Virginia 2022 Regular Session

Virginia Senate Bill SB119

Introduced
1/7/22  
Refer
1/7/22  
Report Pass
1/27/22  
Engrossed
1/31/22  
Engrossed
2/1/22  
Refer
2/21/22  
Report Pass
3/2/22  
Engrossed
3/7/22  
Engrossed
3/8/22  
Enrolled
3/10/22  
Chaptered
4/11/22  

Caption

Involuntary temporary detention; disclosure of health records.

Impact

The implementation of SB119 is expected to significantly impact state laws governing mental health and involuntary detention procedures. By codifying more detailed evaluation requirements and the responsibilities of community services boards, the bill seeks to enhance accountability in the detention process. Additionally, it mandates the use of medical records in decision-making, which may improve the overall quality of care for individuals in crisis and ensure that their rights are respected throughout the detention process.

Summary

SB119 addresses the procedures surrounding involuntary temporary detention of individuals who have been assessed to potentially cause harm to themselves or others due to mental illness. The bill amends existing laws to clarify the criteria and processes that must be followed by magistrates when issuing temporary detention orders. It aims to ensure that detention is utilized appropriately and that individuals receive the necessary assessments and treatment without unnecessary delays.

Sentiment

Overall sentiment regarding SB119 appears to be largely positive among mental health advocates and professionals, who view it as a necessary step towards improving the treatment of individuals facing mental health crises. However, there are concerns about how effectively the bill's provisions will be executed in practice, especially regarding the timely provision of necessary services. Critics highlight that while the framework is solid, inadequate resources and support could hinder the bill's effectiveness in real-world scenarios.

Contention

Notably, there are points of contention surrounding the bill, particularly related to the balance of individual rights versus public safety. While the bill emphasizes the need for proper evaluation and care for those detained, concerns exist related to potential misuse of the temporary detention process. Opponents worry that the bill might inadvertently facilitate the detention of individuals without sufficient justification if not monitored carefully, raising ethical and legal implications for personal freedom within the context of mental health assessments.

Companion Bills

VA HB684

Same As Involuntary temporary detention; disclosure of health records.

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