VirginiaSB5282026 Regular SessionSenateWALLET

Misdemeanor proceedings; competency treatment.

Sponsored By: William M. Stanley, Jr. (Republican)

Signed by Governor

Summary

Competency treatment in misdemeanor proceedings. Provides that in cases where the defendant has been charged with a misdemeanor offense, the court may (i) order inpatient or outpatient treatment or (ii) dismiss the charges. Where a defendant is found to be incompetent, the bill permits a court to (a) order that such defendant receive treatment to restore his competency on an outpatient basis in a local correctional facility or at a location determined by the appropriate community services board or behavioral health authority, (b) order that such defendant receive treatment to restore his competency on an inpatient basis at a hospital designated by the Commissioner of Behavioral Health and Developmental Services as appropriate for treatment of persons under criminal charge, (c) order that such defendant be evaluated to determine whether he meets the criteria for temporary detention, or (d) dismiss the misdemeanor charge and release such defendant. The bill has a delayed effective date of July 1, 2027.

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Bill Overview

Analyzed Economic Effects

6 provisions identified: 3 benefits, 1 costs, 2 mixed.

Safer transport options during emergency custody

Beginning July 1, 2027, courts or magistrates must approve an identified alternative transport provider that is available, willing, and safely capable. They must consider information from people familiar with the situation, and police must take custody before transferring it to the provider. Trips can include necessary emergency medical treatment or evaluation. Staff of state-contracted alternative providers can use restraints only for safety or to prevent escape, after less restrictive methods prove ineffective. Staff must complete state-approved training in safe restraint use.

Fewer damage claims against transport providers

Beginning July 1, 2027, alternative emergency-custody transport providers are protected from civil damage claims by the people they transport. The protection covers acts or failures to act involving ordinary negligence while providing transportation under this section. The law sets no dollar cap; it limits this legal remedy.

Custody deadlines and extra placement time

Beginning July 1, 2027, an emergency-custody order becomes void if not carried out within eight hours after issuance. It must be returned to the court clerk, or a local magistrate when the clerk's office is closed. Separately, for people detained in state facilities under § 37.2-809(E), staff can continue searching for an alternative detention facility. That search can last four extra hours beyond the applicable eight-hour emergency-custody period, to find appropriate detention and care.

More support during emergency mental-health care

Beginning July 1, 2027, a present family member or legal guardian able to provide support can stay during covered evaluations. The person being evaluated can object, and clinicians can exclude support people for medical, clinical, safety, or patient-care reasons. People taken into emergency custody under this section must receive a written summary of the process and legal protections. Before release or the order's expiration, professionals must consider voluntary community stabilization treatment when no temporary-detention order is issued. This applies to people evaluated or treated in emergency custody; a referral is not required.

Payment rules for emergency custody services

Beginning July 1, 2027, custody can transfer to a licensed facility or location able to provide the security needed. A facility receiving someone from police must have an agency agreement and cannot charge that agency transfer fees or costs. Licensed health providers receive payments under § 37.2-804 for medical screening and assessments of people with mental illnesses in emergency custody. The law sets no payment amount or appropriation and does not guarantee lower household bills.

Treatment or dismissal for unfit defendants

Courts can order outpatient or inpatient treatment for defendants charged only with misdemeanors and found unable to stand trial. Courts can instead dismiss charges and order emergency custody, with an evaluation for possible temporary detention. For misdemeanor violations of Article 3, Chapter 5, Title 18.2, providers must report when competency remains unrestored after 45 days. If the defendant remains incompetent, the court must order release, commitment, or certification and can also dismiss charges. When a defendant is unlikely to regain competency soon, courts can order commitment screening; provider reports must address whether screening is appropriate.

Sponsors & Cosponsors

Sponsor

  • William M. Stanley, Jr.

    Republican • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 481 • No: 0

Senate vote • 3/9/2026

House substitute agreed to by Senate

Yes: 40 • No: 0

Senate vote • 3/6/2026

Reconsideration of House substitute agreed to by Senate

Yes: 40 • No: 0

Senate vote • 3/6/2026

House substitute agreed to by Senate

Yes: 40 • No: 0

House vote • 3/4/2026

Passed House with substitute Block Vote

Yes: 97 • No: 0

House vote • 3/4/2026

Passed House with substitute Block Vote

Yes: 99 • No: 0

House vote • 3/2/2026

Reported from Courts of Justice with substitute

Yes: 22 • No: 0

House vote • 2/27/2026

Subcommittee recommends reporting with substitute

Yes: 10 • No: 0

Senate vote • 2/17/2026

Courts of Justice Substitute agreed to (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/17/2026

Constitutional reading dispensed Block Vote (on 3rd reading)

Yes: 39 • No: 0

Senate vote • 2/17/2026

Read third time and passed Senate Block Vote

Yes: 40 • No: 0

Senate vote • 2/16/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 39 • No: 0

Senate vote • 2/16/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/16/2026

Reported from Courts of Justice with substitute

Yes: 15 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0502)

    4/8/2026Governor
  2. Approved by Governor-Chapter502 (Effective 7/1/2027)

    4/8/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB528)

    3/13/2026Senate
  6. Bill text as passed Senate and House (SB528ER)

    3/13/2026Senate
  7. Enrolled

    3/13/2026Senate
  8. Signed by President

    3/13/2026Senate
  9. Signed by Speaker

    3/13/2026House
  10. House substitute agreed to by Senate

    3/9/2026Senate
  11. Reconsideration of House substitute agreed to by Senate (40-Y 0-N 0-A)

    3/6/2026Senate
  12. House substitute agreed to by Senate (40-Y 0-N 0-A)

    3/6/2026Senate
  13. Passed by for the day

    3/6/2026Senate
  14. Passed House with substitute Block Vote (99-Y 0-N 0-A)

    3/4/2026House
  15. Reconsideration of passage agreed to by House

    3/4/2026House
  16. Passed House with substitute Block Vote (97-Y 0-N 0-A)

    3/4/2026House
  17. Engrossed by House - committee substitute

    3/4/2026House
  18. committee substitute agreed to

    3/4/2026House
  19. Read third time

    3/4/2026House
  20. Fiscal Impact Statement from Department of Planning and Budget (SB528)

    3/4/2026Senate
  21. Read second time

    3/3/2026House
  22. Committee substitute printed 26108606D-H1

    3/2/2026House
  23. Reported from Courts of Justice with substitute (22-Y 0-N)

    3/2/2026House
  24. Subcommittee recommends reporting with substitute (10-Y 0-N)

    2/27/2026House
  25. House subcommittee offered

    2/27/2026House

Bill Text

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