Virginia 2023 Regular Session

Virginia Senate Bill SB1299

Introduced
1/10/23  
Refer
1/10/23  
Report Pass
2/3/23  
Engrossed
2/6/23  
Refer
2/7/23  
Report Pass
2/13/23  
Engrossed
2/16/23  
Engrossed
2/24/23  
Engrossed
2/24/23  
Enrolled
3/7/23  
Chaptered
3/22/23  

Caption

Involuntary admission; release of individual.

Impact

The bill significantly impacts Virginia's mental health laws by formalizing the process for involuntary temporary detention. It allows magistrates to issue temporary detention orders based on assessments from qualified professionals to prevent situations where individuals may harm themselves or others due to mental illness. Additionally, it establishes procedures for the transfer and custody of individuals detained under these orders, thereby enhancing the legal protections and oversight related to mental health interventions. In doing so, SB1299 aims to balance the need for public safety with the protection of individual rights.

Summary

SB1299 addresses the procedures related to involuntary admission and release within the context of mental health services in Virginia. The bill amends existing statutes to clarify and standardize the process for issuing temporary detention orders by magistrates. This includes defining the roles and criteria for local community services boards and specifying the evaluation processes and documentation required for temporary detention of individuals deemed to have mental health issues that pose a risk to themselves or others. The legislation aims to ensure that individuals receive timely assessment and appropriate mental health treatment, while also delineating the legal framework for their temporary detention.

Sentiment

The sentiment around SB1299 appears largely positive among mental health professionals and advocates, as it seeks to improve the assessment of individuals in crisis and facilitate timely treatment. However, there may be concerns regarding the implications of involuntary detention and the balance between mental health treatment and individual freedoms. Legislators and community advocates have likely debated the sufficiency of safeguards within the bill to protect the rights of individuals undergoing such involuntary processes. Overall, the legislation seems to generate a conversation about improving mental health care delivery while ensuring adequate legal procedures are in place.

Contention

Notable points of contention surrounding SB1299 include the criteria for issuing temporary detention orders and the potential for misuse of such powers by magistrates and healthcare professionals. Concerns have been raised about ensuring that detainment is strictly necessary and that individuals' rights are respected during the process. Critics may argue for stronger safeguards within the legislative language to prevent overreach or unjust confinement. The discussions within legislative committees suggest a need for consensus on how to best serve individuals facing mental health challenges while maintaining legal protections.

Companion Bills

VA HB1976

Same As Involuntary admission; release of individual.

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