Virginia 2024 Regular Session Status: Enacted

SB 34 — Temporary detention; certified evaluators, report.

Last action — Acts of Assembly Chapter text (CHAP0780)

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

This bill has been enacted into law. Introduced December 16, 2023. Enacted.

Signed by Governor Glenn Youngkin (Republican) on April 17, 2024.

Odds of enactment

High chance

Based on the sponsor, cosponsors, and committee posture, this bill has a high chance of becoming law.

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Prognosis

Advancing 54% · moderate confidence

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    1 primary, 0 co-sponsors signed on.

  • Mixed recorded votes

    11 passed, 1 failed in recorded votes so far.

Based on stage, sponsorship breadth, committee status, recorded votes, and cross-state momentum — a description of the observable signals, not a prediction.

Summary

Temporary detention; certified evaluators; report. Authorizes hospitals with a psychiatric emergency department located in the City of Hampton to employ certain trained individuals to perform evaluations to determine whether a person meets the criteria for temporary detention for behavioral health treatment. The bill requires participating hospitals with psychiatric emergency departments in the City of Hampton to annually report the length of time between when a person who is the subject of an emergency custody order arrives at the psychiatric emergency department of a participating hospital and when the temporary detention order evaluation is completed and (ii) the number of (a) admissions, (b) psychiatric emergency department visits, (c) temporary detention order evaluations completed, (d) temporary detention orders executed, (e) individuals under temporary detention admitted to the participating hospital, and (f) individuals transferred from the psychiatric emergency department of the participating hospital to a state facility to the Senate Committee on Education and Health, the House Committee on Health and Human Services, and the Behavioral Health Commission. The bill requires participating hospitals with psychiatric emergency departments in the City of Hampton to report monthly to the Commissioner of Behavioral Health and Developmental Services the number of (a) crisis evaluations conducted each month; (b) temporary detention orders executed as a result of such evaluations and the percentage of evaluations such temporary detention orders represent; (c) reportable events associated with such temporary detention orders and the percentage of temporary detention orders that such reportable events represent; (d) certain reportable events; and (e) other events. The bill requires the Department of Behavioral Health and Developmental Services to submit by October 1, 2026, to the Senate Committee on Education and Health and the House Committee on Health and Human Services an evaluation of the overall effectiveness of certified evaluators conducting temporary detention order evaluations pursuant to the bill. The bill has an expiration date of July 1, 2026.

Bill Text

What changed in the latest version

719 added · 768 removed

Plain-language change summary

The recent amendments to Bill SB 34 clarify the definition of "responsible person" to explicitly include family members and law enforcement officers, enhancing support for individuals undergoing mental health evaluations. Additionally, the updated bill broadens the categories of individuals who can receive necessary information from healthcare providers during legal proceedings related to mental health, ensuring that certified evaluators and law enforcement officers have access to essential records. These changes matter because they aim to improve communication and coordination among those involved in mental health crises, potentially leading to better outcomes for individuals in need of care.

