Publications/Policy & Practice

The ILPPP publishes the newsletter Developments in Mental Health Law periodically throughout the year and its faculty publish frequently in scholarly and professional journals. In addition, ILPPP faculty often participate on policymaking bodies at the request of government agencies, foundations or other entities and contribute to policy reports, statutes and regulations. Pdf documents can be accessed by clicking publication or report names found by clicking on the “ILPPP Publications” and “Policy & Practice” tabs below.

To commission a report to a government agency engaged in formulating state policy, please contact ILPPP Director Richard Bonnie rbonnie@virginia.edu

* Continuing Education with ILPPP 2017-2018 programs


September 11 2017 Assessing Risk for Violence in Clinical Practice

CE available for September 11 2017 Assessing Risk for Violence in Clinical Practice

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* Continuing Education with ILPPP 2017-2018 programs


October 2-6 2017 Basic Forensic Evaluation: Principles and Practice

CE available for October 2-6 2017 Basic Forensic Evaluation: Principles and Practice

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* Continuing Education with ILPPP 2017-2018 programs


March 19-20 2018 Conducting Mental Health Evaluations in Capital Sentencing Proceedings

CE available for March 19-20 2018 Conducting Mental Health Evaluations in Capital Sentencing Proceedings

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* Continuing Education with ILPPP 2017-2018 programs


January 26 2018 Assessing Risk for Violence with Juveniles

CE available for January 26 2018 Assessing Risk for Violence with Juveniles

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* Continuing Education with ILPPP 2017-2018 programs


General overview of Continuing Education with ILPPP 2017-2018 programs

Please see general information regarding CE for ILPPP's 2017-2018 program. Including information regarding Continuing Medical Education (PRA Category 1 and Hours of Participation), CE hours through sponsor relationship with American Psychological Association, hours of Continuing Legal Education through provider relationship with Virginia State Bar, Partial Inservice Credit hours through provider relationship with Virginia Department of Criminal Justice Services, and other Continuing Education.

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* Continuing Education with ILPPP 2017-2018 programs


December 8 2017 Evaluating for NGRI

CE available for December 8 2017 Evaluating for NGRI

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* Continuing Education with ILPPP 2017-2018 programs


Assessing Individuals Charged with Sexual Crimes May 14-15 2018

CE available for May 14-15 2018 Assessing Individuals Charged with Sexual Crimes

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* Continuing Education with ILPPP 2017-2018 programs


April 9-13 2018 Juveniles Forensic Evaluation: Principles and Practice

CE available for April 9-13 2018 Juvenile Forensic Evaluation: Principles and Practice

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Developments in Mental Health Law


Volume 36, Issue 2, Summer 2017

This issue of DMHL presents two premier articles on gun violence: a.The Gun Violence Restraining Order: An Opportunity for Common Ground in the Gun Violence Debate and b. Doctors, Patients, and Guns: The First Amendment Rights of Doctors to Counsel Patients about Gun Safety and the Statutory Privacy Rights of Firearm Owners. Case Law Developments in federal and states courts are highlighted.

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Developments in Mental Health Law


Volume 36, Issue 1, Spring 2017

This issue of DMHL presents (a) Updates: The 2017 General Assembly Session: A New Framework, and Some New Money, for Virginia’s Public Mental Health System (b) a Data Corner: Timelines of Emergency Prescreenings Conducted at Community Services Boards (c ) outlines of significant recent cases in various federal and state courts. Please share this link to DMHL with your colleagues who may be interested.

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Developments in Mental Health Law


Volume 35, Issue 4, Winter 2016

This issue features timely updates on actions and recommendations to the 2017 Virginia General Assembly by the SJ47 Joint Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century and its Work Groups. An insightful article discusses and a Data Corner describes issues of permanent supportive housing for persons with serious mental illness. Case Law Developments in federal and states courts are highlighted. Programs in ILPPP's current calendar are announced.

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Developments in Mental Health Law


Volume 35, Issue 3, October 2016

This issue features an update article SJ 47 Joint Subcommittee Update: A Vision for Public Mental Health Services in Virginia Takes Shape. The article continues and builds from articles in past editions of DMHL. A fascinating Data Corner describes Virginia summary data from the National Mental Health Services Survey. Case Law Developments in federal and states courts are highlighted. Programs in ILPPP's current calendar are announced.

