Chapter 290 of the 2024 Virginia Acts of Assembly directed the Department of Behavioral Health and Developmental Services (DBHDS) to develop and implement a pilot program at one state hospital. The purpose was to test whether hospital directors could, under limited circumstances, discharge individuals who were clinically ready for discharge despite objection or lack of engagement from the local community services board (CSB).

The General Assembly’s intent was to address a barrier to state hospital discharge in Virginia: lack of CSB engagement in timely discharge planning. Under current law, CSBs are the designated discharge planning entity for state hospitals. This role gives CSBs significant authority in the process, but it also creates risk that individuals remain hospitalized longer than necessary when CSBs delay, object, or fail to meaningfully engage in discharge planning.