Virginia 2022 Regular Session Status: In Committee

SB 682 — Temporary detention; alternative custody.

Last action — Incorporated by Finance and Appropriations (SB268-Favola) (16-Y 0-N)

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  1. ✓
    Introduced
  2. 2
    In Committee
  3. 3
    Passed Senate
  4. 4
    Passed House of Delegates
  5. 5
    To Executive
  6. 6
    Enacted

This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.

This bill is no longer active — its legislative session has ended, so there is no live prognosis. It would have to be reintroduced in the current session to move again.

Summary

Temporary detention; alternative custody. Provides that if the facility indicated on a temporary detention order is a state facility, no bed for the person detained or in custody pursuant to the temporary detention order is immediately available at such state facility, and an employee or designee of such state facility is available to take custody of such person, such employee or designee of the state facility may assume custody of such person wherever such person is located and maintain custody of such person and transport such person to such state facility or to an alternative facility of temporary detention. The bill also provides that a person who is an inmate who is subject to an order authorizing treatment shall remain in law-enforcement custody at all times prior to admission to the facility designated for treatment of the person pursuant to such order. This bill was incorporated into SB 268.

Bill Text

What changed in the latest version

172 added · 188 removed

Plain-language change summary

The recent amendment to bill SB 682 clarifies the qualifications for examiners who evaluate individuals for involuntary temporary detention due to mental health issues. It emphasizes that these examiners must be independent, meaning they shouldn't have any financial ties to the person being evaluated or the facility involved. This change is important because it helps ensure that evaluations are objective and focused on the well-being of the individual, rather than influenced by external interests.