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VIRGINIA ACTS OF ASSEMBLY -- 2024 RECONVENED SESSION CHAPTER 780 An Act to amend and reenact §§ 37.2-800, 37.2-804.2, 37.2-805, 37.2-808 through 37.2-810, 37.2-813, 37.2-814, 37.2-816, 37.2-817, and 37.2-1104 of the Code of Virginia, relating to temporary detention;
RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY –– CHAPTER R An Act to amend and reenact §§ 37.2-800, 37.2-804.2, 37.2-805, 37.2-808 through 37.2-810, 37.2-813, 37.2-814, 37.2-816, 37.2-817, and 37.2-1104 of the Code of Virginia, relating to temporary detention;
[S 34] Approved April 17, 2024 Be it enacted by the General Assembly of Virginia:
E N [S 34] R Approved O Be it enacted by the General Assembly of Virginia:
§ 37.2-800.
L § 37.2-800.
For the purposes of this chapter, whenever the term mental illness appears, it shall include substance abuse.
E For the purposes of this chapter, whenever the term mental illness appears, it shall include substance abuse.
Whenever the term responsible person appears, it shall include a family member as that term is of the person, a certified evaluator as defined in § 37.2-809, or a law-enforcement officer.
Whenever the term responsible person appears, it shall include a family member as that tDrm is defined in § 37.2-100, a community services board or behavioral health authority, any treating physician term community services board or board appears, it shall include behavioral health authority.Whenever the § 37.2-804.2.
Whenever the term community services board or board appears, it shall include behavioral health authority.
§ 37.2-804.2.
Any health care provider, as defined in § 32.1-127.1:03, or other provider who has provided or is currently providing services to a person who is the subject of proceedings pursuant to this chapter shall, upon request, disclose to a magistrate, the court, the person's attorney, the person's guardian ad litem, the examiner identified to perform an examination pursuant to § 37.2-815, the community services board or its designee or a certified evaluator, as defined in § 37.2-809, performing any evaluation, preadmission screening, or monitoring duties pursuant to this chapter, or a law-enforcement officer any information that is necessary and appropriate for the performance of his duties pursuant to this chapter.
Any health care provider, as defined in § 32.1-127.1:03, or other provider who has provided or is currently providing services to a person who is the subject of proceedings pursuant to this chapter shall, upon request, disclose to a magistrate, the court, the person's attorney, the person's guardian ad litem, the examiner identified to perform an examination pursuant to § 37.2-815, the community serviceS board or its designee or a certified evaluator, as defined in § 37.2-809, performing any evaluation, 3 information that is necessary and appropriate for the performance of his duties pursuant to this chapter.
Any health care provider, as defined in § 32.1-127.1:03, or other provider who has provided or is currently evaluating or providing services to a person who is the subject of proceedings pursuant to this chapter shall disclose information that may be necessary for the treatment of such person to any other health care provider or other provider evaluating or providing services to or monitoring the treatment of the person.
Any health care provider, as defined in § 32.1-127.1:03, or other provider who has provided or 2s currently evaluating or providing services to a person who is the subject of proceedings pursuant to this chapter shall disclose information that may be necessary for the treatment of such person to any other health care provider or other provider evaluating or providing services to or monitoring the treatment of the person.
Health records disclosed to a law-enforcement officer shall be limited to information necessary to protect the officer, the person, or the public from physical injury or to address the health care needs of the person.
Health records disclosed to a law-enforcement officer shall be limited to information necessary to protect the officer, the person, or the public from physical injury or to address the health other purpose, disclosed to others, or retained.to a law-enforcement officer shall not be used for any Any health care provider providing services to a person who is the subject of proceedings under this chapter shall (i) inform the person that his family member or personal representative, including any agent named in an advance directive executed in accordance with the Health Care Decisions Act (§ 54.1-2981 et seq.), will be notified of information that is directly relevant to such individual's involvement with the person's health care, which may include the person's location and general condition, in accordance with subdivision D 34 of § 32.1-127.1:03, and (ii) make a reasonable effort to knowledge that the family member or personal representative is currently prohibited by court order from contacting the person.
Information disclosed to a law-enforcement officer shall not be used for any other purpose, disclosed to others, or retained.
Any health care provider providing services to a person who is the subject of proceedings under this chapter shall (i) inform the person that his family member or personal representative, including any agent named in an advance directive executed in accordance with the Health Care Decisions Act (§ 54.1-2981 et seq.), will be notified of information that is directly relevant to such individual's involvement with the person's health care, which may include the person's location and general condition, in accordance with subdivision D 34 of § 32.1-127.1:03, and (ii) make a reasonable effort to so notify the person's family member or personal representative, unless the provider has actual knowledge that the family member or personal representative is currently prohibited by court order from contacting the person.
§ 1320d et seq.), as amended, unless the person or provider disclosing such records intended the harm or acted in bad faith.
§ 1320d et seq.), as amended, unless the person or § 37.2-805.
§ 37.2-805.
Any state facility shall admit any person requesting admission who has been (i) screened by the community services board or behavioral health authority that serves the county or city where the person resides or, if impractical, where the person is located, or a certified evaluator, as defined in § 37.2-809, (ii) examined by a physician on the staff of the state facility, and (iii) deemed by the board or, authority, or certified evaluatorand the state facility physician to be in need of treatment, training, or habilitation in a state facility.
intended the harm or acted in bad faith.
Upon motion of the treating physician, a family member or personal representative of the person, or the community services board serving the county or city where the facility is located, the county or city where the person resides, or the county or city where the person receives treatment, a hearing shall be held prior to the release date of any person who has been the subject of a temporary detention order and voluntarily admitted himself in accordance with subsection B of § 37.2-814 to determine whether such person should be ordered to mandatory outpatient treatment of 13 pursuant to subsection D of § 37.2-817.01, except that such 36-month period shall not include any time during which the person was receiving inpatient psychiatric treatment or was incarcerated, as established by evidence admitted at the hearing, upon his release if such person, on at least two previous occasions within 36 months preceding the date of the hearing, has been (a) the subject of a temporary detention order and voluntarily admitted himself in accordance with subsection B of § 37.2-814 or (b) involuntarily admitted pursuant to § 37.2-817.
Any state facility shall admit any person requesting admission who has been (i) screened by the community services board or behavioral health authority that serves the county or city where the person resides or, if impractical, where the person is located, or a certified evaluator, as defined in § 37.2-809, (ii) examined by a physician on the staff of the state facility, and (iii) deemed by the board or, authority, or certified evaluator and the state facility physician to be in need of treatment, training, or habilitation in a state facility.
Upon motion of the treating physician, a family member or personal facility is located, the county or city where the person resides, or the county or city where the person receives treatment, a hearing shall be held prior to the release date of any person who has been the of 13 subject of a temporary detention order and voluntarily admitted himself in accordance with subsection B of § 37.2-814 to determine whether such person should be ordered to mandatory outpatient treatment pursuant to subsection D of § 37.2-817.01, except that such 36-month period shall not include any time during which the person was receiving inpatient psychiatric treatment or was incarcerated, as established by evidence admitted at the hearing, upon his release if such person, on at least two previous occasions within 36 months preceding the date of the hearing, has been (a) the subject of a temporary detention order and voluntarily admitted himself in accordance with subsection B of § 37.2-814 or (b) involuntarily admitted pursuant to § 37.2-817.
Delivery of an order to a law-enforcement officer or alternative transportation provider and return of an order to the court may be accomplished electronically or by facsimile.
Delivery of of 13 an order to a law-enforcement officer or alternative transportation provider and return of an order to the court may be accomplished electronically or by facsimile.
Transportation under this section shall include transportation to a medical facility as may be necessary to obtain emergency medical evaluation or treatment that shall be conducted immediately in accordance with state and federal law.
R Transportation under this section shall include transportation to a medical facility as may Ee accordance with state and federal law.
Transportation under this section shall include transportation to a of 13 medical facility for a medical evaluation if a physician at the hospital in which the person subject to the emergency custody order may be detained requires a medical evaluation prior to admission.
Transportation under this section shall include transportation to a medical facility for a medical evaluation if a physician at the hospital in which the person subject to the emergency custody order may be detained requires a medical evaluation prior to admission.
D.
N D.
In specifying the primary law-enforcement agency and jurisdiction for purposes of this section, the magistrate or court shall order the primary law-enforcement agency from the jurisdiction served by the community services board or certified evaluator that designated the person to perform the evaluation required in subsection B to execute the order and, in cases in which transportation is ordered to be provided by the primary law-enforcement agency, provide transportation.
In specifying the primary law-enforcement agency and jurisdiction for purposes of this section, the magistrate or court shall order the primary law-enforcement agency from the jurisdiction served by the community services board or certified evaluator that designated the person to perform the eOaluation required in subsection B to execute the order and, in cases in which transportation is ordered to be board serves more than one jurisdiction, the magistrate or court shall designate the primaryvicLs law-enforcement agency from the particular jurisdiction within the community services board's service area where the person who is the subject of the emergency custody order was taken into custody Er, if the person has not yet been taken into custody, the primary law-enforcement agency from the jurisdiction where the person is presently located to execute the order and provide transportation.
