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HB 1292

Temporary detention; certified evaluators, sunset extended.

2026 Regular Session Introduced by Cia Price and 1 co-sponsor

Virginia bill makes permanent the authority for certified mental health evaluators to temporarily detain individuals in psychiatric emergencies, removing the law's sunset expiration.

Governor's Action Deadline 11:59 p.m., April 13, 2026
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Bill Summary · HB 1292

Legislative bill overview

HB 1292 repeals the sunset provision for Virginia's temporary detention law that authorizes certified evaluators to initiate emergency psychiatric holds. This means the existing authority for trained evaluators to detain individuals in mental health crises would become permanent rather than expiring on a scheduled date. The bill removes the automatic termination clause that was previously set for this evaluation and detention authority.

Why is this important

Temporary detention laws directly affect how quickly people experiencing severe mental health crises can access emergency psychiatric care. By making this authority permanent, Virginia would establish a stable, ongoing framework for mental health emergency response without requiring periodic legislative reauthorization. This impacts both individuals in crisis and the mental health infrastructure's operational planning and funding.

Potential points of contention

  • Scope of certified evaluator authority: Questions about which professionals qualify as "certified evaluators," their training requirements, and whether their detention authority is appropriately limited or too broad
  • Due process protections: Concerns about whether individuals detained by evaluators have adequate legal safeguards, appeal mechanisms, and protection against improper detention
  • Cost and resource implications: The fiscal impact statement suggests implementation costs; questions remain about whether states/localities have sufficient funding and whether this expands involuntary detention rates

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

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