WeVote
Log In

Bill

Bill

SB 735

Temporary detention; certified evaluators, sunset repealed.

2026 Regular Session Introduced by Danny Diggs

SB 735 makes Virginia's emergency psychiatric detention by certified evaluators permanent, removing a sunset clause that would have terminated the program.

Fiscal Impact Statement from Department of Planning and Budget (SB735)
0
WeVote Research Nonpartisan
Bill Summary · SB 735

Legislative bill overview

SB 735 removes the sunset provision from Virginia's temporary detention law for certified evaluators, making permanent what was previously set to expire. The bill allows qualified evaluators to conduct emergency psychiatric evaluations and authorize short-term holds for individuals in crisis without requiring a judge or magistrate in all circumstances.

Why is this important

This change affects how Virginia handles mental health emergencies and crisis intervention. Making the law permanent signals the state's commitment to this evaluation process but also represents a significant shift in detention authority—moving some emergency psychiatric decision-making from judicial oversight to certified evaluators, which has implications for due process protections and individual rights.

Potential points of contention

  • Due process concerns: Removing judicial review requirements for emergency detentions raises questions about adequate legal safeguards and whether non-judicial evaluators have sufficient training in constitutional protections
  • Evaluator qualifications and consistency: Standards for "certified evaluators" and consistency of evaluations across regions could vary, potentially leading to disparate treatment
  • Duration and authority scope: Questions about how long evaluator-authorized holds can last and what oversight mechanisms exist if evaluations are challenged or deemed incorrect

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

Sign in to ask a question.