JBass Wrote:
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>
http://leg1.state.va.us/cgi-bin/legp504.exe?000+co
> d+37.2-809
>
> Yes. But it also outlines that there must be an
> evaluation by a state worker or medical
> professional. I takes a magistrate to order the
> detention and they really cant order it without a
> medical evaluation of the person in question. I
> dont see '2concerned' agreeing to an evaluation.
>
>
> Honestly, its fucking scary to think that you
> people are trying to play psychiatrist, social
> worker and magistrate all at once.
>
> Read the statute. Y'all are not gonna have any
> luck unless he agrees to be interviewed/examined
> by a state social worker.
Well, I read the statute, but there seems to be a weasel clause:
"A magistrate may issue a temporary detention order without a prior evaluation pursuant to subsection B if (i) the person has been personally examined within the previous 72 hours by an employee or a designee of the local community services board or (ii) there is a significant physical, psychological, or medical risk to the person or to others associated with conducting such evaluation."
I'd say Scott poses a significant physical risk to the mental health evaluator, especially since he has intimated that he has firearms, thereby possibly voiding the need for a prior evaluation.
But, then again, I'm not a lawyer or a mental health professional.