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SESSION INTRODUCED 22103613D I SENATE BILL NO.
SESSION SENATE SUBSTITUTE 22105860D SENATE BILL NO.
682 Offered January 20, 2022 N A BILL to amend and reenact §§ 37.2-809 and 37.2-809.1 of the Code of Virginia, relating to temTorary detention;
682 AMENDMENT IN THE NATURE OF A SUBSTITUTE (Proposed by the Senate Committee on Education and Health on February 3, 2022) (Patron Prior to Substitute––Senator Deeds) A BILL to amend and reenact §§ 37.2-809 and 37.2-809.1 of the Code of Virginia, relating to temporary Be it enacted by the General Assembly of Virginia:
alternative custody.
1.
–––––––––– R Patron––Deeds –––––––––– O Referred to Committee on Education and Health D –––––––––– Be it enacted by the General Assembly of Virginia:
That §§ 37.2-809 and 37.2-809.1 of the Code of Virginia are amended and reenacted as follows:
U 1.
§ 37.2-809.
That §§ 37.2-809 and 37.2-809.1 of the Code of Virginia are amended and reenacted as followsC § 37.2-809.
"Designee of the local community services board" means an examiner designated by the local E community services board who (i) is skilled in the assessment and treatment of mental illness, (ii) has completed a certification program approved by the Department, (iii) is able to provide an independent examination of the person, (iv) is not related by blood or marriage to the person being evaluated, (v) has no financial interest in the admission or treatment of the person being evaluated, (vi) has no investment interest in the facility detaining or admitting the person under this article, and (vii) except for employees of state hospitals and of the U.S.
A.
For the purposes of this section:
"Designee of the local community services board" means an examiner designated by the local completed a certification program approved by the Department, (iii) is able to provide an independentas examination of the person, (iv) is not related by blood or marriage to the person being evaluated, (v) has no financial interest in the admission or treatment of the person being evaluated, (vi) has no investment interest in the facility detaining or admitting the person under this article, and (vii) except for employees of state hospitals and of the U.S.
"Employee" means an employee of the local community services board who is skilled in the Department.and treatment of mental illness and has completed a certification program approved by the "Investment interest" means the ownership or holding of an equity or debt security, including shares of stock in a corporation, interests or units of a partnership, bonds, debentures, notes, or other equity or debt instruments.
"Employee" means an employee of the local community services board who is skilled in the Department.and treatment of mental illness and has completed a certification program approved bA the "Investment interest" means the ownership or holding of an equity or debt security, includinT shares of stock in a corporation, interests or units of a partnership, bonds, debentures, notes, or other equity or debt instruments.
2 B.
E B.
A magistrate shall issue, upon the sworn petition of any responsible person, treating physician, or upon his own motion and only after an evaluation conducted in-person or by means of a two-way electronic video and audio communication system as authorized in § 37.2-804.1 by an employee or a designee of the local community services board to determine whether the person meets the criteria for including any recommendation from a physician, clinical psychologist, or clinical social worker treating the person, that the person (i) has a mental illness and that there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant :
A magistrate shall issue, upon the sworn petition of any responsible person, treating physician, or upon his own motion and only after an evaluation conducted in-person or by means of a two-way designee of the local community services board to determine whether the person meets the criteria for temporary detention, a temporary detention order if it appears from all evidence readily available, including any recommendation from a physician, clinical psychologist, or clinical social workerUtreating the person, that the person (i) has a mental illness and that there exists a substantial likeliBood that, as a result of mental illness, the person will, in the near future, (a) cause serious physical harm to himself or information, if any, or (b) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs;
35 information, if any, or (b) suffer serious harm due to his lack of capacity to protect himself from harm 36 or to provide for his basic human needs;
and (iii) is 37 unwilling to volunteer or incapable of volunteering for hospitalization or treatment.
and (iii) is 36 unwilling to volunteer or incapable of volunteering for hospitalization or treatment.
The magistrate shall 38 also consider, if available, (a) information provided by the person who initiated emergency custody and in writing prior to rendering a decision.
The magistrate shall 37 also consider, if available, (a) information provided by the person who initiated emergency custody and 38 (b) the recommendations of any treating or examining physician licensed in Virginia either verbTlly or 39 in writing prior to rendering a decision.
Any temporary detention order entered pursuant to this section shall provide for the disclosure of medical records pursuant to § 37.2-804.2.
Any temporary detention order entered pursuant to thiU section preclude any other disclosures as required or permitted by law.
This subsection shall not preclude any other disclosures as required or permitted by law.
§ 37.2-804.2.
C.
This subsection shall not C.
When considering whether there is probable cause to issue a temporary detention order, the magistrate may, in addition to the petition, consider (i) the recommendations of any treating or examining physician, psychologist, or clinical social worker licensed in Virginia, if available, (ii) any past actions of the person, (iii) any past mental health treatment of the person, (iv) any relevant hearsay evidence, (v) any medical records available, (vi) any affidavits submitted, if the witness is unavailable relevant to the determination of whether probable cause exists to issue a temporary detention order.siders D.
When considering whether there is probable cause to issue a temporary detention order, the magistrate may, in addition to the petition, consider (i) the recommendations of any treating oE examining physician, psychologist, or clinical social worker licensed in Virginia, if available, (ii) any past actions of the person, (iii) any past mental health treatment of the person, (iv) any relevant hearsay and it so states in the affidavit, and (vii) any other information available that the magistrate considers relevant to the determination of whether probable cause exists to issue a temporary detention order.
D.
A magistrate may issue a temporary detention order without a prior evaluation pursuant to subsection B if (i) the person has been personally examined within the previous 72 hours by an employee or a designee of the local community services board or (ii) there is a significant physical, psychological, or medical risk to the person or to others associated with conducting such evaluation.