If the community services board serves more than one jurisdiction, the magistrate or court shall designate the primary law-enforcement agency from the particular jurisdiction within the community services board's service area where the person who is the subject of the emergency custody order was taken into custody or, if the person has not yet been taken into custody, the primary law-enforcement agency from the jurisdiction where the person is presently located to execute the order and provide transportation.
The law-enforcement agency or alternative transportation provider providing transportation pursuant to this section may transfer custody of the person to the facility or location to which the person is transported for the evaluation required in subsection B, G, or H if the facility or location (i) is licensed to provide the level of security necessary to protect both the person and others from harm, (ii) is actually capable of providing the level of security necessary to protect the person and others from harm, and (iii) in cases in which transportation is provided by a law-enforcement agency, has entered into an agreement or memorandum of understanding with the law-enforcement agency setting forth the terms and conditions under which it will accept a transfer of custody, provided, however, that the facility or location may not require the law-enforcement agency to pay any fees or costs for the transfer of custody.
The law-enforcement agency or alternative transportation provider providing transportation pursuant to this section may transfer custody of the person to the facility or location to which the person licensed to provide the level of security necessary to protect both the person and others from harm, (ii) is actually capable of providing the level of security necessary to protect the person and others from harm, and (iii) in cases in which transportation is provided by a law-enforcement agency, has entered into an agreement or memorandum of understanding with the law-enforcement agency setting forth the terms and conditions under which it will accept a transfer of custody, provided, however, that She facility or location may not require the law-enforcement agency to pay any fees or costs for th3 transfer of custody.
F.
E city, or town in which he serves to any point in the Commonwealth for the purpose of executing 2nounty, emergency custody order pursuant to this section.
A law-enforcement officer may lawfully go or be sent beyond the territorial limits of the county, city, or town in which he serves to any point in the Commonwealth for the purpose of executing an emergency custody order pursuant to this section.
A law-enforcement officer who takes a person into custody pursuant to this subsection or subsection H may lawfully go or be sent beyond the territorial limits of the county, city, or town in which he serves to any point in the Commonwealth for the purpose of obtaining the assessment.
A law-enforcement officer who takes a person into custody pursuant to this subsection or subsection H may lawfully go or be sent beyond the the purpose of obtaining the assessment.
The period of custody shall not exceed eight hours from the time the law-enforcement officer takes the person into custody.
The period ofr custody shall not exceed eight hours from the time the law-enforcement officer takes the person into custody.
A law-enforcement officer who is transporting a person who has voluntarily consented to be transported to a facility for the purpose of assessment or evaluation and who is beyond the territorial limits of the county, city, or town in which he serves may take such person into custody and transport him to an appropriate location to assess the need for hospitalization or treatment without prior authorization when the law-enforcement officer determines (i) that the person has revoked consent to be transported to a facility for the purpose of assessment or evaluation, and (ii) based upon his observations, that probable cause exists to believe that the person meets the criteria for emergency custody as stated in this section.
A law-enforcement officer who is transporting a person who has voluntarily consented to be transported to a facility for the purpose of assessment or evaluation and who is beyond the territorial limits of the county, city, or town in which he serves may take such person into custody and transport him to an appropriate location to assess the need for hospitalization or treatment without prior transported to a facility for the purpose of assessment or evaluation, and (ii) based upon hisent to be observations, that probable cause exists to believe that the person meets the criteria for emergency custody as stated in this section.
J.
custody order or a representative of the law-enforcement agency employing a law-enforcement officer who takes a person into custody pursuant to subsection G or H shall notify the community services board or certified evaluator responsible for conducting the evaluation required in subsection B, G, or H as soon as practicable after execution of the emergency custody order or after the person has been taken into custody pursuant to subsection G or H.
A representative of the primary law-enforcement agency specified to execute an emergency custody order or a representative of the law-enforcement agency employing a law-enforcement officer who takes a person into custody pursuant to subsection G or H shall notify the community services board or certified evaluator responsible for conducting the evaluation required in subsection B, G, or H as soon as practicable after execution of the emergency custody order or after the person has been taken into custody pursuant to subsection G or H.
The person shall remain in custody until (i) a temporary detention order is issued in accordance with § 37.2-809, (ii) an order for temporary detention for observation, testing, or treatment is entered in accordance with § 37.2-1104, ending law enforcement custody, (iii) the person is released, or (iv) the emergency custody order expires.
The person shall remain in custody until (i) a temporary detention order is issued in accordance with § 37.2-809, (ii) an order for temporary detention for observation, testing, or treatment is entered in emergency custody order expires.
An emergency custody order shall be valid for a period not to exceed eight hours from the time of execution.
An emergency custody order shall be valid for a period not to exceede of 13 eight hours from the time of execution.
Upon completion of of 13 testing, observation, or treatment pursuant to § 37.2-1104, the hospital emergency room or other appropriate facility in which the person is detained shall notify the nearest community services board or certified evaluator, and the designee of the community services board or certified evaluator shall, as soon as is practicable and prior to the expiration of the order for temporary detention issued pursuant to § 37.2-1104, conduct an evaluation of the person to determine if he meets the criteria for temporary detention pursuant to § 37.2-809.
Upon completion of testing, observation, or treatment pursuant to § 37.2-1104, the hospital emergency room or other appropriate facility in which the person is detained shall notify the nearest community services board or certified evaluator, and the designee of the community services board or certified evaluator shall, as soon as is practicable and prior to the expiration of the order for temporary detention issued pursuant to § 37.2-1104, conduct an evaluation of the person to determine if he meets the criteria for temporary detention pursuant to § 37.2-809.
"Designee of the local community services board" means an examiner designated by the local 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.
"Designee of the local community services board" means an examiner designated by the local 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 of 13 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 Rnvestment interest in the facility detaining or admitting the person under this article, and (vii) exceptEfor employees of "Employee" means an employee of the local community services board who is skilled in theacility.
Department of Veterans Affairs, is not employed by the facility.
assessment and treatment of mental illness and has completed a certification program approved by the Department.
"Employee" means an employee of the local community services board who is skilled in the assessment and treatment of mental illness and has completed a certification program approved by the Department.
N "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.
"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.
O "Psychiatric emergency department" means a facility that (i) is a separate and secure environment Department of Health, (ii) provides immediate access to psychiatric and psychological care, (iii) is adjacent to a facility licensed by the Department, and (iv) provides medical care, case management, discharge planning, and bridge psychiatric services post-discharge as needed.
"Psychiatric emergency department" means a facility that (i) is a separate and secure environment of 13 operating under the authority of a hospital with emergency department services licensed by the Department of Health, (ii) provides immediate access to psychiatric and psychological care, (iii) is adjacent to a facility licensed by the Department, and (iv) provides medical care, case management, discharge planning, and bridge psychiatric services post-discharge as needed.
E B.
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 D 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 or after an in-person evaluation conducted by a temporary detention order if it appears from all evidence readily available, including anytion, a recommendation from a physician, clinical psychologist, clinical social worker, or licensed professional counselor 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 threStening harm and other relevant information, if any, or (b) suffer serious harm due to his lack of capa3ity to protect himself from harm or to provide for his basic human needs;
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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 or after an in-person evaluation conducted by a certified evaluator 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, clinical social worker, or licensed professional counselor 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 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;
(ii) is in need of hospitaliEation or The magistrate shall also consider, if available, (a) information provided by the person who in2tiatedatment.
(ii) is in need of hospitalization or treatment;
emergency custody and (b) the recommendations of any treating or examining physician licensed in Virginia either verbally or in writing prior to rendering a decision.
and (iii) is unwilling to volunteer or incapable of volunteering for hospitalization or treatment.
The magistrate shall also consider, if available, (a) information provided by the person who initiated emergency custody and (b) the recommendations of any treating or examining physician licensed in Virginia either verbally or in writing prior to rendering a decision.
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, clinical social worker, or licensed professional counselor 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 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.
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 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 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.
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 a certified evaluator 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 employee or a designee of the local community services board or a certified evaluator or (ii) there is a significant physical, psychological, or medical risk to the person or to others associated with conducting such evaluation.
