CHAPTER 523
An Act to review the procedures for implementation of temporary detention
orders.
[H 2698]
Approved March 16, 2003
Be it enacted by the General Assembly of Virginia:
1. § 1. Civil commitment procedures.
A. In order to assist the courts and other participating parties in the uniform
and effective operation of the Commonwealth's involuntary civil commitment
statutes, except those statutes governing the civil commitment of sexually
violent predators, the Secretary of Public Safety, in consultation with the
Secretary of Health and Human Resources and the Executive Secretary of the
Supreme Court, shall appoint a committee on civil commitment procedures to
establish statewide policies and guidelines that identify the party or parties
responsible for the safety and security of individuals who are the subject of
or who participate in involuntary detention and admission activities. These
activities include transportation; custody of persons under judicial orders;
medical evaluation, screening and treatment; and detention services. Such
policies and guidelines shall recognize the varying resources of localities and
the varying conditions and needs of individuals subject to temporary detention
orders and protect their security; protect the security of patients, staff and
employees of facilities providing emergency medical evaluation, treatment or
detention services; and be consistent with the requirements of the Emergency
Medical Treatment and Active Labor Act, 42 U.S.C. § 1395dd, as amended, and its
implementing regulations.
B. The committee shall include representatives of the agencies in the
secretariats that are involved in these activities; community services boards;
general district courts, including magistrates and special justices;
law-enforcement agencies, including police and sheriffs' departments;
facilities and practitioners providing emergency medical evaluations, treatment
or temporary detention; state mental health facilities; local governments; and
other entities, as necessary.
C. The committee shall report these policies and guidelines to the Secretaries
by October 1, 2003, and include recommendations for any legislative actions
needed to implement the policies and guidelines. These policies and guidelines
shall be used by the applicable local representatives or counterparts of the
agencies and organizations represented on the committee to develop local
procedures. Such representatives or counterparts shall review the local
procedures at least annually and revise them as necessary.
2. That the provisions of this act shall expire on July 1, 2004.