A magistrate may issue a temporary detention order without a prior evaluation pursuant to subsection B if (i) the person has been personally examined within the previous 72 hours by an S employee or a designee of the local community services board or (ii) there is a significant phy6ical, psyE.
E.
An employee or a designee of the local community services board shall determine the facility of temporary detention in accordance with the provisions of § 37.2-809.1 for all individuals persons detained pursuant to this section.
An employee or a designee of the local community services board shall determine the facility of temporary detention in accordance with the provisions of § 37.2-809.1 for all individuals persons change the facility of temporary detention and may designate an alternative facility for temporaryay SB682 2 of 4 detention at any point during the period of temporary detention if it is determined that the alternative facility is a more appropriate facility for temporary detention of the individual person given the specific security, medical, or behavioral health needs of the person.
An employee or designee of the local community services board may change the facility of temporary detention and may designate an alternative facility for temporary detention at any point during the period of temporary detention if it is determined that the alternative facility is a more appropriate facility for temporary detention of the individual person given the specific SB682S1 2 of 4 security, medical, or behavioral health needs of the person.
If the facility indicated on the temporary detention order pursuant to subsection E is a state facility, no bed for the person is immediately available at such state facility, and an employee or designee of such state facility is available to take custody, such employee or designee of the state facility may assume custody of the person wherever the person is located.
If the facility indicated on the temporary detention order pursuant to subsection E is a state facility, an employee or designee of the state facility may assume custody of the person wherever the person is located.
Transportation to an alternative facility of temporary detention designated in accordance with subsection E by an employee or designee of a state facility that was identified as the initial facility of temporary detention on a temporary detention order shall be in accordance with subsection D of § 37.2-810.
Transportation and security of the person being admitted shall be the responsibility of the state facility.
If no employee or designee of the state facility indicated on the temporary detention order pursuant to subsection E is available to take custody of a person who is subject to a temporary detention order pursuant to this subsection, such person shall remain in law-enforcement custody until custody is transferred to the state facility or an alternative facility of temporary detention.
For the purposes of this section, an employee or designee of the state facility indicated on the temporary detention order pursuant to subsection E shall be deemed unavailable to assume custody of a person who is the subject of a temporary custody order if all state funds for alternative custody have been expended.
The Commonwealth shall reimburse the facility only for the balance of costs remaining after the allowances of 4 covered by the third party payor have been received.
The Commonwealth shall reimburse the facility only for the balance of costs remaining after the allowances covered by the third party payor have been received.
The duration of temporary detention shall be sufficient to allow for completion of theI examination required by § 37.2-815, preparation of the preadmission screening report required bN avoid involuntary commitment where possible, but shall not exceed 72 hours prior to a hearing.
The duration of temporary detention shall be sufficient to allow for completion of the examination required by § 37.2-815, preparation of the preadmission screening report required by § 37.2-816, and initiation of mental health treatment to stabilize the person's psychiatric condition to avoid involuntary commitment where possible, but shall not exceed 72 hours prior to a hearing.
If the to 72-hour period herein specified terminates on a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed, the person may be detained, as herein provided, until the close of buRiness on the next day that is not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed.
If the 72-hour period herein specified terminates on a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed, the person may be detained, as herein provided, until the close of business on the next day that is not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed.
If a temporary detention order is not executed within 24 hours of its issuance, or witDin a shorter period as is specified in the order, the order shall be void and shall be returned unexecuted to jurisdiction of the issuing court.
If a temporary detention order is not executed within 24 hours of its issuance, or within a shorter period as is specified in the order, the order shall be void and shall be returned unexecuted to the office of the clerk of the issuing court or, if the office is not open, to any magistrate serving the of 4 hours after the petition is filed.
Subsequent orders may be issued upon the original petition within 96he hours after the petition is filed.
However, a magistrate must again obtain the advice of an employee or a designee of the local community services board prior to issuing a subsequent order upon the original petition.
However, a magistrate must again obtain the advice of an employee or a designee of the local community services board prior to issuing a subsequent order upon the oriEinal petition.
J.
magistrate, as provided by this section, be available seven days a week, 24 hours a day, for the purpose of performing the duties established by this section.
L.
Each community services board shall provide to each general district court and magistrate's office within its service area a list of its employees and designees who are available to perform the evaluations required herein.
The Executive Secretary of the Supreme Court of Virginia shall establish and require that a of performing the duties established by this section.
Each community services board shall provide topose each general district court and magistrate's office within its service area a list of its employees and designees who are available to perform the evaluations required herein.
For purposes of this section, a health care provider or designee of a local community services board or behavioral health authority shall not be required to encrypt any email containing infoSmation or medical records provided to a magistrate unless there is reason to believe that a third party w6ll attempt to intercept the email.
For purposes of this section, a health care provider or designee of a local community services medical records provided to a magistrate unless there is reason to believe that a third party will attempt to intercept the email.
2 pursuant to this section recommends that the person should not be subject to a temporary detentionion order, such employee or designee shall (i) inform the petitioner, the person who initiated emergency custody if such person is present, and an onsite treating physician of his recommendation;