An employee or designee of the local community services board or a certified evaluator 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 person given the specific security, medical, or behavioral health needs of the person.
An employee or designee of the local community services board or a certified evaluator may change the facility of temporary detention and may designate an determined that the alternative facility is a more appropriate facility for temporary detention of theit is person given the specific security, medical, or behavioral health needs of the person.
however, if an employee or designee of the local community services board or the certified evaluator designates an alternative facility, that employee or designee or certified evaluator shall provide written notice forthwith, on a form developed by the Executive Secretary of the Supreme Court of Virginia, to the clerk of the issuing court of the name and address of the alternative facility.
however, if an employee or designee of the local community services board or the certified evaluator notice forthwith, on a form developed by the Executive Secretary of the Supreme Court of Virginia, toitten of 13 the clerk of the issuing court of the name and address of the alternative facility.
The person detained or in custody pursuant to this of 13 section shall be given a written summary of the temporary detention procedures and the statutory protections associated with those procedures.
The person detained or in custody pursuant to this section shall be given a written summary of the temporary detention procedures and the statutory protections associated with those procedures.
If the employee or designee of the community services board or the certified evaluator 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 or certified evaluator shall (i) inform the petitioner, the person who initiated emergency custody if such person is present, and an onsite treating physician of his recommendation;
If the employee or designee of the community services board or the certified evaluator who is of 13 conducting the evaluation pursuant to this section recommends that the person should not be subject to a temporary detention order, such employee or designee or certified evaluator shall (i) inform thR petitioner, the person who initiated emergency custody if such person is present, and an onsiteEtreating the community services board or certified evaluator will facilitate communication between the personat and the magistrate if the person disagrees with recommendations of the employee or designee of the community services board or certified evaluator who conducted the evaluation and the person whoN initiated emergency custody so requests;
(ii) promptly inform such person who initiated emergency custody that the community services board or certified evaluator 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 or certified evaluator who conducted the evaluation and the person 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 communicate with the magistrate as soon as is practicable and prior to the expiration of the period of emergency cusOody.
and (iii) upon prompt request made by the person who initiated emergency custody, arrange for such person who initiated emergency custody to communicate with the magistrate as soon as is practicable and prior to the expiration of the period of emergency custody.
The magistrate shall consider any information provided by the person who initiated emergency custody and community services board or certified evaluator who conducted the evaluation and consider such L information and recommendations in accordance with subsection B in making his determination to issue a temporary detention order.
The magistrate shall consider any information provided by the person who initiated emergency custody and any recommendations of the treating or examining physician and the employee or designee of the community services board or certified evaluator who conducted the evaluation and consider such information and recommendations in accordance with subsection B in making his determination to issue a temporary detention order.
The person who is the subject of emergency custody shall remain inEthe custody of law enforcement or a designee of law enforcement and shall not be released from emergency custody until communication with the magistrate pursuant to this subsection has concluded and the magistrate has made a determination regarding issuance of a temporary detention order.
The 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 custody until communication with the magistrate pursuant to this subsection has concluded and the of 13 magistrate has made a determination regarding issuance of a temporary detention order.
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 who takes a person into custody pursuant to subsection G of § 37.2-808.-808 or a law-enforcement officer N.
N.
§ 37.2-809.1.
S § 37.2-809.1.
A.
3 A.
In each case in which an employee or designee of the local community services board or certified evaluator 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 or certified evaluator shall, upon being notified 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 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 or ceEtified subsection B, G, or H of § 37.2-808, an employee or designee of the local community services bo2rd or certified evaluator shall, upon being notified 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 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.
Upon completion of the evaluation, the employee or designee of the local community services board or certified evaluator 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 of the evaluation, the employee or designee of the local community services board or certified evaluator shall convey to the state facility information require upon admission.cessary to allow the state facility to determine the services the individual will B.
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.
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 individual shall not during the duration of the temporary detention order be released from custodynd the 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 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 alternative transportation provider.
A state facility may conduct a search for an alternative facility that is able and willing to provide individual is in the custody of an alternative transportation provider.e with subsection B if the D.
D.
In specifying the primary law-enforcement agency and jurisdiction for purposes of this section, the magistrate shall specify in the temporary detention order the law-enforcement agency of the jurisdiction in which the person resides, or any other willing law-enforcement agency that has agreed to provide transportation, to execute the order and, in cases in which transportation is ordered to be provided by the primary law-enforcement agency, provide transportation.
In specifying the primary law-enforcement agency and jurisdiction for purposes of this section, the magistrate shall specify in the temporary detention order the law-enforcement agency of the jurisdiction in which the person resides, or any other willing law-enforcement agency that has agreed to provided by the primary law-enforcement agency, provide transportation.
However, if the nearest boundary of the jurisdiction in which the person resides is more than 50 miles from the nearest boundary of the jurisdiction in which the person is located, the law-enforcement agency of the jurisdiction in which the person is located shall execute the order and provide transportation.
However, if the nearesto be of 13 boundary of the jurisdiction in which the person resides is more than 50 miles from the nearest boundary of the jurisdiction in which the person is located, the law-enforcement agency of the jurisdiction in which the person is located shall execute the order and provide transportation.
If no alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation of 13 in a safe manner, the magistrate shall designate the primary law-enforcement agency and jurisdiction designated to execute the temporary detention order to provide transportation of the person.
If no alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner, the magistrate shall designate the primary law-enforcement agency and jurisdiction designated to execute the temporary detention order to provide transportation of the person.
In cases in which an alternative facility of temporary detention is identified and custody of the person has been transferred from the law-enforcement agency or alternative transportation provider that provided transportation in accordance with subsection B to the initial facility of temporary detention, the employee or designee of the community services board or certified evaluator shall request, and a magistrate may enter an order specifying, an alternative transportation provider or, if no alternative transportation provider is available, willing, and able to provide transportation in a safe manner, the local law-enforcement agency for the jurisdiction in which the person resides or, if the nearest boundary of the jurisdiction in which the person resides is more than 50 miles from the nearest boundary of the jurisdiction in which the person is located, the law-enforcement agency of the jurisdiction in which the person is located, to provide transportation.
In cases in which an alternative facility of temporary detention is identified and custody of the person has been transferred from the law-enforcement agency or alternative transportation provider that of 13 provided transportation in accordance with subsection B to the initial facility of temporary detention, the employee or designee of the community services board or certified evaluator shall request, and R magistrate may enter an order specifying, an alternative transportation provider or, if no alteEnative local law-enforcement agency for the jurisdiction in which the person resides or, if the nearest boundary of the jurisdiction in which the person resides is more than 50 miles from the nearest boundary of the jurisdiction in which the person is located, the law-enforcement agency of the jurisdiction in Nhich the person is located, to provide transportation.
The magistrate may change the transportation provider specified in a temporary detention order at any time prior to the initiation of transportation of a person who is the subject of a temporary detention order pursuant to this section.
The magistrate may change the transportation provider specified in a temporary detention order at any time prior to the initiation of transportation of a person who is the subject of a temporarO detention order pursuant to this section.
If the designated transportation provider is changed by the magistrate at any time after the temporary detention order has been executed but prior to the initiation of transportation, the transportation provider having custody of the person shall transfer custody of the person to the transportation provider subsequently specified to provide transportation.
If the designated transportation provider is changed by the magistrate at transportation, the transportation provider having custody of the person shall transfer custody of the person to the transportation provider subsequently specified to provide transportation.
For the purposes of this subsection, "transportation provider" includes both a law-enforcement agency and an alternative transportation provider.
For the purposes of this subsection, "transportation provider" includes both a law-enforcement agency and an altErnative transportation provider.
Law-enforcement agencies may enter into agreements to facilitate the execution of temporary detention orders and provide transportation.
Law-enforcement agencies may enter into agrG.
G.
