The disAbility Law Center of Virginia is following and speaking to bills in the legislature concerning the rights of people with behavioral health concerns, particularly the right to be free from unconstitutional involuntary commitment. (The U.S. Constitution provides that someone can be deprived of their liberty via involuntary commitment only when they are a danger to themselves or others.)
There are some proposals in the legislature that address concerns about how the process of obtaining Emergency Custody Orders and Temporary Detention Order works.
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, of a person is the subject of an ECO or TDO. The House bills have been assigned to the House Committee on Courts of Justice. The Senate bill has been assigned to 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. This bill is being proposed by the administration in response to the recent death of someone in custody. The House bill has not been assigned to a committee, but we expect it to be in Courts of Justice. The Senate bill has been assigned to 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.
We are available to educate policymakers about the potential impact of legislative proposals. Please let us know of any issues that you think we should be following. Contact us at ga@dlcv.org or info@dlcv.org or by calling 1-800-552-3962 or 1-804-225-2042.