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HB 11

Emergency custody orders; transportation to treatment center, etc.

2026 Regular Session Introduced by Joe McNamara and 2 co-sponsors

Virginia bill authorizes emergency transport of mental health crisis patients directly to treatment centers instead of jails, improving care access while raising questions about liability and facility capacity.

Left in Committee Health and Human Services
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Bill Summary · HB 11

Legislative bill overview

HB 11 establishes procedures for emergency custody orders that allow law enforcement or designated personnel to transport individuals experiencing mental health crises to treatment centers rather than exclusively to jails or emergency departments. The bill streamlines the process for obtaining these orders and clarifies which facilities can receive individuals under emergency custody protocols.

Why is this important

Mental health crises represent a significant public safety and healthcare challenge. Directing individuals to appropriate treatment facilities instead of the criminal justice system can reduce jail overcrowding, improve health outcomes, and lower costs associated with incarceration of people experiencing psychiatric emergencies. This approach reflects a growing national shift toward crisis intervention models.

Potential points of contention

  • Liability and training standards – Unclear who bears responsibility if transport procedures cause harm, and whether law enforcement receives adequate mental health crisis training to make appropriate decisions about who qualifies for this alternative pathway
  • Facility bed availability – Treatment centers may lack sufficient capacity to accommodate increased admissions, potentially creating bottlenecks that defeat the bill's purpose of providing faster alternatives to emergency departments
  • Due process concerns – Civil liberties advocates may question whether emergency custody procedures include sufficient legal safeguards, particularly regarding how long individuals can be held and what rights they retain during the process

Compiled from official sources — confirm details with the bill’s official record.

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