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Developments in Mental Health Law


Volume 35, Issue 2, July 2016

This issue features an update article: SJ 47 Joint Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century. DMHL's section on Case Law Developments features discussions of cases in the Fourth Circuit (on Treatment over Objection, etc.) in other Federal Circuit Courts (on the ADA Integration Mandate, etc.) and in Virginia and other State Courts. Programs in ILPPP's current calendar are announced.

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Developments in Mental Health Law


Volume 35, Issue 1, March 2016

This issue features an article regarding the Fourth Circuit's establishment of constitutional 'excessive force' standards for taser use, placing new limits on officers' use of force when responding to individuals in mental health crisis. The ILPPP Data Corner presents data regarding use of court-ordered alternatives to law enforcement for transporting people during mental health emergencies. Also find an extensive compilation of case law developments.

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Developments in Mental Health Law


Volume 34, Issue 4, December 2015

This Issue features an article, Responding to Concerned Family Members during a Mental Health Crisis, that highlights issues through a case study. ILPPP Data Corner continues thematically with data on Response Time of Public Outpatient Mental Health Providers. Also find an update on the SJ 47 Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century, summaries of decisions in some court cases, and a roster of upcoming programs offered by the Institute.

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Developments in Mental Health Law


Volume 34, Issue 3, October 2015

This Issue of DMHL presents a featured article, The Gun Violence Restraining order: An Opportunity for Common Ground in the Gun Violence Debate, and a featured update on the the SJ 47 Subcommittee to Study Mental Health Services in the Commonwealth in the 21st Century. An ILPPP Data Corner continues the Issue's discussion of firearm access. Summaries of decisions in some court cases and a roster of upcoming programs offered by the Institute are also included in this expansive issue.

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Developments in Mental Health Law


Volume 34, Issue 2, July 2015

This Issue of DMHL presents a feature article on Law Enforcement Intervention in Mental Health Crises; a commentary regarding Adjudicating Claims of Intellectual Disability in Capital Cases; a display and discussion of data on adults who were in police custody in the context of evaluation for TDO; summaries of decisions in some court cases; and a roster of upcoming programs offered by the Institute.

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Developments in Mental Health Law


Volume 34, Issue 1, April 2015

This Issue of DMHL presents a detailed summary of Mental Health Law and Services Reforms in the 2015 Virginia General Assembly, features an article on Mental Health Crises and Hospital Emergency Departments, and outlines in detail some cases in several courts including the US Supreme Court, the Fourth Circuit, and Virginia courts.

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Developments in Mental Health Law


Volume 34, Issue 1, April 2015

This Issue of DMHL (a) presents a detailed summary of Mental Health Law and Services Reforms in the 2015 Virginia General Assembly, (b) features an article on Mental Health Crises and Hospital Emergency Departments, and (c) outlines in detail some cases in several courts including the US Supreme Court, the Fourth Circuit, and Virginia courts. Do you have any feedback to the Editors?: els2e@virginia.edu Thank you.

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Developments in Mental Health Law


Volume 33, Issue 3-4, December 2014

This double-issue of DMHL features a thoroughgoing overview of systematic reassessments of mental health law and practice in Virginia following a tragic assault and death at the home of a prominent Virginia legislator in late 2013. Actions of the Virginia General Assembly, Governor, and Department of Behavioral Health and Developmental Services are included in the overview.

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Developments in Mental Health Law


Volume 33, Issue 2, May 2014

This Issue of DMHL features an informative summary - Virginia General Assembly Enacts Mental Health Reform Legislation in Response to Tragedy - and also highlights a variety of decisions pertaining to forensic mental health delivered from several state and federal courts regarding dangerousness, sexual offenders' patient privilege, immunity with juveniles' polygraph examination and other matters. Also, be sure to visit the interactive blog of DMHL at www.dmhl.typepad.com

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Developments in Mental Health Law


Volume 33, Issue 1, February 2014

This issue highlights several topics - Risk-Based Firearms Policy, Mental Health Firearms Prohibition and Reporting Requirements, "Clear and Present Danger" Mental Health Reporting Requirements - as well as Recently Decided and Pending Cases.