An employee or contractor of an entity providing alternative transportation services pursuant to a contract with the Department who has completed training approved by the Department in the proper and safe use of restraint may use restraint (i) if restraint is necessary to ensure the safety of the person or others or prevent escape and (ii) if less restrictive techniques have been determined to be ineffective to protect the person or others from harm or to prevent escape.
An employee or contractor of an entity providing alternative transportation services pursuant to a contract with the Department who has completed training approved by the Department in the proper and safe use of restraint may use restraint (i) if restraint is necessary to ensure the safety of the person or of 13 others or prevent escape and (ii) if less restrictive techniques have been determined to be ineffective to protect the person or others from harm or to prevent escape.
S H.
H.
No person who provides alternative transportation pursuant to this section shall be liabl3 to the person being transported for any civil damages for ordinary negligence in acts or omissions thaE result froI.
No person who provides alternative transportation pursuant to this section shall be liable to the person being transported for any civil damages for ordinary negligence in acts or omissions that result from providing such alternative transportation.
For purposes of this section:nsportation.
I.
2 "Certified evaluator" means the same as that term is defined in § 37.2-809.
For purposes of this section:
"Certified evaluator" means the same as that term is defined in § 37.2-809.
Prior to a hearing as authorized in §§ 37.2-814 through 37.2-819, the district court judge or special justice may release the person on his personal recognizance or bond set by the district court judge or special justice if it appears from all evidence readily available that the person does not meet the commitment criteria specified in subsection C of § 37.2-817.
Prior to a hearing as authorized in §§ 37.2-814 through 37.2-819, the district court judge or judge or special justice if it appears from all evidence readily available that the person does not meet the commitment criteria specified in subsection C of § 37.2-817.
C.
facility of temporary detention, the director of the facility in which the person is located, as long as such director is not the person's certified evaluator, may release the person if an employee or a designee of the local community services board or certified evaluator, as those terms are defined in § 37.2-809, in consultation with the person's treating physician, (i) conducts an evaluation of the person, (ii) determines that the person no longer meets the commitment criteria specified in subsection C of § 37.2-817, (iii) authorizes the release of the person, and (iv) provides a discharge plan.
For any person under a temporary detention order pursuant to § 37.2-809, prior to transport to the facility of temporary detention, the director of the facility in which the person is located, as long as such director is not the person's certified evaluator, may release the person if an employee or a designee of the local community services board or certified evaluator, as those terms are defined in § 37.2-809, in consultation with the person's treating physician, (i) conducts an evaluation of the person, (ii) determines that the person no longer meets the commitment criteria specified in subsection C of § 37.2-817, (iii) authorizes the release of the person, and (iv) provides a discharge plan.
For the purposes of this section, "certified evaluator" means the same as that term is defined in § 37.2-809.
For the purposes of this section, "certified evaluator" means the same as that term is defined in § 3§ 37.2-814.
§ 37.2-814.
however, 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.
on which the court is lawfully closed, the person may be detained, as herein provided, until the close of of 13 business on the next day that is not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed.
of 13 D.
D.
The board or the certified evaluator shall provide the preadmission screening report to the court prior to the hearing, and the report shall be admitted into evidence and made part of the record of the case.
of 13 The board or the certified evaluator shall provide the preadmission screening report to the court prior to the hearing, and the report shall be admitted into evidence and made part of the record of the Rase.
In the case of a person who has been sentenced and committed to the Department of Corrections and who has been examined by a psychiatrist or clinical psychologist, the judge or special justice may proceed to adjudicate whether the person has mental illness and should be involuntarily admitted without requesting a preadmission screening report from the community services board.
In the case of a person who has been sentenced and committed to the Department of Corrections and Eho adjudicate whether the person has mental illness and should be involuntarily admitted without requestingo a preadmission screening report from the community services board.
§ 37.2-817.
E § 37.2-817.
A.
N A.
The district court judge or special justice shall render a decision on the petition for involuntary admission after the appointed examiner has presented the report required by § 37.2-815, and after the community services board that serves the county or city where the person resides or, if impractical, where the person is located or certified evaluator has presented a preadmission screening report with recommendations for that person's placement, care, and treatment pursuant to § 37.2-816.
The district court judge or special justice shall render a decision on the petition for involuntary admission after the appointed examiner has presented the report required by § 37.2-815, and after the community services board that serves the county or city where the person resides or, if impractOcal, where the person is located or certified evaluator has presented a preadmission screening report with if not contested, may constitute sufficient evidence upon which the district court judge or special justice may base his decision.
These reports, if not contested, may constitute sufficient evidence upon which the district court judge or special justice may base his decision.
The examiner, if not physically present at the hearing, and the treating physician at the facility of temporary detention shall be available whenever possible for questioning durEng the hearing through a two-way electronic video and audio or telephonic communication system as authorized in § 37.2-804.1.
The examiner, if not physically present at the hearing, and the treating physician at the facility of temporary detention shall be available whenever possible for questioning during the hearing through a two-way electronic video and audio or telephonic communication system as authorized in § 37.2-804.1.
D B.
B.
Any employee or designee of the local community services board, as defined in § 37.2-809, representing the community services board or certified evaluator that prepared the preadmission participate in the hearing through a two-way electronic video and audio or telephonic communicationshall system as authorized in § 37.2-804.1.
Any employee or designee of the local community services board, as defined in § 37.2-809, representing the community services board or certified evaluator that prepared the preadmission screening report shall attend the hearing in person or, if physical attendance is not practicable, shall participate in the hearing through a two-way electronic video and audio or telephonic communication system as authorized in § 37.2-804.1.
Where a hearing is held outside of the service area of the community services board that prepared the preadmission screening report, and it is not practicable for a representative of the community services board that prepared the preadmission screening report to attend or participate in the hearing, arrangements shall be made by the community services board that Srepared the preadmission screening report for an employee or designee of the community services board s3rving the area in which the hearing is held to attend or participate on behalf of the community serviEes board services board, as defined in § 37.2-809, representing the community services board that prepar2d the preadmission screening report or attending or participating on behalf of the community services board that prepared the preadmission screening report or the certified evaluator shall not be excluded from the hearing pursuant to an order of sequestration of witnesses.
Where a hearing is held outside of the service area of the community services board that prepared the preadmission screening report, and it is not practicable for a representative of the community services board that prepared the preadmission screening report to attend or participate in the hearing, arrangements shall be made by the community services board that prepared the preadmission screening report for an employee or designee of the community services board serving the area in which the hearing is held to attend or participate on behalf of the community services board that prepared the preadmission screening report.
The community services board that prepared the preadmission screening report or the certified evaluator shall remain responsible for the person subject to the hearing and, prior to the hearing, shall send the preadmission screening report through certified mail, personal delivery, facsimile with return receipt acknowledged, or other electronic means Where a community services board attends the hearing on behalf of the community services board that prepared the preadmission screening report, the attending community services board shall inform the community services board that prepared the preadmission screening report of the disposition of the matter upon the conclusion of the hearing.
The employee or designee of the local community services board, as defined in § 37.2-809, representing the community services board that prepared the of 13 preadmission screening report or attending or participating on behalf of the community services board that prepared the preadmission screening report or the certified evaluator shall not be excluded from the hearing pursuant to an order of sequestration of witnesses.
The community services board that prepared the preadmission screening report or the certified evaluator shall remain responsible for the person subject to the hearing and, prior to the hearing, shall send the preadmission screening report through certified mail, personal delivery, facsimile with return receipt acknowledged, or other electronic means with documented acknowledgment of receipt to the community services board attending the hearing.
Where a community services board attends the hearing on behalf of the community services board that prepared the preadmission screening report, the attending community services board shall inform the community services board that prepared the preadmission screening report of the disposition of the matter upon the conclusion of the hearing.
At least 12 hours prior to the hearing, the court shall provide to the community services board or certified evaluator that prepared the preadmission screening report the time and location of the hearing.
At least 12 hours prior to the hearing, the court shall provide to the community services board or If the representative of the community services board or certified evaluator that prepared thehe hearing.
If the representative of the community services board or certified evaluator that prepared the preadmission screening report will be present by telephonic means, the court shall provide the telephone number to the community services board or certified evaluator.
preadmission screening report will be present by telephonic means, the court shall provide the telephone number to the community services board or certified evaluator.
