Virginia House Bill HB794

Virginia 2022 Regular Session

• Introduced: 1/11/22
• Refer: 1/11/22

Caption

Criminal proceedings; evidence of defendant's mental condition.

Impact

The proposed amendments aim to streamline the process for issuing emergency custody orders by allowing for alternative transportation methods aside from traditional law enforcement. This change intends to enhance the experience for individuals facing mental health crises by providing more compassionate and efficient transportation options to evaluation facilities. It also reinforces a community-focused approach by designating community services boards to oversee and conduct evaluations, which should ideally lead to better outcomes for individuals in crisis.

Summary

House Bill 794 focuses on amendments to Virginia's existing laws regarding emergency custody orders for individuals with mental health issues. The bill stipulates that a magistrate can issue an emergency custody order based on probable cause to believe that a person has a mental illness and poses a danger to themselves or others. This is usually accompanied by the need for hospitalization if the person is unwilling or unable to volunteer for treatment. The bill emphasizes the importance of having a qualified professional conduct evaluations to determine the need for detention and treatment, further reinforcing the criteria for issuing such orders.

Contention

Despite its intended compassion, HB 794 may face contention regarding the appropriateness of law enforcement's involvement in mental health situations and the potential stigmatisation of those experiencing mental health crises. Advocates for mental health reform might argue that the bill does not sufficiently address the underlying issues of mental health treatment access and community support. Some also express concern about the balance between public safety and individual rights, particularly regarding the potential for abuse of emergency custody orders if proper safeguards are not embedded in the bill.