral Health and
Development Services]: "Update Protocols, Bed registry and Other Items (10 April 2014); Office of the Attorney General: "2014
Legislative Changes to Virginia's Civil Commitment Laws" (April 2014); Recommendations (19 March 2014); Public Comment to
the Governor's Task Force on Improving Mental Health Services and Crisis Response (10 April 2014); Commonwealth of Virginia,
Office of Governor Terry McAuliffe, Executive Order Number Twelve (2014), Continuing the Governor's Task Force on Improving
Mental Health Services and Crisis Response; Segal, Emily: "The Crisis Intervention Team (CIT) Model for Law Enforcement: Creative
Considerations for Enhancing University Campus Police Response to Mental Health Crisis on Campus"; Taskforce Recommendations
(16 June 2014); Public Comment to the Governor's Task Force on Improving Mental Health Services and Crisis Response (11 August
2014)
Governor's Task Force on School and Campus Safety – working papers of several workgroup meetings on January 17, 24, 31 and
March 28 of 2013. Agendas, briefings, presentations, recommendations, email correspondence and memoranda, some newspaper clippings;
notes. Commonwealth of Virginia Office of the Governor Executive Order No. 56 (2012) Governor's Taskforce on School and Campus
Safety; DBHDS: Implementing Mandatory Outpatient Treatment in Virginia by James M. Martinez, Jr.; UVA Institute of Law, Psychiatry
and Public Policy Annual Statistical Report, Operation of the Civil Commitment Process in FY 2012 (October 2012); Governor's
Taskforce on School and Campus Safety Mental Health Perspective by James W. Stewart, III, Commissioner, DBHDS; Governor's
Taskforce on School and Campus Safety, Characteristics of Mass Shooters; "Transition to Independence Process (TIP) System;
Mental Health Workgroup Proposals for the Governor's School and Campus Safety Task Force; Martinez, James M.; "Overview of
Mandatory Outpatient Treatment in Virginia and Proposed Changes to Temporary Detention Period for Adults"; Heidbreder, Kay:
"Virginia Law on Threat Assessment in Public Institutions of Higher Education"
Hammond-Anderson Commission on Community Services and In-Patient Care – working papers of workgroups. Presentations, recommendations,
email correspondence and memoranda, notes. "System and facility accountability" Perspectives from Dr. Jeffrey Geller's Reports
(16 October 1998); Kellogg, Richard E.: "The development of a Commonwealth Trust Fund and the Re-Structuring of Eastern State
Hospital, The Crossroads of Modernization" (30 November 1999); draft of Client Services Committee Henrico County Training
Center, Richmond (8 July 1999); Crosswords to the 21st Century Working Together to Build a Better Future for Virginians with
Mental Illness, Mental Retardation and Substance Addiction and Abuse Problems (January 2000); "Outline of Publicly Funded
Service System for Adults with Serious Mental Illness (SMI) for the Hammond Commission (16 October 1998): Virginia's Substance
Abuse Treatment Delivery System – Strengths, Needs, Challenges and Next Steps presented to the Clients Services Committee
of the Hammond Commission (16 October 1998); Anderson Commission on Community Services and In-Patient Care Final Report to
Governor James S. Gilmore, III (December 1999)
ICAAC – VACSB [Virginia Association of Community Services Boards] – memoranda, correspondence drafts re civil commitment procedures;
Comments of the Virginia Hospital & Healthcare Association to the Committee to Establish Statewide Policies and Guidelines
on Civil Commitment Procedures (22August 2003)
ICAAC [Interagency Civil Admissions Advisory Council] Prior History and Work – memoranda and notes re EMTALA [Emergency Medical
Treatment and Active Labor Act]; medical screening and clearance; concerns with the closing of state psychiatric beds; safety
and security
2003; ICAAC – VACSB [Virginia Association of Community Services Boards] – memoranda, correspondence drafts re civil commitment
procedures; Comments of the Virginia Hospital & Healthcare Association to the Committee to Establish Statewide Policies and
Guidelines on Civil Commitment Procedures (22August 2003)
