Developments in Mental Health Law

When an individual experiences a mental health crisis, Virginia law permits that individual to be detained up to 48-hours plus weekends and holidays for evaluation and emergency treatment under a temporary detention order (TDO). After 48-hours, authorities must hold a civil commitment hearing. The four possible hearing outcomes are dismissal of the commitment petition, mandatory outpatient treatment (MOT), voluntary hospitalization, and involuntary hospitalization. Currently, Virginia is one of only three states that require a commitment hearing be held within 48 hours of initial detention. At the other extreme, three states allow up to 30 days for a hearing. Most states, however, require a hearing within four to eight days. Not only is Virginia’s 48hour TDO period among the shortest in the nation, but often commitment hearings occur less than 24-hours from the start of the detention (Barclay, 2007). The drawback of a short detention period is that it may not allow sufficient time to stabilize and evaluate individuals. Virginia is currently considering extending the 48-hour limit to 72-hours (Commission on Mental Health Law Reform, Progress Report, 2009), a scaled-back version of a recommendation to extend it to four or five days (Commission on Mental Health Law Reform, Preliminary Report, 2007). The longer time period is expected to allow time for adequate evaluation and crisis stabilization, thereby leading to lower rates of involuntary commitment (Commission Progress Report, 2009).