At the disAbility Law Center of Virginia, we strongly believe that people with mental health crises are entitled to be served in the least restrictive environment possible. We believe that is a right guaranteed by both the US Constitution and the Americans with Disabilities Act. The legislature is considering some proposals that address the process of depriving someone of their liberty, through Emergency Custody Orders and Temporary Detention Orders.
- HB 608 (Price) and SB 34 (Locke) create a one-hospital exception (in Planning District 21 – Newport News) to allow staff from that hospital to evaluate someone in crisis and determine whether they are eligible for a temporary detention order. The House bill was approved by the House Committee on Health and Human Services but was reconsidered on Thursday to send it to House Appropriations. The Senate bill was approved in Education and Health and referred to Senate Finance.
- HB 822 (Cherry), HB 823 (Cherry), and SB 497 (Carroll Foy) address the process of a magistrate being able to designate an alternative transportation provider, other than law enforcement, for a person who is the subject of an ECO or TDO. The House bills were approved by the House Committee on Courts of Justice and referred to House Rules, but are not likely to be heard before crossover. The Senate bill was approved by the Senate Committee on Education and Health.
- HB 1242 (Willett) and SB 546 (Bagby) provide for the facility where an ECO evaluation is being completed to allow a family member or the guardian of the person being evaluated to be present to provide support or shared decision-making unless the individual objects or if the presence of any such person would provide a medical or safety risk. The family of Irvo Otieno, who was killed following an emergency custody order, provides emotional testimony in support of the bill. The bill is being proposed by the administration in response to the recent death of someone in custody. The House bill was amended and approved by the Courts of Justice. The Senate bill was approved by the Committee on Education and Health.
The mission of the disAbility Law Center of Virginia is to advance independence, choice, and self-determination; protect legal, human, and civil rights; and eliminate abuse, neglect, and discrimination of people with disabilities through zealous and uncompromising legal advocacy and representation.
Our mission is to advance independence, choice, and self-determination; protect legal, human, and civil rights; and eliminate abuse, neglect, and discrimination of people with disabilities through zealous and uncompromising legal advocacy and representation. We educate policymakers about the impact of the decisions they are making on the disability community.
Please let us know of any legislative proposals or budget issues that you think we should be following. Contact us at ga@dlcv.org or info@dlvc.org or by calling 1-800-552-3962 or 1-804-225-2042.