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Developments in Mental Health Law


Volume 32, Issue 4, November 2013

Recently decided and pending cases are discussed in this Issue of DMHL. A variety of concerns are considered including issues involving capital cases, insanity defense, public access to a competency evaluation, and medically necessary treatment.

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Developments in Mental Health Law


Volume 32, Issue 3, July 2013

The lead article in Volume 32, Issue 3 is authored by the DMHL Editor, who explores the domain of public policy regarding gun prohibitions for people with mental illness. This timely piece includes exposition of historical and legal issues under the topic. "Recently Decided Cases" informs of recent decisions in federal courts.

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Developments in Mental Health Law


Volume 32, Issue 2, April 2013

This issue features a helpful overview of "Mental Health Related Provisions of the Patient Protection and Affordable Care Act and the Potential Impact of Medicaid Expansion in Virginia." Other items of special interest are an "Update" from the 2013 Virginia General Assembly, and "Recently Decided Cases" in several state and federal courts.

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Developments in Mental Health Law


Volume 32, Issue 1, January 2013

Highlights in this issue include: Confidentiality: A Conundrum in Veterans Behavioral Health Care; and Faculty Handbook Provides Guidance in Assisting Students in Distress; and discussion of cases decided in the US Supreme Court, the Virginia Supreme Court, and other courts.

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Developments in Mental Health Law


Volume 31, Issue 6, October 2012

The Issue explores the topic of Advance Directives with three pieces: (1) Promoting Use of Advance Directives by People with Serious Mental Illness under Virginia’s Health Care Decisions Act: Implementation Study Update; (2) Survey of Stakeholder Knowledge, Experience and Opinions about Mental Health Advance Directives in Virginia Published; and (3) Advance Directives: A Tool for Reducing Coercion

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Developments in Mental Health Law


Volume 31, Issue 6, October 2012

Several featured articles in Volume 31, Issue 6 discuss Advance Directives: Promoting Use of Advance Directives by People with Serious Mental Illness under Virginia’s Health Care Decisions Act; Survey of Stakeholder Knowledge, Experience and Opinions about Mental Health Advance Directives in Virginia; and Advance Directives: A Tool for Reducing Coercion

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Developments in Mental Health Law


Volume 31, Issue 5, July 2012

Topics: Affordable Care Act Upheld As Tax - Medicaid Expansion Would Significantly Impact Behavioral Health Care; Study Presented to JCHC Finds Longer Periods of Temporary Detention Lead to Reduction in Civil Commitments; Inspector General Presents “Failed TDO,” Barriers to Discharge and Forensic Services Reports to JCHC

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Developments in Mental Health Law


Volume 31, Issue 4, May 2012

Highlight article: Virginia Wounded Warrior Program Model for Outreach and Treatment

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Developments in Mental Health Law


Volume 31, Issue 3, April 2012

Topics: Health Department Advance Directive Registry Operational; 2012 Virginia General Assembly Update ( including Mandatory Outpatient Treatment, Commitment Criteria, College Mental Health studies); Residents Move to Intervene in DOJ/Virginia Settlement Agreement Proceeding.

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Developments in Mental Health Law


Volume 31, Issue 2, February 2012

Topics: Virginia Settles DOJ CRIPA/ADA Investigation; Three Virginia Jurisdictions Establish Specialized Mental Health Dockets; Recently Decided Cases: Fourth Circuit Finds Federal Commitment of Sexually Dangerous Persons Does Not Violate Equal Protection, California Supreme Court Rules Court Has Discretion Whether to Permit Competent Defendant to Represent Self, Maine Supreme Judicial Court Finds Right to Competency in Post-Conviction Proceedings

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Developments in Mental Health Law


Volume 31, Issue 1, December 2011

Topics: College Mental Health Study Measures Student Access; CMS Administrator Answers Virginia IG on Restraint Usage; AG Issues Opinion on ECO/TDO Transports for Town Police; Recently Settled and Decided Cases: DOJ/Delaware Settle ADA Investigation; Washington Court Finds No Constitutional Mandate to Represent Self; 1st Circuit Finds No Fault in Failure to Request Competency Evaluation