ICAAC – Civil Commitment Issues – memoranda, correspondence, reports of workgroup; drafts; Davis, King E.: "A Review of Census
Management Issues and Options for State Psychiatric Facilities", Commonwealth of Virginia, DMHMRSAS, 21 September 1990
ICAAC – agenda, memoranda, correspondence; Report to the Secretary of Public Safety and the Interagency Civil Admissions Advisory
Council on Law Enforcement Practices for handling Mentally Disabled Persons (November 2006)
[Involuntary Commitment] – working papers; Stann, Elizabeth H. and Ingo Keilitz: "Improving the Practice of Involuntary Commitment,
An Implementation Manual to Accompany the National Center for State Courts, Guidelines for Involuntary Civil Commitment"
IOC [Involuntary Outpatient Commitment] – memoranda, some correspondence re involuntary outpatient commitment. Includes Richard
Bonnie Mandatory Outpatient Treatment of the Mentally Ill: Problems and Prospects. A Report by the Committee on the Mentally
Disabled of the Virginia Bar Association and the Institute of Law Psychiatry and Public Policy of the University of Virginia
for the Virginia Law Foundation and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse (draft)
and final report (June 1988); DMHMRSAS Study of Involuntary Outpatient Commitment Proposed Work-plan (27 May 1992)
JLARC [Joint Legislative Audit and Review Commission of the Virginia General Assembly] – Study of Involuntary Civil Commitment
– Interim Report, review of the Involuntary Civil Commitment Process Exposure Draft (20 December 1993); memoranda, working
papers
JLARC Involuntary Commitment Study (YR. 2 1994) - Interim Report of JLARC, Review of the Involuntary Civil Commitment Process
to the Governor and the General Assembly of Virginia, House Document No. 77 (1994); JLARC Review of the Involuntary Commitment
Process Staff Briefing (27 October 1994); memoranda, correspondence
JLARC – VHHA – DMHMRSAS – VACSB [Joint Legislative Audit and Review Commission of the Virginia General Assembly, Virginia
Hospital and Health Care Association, Department of Mental Health, Mental Retardation and Substance Abuse Services, Virginia
Association of Communities Services Board] – Behavioral Health Task Force Training – manual, recommendations
Mandatory Outpatient Treatment HB 801 – memoranda, agenda, working documents, drafts; "Mandatory Outpatient Treatment: A Legislative
Proposal for Virginia, A Report prepared by the Institute of Law Psychiatry and Public Policy of the University of Virginia
for the Virginia Law Foundation and the Virginia Department of Mental Health, Mental Retardation and Substance Abuse (January
1998); Virginia Alliance for the Mentally Ill Testimony on Outpatient Commitment HJR 225 Subcommittee (21 October 1998);
Strategies for Treatment Compliance in the Community for Persons with Serious Mental Illness; Final Report of the New York
City Study Involuntary Outpatient Commitment Pilot Program (4 December 1998)
Medical Screening – memoranda, drafts, working papers. Behavioral Health Task Force Work Group Status Report Pertaining to
Investigating Physician/CSB Pre-screener Disagreements (21 April 1998); DMHMRSAS: Medical Clearance and Admission to Mental
Health Facility (19 February 2001); Guidelines for Medical Screening & Assessment (2002); Examination of Admissions with Significant
Medical/Surgical Conditions; Draft Proposals for Addressing Medical Screening (2005); Departmental Instructions No. 101(TX)96
Medical Screening of Individuals Referred for Admission to DMHMRSAS Hospitals and Training Centers (formerly DI 131)
Medical Screening – memoranda, correspondence, drafts, printed materials. Summary of EMTALA's Screening, Stabilization and
Transfer Requirements; Proposed Medical Screening Protocol drafts (2006); Medical Screening and Assessment Guidance Materials,
Developed by VDMHMRSAS, Virginia Association of Community Services Boards, Virginia Hospital and Healthcare Association, Virginia
College of Emergency Physicians (13 March 2007)
Mental Health Digital Documents- 2008 Final Legislative Report - MH Bills; CMHLR FAQ court file; Community Plan template draft;
Coordinating MH Reform discussion (2008) (12 documents); Coordinating MH Reform discussion (2011); Current Policy Issues
