Involuntary temporary detention order; hearing after execution. (SB85)

Introduced By

Sen. Janet Howell (D-Reston)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Involuntary temporary detention order; hearing to be held no less than 24 and no more than 72 hours after execution. Provides that a hearing for involuntary commitment shall be held no less than 24 hours but no more than 72 hours after execution of a temporary detention order.   Read the Bill »


Bill Has Failed


01/05/2010Prefiled and ordered printed; offered 01/13/10 10101416D
01/05/2010Referred to Committee for Courts of Justice
01/29/2010Assigned Courts sub: Mental Health
02/04/2010Impact statement from DPB (SB85)
02/08/2010Continued to 2011 in Courts of Justice (13-Y 1-N) (see vote tally)


Jack Ford writes:

Research in Virginia has shown that hearings held within 24 hours lead to involuntary commitment in close to 100% of cases. Making facilities wait 24 hours is a very good idea and will lead to fairer hearings, more chance of due process, reaching an independent lawyer and witnesses for the respondent, calls to family etc.

Extending to 72 hours the TDO hold will be expensive and may lead to TDO's being used for short hospital stays since the state pays for TDO's but not for voluntary admissions. More incentive for the use of TDO's which have already gone up is not of benefit to anyone. Catch and release is already the order of the day in many parts of this state and it is a violation of civil rights to use this process which traumatizes and gives a permanent record barring from certain jobs in order to save hospitals money.

Jack Ford writes:

Bill has failed, so much for progress in due process and civil rights.