Temporary detention; observation, testing, or treatment. (SB738)

Introduced By

Sen. Creigh Deeds (D-Charlottesville)

Progress

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

Description

Temporary detention for observation and treatment. Clarifies that a person can be subject to a temporary detention order for observation and treatment related to intoxication where the person is located, upon a finding that (i) probable cause exists to believe the person is incapable of making or communicating an informed decision regarding treatment due to intoxication and (ii) the medical standard of care calls for observation, testing, or treatment within the next 24 hours to prevent injury, disability, death, or other harm to the individual resulting from such intoxication. The bill limits the duration of such temporary detention to 24 hours. The bill provides that a person subject to emergency custody due to a mental illness shall remain in custody until (a) a temporary detention order is issued in accordance with § 37.2-809; (b) an order for temporary detention for observation, testing, or treatment is entered in accordance with § 37.2-1104, ending law-enforcement custody; (c) the person is released; or (d) the emergency custody order expires. The bill directs the Department of Behavioral Health and Developmental Services to convene a work group to develop standard policies and procedures regarding medical temporary detention orders. This bill is identical to HB 1452. Read the Bill »

Outcome

Bill Has Passed

History

DateAction
01/08/2020Prefiled and ordered printed; offered 01/08/20 20105059D
01/08/2020Referred to Committee on Education and Health
01/17/2020Assigned Education sub: Health
01/27/2020Impact statement from DPB (SB738)
01/30/2020Reported from Education and Health with substitute (15-Y 0-N) (see vote tally)
01/30/2020Committee substitute printed 20106084D-S1
01/30/2020Rereferred to Finance and Appropriations
02/04/2020Reported from Finance and Appropriations (16-Y 0-N) (see vote tally)
02/05/2020Impact statement from DPB (SB738S1)
02/05/2020Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/06/2020Read second time
02/06/2020Reading of substitute waived
02/06/2020Committee substitute agreed to 20106084D-S1
02/06/2020Engrossed by Senate - committee substitute SB738S1
02/06/2020Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/06/2020Read third time and passed Senate (40-Y 0-N) (see vote tally)
02/13/2020Placed on Calendar
02/13/2020Read first time
02/13/2020Referred to Committee on Health, Welfare and Institutions
02/18/2020Reported from Health, Welfare and Institutions (22-Y 0-N) (see vote tally)
02/20/2020Read second time
02/21/2020Read third time
02/21/2020Passed House BLOCK VOTE (98-Y 0-N)
02/21/2020VOTE: Block Vote Passage (98-Y 0-N) (see vote tally)
02/26/2020Enrolled
02/26/2020Bill text as passed Senate and House (SB738ER)
02/27/2020Signed by President
02/27/2020Signed by Speaker
02/28/2020Impact statement from DPB (SB738ER)
03/04/2020G Governor's Action Deadline 11:59 p.m., April 6, 2020
03/04/2020Enrolled Bill Communicated to Governor on March 4, 2020
03/04/2020G Governor's Action Deadline 11:59 p.m., March 11, 2020
03/10/2020Governor's recommendation received by Senate
04/22/2020Senate concurred in Governor's recommendation (39-Y 1-N) (see vote tally)
04/22/2020House concurred in Governor's recommendation (92-Y 0-N)
04/22/2020VOTE: (92-Y 0-N)
04/22/2020G Governor's recommendation adopted
04/22/2020Reenrolled
04/22/2020Reenrolled bill text (SB738ER2)
04/22/2020Signed by President as reenrolled
04/22/2020Signed by Speaker as reenrolled
04/22/2020Enacted, Chapter 1267 (effective 7/1/20)
04/22/2020G Acts of Assembly Chapter text (CHAP1267)
05/01/2020VOTE: (92-Y 0-N)

Comments

Phillip A. Sullivan writes:

Who is supposed to wait with these people while we wait for them to sober up? Police? Sheriff's deputies? Are you going to fund additional officers for localities to do this? How do you expect a department of two or three officers to maintain custody for twenty-four hours?

Don't' drunk people usually talk about suicide and then change their minds once sober? Yes, they do. This bill does nothing but increase the risk to officers and ER staff. We all know how much drunks like to be with law enforcement. You will end up with drunks assaulting staff in the ER and going to jail anyway.