in Mental Health Treatment and Civil Commitment Law; Draft Community Guidance template (2 documents); Draft Implementation
Checklist #1- Commitment; Form 1006 Court Order (10 June 2008); Form 1006 Court Order; Form 1006 Petition draft; Implementation
Checklist #1- Commitment and MOT; Item 238 Reporting Requirements; Law Reform Oversight Proposal (draft, September 2009);
MH Bills (Fall 2008); MH Reform Implementation Activity to date 22 October 2008; Preliminary data on ECOs (6 November 2008);
Proposed FY 2009-10 Reform Allocations May 12 (draft); Reform Guidance #3 IE Certification (24 June 2008 (draft 3); Reform
Ideas for MH Law (7 July 2007); Reform Ideas for MH Law Commission and Symposium (16 March 2007); Site Map; Two FAQs (22 July
2008); VACSB Reform Overview (1 October 2008) [See: lib_law_archive (\\nas.storage.virginia.edu) (Y:) Collections MSS Martinez]
NGRI [Not Guilty by Reason of Insanity] Defense for Juveniles – memoranda, email correspondence, comments, notes. VBA HJR
680 Workgroup Study about NGRI as a Statutory Defense in Juvenile Delinquency Proceedings; National Mental Health Association:
"Prevalence of Mental Disorders Among Children in the Juvenile Justice System"; Virginia Bar Association Report on the Adjudication
of the Insanity Defense in Juvenile Delinquency Proceedings to the Governor and the General Assembly, House Document No. 60
(2000); HB 2653
Reports – Barclay, Sarah E.: "Increasing the Temporary Detention Period Prior to Civil Commitment Hearing: Implications and
Recommendations for the Commonwealth of Virginia Commission on Mental Health Law Reform" (April 2008); Tavenner, Marilyn B.:
"Report on Item 282.C of the 2008 Appropriation Act to the Governor and the Chairmen of the House Appropriations and Senate
Finance Committee of the General Assembly" (1 November 2008); Virginia Department of Behavioral Health and Development Services:
"Report on the Implementation of New Mental Health Services and Monitoring of Civil Commitment Process Changes" (Item 316.LL)
(29 December 2009); Merfish, Brett M.: "Virginia Civil Commitment Procedure and Practice: In-Depth and Recommendations to
Increase Voluntary Admission," comment on report (April 2010)
SJR 97/HJR 142 [Senate Joint Resolution 97, House Joint Resolution 142] – memoranda, correspondence, working papers. Included
are: MHMRSAS: "Virginia Model Jail and Juvenile Detention Center Mental Health and Substance Abuse Programs and Jail and Juvenile
Detention Center Survey Results Presentation to the Joint Committee Studying Treatment Options for Offenders with Mental Illness
or Substance Abuse Disorders" (SJR 440, 2001) (27 July 2001); DMHMRSAS Report of the SJR 97/ HJR 142 Workgroup Studying Cross-Training
and Dissemination of Innovative Practices (30 September 2002); Cross-Training and Dissemination of Innovative Practices Report
to the Committee Studying Treatment Options for Offenders with Mental Illness or Substance Abuse Disorders (SJR 97/HJR 142,
2002) (18 October 2002); Report of the Committee of the Joint Commission on Behavioral Health Care, Virginia State Crime Commission
and the Virginia Commission Youth Studying Treatment Options for Offenders Who Have Mental Illness or Substance Abuse Disorders
to the Governor and The General Assembly of Virginia, Senate Document No. 25 ( 2002)
Training materials and forms. Institute of Law, Psychiatry and Public Policy: "Integrating Laws, Policies, and Treatment
Objectives to Implement a Local Emergency System. Civil Commitment Training Program"; Cohen, Bruce: "Risk Assessment for
Suicide and Violence"; "Implementing a Local Emergency System, Practitioners Guide"
TDO [Temporary Detention Orders] 37.1 – 67.1 – memoranda, notes, some correspondence, proposals, drafts, working papers. Neely,
Ronald B.: "Mental Temporary Detention Orders, Continuing Legal Education, Region I, Hampton, Virginia" (27-28 January 1987);
Fitch, W. Lawrence: "Virginia Procedures Relating to the Use of Mental Health Experts in Criminal Cases" (April 1988); VBA
and ILPPP: "Emergency Detention of Mentally Ill in Virginia" (June 1988)
TDO Issues – Richmond Case. Memoranda, notes, some correspondence, proposals, drafts, working papers, graphs, printed materials.