If a representative of a community services board will be attending the hearing on behalf of the community services board that prepared the preadmission screening report, the community services board that prepared the preadmission screening report shall promptly communicate the time and location of the hearing and, if the representative of the community services board attending on behalf of the community services board that prepared the preadmission screening report will be present by telephonic means, the telephone number to the attending community services board.
If a representative of a community services board will be attending the hearing on behalf of the community services board that prepared the preadmission screening report, the community services board that prepared the preadmission screening report shall promptly communicate the time and location of the hearing and, if the representative of the community services board attending on behalf of the community services board that prepared the attending community services board.be present by telephonic means, the telephone number to the C.
C.
After observing the person and considering (i) the recommendations of any treating or examining physician or psychologist licensed in Virginia, if available, (ii) any past actions of the person, (iii) any past mental health treatment of the person, (iv) any examiner's certification, (v) any health records available, (vi) the preadmission screening report, and (vii) any other relevant evidence that may have been admitted, including whether the person recently has been found unrestorably incompetent to stand trial after a hearing held pursuant to subsection E of § 19.2-169.1, if the judge or special justice finds by likelihood that, as a result of mental illness, the person will, in the near future, (1) cause serious of 13 physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (2) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs, and (b) all available less restrictive treatment alternatives to involuntary inpatient treatment that would offer an opportunity for the improvement of the person's condition have been investigated and determined to be inappropriate, the judge or special justice shall by written order and specific findings so certify and order that the person be admitted involuntarily to a facility for a period of treatment not to exceed 30 days from the date of the court order.
After observing the person and considering (i) the recommendations of any treating or examining physician or psychologist licensed in Virginia, if available, (ii) any past actions of the person, (iii) any past mental health treatment of the person, (iv) any examiner's certification, (v) any health records available, (vi) the preadmission screening report, and (vii) any other relevant evidence that may have been admitted, including whether the person recently has been found unrestorably incompetent to stand trial after a hearing held pursuant to subsection E of § 19.2-169.1, if the judge or special justice finds by clear and convincing evidence that (a) the person has a mental illness and there is a substantial likelihood that, as a result of mental illness, the person will, in the near future, (1) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (2) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs, and (b) all available less restrictive treatment alternatives to involuntary inpatient treatment that would offer an opportunity for the improvement of the person's condition have been investigated and determined to be inappropriate, the judge or special justice shall by written order and specific findings so certify and order that the person be admitted involuntarily to a facility for a period of treatment not to exceed 30 days from the date of the court order.
When a mental or physical condition to be treated appears to be a result of intoxication, a licensed physician who has attempted to obtain informed consent of an adult person for treatment of such mental or physical condition appearing to be a result of intoxication may seek an order from the magistrate or court in the jurisdiction where the respondent is located authorizing temporary detention of of 13 the adult person in a hospital emergency department or other appropriate facility for testing, observation, or treatment upon a finding that (i) probable cause exists to believe the person's intoxication has rendered the person incapable of making or communicating an informed decision regarding treatment and (ii) the medical standard of care calls for observation, testing, or treatment within the next 24 hours to prevent injury, disability, death, or other harm to the person or another person resulting from such intoxication.
When a mental or physical condition to be treated appears to be a result of intoxication, a licensed physician who has attempted to obtain informed consent of an adult person for treatment of such mental or physical condition appearing to be a result of intoxication may seek an order from the magistrate or court in the jurisdiction where the respondent is located authorizing temporary detention of the adult person in a hospital emergency department or other appropriate facility for testing, observation, or treatment upon a finding that (i) probable cause exists to believe the person's intoxication has rendered the person incapable of making or communicating an informed decision regarding treatment and (ii) the medical standard of care calls for observation, testing, or treatment within the next 24 hours to prevent injury, disability, death, or other harm to the person or another person resulting from such intoxication.
That at the end of each calendar year, participating hospitals with psychiatric emergency departments in the City of Hampton shall report to the Chairmen of the Senate Committees on Education and Health and Finance and Appropriations, the House Committees on Appropriations and Health and Human Services, and the Behavioral Health Commission and the Commissioner of Behavioral Health and Developmental Services the following information:
That at the end of each calendar year, participating hospitals with psychiatric emergency departments in the City of Hampton shall report to the Chairmen of the Senate Committees on of 13 Education and Health and Finance and Appropriations, the House Committees on Appropriations Behavioral Health and Developmental Services the following information:
(i) the length of time between when a person who is the subject of an emergency custody order pursuant to § 37.2-808 of the Code of Virginia, as amended by this act, arrives at the psychiatric emergency department of a participating hospital and when the temporary detention order evaluation is completed and (ii) the number of (a) admissions, (b) psychiatric emergency department visits, (c) temporary detention order evaluations completed, (d) temporary detention orders executed, (e) individuals under temporary detention admitted to the participating hospital, and (f) individuals transferred from the psychiatric emergency department of the participating hospital to a state facility.
(i) the length of time R between when a person who is the subject of an emergency custody order pursuant to § 37.2-808 E of the Code of Virginia, as amended by this act, arrives at the psychiatric emergency departmenE of a participating hospital and when the temporary detention order evaluation is completed and (ii) the number of (a) admissions, (b) psychiatric emergency department visits, (c) temporary N under temporary detention admitted to the participating hospital, and (f) individuals transferred from the psychiatric emergency department of the participating hospital to a state facility.
That participating hospitals with psychiatric emergency departments in the City of Hampton shall report monthly to the Commissioner of Behavioral Health and Developmental Services the number of (i) crisis evaluations conducted each month;
That participating hospitals with psychiatric emergency departments in the City of Hampton O shall report monthly to the Commissioner of Behavioral Health and Developmental Services the L number of (i) crisis evaluations conducted each month;
(ii) temporary detention orders executed as a result of such evaluations and the percentage of evaluations such temporary detention orders represent by payor type;
(ii) temporary detention orders executedLas a result of such evaluations and the percentage of evaluations such temporary detention orders and the percentage of temporary detention orders that such reportable events represent;
(iii) reportable events associated with such temporary detention orders and the percentage of temporary detention orders that such reportable events represent;
(iv)derE reportable events (a) involving loss of custody, (b) with and without an emergency custody order, (c) with a temporary detention order executed subsequently, (d) in which the individual subsequently became engaged in outpatient treatment, (e) in which the individual did not become engaged in treatment services, and (f) involving medical treatment;
(iv) reportable events (a) involving loss of custody, (b) with and without an emergency custody order, (c) with a temporary detention order executed subsequently, (d) in which the individual subsequently became engaged in outpatient treatment, (e) in which the individual did not become engaged in treatment services, and (f) involving medical treatment;
Such participating hospitals shall include in their monthly report the facility where each patient, classified by payor type, is placed for any temporary detention order that is executed based on their evaluation.
Such classified by payor type, is placed for any temporary detention order that is executed based on their evaluation.
That the Department of Behavioral Health and Developmental Services shall submit by December 15, 2024, to the Chairmen of the Senate Committees on Education and Health and Finance and Appropriations and the House Committees on Appropriations and Health and Human Services an interim report on the implementation of the provisions of this act and the impact of this act on the state hospital census.
That the Department of Behavioral Health and Developmental Services shall submit by December 15, 2024, to the Chairmen of the Senate Committees on Education and Health and S Finance and Appropriations and the House Committees on Appropriations and Health and Human 3 Services an interim report on the implementation of the provisions of this act and the impact oE 5.
5.
That the Department of Behavioral Health and Developmental Services shall submit by October 2 1, 2026, to the Senate Committee on Education and Health and the House Committee on Health and Human Services an evaluation of the overall effectiveness of certified evaluators conducting temporary detention order evaluations in lieu of employees or designees of the local community services board pursuant to this act.
That the Department of Behavioral Health and Developmental Services shall submit by October 1, 2026, to the Senate Committee on Education and Health and the House Committee on Health and Human Services an evaluation of the overall effectiveness of certified evaluators conducting temporary detention order evaluations in lieu of employees or designees of the local community services board pursuant to this act.
That pursuant to the provisions of this act, a certified evaluator shall conduct the temporary detention order evaluation in lieu of an employee or designee of the local community services of 13 board if the person subject to the temporary detention order evaluation is located in a hospital with a psychiatric emergency department in the City of Hampton.
That pursuant to the provisions of this act, a certified evaluator shall conduct the temporary board if the person subject to the temporary detention order evaluation is located in a hospital with a psychiatric emergency department in the City of Hampton.
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Action History

