Virginia Senate Bill SB713

Virginia 2023 Regular Session

• Introduced: 1/21/22
• Refer: 1/21/22

Caption

Emergency custody order; duration.

Impact

The changes introduced by SB713 aim to create a more structured approach to handling emergency custody situations, reflecting a recognition of the complexities involved in addressing mental health crises. By setting forth clear guidelines for law enforcement and establishing a framework for evaluations by designated professionals, the bill seeks to improve outcomes for individuals in crisis. However, this bill's reliance on law enforcement to initiate custody procedures may present challenges, especially concerning the training and resources available to handle mental health issues competently.

Summary

SB713 proposes amendments to §37.2-808 of the Code of Virginia, focusing on emergency custody procedures relating to individuals with mental health issues. It allows magistrates or courts to issue emergency custody orders when there is probable cause that an individual has a mental illness and poses a risk to themselves or others, or is in need of hospitalization but unwilling to seek treatment. The bill emphasizes the role of law enforcement in executing these orders and establishes protocols for transportation to ensure that individuals are securely evaluated for further mental health treatment.

Contention

While SB713 has garnered support for its structured approach, there are concerns regarding the potential for overreach and the adequacy of support for individuals taken into custody. Critics argue that involving law enforcement in mental health crises could lead to unnecessary confrontations or exacerbate the individual's mental state. Additionally, the bill's provision requiring individuals to be evaluated quickly may place pressure on both law enforcement and mental health professionals, raising concerns about the thoroughness of evaluations under such time constraints. The balance between ensuring safety and respecting individuals' rights remains a significant discussion point among lawmakers and advocacy groups.