Bill Text: VA SB653 | 2024 | Regular Session | Introduced
Bill Title: State psychiatric hospitals; temporary detention orders, delayed admission to determine med. needs.
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2024-01-29 - Stricken at request of Patron in Courts of Justice (12-Y 0-N) [SB653 Detail]
Download: Virginia-2024-SB653-Introduced.html
Be it enacted by the General Assembly of Virginia:
1. That §§16.1-340.1:1 and 37.2-809.1 of the Code of Virginia are amended and reenacted as follows:
§16.1-340.1:1. Facility of temporary detention.
A. In each case in which an employee or designee of the local community services board is required to make an evaluation of a minor pursuant to subsection B, G, or H of §16.1-340, an employee or designee of the local community services board shall, upon being notified of the need for such evaluation, contact the state facility for the area in which the community services board is located and notify the state facility that the minor will be transported to the facility upon issuance of a temporary detention order if no other facility of temporary detention can be identified by the time of the expiration of the period of emergency custody pursuant to §16.1-340. Upon completion of the evaluation, the employee or designee of the local community services board shall convey to the state facility information about the minor necessary to allow the state facility to determine the services the minor will require upon admission.
B. A state facility is authorized to delay admission of a minor who is under a temporary detention order until the state facility has determined that the minor does not have potentially life-threatening medical needs that require immediate evaluation and treatment that the state facility is incapable of providing.
B. C. A state facility may,
following the notice in accordance with subsection A, conduct a search for an
alternative facility that is able and willing to provide temporary detention
and appropriate care to the minor, which may include another state facility if
the state facility notified in accordance with subsection A is unable to
provide temporary detention and appropriate care for the minor. Under no
circumstances, other than those
specified in this section, shall a state facility fail or
refuse to admit a minor who meets the criteria for temporary detention pursuant
to §16.1-340.1 unless an alternative facility that is able to provide temporary
detention and appropriate care agrees to accept the minor for temporary
detention, and the minor shall not during the duration of the temporary
detention order be released from custody except for purposes of transporting
the minor to the state facility or alternative facility in accordance with the
provisions of §16.1-340.2. If an alternative facility is identified and agrees
to accept the minor for temporary detention, the state facility shall notify
the community services board, and an employee or designee of the community
services board shall designate the alternative facility on the prescreening
report.
C. D. The facility of temporary
detention designated in accordance with this section shall be one that has been
approved pursuant to regulations of the State Board of Behavioral Health and
Developmental Services.
§37.2-809.1. Facility of temporary detention.
A. In each case in which an employee or designee of the local community services board as defined in §37.2-809 is required to make an evaluation of an individual pursuant to subsection B, G, or H of §37.2-808, an employee or designee of the local community services board shall, upon being notified of the need for such evaluation, contact the state facility for the area in which the community services board is located and notify the state facility that the individual will be transported to the facility upon issuance of a temporary detention order if no other facility of temporary detention can be identified by the time of the expiration of the period of emergency custody pursuant to § 37.2-808. Upon completion of the evaluation, the employee or designee of the local community services board shall convey to the state facility information about the individual necessary to allow the state facility to determine the services the individual will require upon admission.
B. A state facility is authorized to delay admission of an individual who is under a temporary detention order until the state facility has determined that the individual does not have potentially life-threatening medical needs that require immediate evaluation and treatment that the state facility is incapable of providing.
B. C. A state facility may,
following the notice in accordance with subsection A, conduct a search for an
alternative facility that is able and willing to provide temporary detention
and appropriate care to the individual, which may include another state
facility if the state facility notified in accordance with subsection A is
unable to provide temporary detention and appropriate care for the individual.
Under no circumstances, other than those
specified in this section, shall a state facility fail or
refuse to admit an individual who meets the criteria for temporary detention
pursuant to §37.2-809 unless an alternative facility that is able to provide
temporary detention and appropriate care agrees to accept the individual for
temporary detention and the individual shall not during the duration of the
temporary detention order be released from custody except for purposes of
transporting the individual to the state facility or alternative facility in
accordance with the provisions of §37.2-810. If an alternative facility is
identified and agrees to accept the individual for temporary detention, the
state facility shall notify the community services board, and an employee or
designee of the community services board shall designate the alternative
facility on the prescreening report.
C. D. A state facility may conduct
a search for an alternative facility that is able and willing to provide
temporary detention and appropriate care to the individual in accordance with
subsection B if the individual is in the custody of an alternative
transportation provider.
D. E. The facility of temporary
detention designated in accordance with this section shall be one that has been
approved pursuant to regulations of the Board.