  1. Acts of Assembly Chapter text (CHAP0780)

  2. Enacted, Chapter 780 (effective 7/1/24)

  3. Signed by Speaker as reenrolled

  4. Signed by President as reenrolled

  5. Reenrolled bill text (SB34ER2)

  6. Reenrolled

  7. Governor's recommendation adopted

  8. VOTE: Adoption (91-Y 8-N)

  9. House concurred in Governor's recommendation (91-Y 8-N)

  10. Senate concurred in Governor's recommendation (40-Y 0-N)

  11. Governor's recommendation received by Senate

  12. Impact statement from DPB (SB34ER)

  13. Governor's Action Deadline 11:59 p.m., April 8, 2024

  14. Enrolled Bill Communicated to Governor on March 27, 2024

  15. Signed by Speaker

  16. Signed by President

  17. Bill text as passed Senate and House (SB34ER)

  18. Enrolled

  19. Title replaced 24108460D-H1

  20. House substitute with amendments agreed to by Senate (40-Y 0-N)

  21. VOTE: Passage (88-Y 11-N)

  22. Passed House with substitute with amendments (88-Y 11-N)\

  23. Engrossed by House - committee substitute with amendments SB34H1

  24. Amendments by Delegate Price agreed to

  25. Committee on Appropriations substitute agreed to 24108460D-H1

  26. Committee on Health and Human Services amendments rejected

  27. Read third time

  28. House committee, floor amendments and substitutes offered

  29. Passed by for the day

  30. Read third time

  31. Read second time

  32. Impact statement from DPB (SB34H1)

  33. Committee substitute printed 24108460D-H1

  34. Reported from Appropriations with substitute (21-Y 1-N)

  35. Referred to Committee on Appropriations

  36. Reported from Health and Human Services with amendment(s) (21-Y 0-N)

  37. House committee, floor amendments and substitutes offered

  38. Referred to Committee on Health and Human Services

  39. Referred from Courts of Justice

  40. Referred to Committee for Courts of Justice

  41. Read first time

  42. Placed on Calendar

  43. Impact statement from DPB (SB34ES1)

  44. Passed Senate (40-Y 0-N)

  45. Constitutional reading dispensed (40-Y 0-N)

  46. Printed as engrossed 24106740D-ES1

  47. Engrossed by Senate - committee substitute with amendments SB34ES1

  48. Committee amendments agreed to

  49. Reading of amendments waived

  50. Committee substitute agreed to 24106740D-S1

  51. Reading of substitute waived

  52. Read second time

  53. Constitutional reading dispensed (39-Y 0-N)

  54. Reported from Finance and Appropriations with amendments (15-Y 0-N)

  55. Impact statement from DPB (SB34S1)

  56. Rereferred to Finance and Appropriations

  57. Committee substitute printed 24106740D-S1

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

  59. Senate subcommittee amendments and substitutes offered

  60. Assigned Education and Health Sub: Health

  61. Impact statement from DPB (SB34)

  62. Referred to Committee on Education and Health

  63. Prefiled and ordered printed; offered 01/10/24 24101203D

Sponsors

Sponsorship breakdown

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1 sponsors · 0 co-sponsors · 147 not signed on · 12 voted No

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

VOTE: Adoption (91-Y 8-N)

Passed 90 Yea · 8 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 90801
Total 90801
% of votes cast 91%8%0%1%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Yea
Arnold, Jonathan, E. P. — Yea
Atoosa R. Reaser — Yea
Batten, Amanda E. — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Yea
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Nay
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Nay
Earley, Mark L., Jr. — Yea
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Yea
Ennis, N. Baxter — Yea
Eric Phillips — Yea
Eric R. Zehr — Nay
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Yea
Gilbert, C. Todd — Yea
Green, W. Chad — Yea
H. Otto Wachsmann, Jr. — Yea
Higgins, Geary — Yea
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Nay
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Yea
Joseph P. McNamara — Yea
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Yea
Knight, Barry D. — Not Voting
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Milde, Paul V. — Nay
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Yea
Orrock, Robert D., Sr. — Yea
Owen, David — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Nay
R. Lee Ware — Yea
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Nay
Thomas C. Wright, Jr. — Yea
Timothy P. Griffin — Nay
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wendell S. Walker — Yea
Will Davis — Yea
Wren M. Williams — Yea

Official roll call →

Senate concurred in Governor's recommendation (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

House substitute with amendments agreed to by Senate (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

VOTE: Passage (88-Y 11-N)

Passed 87 Yea · 11 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 871101
Total 871101
% of votes cast 88%11%0%1%
How each member voted (99)
Member Party Vote
Adele Y. McClure — Yea
Alex Q. Askew — Yea
Alfonso H. Lopez — Yea
Amy J. Laufer — Yea
Anne Ferrell Tata — Yea
Arnold, Jonathan, E. P. — Yea
Atoosa R. Reaser — Yea
Batten, Amanda E. — Not Voting
Betsy B. Carr — Yea
Bill Wiley — Yea
Bonita G. Anthony — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Chris S. Runion — Yea
Convirs-Fowler, Kelly K. — Yea
Cordoza, A.C. — Nay
Coyner, Carrie E. — Yea
Dan I. Helmer — Yea
David A. Reid — Yea
Debra D. Gardner — Yea
Delores L. McQuinn — Yea
Delores Oates — Nay
Earley, Mark L., Jr. — Yea
Elizabeth B. Bennett-Parker — Yea
Ellen H. McLaughlin — Yea
Ennis, N. Baxter — Nay
Eric Phillips — Yea
Eric R. Zehr — Nay
Fowler, Hyland F."Buddy," Jr. — Yea
Freitas, Nicholas J. — Nay
Gilbert, C. Todd — Yea
Green, W. Chad — Yea
H. Otto Wachsmann, Jr. — Yea
Higgins, Geary — Yea
Holly M. Seibold — Yea
Irene Shin — Yea
Israel D. O'Quinn — Yea
Jackie H. Glass — Yea
James A. "Jay" Leftwich — Nay
James W. Morefield — Yea
Jason S. Ballard — Yea
Jeion A. Ward — Yea
Joseph P. McNamara — Yea
Joshua E. Thomas — Yea
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Karen Keys-Gamarra — Yea
Karrie K. Delaney — Yea
Kathy K.L. Tran — Yea
Katrina Callsen — Yea
Kent, Hillary Pugh — Yea
Knight, Barry D. — Yea
Laura Jane Cohen — Yea
LeVere Bolling, Destiny — Yea
Lovejoy, Ian T. — Nay
Luke E. Torian — Yea
M. Keith Hodges — Yea
Maldonado, Michelle Lopes — Yea
Marcia S. "Cia" Price — Yea
Marcus B. Simon — Yea
Marshall, Daniel W., III — Yea
Marty Martinez — Yea
Michael B. Feggans — Yea
Michael J. Jones — Yea
Michael J. Webert — Yea
Mike A. Cherry — Yea
Milde, Paul V. — Nay
Mundon King, Candi — Yea
Nadarius E. Clark — Yea
Obenshain, Chris — Yea
Orrock, Robert D., Sr. — Yea
Owen, David — Yea
Patrick A. Hope — Yea
Paul E. Krizek — Yea
Phil M. Hernandez — Yea
Phillip A. Scott — Nay
R. Lee Ware — Yea
Rae Cousins — Yea
Richard C. "Rip" Sullivan, Jr. — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Yea
Shelly A. Simonds — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Yea
Terry G. Kilgore — Yea
Terry L. Austin — Yea
Thomas A. Garrett, Jr. — Nay
Thomas C. Wright, Jr. — Yea
Timothy P. Griffin — Nay
Tony O. Wilt — Yea
Vivian E. Watts — Yea
Wendell S. Walker — Yea
Will Davis — Yea
Wren M. Williams — Yea

