WARNER SIGNS METHADONE CLINIC BILL

The New Law Restricts The Locations Of Future Methadone Clinics In Much Of
The State.

RICHMOND - Gov. Mark Warner signed legislation Thursday that will
prohibit methadone clinics from operating within a half-mile of
schools and state-licensed child care centers throughout most of Virginia.

The governor also signaled his support for legislation abolishing the
state's 21-day time limit for convicted felons to introduce newly
discovered evidence. But Warner amended the bill to remove a provision
that would limit defendants to just one chance to make a case for innocence.

Warner announced action on several high-profile bills in advance of a
midnight deadline for signing, amending or vetoing bills passed during
the General Assembly session that ended March 16. Lawmakers will act
on the governor's amendments and vetoes Wednesday.

Warner said the legislation (SB 607/HB 745) restricting locations of
future methadone clinics "represents a common-sense solution to a
difficult issue."

The new law also requires state officials to notify local governments
and community service boards of plans for methadone clinics within 15
days of receiving applications from prospective clinic operators.

The law will not affect clinics or facilities that obtained an
occupancy permit before Jan. 1. Although community opposition to
methadone clinics was the impetus for the legislation, the bills
Warner signed could have the unintended consequence of finalizing
plans for a clinic in Northwest Roanoke.

CRC Health Group, the California-based company that plans to open a
clinic at 3208 Hershberger Road, has told opponents it would be
willing to consider other locations.

However, a new site would have to be more than a half-mile from any
school or state-licensed day care center. The restriction makes a
large part of the city off-limits to a clinic, according to a
computer-based map created earlier this year for The Roanoke Times.

"It's been a struggle to find anything," said Joe Pritchard, vice
president of operations for CRC's eastern region.

Pritchard said there has been no decision to abandon the Hershberger
Road site. An opening date is anywhere from six to 12 weeks away, he
said. The company is still working to obtain a state license to
administer daily doses of methadone on an outpatient basis to opioid
addicts.

The Department of Mental Health, Mental Retardation and Substance
Abuse Services has yet to schedule an inspection of the Hershberger
Road building, which it must do before a license is granted. CRC must
also receive approval from the state Board of Pharmacy and the federal
Drug Enforcement Administration.

The location restrictions will not apply to Northern Virginia, to
state-run facilities, or to clinics that operate in hospital settings.
But by creating a half-mile "safe zone" around schools and child care
centers, the law will effectively ban private free-standing clinics in
most other densely populated areas.

The American Civil Liberties Union urged Warner to veto the bills,
arguing that it discriminates against drug addicts entitled to
treatment under the Americans With Disabilities Act.

But Virginia ACLU director Kent Willis said the organization could
file a lawsuit only if a prospective clinic operator is denied a
license because of the legislation.

Sen. William Wampler, R-Bristol, sponsored the Senate version of the
bill. Del. Onzlee Ware, D-Roanoke, sponsored the House version, which
originally contained only the notice provision. The Senate amended
Ware's bill to add the location restrictions.

Warner hailed the passage of legislation (SB 333) abolishing the
state's 21-day rule, calling it "an extraordinary and long-overdue
step forward."

The bill would abolish the time limit for convicted felons to
introduce evidence that was unknown or unattainable at trial, unless
the defendant pleaded guilty or entered a so-called Alford plea.

But Warner struck a provision that would limit a defendant to just one
post-conviction petition to introduce new evidence.

"It makes no sense to eliminate one arbitrary deadline on justice - a
21-day limit - and impose yet another - a limit of one petition per
conviction," Warner said in a written statement explaining his
decision to send the bill back to the legislature.

The House of Delegates inserted the provision into the bill and could
reject Warner's amendment by a simple majority vote next week.

Other bills signed by the governor Thursday include a measure (SB 651)
that leaves current electric utility rate caps in place through 2010.
Warner said the bill is designed to protect consumers as competition
among electric suppliers increases.

Warner also signed legislation (HB 1357) that exempts the General
Assembly's partisan caucuses from the state's open-meetings law. Del.
Morgan Griffith, R-Salem, sponsored the bill.

Griffith had sought to exempt the entire General Assembly from the
Freedom of Information Act and let the Joint Rules Committee determine
how much access the public would have to legislative meetings. The
Senate amended the bill to specifically exempt partisan caucus
meetings, which had been the focus of a controversy that prompted
Griffith's bill.

All legislative floor sessions, committees and subcommittees will
remain subject to open-meetings laws, Warner noted.

"This bill strikes a reasonable compromise on an issue that I consider
largely a legislative prerogative," Warner said.