TITLE 12. HEALTH

STATE BOARD OF BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES

Agency Decision

Title of Regulation: 12VAC35. None specified.

Statutory Authority: N/A.

Name of Petitioner: Steven Shoon.

Nature of Petitioner's Request: Create a new regulation to require community services boards and behavioral health authorities (as defined in § 37.2-100) to produce guidance documents for petitions for modification or removal of conditions at any time, pursuant to § 19.2-182.11 of the Code of Virginia.

Agency Decision: Request denied.

Statement of Reason for Decision: The relevant statutes state that while a community services board (CSB) must file reports on the acquittee's progress at least every six months, it may petition the court for modification or removal of conditions at any time. Only the acquittee is limited to petitioning annually, commencing six months after the conditional release order is issued. On July 16, 2015, the board voted to deny the request for rulemaking as a change in the law or additional guidance documents do not seem warranted to give CSBs a legal mechanism to do what they can already do (petition anytime).

Agency Contact: Ruth Anne Walker, Regulatory Coordinator, Department of Behavioral Health and Developmental Services, 11th Floor, 1220 Bank Street, P.O. Box 1797, Richmond, VA 23218-1797, telephone (804) 225-2252, or email ruthanne.walker@dbhds.virginia.gov.

VA.R. Doc. No. R15-33; Filed July 22, 2015, 12:40 p.m.