Virginia's laws dealing with the care and treatment, and detention and release, of persons of unsound mind have evolved gradually over a period of many decades. They have been modernized and brought more in line with present day psychiatric thought in some respects but the statutes still abound in antiquated nomenclature-such as the use of the terms "dotard" and "opium eater" and because of the piecemeal way in which they have been adopted, they contain overlapping and sometimes contradictory provisions. These have led to a lack of uniformity in operation and, some difficulties in administration. For this reason, the General Assembly directed that a review be made of the provisions of Title 37 of the Code and of cognate statutes and to this end adopted, at its 1962 Session, Senate Joint Resolution No. 7.

Pursuant to the Resolution, the President of the Senate appointed the following members of that body to the Commission: John H. Temple of Petersburg and Edward E. Willey of Richmond. The Speaker of the House of Delegates appointed the following members of the House: Matt G. Anderson of Oilville, Earle M. Brown of Lynchburg and Robert R. Gwathmey, III, of Hanover County. The following members were appointed by the Governor: W. K. Barnett, Director of Elementary and Special Education, State Department of Education, Richmond; Emory L. Carlton, Commonwealth's Attorney, Essex County, Tappahannock; Hiram W. Davis, Commissioner, Department of Mental Hygiene and Hospitals, Richmond; W. Clyde Dennis, Attorney at Law, Grundy; Richard W. Garnett, Jr., Charlottesville, representing the Neuropsychiatric Society of Virginia; S. P. Hair, Chief, Bureau of Child Care, Department of Welfare and Institutions; William T. Muse, Dean, T. C. Williams School of Law, University of Richmond; Hugh Reid, Judge, Juvenile and Domestic Relations Court, Arlington; John R. Saunders, Richmond, representing the Medical Society of Virginia; and Mack I. Shanholtz, State Health Commissioner.

The Committee organized by electing Senator Willey as Chairman and Dean Muse as Vice-Chairman. John B. Boatwright, Jr. and G. M. Lapsley were appointed Secretary and Recording Secretary, respectively, to the Commission.

The Commission gave intensive study to the provisions of Title 37 of the Code of Virginia and to "other statutes bearing upon problems affecting persons suffering from mental disorders and the rights of persons admitted or· committed to institutions for the care and treatment of the mentally ill and the mentally deficient. It received suggestions from doctors, lawyers, and judges who have first hand familiarity with the subject. It had the benefit of a study which had been conducted by members of the staff of the Department of Mental Hygiene and Hospitals.  After consideration of this material, it formulated tentative conclusions and recommendations and publicized these, after which a public hearing was held at which citizens of the State were given the opportunity to express their views. The Commission desires to express its appreciation to all those who assisted it by furnishing constructive criticism and helpful recommendations.

The Commission has now completed its deliberations and submits the following Report.