Virginia Senate Bill SB1174

Virginia 2023 Regular Session

• Introduced: 1/10/23
• Refer: 1/10/23

Caption

Court-ordered treatment; expedited diversion in lieu of criminal adjudication.

Impact

The legislation aims to address the intersection of mental health and criminal justice by creating a framework that emphasizes treatment over incarceration for eligible defendants. This is intended to promote recovery and potentially reduce recidivism associated with untreated mental health conditions. It may also help alleviate the burden on the criminal justice system by providing alternative pathways for individuals whose actions are closely tied to their mental health challenges.

Summary

SB1174 introduces provisions for expedited diversion to court-ordered treatment for individuals with mental health issues who are involved in the criminal justice system. The bill allows for the court to order evaluations by designated mental health professionals, known as diversion case managers. Upon findings of mental illness associated with criminal conduct, the court may determine that a defendant should be diverted away from the traditional prosecution process and into a treatment program that includes mandatory outpatient treatment plans.

Contention

Notable points of contention surrounding SB1174 include concerns regarding the adequacy of available community-based mental health services necessary for effective treatment. Critics suggest that, without appropriate resources, the goals of the bill may not be fully realized, potentially leading to material nonadherence among individuals receiving court-ordered treatment. Additionally, there are debates about the balance between public safety and the rights of individuals with mental health conditions, particularly regarding involuntary treatment and the effectiveness of diversion programs.