Official roll call →

Reported from Appropriations with substitute (21-Y 1-N)

Passed 21 Yea · 1 Nay
Party YeaNayPresentNot Voting
Unaffiliated 21100
Total 21100
% of votes cast 95%5%0%0%
How each member voted (22)
Member Party Vote
Alex Q. Askew — Yea
Anne Ferrell Tata — Yea
Betsy B. Carr — Yea
Bill Wiley — Yea
Briana D. Sewell — Yea
Bulova, David L. — Yea
C.E. Cliff Hayes, Jr. — Yea
Coyner, Carrie E. — Yea
David A. Reid — Yea
Delores L. McQuinn — Yea
Ellen H. McLaughlin — Yea
James W. Morefield — Yea
Luke E. Torian — Yea
M. Keith Hodges — Yea
Marshall, Daniel W., III — Nay
Paul E. Krizek — Yea
Robert S. Bloxom, Jr. — Yea
Rodney T. Willett — Yea
Sam Rasoul — Yea
Scott A. Wyatt — Yea
Sickles, Mark D. — Yea
Terry L. Austin — Yea

Official roll call →

Reported from Health and Human Services with amendment(s) (21-Y 0-N)

Passed 21 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 21001
Total 21001
% of votes cast 95%0%0%5%
How each member voted (22)
Member Party Vote
C.E. Cliff Hayes, Jr. — Yea
Charniele L. Herring — Yea
Debra D. Gardner — Yea
Ennis, N. Baxter — Yea
H. Otto Wachsmann, Jr. — Yea
Higgins, Geary — Yea
Irene Shin — Not Voting
Joshua G. Cole — Yea
Kannan Srinivasan — Yea
Kathy K.L. Tran — Yea
M. Keith Hodges — Yea
Marcia S. "Cia" Price — Yea
Mike A. Cherry — Yea
Orrock, Robert D., Sr. — Yea
Owen, David — Yea
Patrick A. Hope — Yea
Phillip A. Scott — Yea
Rodney T. Willett — Yea
Rozia A. Henson, Jr. — Yea
Sickles, Mark D. — Yea
Taylor, Kim A. — Yea
Wendell S. Walker — Yea

Official roll call →

Passed Senate (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed (40-Y 0-N)

Passed 40 Yea · 0 Nay
Party YeaNayPresentNot Voting
Unaffiliated 40000
Total 40000
% of votes cast 100%0%0%0%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Yea
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Constitutional reading dispensed (39-Y 0-N)

Passed 39 Yea · 0 Nay · 1 Other
Party YeaNayPresentNot Voting
Unaffiliated 39001
Total 39001
% of votes cast 98%0%0%3%
How each member voted (40)
Member Party Vote
Aaron R. Rouse — Yea
Angelia Williams Graves — Yea
Barbara A. Favola — Yea
Bill DeSteph — Yea
Bryce E. Reeves — Yea
Carroll Foy, Jennifer D. — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
Danica A. Roem — Yea
David R. Suetterlein — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Emily M. Jordan — Yea
Glen H. Sturtevant, Jr. — Not Voting
Hashmi, Ghazala F. — Yea
J.D. "Danny" Diggs — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
Mark J. Peake — Yea
McGuire, John J., III — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Russet Perry — Yea
Ryan T. McDougle — Yea
Saddam Azlan Salim — Yea
Schuyler T. VanValkenburg — Yea
Scott A. Surovell — Yea
Stella G. Pekarsky — Yea
Subramanyam, Suhas — Yea
T. Travis Hackworth — Yea
Tammy Brankley Mulchi — Yea
Tara A. Durant — Yea
Timmy French — Yea
Todd E. Pillion — Yea
William M. Stanley, Jr. — Yea

Official roll call →

Reported from Finance and Appropriations with amendments (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
Barbara A. Favola — Yea
Bryce E. Reeves — Yea
David W. Marsden — Yea
Ebbin, Adam P. — Yea
Hashmi, Ghazala F. — Yea
Jennifer B. Boysko — Yea
Jeremy S. McPike — Yea
L. Louise Lucas — Yea
Mamie E. Locke — Yea
Mark D. Obenshain — Yea
R. Creigh Deeds — Yea
Richard H. Stuart — Yea
Ryan T. McDougle — Yea
Scott A. Surovell — Yea
Todd E. Pillion — 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
Barbara A. Favola — Yea
Christie New Craig — Yea
Christopher T. Head — Yea
David R. Suetterlein — Yea
Hashmi, Ghazala F. — Yea
Jennifer B. Boysko — Yea
L. Louise Lucas — Yea
Lamont Bagby — Yea
Lashrecse D. Aird — Yea
Mamie E. Locke — Yea
Mark J. Peake — Yea
Schuyler T. VanValkenburg — Yea
Stella G. Pekarsky — Yea
Tara A. Durant — Yea
Todd E. Pillion — Yea

Official roll call →

Subjects

public-safety healthcare
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Frequently asked questions

What does SB 34 do?
Temporary detention; certified evaluators; report. Authorizes hospitals with a psychiatric emergency department located in the City of Hampton to employ certain trained individuals to perform evaluations to determine whether a person meets the criteria for temporary detention for behavioral health treatment. The bill requires participating hospitals with psychiatric emergency departments in the City of Hampton to annually report the length of time between when a person who is the subject of an emergency custody order arrives at the psychiatric emergency department of a participating hospital and when the temporary detention order evaluation is completed and (ii) the number of (a) admissions, (b) psychiatric emergency department visits, (c) temporary detention order evaluations completed, (d) temporary detention orders executed, (e) individuals under temporary detention admitted to the participating hospital, and (f) individuals transferred from the psychiatric emergency department of the participating hospital to a state facility to the Senate Committee on Education and Health, the House Committee on Health and Human Services, and the Behavioral Health Commission. The bill requires participating hospitals with psychiatric emergency departments in the City of Hampton to report monthly to the Commissioner of Behavioral Health and Developmental Services the number of (a) crisis evaluations conducted each month; (b) temporary detention orders executed as a result of such evaluations and the percentage of evaluations such temporary detention orders represent; (c) reportable events associated with such temporary detention orders and the percentage of temporary detention orders that such reportable events represent; (d) certain reportable events; and (e) other events. The bill requires the Department of Behavioral Health and Developmental Services to submit by October 1, 2026, to the Senate Committee on Education and Health and the House Committee on Health and Human Services an evaluation of the overall effectiveness of certified evaluators conducting temporary detention order evaluations pursuant to the bill. The bill has an expiration date of July 1, 2026.
Who sponsors SB 34?
SB 34 is sponsored by Mamie E. Locke.
What is the current status of SB 34?
This bill has been enacted into law. Introduced December 16, 2023. Enacted.
Where can I track SB 34?
Track SB 34 free on One Click Politics — get push/email alerts when it moves.

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