Virginia Hospital & Healthcare Association: "Virginia's Uninsured. A Profile of Virginia's Uninsured Population and Hospital
and Health System Services Provided to Them" (October 1997); VACSB: "Guidelines for Minimum Qualifications required for Preadmission
Screening Evaluators and Persons Requesting Temporary Detention Orders" (July 1988)
Virginia College Mental Health Study – Report on the Virginia College Mental Health Survey Conducted by the Joint Commission
on Health Care in coordination with the Commission on Mental Health Law Reform (7 September 2010)
[Virginia's Revised Health Care Decisions Act] – "Understanding and Implementing Virginia's Revised Health Care Decisions
Act," UVA Law School (22 October 2009)
Virginia Tech – Report: # 140-07: Investigation of April 16, 2007 Critical Incident at Virginia Tech prepared by Office of
the Inspector General for Mental Health, Mental Retardation & Substance Abuse Services James W. Stewart; Recommendations Following
Investigation of April 16, 2007 Critical Incident at VA Tech
Virginia Tech Review Panel: "Mass Shootings at Virginia Tech, April 16, 2007." Report of the Review Panel presented to Governor
Kaine, Commonwealth of Virginia, August 2007
VT [Virginia Tech] – FY09-10 – Virginia Tech Response. "Summary of Mental Health Initiatives for FY 2008-2010 Budget, Recommendations
to the Governor Prepared Jointly by the OIG [Office of the Inspector General] and DMHMRSAS
Commission on Mental Health Law Reform early planning materials – memoranda, agreements, notes, working materials, printed
materials. Includes Bonnie, Richard: Reforming Civil Commitment: Serving Consumer's Needs While Protecting Their Rights (undated);
Monahan, John: "Use of Leverage to Improve Adherence to Psychiatric Treatment in the Community" (15 April 2005)
Commission on Mental Health Law Reform "Miscellaneous Accumulation" – briefing papers, memoranda, email correspondence, notes,
reports, drafts, news clippings. Includes: Swartz, Marvin S.: "Assisted Outpatient Treatment/Involuntary Outpatient Commitment:
What's in the Data?'; "Mass Shootings at Virginia Tech, April 16, 2007," Report of the Review Panel, Summary of Recommendations,
Chapter II; Commitment Coordinating Group proposals and correspondence; VCU, Social Work Ph.D Program letter to Governor Timothy
M. Kaine re Virginia Tech tragedy; McGarvey, Elizabeth et al: "CSB Face-to-Face Adult Crisis Contact Civil Evaluation: June
2007"; Commonwealth of Virginia Civil Commitment Process Special Justice Responsibilities; Statement of Richard J. Bonnie
prepared for the Behavioral Health Subcommittee of the Joint Commission on Mental Health Care (23 October 2008)
Commission on Mental Health Law Reform Meeting of 5 March 2007, Charlottesville, VA – Statement and Goals, Task Force on Empowerment
and Self Determination, Code Change Ideas points; Crisis Stabilization Sub-committee: "Prioritization of Crisis Stabilization
Services"; notes, memoranda, agenda. Also Swamson, Jeffrey: "Empowering Consumers: Psychiatric Advance Directives and Other
Reforms" (undated); Swartz, Marvin S.: "Reforming Civil Commitment: Recent Trends and Lessons"
Commission on Mental Health Law Reform Meeting of 12 October 2007, Williamsburg, VA – Richard Bonnie's Opening Remarks; "Recovery,
Empowerment and Self Determination: A Vision for the Future of Public Mental Health Systems", Chief Justice Commission on
Mental Health Law Reform, presentation by James S. Reinhard
Commission on Mental Health Reform Meeting of 29 November 2007, Charlottesville, VA – agenda, reports and recommendations
of task forces, drafts, notes. Commonwealth of Virginia Commission on Mental Health Law Reform Report of the Task Force on
Children and Adolescents (9 November 2007); Report of the Task Force on Criminal Justice, Blueprint Recommendations
Commission on Mental Health Reform Meeting of 21 August 2008, Williamsburg, VA – agenda, notes, drafts, reports, research
materials. Task Force on Future Commitment Reforms Initial Report; Report from the Mental Health Training and Implementation
Task Force; statutory recommendations draft; Report from the Children and Adolescent Task Force; Addendum to Final Interim
Report and Recommendations of the Working Group on Health Privacy and the Civil Commitment Process; Initial Report of the