L.
(ii) promptly inform such person who initiated emergency custody that the community services board will facilitate communication between the person and the magistrate if the person disagrees with recommendations of the employee or designee of the community services board who conducted the evaluation and the person who initiated emergency custody so requests;
N.
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and (iii) upon prompt request made by the person who with the magistrate as soon as is practicable and prior to the expiration of the period of emergency custody.
If the employee or designee of the community services board who is conducting the evaluation pursuant to this section recommends that the person should not be subject to a temporary detention order, such employee or designee shall (i) inform the petitioner, the person who initiated emergency inform such person who initiated emergency custody that the community services board will facilNtateptly communication between the person and the magistrate if the person disagrees with recommendations of the employee or designee of the community services board who conducted the evaluation and the pArson who initiated emergency custody so requests;
and (iii) upon prompt request made by the person who initiated emergency custody, arrange for such person who initiated emergency custody to communiTate custody.
The individual person who is the subject of emergency custody shall remain in the custody of law enforcement or a designee of law enforcement and shall not be released from emergency magistrate has made a determination regarding issuance of a temporary detention order.ded and the M.
The individual person who is the subject of emergency custody shall remain in She custody until communication with the magistrate pursuant to this subsection has concluded and thency magistrate has made a determination regarding issuance of a temporary detention order.
U M.
For purposes of this section, "person who initiated emergency custody" means any person who initiated the issuance of an emergency custody order pursuant to § 37.2-808 or a law-enforcement officer who takes a person into custody pursuant to subsection G of § 37.2-808.
For purposes of this section, "person who initiated emergency custody" means any person who initiated the issuance of an emergency custody order pursuant to § 37.2-808 or a law-enforcemenS officer who takes a person into custody pursuant to subsection G of § 37.2-808.
§ 37.2-809.1.
Facility of temporary detention.
In each case in which an employee or designee of the local community services board as defined in § 37.2-809 is required to make an evaluation of an individual pursuant to subsection B, G, or H of the need for such evaluation, contact the state facility for the area in which the community servicesof board is located and notify the state facility that the individual will be transported to the facility upon issuance of a temporary detention order if no other facility of temporary detention can be identified by the time of the expiration of the period of emergency custody pursuant to § 37.2-808.
In each case in which an employee or designee of the local community services board as defined in § 37.2-809 is required to make an evaluation of an individual pursuant to subsection B, G, or H of § 37.2-808, an employee or designee of the local community services board shall, upon being notTfied of the need for such evaluation, contact the state facility for the area in which the community services board is located and notify the state facility that the individual will be transported to the facility upon the time of the expiration of the period of emergency custody pursuant to § 37.2-808.
Upon completion of the evaluation, the employee or designee of the local community services board shall convey to the state facility information about the individual necessary to allow the state facility to determine the services the individual will require upon admission.
Upon completion by of the evaluation, the employee or designee of the local community services board shall convey Eo the state facility information about the individual necessary to allow the state facility to determine the services the individual will require upon admission.
an alternative facility that is able and willing to provide temporary detention and appropriate care to the SB682 4 of 4 individual, which may include another state facility if the state facility notified in accordance with subsection A is unable to provide temporary detention and appropriate care for the individual.
B.
Under no circumstances shall a state facility fail or refuse to admit an individual who meets the criteria for temporary detention pursuant to § 37.2-809 unless an alternative facility that is able to provide temporary detention and appropriate care agrees to accept the individual for temporary detention and the individual shall not during the duration of the temporary detention order be released from custody except for purposes of transporting the individual to the state facility or alternative facility in accordance with the provisions of § 37.2-810.
A state facility may, following the notice in accordance with subsection A, conduct a search for individual, which may include another state facility if the state facility notified in accordance witho the subsection A is unable to provide temporary detention and appropriate care for the individual.
If an alternative facility is identified and agrees to accept the individual for temporary detention, the state facility shall notify the community services board, and an employee or designee of the community services board shall designate the alternative facility on the prescreening report.
Under no circumstances shall a state facility fail or refuse to admit an individual who meets the criteria for temporary detention pursuant to § 37.2-809 unless an alternative facility that is able to proviSe temporary detention and appropriate care agrees to accept the individual for temporary detentio6 and the except for purposes of transporting the individual to the state facility or alternative facility in accordance with the provisions of § 37.2-810.
If an alternative facility is identified and agrees to accep1 the individual for temporary detention, the state facility shall notify the community services board, and an employee or designee of the community services board shall designate the alternative facility on the prescreening report.
A state facility may conduct a search for an alternative facility that is able and willing to provide temporary detention and appropriate care to the individual in accordance with subsection B if the individual is in the custody of an employee or designee of the state facility pursuant to subsection F of § 37.2-809.
A state facility may conduct a search for an alternative facility that is able and willing to provide SB682S1 4 of 4 temporary detention and appropriate care to the individual in accordance with subsection B if the individual is in the custody of an employee or designee of the state facility pursuant to subsection F of § 37.2-809.
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Action History

