Virginia House Bill HJR39

Virginia 2026 Regular Session

• Introduced: 1/14/26
• Refer: 1/14/26

Caption

Law-enforcement offices; financial challenges faced as result of increase of custody orders, etc.

Impact

The study proposed in HJR39 aims to identify the rise in executed emergency custody orders and temporary detention orders since 2014, particularly focusing on how these increase the strain on local law enforcement. Since the 'bed of last resort' law was introduced, many agencies report having to hold custody of individuals for extended periods due to a lack of available psychiatric beds or evaluators. This situation not only stretches the resources of these agencies but also poses risks to public safety by limiting the availability of officers to respond to other emergencies.

Summary

HJR39 is a House Joint Resolution introduced to request that the Secretary of Public Safety and Homeland Security, in collaboration with the Secretary of Health and Human Resources, conduct a study on the financial and operational challenges faced by law-enforcement agencies when executing emergency custody and temporary detention orders. The resolution acknowledges that law enforcement officers often act as the first responders in cases involving individuals who are in crisis and may pose a danger to themselves or others. There is an emphasis on the legal requirements for law enforcement to maintain custody of such individuals during critical evaluation periods, which often drag on due to system shortcomings.

Contention

Key points of contention surrounding HJR39 lie in the high demands placed on law enforcement by existing legal frameworks without adequate resources or personnel to handle these orders effectively. Critics argue that the current system forces law enforcement to oversee individuals significantly longer than necessary, potentially undermining their ability to perform regular duties and threatening the efficacy of community safety. Moreover, the resolution highlights a need for improved alternative custody arrangements and mobile crisis team applications to alleviate pressure on law enforcement while still addressing mental health crises appropriately.