Virginia SB 738: Temporary detention; observation, testing, or treatment.

Bill Text

Bill Tracking - 2020 session > Legislation 

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2020 SESSION

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CHAPTER 1267 

An Act to amend and reenact �� 37.2-808 and 37.2-1104 of the 
Code of Virginia, relating to temporary detention for observation and 
treatment. 

[S 738] 

Approved April 22, 2020 

Be it enacted by the General Assembly of Virginia:

1. That �� 37.2-808 and 37.2-1104 of the Code of Virginia are 
amended and reenacted as follows:

� 37.2-808. Emergency custody; issuance and execution of 
order.

A. Any magistrate shall issue, upon the sworn petition of any 
responsible person, treating physician, or upon his own motion, an emergency 
custody order when he has probable cause to believe that any person (i) has a 
mental illness and that there exists a substantial likelihood that, as a result 
of mental illness, the person will, in the near future, (a) cause serious 
physical harm to himself or others as evidenced by recent behavior causing, 
attempting, or threatening harm and other relevant information, if any, or (b) 
suffer serious harm due to his lack of capacity to protect himself from harm or 
to provide for his basic human needs, (ii) is in need of hospitalization or 
treatment, and (iii) is unwilling to volunteer or incapable of volunteering for 
hospitalization or treatment. Any emergency custody order entered pursuant to 
this section shall provide for the disclosure of medical records pursuant to � 
37.2-804.2. This subsection shall not preclude any other disclosures as 
required or permitted by law.

When considering whether there is probable cause to issue an 
emergency custody order, the magistrate may, in addition to the petition, 
consider (1) the recommendations of any treating or examining physician or 
psychologist licensed in Virginia, if available, (2) any past actions of the 
person, (3) any past mental health treatment of the person, (4) any relevant 
hearsay evidence, (5) any medical records available, (6) any affidavits 
submitted, if the witness is unavailable and it so states in the affidavit, and 
(7) any other information available that the magistrate considers relevant to 
the determination of whether probable cause exists to issue an emergency 
custody order.

B. Any person for whom an emergency custody order is issued 
shall be taken into custody and transported to a convenient location to be 
evaluated to determine whether the person meets the criteria for temporary 
detention pursuant to � 37.2-809 and to assess the need for hospitalization or 
treatment. The evaluation shall be made by a person designated by the community 
services board who is skilled in the diagnosis and treatment of mental illness 
and who has completed a certification program approved by the Department.

C. The magistrate issuing an emergency custody order shall 
specify the primary law-enforcement agency and jurisdiction to exe