  1. Incorporated by Finance and Appropriations (SB268-Favola) (16-Y 0-N)

  2. Impact statement from DPB (SB682S1)

  3. Rereferred to Finance and Appropriations

  4. Motion to rerefer to committee agreed to

  5. Reported from Education and Health with substitute (15-Y 0-N)

  6. Committee substitute printed 22105860D-S1

  7. Senate subcommittee amendments and substitutes offered

  8. Impact statement from DPB (SB682)

  9. Assigned Education sub: Health

  10. Referred to Committee on Education and Health

  11. Presented and ordered printed 22103613D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on

Sponsors (1)

Co-sponsors (0)

None.

Not signed on (147)

147 members have not signed on to this bill.

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"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Incorporated by Finance and Appropriations (SB268-Favola) (16-Y 0-N)

Passed 16 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 16000
Total 16000
% of votes cast 100%0%0%0%
How each member voted (16)
Member Party Vote
McClellan, Jennifer L. — Yea
Barker, George L. — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Edwards, John S. — Yea
Hanger, Emmett W., Jr. — Yea
Howell, Janet D. — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Newman, Stephen D. — Yea
Norment, Thomas K., Jr. — Yea
Petersen, J. Chapman — Yea
R. Creigh Deeds — Yea
Ruff, Frank M., Jr. — Yea
Saslaw, Richard L. — Yea
Vogel, Jill Holtzman — Yea

Official roll call →

Reported from Education and Health with substitute (15-Y 0-N)

Passed 15 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 15000
Total 15000
% of votes cast 100%0%0%0%
How each member voted (15)
Member Party Vote
Barker, George L. — Yea
Cosgrove, John A., Jr. — Yea
David R. Suetterlein — Yea
Dunnavant, Siobhan S. — Yea
Edwards, John S. — Yea
Hashmi, Ghazala F. — Yea
Howell, Janet D. — Yea
L. Louise Lucas — Yea
Lewis, Lynwood W., Jr. — Yea
Mamie E. Locke — Yea
Mark J. Peake — Yea
Newman, Stephen D. — Yea
Petersen, J. Chapman — Yea
Saslaw, Richard L. — Yea
Todd E. Pillion — Yea

Official roll call →

Subjects

public-safety
Cross-referencing the record. Reading this bill against every other bill in the corpus by meaning, not keywords. Only the first open is slow. It’s instant for you after this. Matching · Ranking · Engrossing

Frequently asked questions

What does SB 682 do?
Temporary detention; alternative custody. Provides that if the facility indicated on a temporary detention order is a state facility, no bed for the person detained or in custody pursuant to the temporary detention order is immediately available at such state facility, and an employee or designee of such state facility is available to take custody of such person, such employee or designee of the state facility may assume custody of such person wherever such person is located and maintain custody of such person and transport such person to such state facility or to an alternative facility of temporary detention. The bill also provides that a person who is an inmate who is subject to an order authorizing treatment shall remain in law-enforcement custody at all times prior to admission to the facility designated for treatment of the person pursuant to such order. This bill was incorporated into SB 268.
Who sponsors SB 682?
SB 682 is sponsored by R. Creigh Deeds.
What is the current status of SB 682?
This bill died with 2022 Regular Session. It reached “In Committee” and never advanced before the session ended, so it can no longer move — a new version would have to be reintroduced in the current session.
Where can I track SB 682?
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