Subcommittee tables bill to let hospitals assume custody of certain mental-health patients

The House Public Safety Subcommittee voted 4-2 to table HB 2230, a bill that would allow hospitals, in specified circumstances, to assume custody of individuals under Emergency Custody Order (ECO) or Temporary Detention Order (TDO) status after an assessment by hospital staff.

Delegate Cherry, the bill’s patron, described the substitute as a narrow change allowing hospitals to take custody when a patient stabilizes and the hospital can provide appropriate security, rather than requiring law enforcement to hold custody in emergency departments while a bed or transfer is arranged. Cherry said the provision is permissive and that an MOU between hospitals and law enforcement would be used where a hospital elects to accept custody.

Braden Curtis from the Department of Behavioral Health and Developmental Services (DBHDS) said the administration supports the bill because it could speed law enforcement back to patrol duties and provide a more therapeutic environment for patients. The Virginia Hospital and Healthcare Association testified as neutral, noting the substitute is intended to make some hospitals comfortable taking custody in limited situations and that the MOU language is permissive.

Several delegates raised concerns about hospital capacity, security capabilities, and liability. One member said she could not support the bill as presented because of worries about fast-moving, chaotic situations and hospital readiness. Chair and others discussed where the proposed transfer form should originate; the bill designates the Office of the Executive Secretary to produce a transfer form, which prompted questions about whether that office is the proper venue.

After debate and a substitute motion to table, the subcommittee voted to table HB 2230 by a 4-2 margin.