2003 Session

Budget Amendments - SB700 (Member Request)

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Chief Patron: Howell
Involuntary Civil Commitment Custody Plan (language only)

Item 25 #1s

Item 25 #1s

Judicial Department
Supreme Court

Page 19, after line 42, insert:
"F.1. The Executive Secretary of the Supreme Court of Virginia 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.  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 Secretaries of  Health and Human Resources and Public Safety and 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 Secretaries of Health and Human Resources and Public Safety and the Executive Secretary of the Supreme Court 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.)