Wednesday, July 9, 2008
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Search 2008 Bills:

HB1491: Temporary detention order; shall not exceed 96 hours.

Chief Patron

Del. Dave Nutter (R-7)

Dave Nutter (R-7)
Christiansburg, VA
Served: 2002–

Progress

Yes Introduced
No Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law

Status

02/12/2008: Failed to Pass in Committee

View Entire History

Summary

Temporary detention orders; duration.  Provides that the duration of temporary detention shall not exceed 96 hours. 

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Video

Votes were cast on this bill on the following dates for which Richmond Sunlight has video: 01/17/2008, 01/31/2008, 02/08/2008, 02/08/2008 and 02/12/2008.

Comments

R P McMurphy writes:

THIS IS UNCONSCIONABLE! I strongly oppose this bill.

May I remind you 96 hours is 4 DAYS! These agencies are already authorized two "working days" (48 Hours). And the law specifically excludes weekends and holidays. Guess these agencies don't want to be inconvenienced. So may I ask “Where is the concern for the "inconvenience" of a detained person?”

May I add the detained person is typically imprisoned in an overbearing and depersonalizing institutional setting with all of its "turning one's life upside down" aspects during this period. For example, in my case, I was forcibly separated from my wife, not allowed to see her again, not allowed to contact her, and not even allowed to say goodbye to her, much less guarantee she was adequately settled in a room. I was literally thrown out of the hospital. AND THIS WAS BEFORE A COMMITMENT HEARING.

May I add the criterion for a TDO is barn door wide and exceedingly ambiguous. Indeed, it seems daring to disagree with a prescreener is in and of itself a cause for a TDO under the "incapable or unwilling to volunteer for treatment" criterion.

As such, the current two day limit is more than sufficient to determine if there is sufficient cause to commit. Indeed, if such information is not sufficiently researchable within two days, it seems unlikely the criterion for commitment will be met with further research. Is not the purpose of commitment to provide a "safe and secure environment" for a current "crisis" and not an opportunity for our big brother nanny state to go over a person's life with a fine tooth comb?

May I suggest these lackadaisical CSB employees get off of their rears and do their job with the proper mindset that they are grossly disrupting a detained person 's life and are grossly violating a detained person 's basic human and civil rights.

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Bill Text

Related Bills

  • SB273
    Introduced: January 08, 2008
    Status: in subcommittee
    : Emergency custody orders, temporary detention orders, etc.; eliminates & adds requirements.
  • SB16
    Introduced: December 12, 2007
    Status: Failed to Pass in Committee
    : Crisis intervention team pilot programs; established for persons with mental illness, report.
  • SB60
    Introduced: December 21, 2007
    Status: In Committee
    : Involuntary commitment; criteria.
  • SB79
    Introduced: December 26, 2007
    Status: in subcommittee
    : Independent examiner; records to be reviewed.
  • HB401
    Introduced: January 04, 2008
    Status: signed by governor
    : Emergency custody; who may accept custody.
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