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Developments in Mental Health Law


Volume 30, Issue 6, July 2011

Topics: Mental Health Law Reform Commission Legislative Proposals; Proposed Rules of Court on Invol. Commitment Proceedings; Inspect Gen Equates OAG Advice on Restraints to Abuse and Neglect; Recently Decided Cases: DOJ loses AK CRIPA/ADA case, DE Settles DOJ ADA Investigation, Prior Negative Sex Offender Determination No Bar to SVP Commitment, Counsel Failure to Seek Mental Health Exam Does Not Overturn Capital Sentence, Burden on Defendant to Prove Incompetence at Retrospective Compet. Hearing

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Developments in Mental Health Law


Volume 30, Issue 5, June 2011

Topics: Study on Reducing Mental Health Civil Commitments through Longer TDO Periods; VA College Mental Health Survey; Recently Decided Cases:US Sup Ct-CA Failure to Provide Treatmt Inmates w/SMI, 9th Circ-NGRI Acquittee Appeal Crim Proceedings, 9th Circ-Test for Mental Impairment for Fed Habeas, TN Sup Ct Expert Testimony for Capital Defendant-Cognitive Ability/IQ Scores

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Developments in Mental Health Law


Volume 30, Issue 4, May 2011

Topics:MH Law Reform Comm Final Mtg; US Sup Ct Allows VOPA Sue DBHDS; VA Gen Assem Budget Update; Recently Decided Cases:US Sup Ct Declines Rev 7th Circ Decis IN Sue-Obtain Records, US Sup Ct Upholds Death Penalty-Defend Atty Did Not Present Bipolar Mood Disorder Evid, US Sup Ct Declines Hear MO Sup Ct Find Ineffec Counsel-Failure Call MH Expert, AK Denies Insan Acquit Appeal, US Sup Ct Declines Hear Appeal 5th Circ Dismiss Suit State Endangermt-Death Police Detain Man w/MI, VT ExParte Communic

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Developments in Mental Health Law


Volume 30, Issue 3, April 2011

Topics: National Healthcare Decisions Day-April 16, 2011; Behavioral Health and Criminal Justice Transformation Update; 2011 VA General Assembly Session; Recently Decided/Pending Cases: Class Action Filed Alleging TX Violates ADA in Failing to Provide Community-based Svcs, Government Fails to Carry Burden to Forcibly Medicate Incompetent Defendant, SVP Petition Cannot Be Filed in NY When Respondent Not in Custody for Sex Offense, Hospital Not Liable for Counselor's Sexual Harrassment of Patients

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Developments in Mental Health Law


Volume 30, Issue 2, March 2011

Topics: VA Use of Mandatory Outpt Treatment(MOT) & Step-Down MOT; Draft Rules of Court-Invol Civil Commitment Proceedings; DOJ Finds VA Violates ADA/Olmstead; Recently Decided Cases: VA Sup Ct Permits SVP Rescind Refusal to Cooperate--Gen Assem Estab Procedure, Ct Authorizes Lay Testimony-Defendants Behavior Since Iraq Return to Support Insanity Defense, Civil Rights Complaint Alleging 4th Amendmt Violation-Death of Man w/Bipolar Disorder Dismissed, TN Dismisses EMTALA Complaint-Suicide Case

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Developments in Mental Health Law


Volume 30, Issue 1, March 2011

Topics: Alternative Transportation; Update on Implementation Plan for Advance Directives in VA; Advance Directive Websites; Recently Decided and Pending Cases: US v. Georgia (ADA settlement agreement), VOPA v. Stewart (State P&A suits against state officials), US v. Tennessee (Arlington Dev. Center consent decree), US v. White (application of Sell criteria), Moore v. Superior Court of Los Angeles County, CA (SVP); Frequently Asked Questions on Virginia’s Civil Commitment Process

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Developments in Mental Health Law


DMHL Blog Site at Typepad

Welcome to our DMHL Blog hosted at the professionally well regarded Blogging platform: Typepad. Please use this link to the DMHL site at Typepad: http://www.dmhl.typepad.com/ Please use the site to read online in this format and to use the interactive features of the Blog! Thank you. With questions contact els2e@virginia.edu

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