SEARCH SITE

VIRGINIA LAW PORTAL

SEARCHABLE DATABASES

ACROSS SESSIONS

Developed and maintained by the Division of Legislative Automated Systems.

2014 SESSION

  • | print version

SB 260 Emergency custody & temporary detention; web-based psychiatric bed registry, period of custody.

Introduced by: R. Creigh Deeds | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Emergency custody and temporary detention; duration; facility of temporary detention; acute psychiatric bed registry. Extends the time that a person may be held pursuant to an emergency custody order from four hours with a possible two-hour extension to eight hours. The bill also provides that a representative of the law-enforcement agency that takes the person into emergency custody or executes an emergency custody order must notify the local community services board as soon as practicable after the person is taken into custody or the order is executed. The bill provides further that an individual for whom a temporary detention order is issued shall be detained in a state facility unless the state facility or an employee or designee of the community services board is able to identify an alternative facility that is able and willing to provide temporary detention. Under no circumstances shall a state facility fail or refuse to admit an individual who meets the criteria for temporary detention unless an alternative facility has agreed to accept the individual. The state facility and the local community services board may continue to look for an alternative facility for an additional four hours. The provisions of this bill allowing for this additional four-hour period expire on June 30, 2018. The bill also requires that a person who is the subject of an emergency custody order or temporary detention order be given a written summary of the procedures and statutory protections associated with such custody or detention. The bill also directs the Department of Behavioral Health and Developmental Services to establish an acute psychiatric bed registry that will provide real-time information on the availability of beds in public and private psychiatric facilities and residential crisis stabilization units for individuals who meet the criteria for temporary detention. The provisions of the bill establishing such registry are subject to an emergency clause. The Department of Behavioral Health and Developmental Services shall submit an annual report to the Governor and the Chairmen of the House Appropriations and Senate Finance Committees on the implementation of the provisions of the bill. Finally, the bill directs the Governor's Mental Health Task Force to study issues associated with law enforcement's involvement in the admission process and make recommendations designed to reduce the burden on law-enforcement resources. This bill incorporates SB 200, SB 263, SB 370, and SB 458.

SUMMARY AS PASSED SENATE:

Emergency custody and involuntary temporary detention.  Directs the Department of Behavioral Health and Developmental Services to establish an acute psychiatric bed registry that will provide real-time information on the availability of beds in public and private psychiatric facilities and residential crisis stabilization units for individuals who meet the criteria for temporary detention.
The bill extends the time that a person may be held pursuant to an emergency custody order to 24 hours. Currently, a person may be held for up to four hours, with an additional two-hour extension available upon a finding by a magistrate that good cause exists for an extension.
The bill provides that an individual for whom a temporary detention order is issued will be detained in a public or private facility identified by an employee or designee of the community services board, provided such facility is able to provide temporary detention and appropriate care for the individual.
The bill requires that in each case in which an employee or designee of the local community services board is required to make an evaluation of a person who is subject to an emergency custody order, the employee or designee will notify the Department if an appropriate facility of temporary detention has not been identified within four hours of the issuance of the emergency custody order. The bill requires the Department, following such notification, to assist the local community services board in identifying an appropriate facility of temporary detention, and in cases in which a facility of temporary detention has not been identified by either the Department or the employee or designee of the local community services board within eight hours of issuance of an emergency custody order, the Department is required to identify a facility operated by the Department to accept the person for temporary detention.
Finally, the bill directs the Governor's Mental Health Task Force to study issues associated with law enforcement's involvement in the admission process and make recommendations designed to reduce the burden on law enforcement resources. This bill incorporates SB 200, SB 263, SB 370, and SB 458.

SUMMARY AS INTRODUCED:

Emergency custody; time limit. Extends the time that a person may be held pursuant to an emergency custody order to 24 hours. Currently, a person may be held for up to four hours, with an additional two-hour extension available upon a finding by a magistrate that good cause exists for an extension.