Three-tiered Transportation Work Group; Access Task Force Report; Bruce J. Cohen, Richard J. Bonnie, and John Monahan: "Understanding
and Applying Virginia's New Statutory Civil Commitment Criteria'; Jane D. Hickey, Allyson K. Tysinger, and William C. Mims:
"A new era begins: Mental Health Law Reform in Virginia"
Commission on Mental Health Reform Meeting of 30 October 2008, Williamsburg, VA – agenda, notes, drafts, reports, research
materials. Mental Health Training and Implementation Task Force Report; Task Force on Advances Directives Proposed Recommendations;
Transportation Work Group Report; Task Force on Future Commitment Reforms Report; Report of the Workforce Development Committee
of the Access Task Force
Commission on Mental Health Law Reform Meeting of 5-6 August 2008 – agenda, notes, email correspondence, proposals, drafts,
reports. Future Commitment Reforms Task Force Report; Transportation Work Group Report; Mental Health Training and Implementation
Task Force Report; "Adult Data"; New York State Assisted Outpatient Treatment Program Evaluation Submitted under Contract
with the New York State Office of Mental Health (30 June 2009)
Commission on Mental Health Law Reform Meeting of 5-6 October 2009, Richmond, VA – agenda, notes, email correspondence, proposals,
drafts, reports. Martinez, James: "Law Reform Oversight Proposal" (September 2009); "Impact of 2008 Commitment Reforms: A
Data summary"; Mental Health Training and Implementation Task Force Supplemental Report; Task Force on Children and Adolescents
Presentation; Transportation Work Group Report; Future Commitment Reforms Task Force Report; Access to Services Task Force
Recommendations; Preliminary Report and Recommendations of the Criminal Justice/Metal Health Initiatives Subcommittee of the
Access Task Force
Commission on Mental Health Law Reform Meeting of 3 December 2009 – agenda, email correspondence, drafts. Summary of Changes
in the Juvenile Commitment Reorganization Bill
Commission on Mental Health Law Reform Meeting of 25 March 2010 – agenda, notes, email correspondence. Webb, Lindsay J: "Proposal
to the Commission on Mental Health Law Reform regarding the reconstruction of Assisted Outpatient Treatment Laws."
Commission on Mental Health Law Reform Meeting of 28 June 2010 – agenda, notes. Report from the Mental Health Legislative,
Training and Implementation task Force (28 June 2010)
Commission on Mental Health Law Reform Miscellaneous Task Force Meetings – agenda, reports, email correspondence. Includes:
"Civil Commitment hearings: District Court Variations (4 June 2010); Task Force on Future Commitment Reforms agenda and TDO
Extension Study; Richard J. Bonnie statement to the Behavioral Subcommittee of the Joint Commission on Health Care (7 September
2010)
Commission on Mental Health Law Reform Meeting of 24 June 2011 – agenda, notes, email correspondence, memoranda. Includes:
Pezzoli, John and James Martinez: "Creating Opportunities: Emergency Response System Improvement Team Surveys; Virginia's
Cross System Mapping Project; Report on Rules of Court for Involuntary Commitment Proceedings (13 April 2011); draft of Virginia
College Mental Health Study prepared for the Joint Commission on Health Care, General Assembly of Virginia (June 2011); Virginia
Mental Health Task Force Recommendations; The Campus Suicide Prevention Center: "Peer Involvement in Campus-Based Suicide
Prevention: Key Considerations" (Summary Version, June 2011); Child and Adolescent Task Force Recommendations; Stewart, James
W.: "Improving Access to Behavioral Health Services in Virginia (24 June 2011)
Department of Mental Health, Mental Retardation and Substance Abuse Services: A Review of Census Management Issues and Options
for State Psychiatric Facilities
Department of Mental Health, Mental Retardation and Substance Abuse Services: Summary of Philosophical Statements on Community-Based
Services, Department of Mental Health, Mental Retardation and Substance Abuse Services System, 1949 to Present
Report of the Virginia State Crime Commission on The Study of the Transportation of Persons with Mental Illness to the Governor
and the General Assembly of Virginia, House Document No. 43
Crosswords of Reform, Positive Direction for Virginia's Mental Health, Mental Retardation and Substance Abuse Services System,
Interim Report to Governor James S. Gilmore III from the Hammond Commission on Community Services and Impatient Care