2003 Session

Budget Amendments - SB700 (Committee Approved)

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Involuntary Civil Commitment Custody Plan (language only)

Item 401 #1s

Item 401 #1s

Public Safety
Public Safety, Secretary of

Page 390, line 47, insert:
"D.1. The Secretaries of Public Safety, Health and Human Resources, and Administration shall convene a statewide group to develop a plan that would identify which party or parties is or are responsible for the safety and security of individuals who are the subject of or who participate in detention and involuntary admission activities carried out pursuant to §§ 37.1- 67.01 et seq. of the Code of Virginia.  The plan shall address all phases of the detention and involuntary admission process including transportation; custody for persons under judicial orders; medical evaluation, screening and treatment; and, detention services. The plan shall recognize 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 USC 1395dd, and implementing regulations.
2. The statewide group shall include representatives of the state agencies that are involved in the detention and involuntary civil commitment process; community services boards; general district courts, including magistrates and special justices; law enforcement agencies, including police and sheriff departments; facilities and practitioners providing emergency medical evaluations, treatment or temporary detention; state mental health facilities; local governments; and, other entities as necessary.  This statewide group shall report its plan to the Governor and the Chairmen of the Senate Finance and House Appropriations Committees by  November 1, 2003, including any legislative actions needed to implement the plan.  The statewide plan and procedures shall be used to clarify local procedures."

(This amendment requires the development of a plan to determine how custody for patients involuntarily committed is handled to ensure safety and security during all phases of the detention and involuntary civil commitment process.)