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
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Introduced |
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Passed Committee |
 |
Passed House |
 |
Passed Senate |
 |
Signed by Governor |
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Became Law |
Status
04/02/2008: signed by governor
View Entire History
- 01/07/2008 Committee
- 01/07/2008 Prefiled and ordered printed; offered 01/09/08 081455432
- 01/07/2008 Referred to Committee for Courts of Justice
- 01/10/2008 Assigned Courts sub: Mental Health
- 01/22/2008 Impact statement from DPB (HB559)
- 01/25/2008 Reported from Courts of Justice (22-Y 0-N)
- 01/25/2008 Reported from Courts of Justice with substitute (22-Y 0-N) (see vote tally)
- 01/25/2008 Referred to Committee on Appropriations
- 01/28/2008 Committee substitute printed 081465432-H1
- 01/29/2008 Assigned App. sub: Health & Human Resources (Hamilton)
- 02/08/2008 Reported from Appropriations (24-Y 0-N) (see vote tally)
- 02/09/2008 Read first time
- 02/11/2008 Read second time
- 02/11/2008 Committee substitute agreed to 081465432-H1
- 02/11/2008 Engrossed by House - committee substitute HB559H1
- 02/12/2008 Read third time and passed House BLOCK VOTE (98-Y 0-N)
- 02/12/2008 VOTE: BLOCK VOTE PASSAGE (98-Y 0-N) (see vote tally)
- 02/12/2008 Communicated to Senate
- 02/13/2008 Constitutional reading dispensed
- 02/13/2008 Referred to Committee for Courts of Justice
- 02/14/2008 Assigned Courts sub: Special on Proposed Mental Health Legislation
- 02/15/2008 Impact statement from DPB (HB559H1)
- 02/28/2008 Reported from Courts of Justice with substitute (15-Y 0-N) (see vote tally)
- 02/29/2008 Committee substitute printed 089602248-S1
- 03/03/2008 Constitutional reading dispensed (40-Y 0-N) (see vote tally)
- 03/04/2008 Read third time
- 03/04/2008 Committee substitute rejected 089602248-S1
- 03/04/2008 Floor substitute printed 089660432-S2 (Cuccinelli)
- 03/04/2008 Passed by temporarily
- 03/04/2008 Reading of substitute waived
- 03/04/2008 Substitute by Senator Cuccinelli agreed to 089660432-S2
- 03/04/2008 Engrossed by Senate - floor substitute HB559S2
- 03/04/2008 Passed Senate with substitute (40-Y 0-N) (see vote tally)
- 03/05/2008 Placed on Calendar
- 03/05/2008 Senate substitute agreed to by House 089660432-S2 (99-Y 0-N)
- 03/05/2008 VOTE: --- ADOPTION (99-Y 0-N) (see vote tally)
- 03/07/2008 Enrolled
- 03/07/2008 Bill text as passed House and Senate (HB559ER)
- 03/07/2008 Signed by Speaker
- 03/09/2008 Signed by President
- 03/11/2008 Impact statement from DPB (HB559ER)
- 04/02/2008 G Approved by Governor-Chapter 779 (effective 7/1/08)
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.
View Full Text »
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.
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Bill Text
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Comments
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?
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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