Authority: Title 37.1, Chapter 1, Articles 1, 2, and 10, Code of Virginia.

A. The Commissioner of the Department of Mental Health, Mental Retardation and Substance Abuse Services shall, at the beginning of each fiscal year, establish the current capacity for each facility within the system. When a facility becomes full, the Commissioner or his designee shall give notice of the fact to all sheriffs.

B. The Commissioner of Mental Health, Mental Retardation and Substance Abuse Services shall work in conjunction with community services boards to develop and implement a graduated plan for the discharge of eligible facility clients to the greatest extent possible, utilizing savings generated from statewide gains in system efficiencies.

C. Out of this appropriation shall be provided $671,558 the first year and $2,348,370 the second year from the general fund for implementation of the Sexually Violent Predators Treatment Program. Notwithstanding the provisions of § 37.1-70.10, Code of Virginia, the Department may contract with private or local entities to house and provide treatment to persons involuntarily committed under the provisions of §§ 37.1-70.1 through 37.1-70.19.

D. Notwithstanding § 4-5.12 of this act and Paragraph C of § 2.1-512, Code of Virginia, the Department of Mental Health, Mental Retardation and Substance Abuse Services is hereby authorized to deposit the entire proceeds of the sales of surplus land at state-owned mental health and mental retardation facilities into a revolving trust fund. The trust fund may initially be used for expenses associated with restructuring such facilities. Remaining proceeds after such expenses shall be dedicated to continuing services for current patients as facility services are restructured. The trust fund will receive any savings resulting from facility restructuring. Thereafter, the fund will be used to enhance services to individuals with mental illness, mental retardation and substance abuse problems.

E. Out of this appropriation shall be provided $250,000 the first year and $250,000 the second year from the general fund for the Consumer Support and Family Involvement Pilot Project.

F. Out of this appropriation, $2,570,847 the first year and $2,570,847 the second year shall be provided from the general fund for a public-private partnership pilot to secure short-term inpatient psychiatric services through competitive contracts with community-based hospitals or other private health care providers, for purposes of serving individuals closer to their homes. Pursuant to individual agreements with the Department, community services boards will reduce their utilization at a selected state facility or facilities for short-term (30 days or less) acute hospitalization by a specified number of beds, and will contract by competitive bidding with community-based hospitals for short-term psychiatric inpatient services. Any savings resulting from the reduced utilization of short-term acute facility beds will be made available under agreement with the Department, to permit the community services boards to contract for additional short-term psychiatric inpatient services. Specific bed utilization targets and competitive contract performance expectations will be included in the performance contracts of these community services boards.

G. Out of this appropriation, $500,000 the first year and $500,000 the second year shall be provided from the general fund for a program to maximize recruitment and retention of graduate medical students in psychiatry to serve in underserved areas.

H. Out of this appropriation, $130,986 the first year and $130,986 the second year shall be provided from the general fund to establish 2.0 positions to enforce compliance by each state mental health and mental retardation facility with the provisions and requirements outlined in the facility directors’ performance agreements with the Department. In addition to providing increased oversight of these performance agreements, these positions will monitor implementation of all settlement agreements with the United States Department of Justice.

I. The agency shall transfer $171,523 the first year and $178,508 the second year from nongeneral funds to the Secretary of Health and Human Resources to support the activities of the Office of Inspector General.