Among the avalanche of vetoes by Governor Abigail Spanerbger this week was an offer that would have given those with behavioral health issues more protections if they have run ins with law enforcement.
According to the governor, the Democratic-led effort to add new protections for those with behavioral health issues mental illness, developmental disabilities, dementia and the like- when facing charges for assaulting an officer would do more harm than good.
“This bill would effectively create a new legal standard applicable to just one criminal charge for a specific group of people, risking increased confusion and inconsistencies in the Commonwealth’s legal system,” Spanberger said in her veto statement released earlier this week. "I appreciate the challenge this bill is trying to address and recognize the difficult situations that individuals with mental illnesses, neurocognitive disorders, and intellectual or developmental disabilities — and their families — face in our justice system."
The governor had allies in the veto, including the Virginia Association of Commonwealth’s Attorneys, whose members prosecute these cases. Nathan Green, the CA for James City County, told a Senate Justice committee the bill could create process issues.
"We just get notice they are going to use a mental health defense but no evidence of a report, who the expert is, " Green said during the session.
But Rob Poggenklass with Justice Forward said the effort was narrowly tailored and would have provided an alternative to existing law which carries a mandatory minimum of six months in jail.
“These are cases that involve very little contact with the officer, if any at all," Poggenklass said. "We’re talking about the most vulnerable populations of people.”
And developmental disabilities advocate Tony Milling with the Arc of Virginia said the effort was the product of years of work and even got bipartisan support when it went through the Senate chamber.
“We can support law enforcement and still recognize that disability-related crises require a different response,” Milling told Radio IQ.
But she said the Arc is willing to work with the Governor to get the effort to a place where she can support it in 2027.
Fairfax Senator Jennifer Boysko carried the effort in her chamber. She too told Radio IQ she was looking forward to working with the governor to get the bill over the finish line next year, but she was worried about those impacted before then.
“We cannot put Virginia’s most vulnerable at risk of jail time or a felony, the impacts that could have on their lives are too great,” she said, noting such infractions can impact a defendant's ability to get public benefits in the future. “Defendants could throw water on them, toss an onion ring -something that actually happened- and still face serious state charges,” she added. “This legislation would give a judge discretion to make those decisions from the bench.”
