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HB559: Emergency custody orders, temporary detention orders, and involuntary commitment; criteria.

Chief Patron

Del. Rob Bell (R-58)

Rob Bell (R-58)
Charlottesville, VA
Served: 2002–

Progress

Yes Introduced
Yes Passed Committee
Yes Passed House
Yes Passed Senate
Yes Signed by Governor
Yes Became Law

Status

04/02/2008: signed by governor

View Entire History

Summary

ECO, TDO, involuntary commitment; criteria. Changes the criteria for emergency custody orders, temporary detention orders, juveniles and involuntary commitment, including how that criteria is applied to prisoners and juveniles, so that a person may be taken into custody, temporarily detained, or involuntarily committed if the person is mentally ill and there exists a substantial likelihood that the person will, in the near future, cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening such harm or has been proven to be so seriously mentally ill as to be unable to care for himself.

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Video

Votes were cast on this bill on the following dates for which Richmond Sunlight has video: 01/10/2008, 01/22/2008, 01/22/2008, 01/25/2008, 01/28/2008, 01/29/2008, 01/29/2008, 02/11/2008, 02/12/2008, 02/13/2008, 02/13/2008, 02/14/2008, 02/14/2008, 02/15/2008, 02/15/2008, 02/29/2008, 03/07/2008, 03/07/2008 and 03/11/2008.

Comments

Alison Hymes writes:

There are no voluntary beds left in the state hospital system and on many days of the year under the existing criteria there are no community or private hospital psychiatric beds in the entire state either. Where are the additional committed citizens going to go and how will anyone ever enter a psych. unit voluntarily if this bill is passed?

R P McMurphy writes:

I strongly oppose this bill. The standard for involuntary commitment should be stringent. The standard for involuntary commitment should be based upon "present reality", and not on "supposed potential". And by the way, the current standard is not as stringent as the proponents of this bill would like one to believe.

Involuntary commitment is indeed a gross violation of one’s basic civil and human rights. As such, there must be gross justification for this gross infringement. This demands “stringent thresholds”. The nanny state mindset of "Better safe than sorry." is unconscionable and must be replaced with "beyond all reasonable doubt". Indeed, I am appalled at the nonchalant and cavalier attitude toward locking people up that is typically displayed by the employees of the state mental health system.

It is particularly reprehensible that the evaluation of this standard is based entirely upon the opinions of practitioners of an entirely subjective and ambiguous pseudoscience whose inherently high potential for misdiagnosis's is not even given lip service by these practitioners. Psychiatry has no objective verifiable or repeatable "standards". "Diagnosis's" are completely dependent upon subjective and open to interpretation clinical interviews. In a forced setting, these "clinical interviews" are obviously in a stressful and adversarial setting. This is hardly what one would call a productive doctor - patient relationship, especially for a so called profession supposedly built upon listening and trust building. Yet this potential for misdiagnosis and misunderstanding is absolutely missing from these psychiatrist's train of thoughts. People "diagnosed" with mental illness are automatically and infallibly assumed to have the said mental illness. I charge the power the state gives to these people only reinforces their overbearing Chicken Little mentalities.

Hard to believe this is really America. Hard to believe this state was a birthplace for liberty and individual rights. How dare this regression be called reform.

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Bill Text

Related Bills

  • SB144
    Introduced: January 04, 2008
    Status: in subcommittee
    : Emergency custody orders, temporary detention orders, and involuntary commitment; criteria.
  • HB1059
    Introduced: January 09, 2008
    Status: in subcommittee
    : Emergency custody orders, temporary detention orders, and involuntary commitment; criteria.
  • SB86
    Introduced: December 26, 2007
    Status: Failed to Pass in Committee
    : Involuntary commitment hearings; third-year law students may represent petitioner.
  • SB129
    Introduced: January 03, 2008
    Status: in subcommittee
    : Emergency custody orders, temporary detention orders, and involuntary commitment; criteria.
  • HB267
    Introduced: January 02, 2008
    Status: Failed to Pass in Committee
    : Involuntary admission; court determines petitioner is indigent, court shall appoint counsel.
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