Virginia Senate Bill SB713

Virginia 2022 Regular Session

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

Caption

Emergency custody order; duration.

Impact

The bill amends existing laws to refine how emergency custody is enacted, thereby impacting statutes related to mental health treatment, law enforcement practices, and community service responsibilities. By ensuring a structured approach to handling emergency custody situations, SB713 seeks to improve the timely provision of mental health care and minimize the time individuals spend in custody without treatment. This change also aligns with broader mental health reform efforts aimed at ensuring proper care for individuals in crisis.

Summary

Senate Bill 713 addresses the procedures for emergency custody orders for individuals believed to be experiencing mental health crises. It articulates the conditions under which an emergency custody order can be issued, allowing law enforcement to take individuals into custody when there is probable cause to believe they may harm themselves or others due to a mental illness. Specifically, it emphasizes the need for timely evaluation and treatment, mandating that individuals are assessed to determine their eligibility for hospitalization or further treatment.

Contention

Despite its positive intent, SB713 presents potential areas of contention, particularly among stakeholders concerned about the rights of individuals in custody. Critics could argue that the processes outlined do not sufficiently protect the rights of those subjected to emergency custody orders, especially regarding the potential for prolonged detention without adequate treatment. There may also be concerns regarding the adequacy of resources available to community services boards for effective implementation of these evaluations and treatments.

Notable_points

Notable provisions include the requirement for police officers to act swiftly and judiciously in executing emergency custody orders, as well as the stipulation for the potential use of alternative transportation providers for individuals who need to be transported for evaluation. Additionally, the bill emphasizes the collaboration between law enforcement and community services, which is essential for effective mental health intervention and care.