Virginia Senate Bill SB176

Virginia 2022 Regular Session

• Introduced: 1/10/22
• Refer: 1/10/22

Caption

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

Impact

The bill amends several sections of the Virginia Code, particularly those governing emergency custody orders and the associated transportation of individuals for mental health evaluations. By providing clear guidelines, SB176 aims to ensure that individuals in crisis receive timely and appropriate care while safeguarding their rights. The provisions also allow for alternative transportation methods to ensure that individuals can be transported safely to evaluation facilities.

Summary

SB176 addresses the procedures related to emergency custody and temporary detention for individuals identified as having mental health issues. The bill outlines how magistrates can issue emergency custody orders based on suspected mental illness, allowing for the detention of a person who poses a danger to themselves or others. It establishes criteria under which individuals may be taken into custody, the process for their evaluation, and the responsibilities of law enforcement and community service boards in this context.

Contention

However, the legislation has sparked discussion regarding its implications for both the rights of individuals undergoing emergency custody and the responsibilities of law enforcement. Concerns have been raised about potential overreach where law enforcement might be involved in health-related decisions, potentially leading to civil rights violations if not properly monitored. Additionally, the bill's execution hinges significantly on the efficiency of communication between various agencies involved, raising questions about accountability and resource allocation.