Temporary detention; notice of recommendation, communication with magistrate. (SB567)
Introduced By
Sen. George Barker (D-Alexandria)
Progress
✓ |
Introduced |
✓ |
Passed Committee |
✓ |
Passed House |
✓ |
Passed Senate |
☐ |
Signed by Governor |
☐ |
Became Law |
Description
Temporary detention; notice of recommendation; communication with magistrate. Provides that the magistrate conducting a temporary detention hearing shall consider, if available, the recommendations of the person's personal representative and relatives. The bill also requires the community services board evaluating a person for temporary detention, if the evaluation recommends that the person not be subject to temporary detention, (i) to notify the person's personal representative of such recommendation in addition to the current obligation to notify the petitioner and an onsite treating physician; (ii) to include in such evaluation any contrary recommendations, if available, by the person's personal representative, relatives, or treating or examining physician; and (iii) to arrange for the petitioner to communicate with the magistrate prior to taking action on the petition for temporary detention. Finally, the bill imposes a duty on health care providers providing services to a person subject to emergency custody, temporary detention, or involuntary admission proceedings to make a reasonable attempt to notify the person's family member or personal representative and clarifies that such representative includes an agent named in an advance directive; currently, such health care provider has discretion as to whether to make such notification. Read the Bill »
Status
03/05/2016: Passed the General Assembly
History
| Date | Action |
|---|---|
| 01/13/2016 | Prefiled and ordered printed; offered 01/13/16 16103565D |
| 01/13/2016 | Referred to Committee for Courts of Justice |
| 02/03/2016 | Impact statement from DPB (SB567) |
| 02/10/2016 | Reported from Courts of Justice with substitute (9-Y 4-N 2-A) (see vote tally) |
| 02/10/2016 | Committee substitute printed 16105445D-S1 |
| 02/12/2016 | Constitutional reading dispensed (39-Y 0-N) (see vote tally) |
| 02/15/2016 | Read second time |
| 02/15/2016 | Passed by temporarily |
| 02/15/2016 | Reading of substitute waived |
| 02/15/2016 | Committee substitute agreed to 16105445D-S1 |
| 02/15/2016 | Reading of amendments waived |
| 02/15/2016 | Amendments by Senator Barker agreed to |
| 02/15/2016 | Engrossed by Senate - committee substitute with amendments SB567ES1 |
| 02/15/2016 | Printed as engrossed 16105445D-ES1 |
| 02/15/2016 | Constitutional reading dispensed (40-Y 0-N) (see vote tally) |
| 02/15/2016 | Passed Senate (34-Y 5-N) (see vote tally) |
| 02/17/2016 | Placed on Calendar |
| 02/17/2016 | Read first time |
| 02/17/2016 | Referred to Committee for Courts of Justice |
| 02/17/2016 | Assigned Courts sub: Mental Health |
| 02/19/2016 | Subcommittee recommends reporting with amendment(s) (6-Y 0-N) |
| 02/24/2016 | Reported from Courts of Justice with amendments (22-Y 0-N) (see vote tally) |
| 02/25/2016 | Read second time |
| 02/26/2016 | Read third time |
| 02/26/2016 | Committee amendments agreed to |
| 02/26/2016 | Engrossed by House as amended |
| 02/26/2016 | Passed House with amendments BLOCK VOTE (97-Y 0-N) |
| 02/26/2016 | VOTE: BLOCK VOTE PASSAGE (97-Y 0-N) (see vote tally) |
| 03/01/2016 | House amendments agreed to by Senate (34-Y 5-N) (see vote tally) |
| 03/02/2016 | Enrolled |
| 03/02/2016 | Bill text as passed Senate and House (SB567ER) |
| 03/02/2016 | Signed by Speaker |
| 03/05/2016 | Signed by President |
| 03/07/2016 | G Governor's Action Deadline Midnight, Monday, April 11, 2016 |
| 03/07/2016 | Enrolled Bill Communicated to Governor on 3/7/2016 |
| 03/07/2016 | G Governor's Action Deadline Midnight, Sunday, April 10, 2016 |
Video
This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 4 clips in all, totaling 5 minutes.
Transcript
This is a transcript of the video clips in which this bill is discussed.
Del. Bill Howell (R-Fredericksburg): BILL 313 PASS. ALL IN FAVOR OF THE MOTION WILLS AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CH ANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.
[Unknown]: AYES 38, NOS 2. AYES 38, NOS 2. THE BILL PASSES. SENATE BILL 567. SENATOR FROM SOUTHERN FAIRFAX COUNTY, SENATOR BARKER.
Sen. George Barker (D-Alexandria): MR. PRESIDENT, I MOVE THAT THE BILL PASS AND SPEAKING TO THE BILL.
[Unknown]: THE SENATOR HAS THE FLOOR.
Sen. George Barker (D-Alexandria): MR. PRESIDENT, THIS IS THE BILL WE AMENDED JUST A LITTLE BIT AGO CHANGES THE PROCESS FOR SOMEONE SUBJECT TO AN EMERGENCY CUSTODY ORDER AND HAVING A HEARING BEFORE A MAGISTRATE AND PROVIDES THAT THE IMAGINE STRAIGHT WHEN MAKING A DECISION AS TO WHETHER TO ORDER A TEMPORARY DETENTION ORDER SHALL CONSIDER THE RECOMMENDATIONS AND FINDINGS FROM THE STAFF PERSON FROM THE COMMUNITY SERVICES BOARD DESIGNEE AND TREATING PHYSICIAN.
[Unknown]: HOUSE AMENDMENT. SENATE BILL 567 PASSED THE HOUSE WITH AMENDMENT. SENATOR FROM SOUTHERN FAIRFAX COUNTY, SENATOR BARKER. MR. PRESIDENT, I MOVE THAT WE CONCUR WITH THE HOUSE AMENDMENT. THIS IS A BILL THAT DEALS WITH THE DETENTION AND COMMITMENT PROCESS FOR THOSE PEOPLE IN MENTAL HEALTH SITUATIONS. IT WAS THE RECOMMENDATION OF THE LEGISLATIVE SUBCOMMITTEE DEALING WITH MENTAL HEALTH SERVICES IN THE 21st CENTURY, THERE ARE THREE AMENDMENTS, TWO ARE SIMPLY LANGUAGE LINE AMENDMENTS AND THE OTHER ONE SIMPLY ADDS LAW ENFORCEMENT OR THE DESIGNEE OF THE LAW ENFORCEMENT ENTITY, SO I HOPE IT WOULD BE THE PLEASURE OF THE BODY TO ADOPT THE AMENDMENT.
Del. Bill Howell (R-Fredericksburg): THANK YOU, SENATOR. THE QUESTION IS SHALL THE SENATE CONCUR WITH THE HOUSE RECORD THEIR VOTES AYE, THOSE OPPOSED NO. ARE THE SENATORS READY TO VOTE? HAVE ALL THE SENATORS VOTED? DO ANY SENATORS DESIRE TO CHANGE THEIR VOTE? THE CLERK WILL CLOSE THE ROLL.
[Unknown]: AYES 34, NOS 5. AYES 34, NOS 5. THE SENATE CONCURS WITH THE HOUSE AMENDMENT. SENATE BILL 590 PASSED THE HOUSE WITH AMENDMENT. SENATOR FROM ROCKINGHAM, SENATOR OBENSHAIN. MR. PRESIDENT, I MOVE THAT