Virginia House Bill HB1147

Virginia 2022 Regular Session

• Introduced: 1/13/22
• Refer: 1/13/22
• Report Pass: 1/28/22
• Refer: 1/28/22
• Report Pass: 2/2/22
• Refer: 2/8/22

Caption

Temporary detention; alternative custody.

Impact

The implementation of this bill is expected to have significant effects on how state laws address mental health crises. It clarifies the responsibilities of local community services boards and ensures that there are protocols for transferring custody of individuals in need of temporary detention to appropriate facilities. Specifically, it mandates that no individual in need of such care should be held in jails or similar environments, reinforcing the distinction between criminal detention and mental health treatment.

Summary

House Bill 1147 addresses the process surrounding temporary detention of individuals with mental health issues. It details the conditions under which a temporary detention order can be issued by a magistrate and emphasizes the need for evaluations by designated personnel trained in mental health assessments. A key aspect of the bill is to ensure that individuals who are mentally ill, and who pose a risk of serious harm to themselves or others, can be detained for necessary evaluations and treatments.

Contention

There are points of contention surrounding the bill, especially regarding its implications for civil liberties and the rights of individuals with mental health conditions. Concerns have been raised about the potential for misuse of power in issuing temporary detention orders and the adequacy of safeguards to protect against wrongful commitment. Additionally, the bill has sparked discussions on the adequacy of available facilities and resources to handle the influx of individuals requiring temporary detention and treatment.