Virginia House Bill HB135

Virginia 2022 Regular Session

• Introduced: 1/7/22
• Refer: 1/7/22
• Report Pass: 1/28/22
• Refer: 1/28/22

Caption

Emergency custody and temporary detention; transportation of person when transfer of custody.

Impact

The bill is designed to ensure that individuals suspected of having mental health issues are dealt with in a manner that prioritizes both their safety and the safety of the public. By establishing guidelines for law enforcement and mental health officials, it aims to streamline the process of evaluation and treatment, potentially reducing the time individuals spend in emergency custody. Additionally, community services boards are empowered to provide evaluations, thereby broadening the scope of mental health care beyond just law enforcement's intervention.

Summary

House Bill 135 addresses emergency custody and temporary detention procedures for individuals experiencing mental health crises in Virginia. The bill amends sections of the Code of Virginia, specifically §37.2-808 and §37.2-810, to clarify the protocols and responsibilities of magistrates, law enforcement agencies, and healthcare providers during such situations. It outlines the conditions under which emergency custody orders can be issued and the criteria for taking individuals into custody for evaluation and potential treatment.

Contention

One notable point of contention surrounding HB135 is the balance between civil liberties and the need for timely intervention in mental health crises. Critics of emergency custody procedures often raise concerns about the potential for misuse or overreach, particularly regarding the involuntary commitment of individuals. Supporters argue that the bill's structured framework provides necessary protections and facilitates crucial interventions for individuals who may not seek help voluntarily.