RICHMOND, Va. — Caroline Ouko, the mother of Irvo Otieno is putting her support behind a piece of legislation that she says could have helped saved him from being sent to jail and his eventual death.
"Put a stop to this absurdity and take care of those in a mental crisis when they need it the most," Ouko said.
Ouko says that's why she's back at the General Assembly this year -- in support of legislation she says could have saved her son's life.
"When your loved one is in a crisis, they need to be stabilized. Stabilization is done by a medical doctor," she said.
Her son, Irvo Otieno, was in the midst of a mental health crisis in Henrico in 2023.
He was taken to Henrico Doctor's Hospital under an Emergency Custody Order.
A judge eventually issued a Temporary Detention Order that would have allowed him to be held longer for treatment, but before it could be served, a police officer arrested Otieno for assault and took him to Henrico Jail.
Three days later, he was taken to Central State Hospital where he died.
This year, Ouko is backing legislation she says could have prevented him being taken to jail.
"Which is the wrong place for a mental health patient," Ouko said.
Watch: Henrico's top prosecutor says 'unprofessional' handling of Irvo Otieno case hampered ability to investigate
The legislation, carried by Democratic Delegate Vivian Watts, says law enforcement officers are not required to arrest someone who is under an ECO or TDO.
"There are so many people with neurological problems, with confusion over what is happening, and they're in mental crisis where an arrest is not appropriate to getting the individual the services they need," Watts said.
But Watts says there are exceptions where arrests are required, like if it involves domestic violence or a protective order violation.
She adds the bill also calls for all officers to complete training on legislation.
"That's the important part of training for all of law enforcement, so that they understand that they have options, except, again, in domestic violence situations," Watts said.
During the first hearing on this bill, the Virginia Sheriff's Association spoke in favor of the concept, but says the language could create confusion.
They add without this bill, officers already have the discretion to arrest or not except for those situations like Watts mentioned.
But they say it doesn't provide enough clarity for another category that requires arrests like outstanding court orders such a warrant.
"When we have law enforcement review the bill, and the law enforcement officers are confused about whether this no longer create has an obligation to serve an outstanding warrant, or confuses those two categories, then I think that there's still some, there's concern," said Elizabeth Hobbs, chief legal and policy officer for the Virginia Sheriff's Association.
Watts says that's what the required training is meant to address but adds if that confusion persists, they could make changes to the code.
Ouko told CBS 6 that while it's too late for her son she hopes the bill will be able to help others.
"I'm finding out that what happened to my son, unfortunately, is not unique," Ouko said.
The bill was approved by a Senate committee Wednesday evening, but changed the language to match its chamber's version of the bill — meaning the legislation will likely go to what's known as a conference committee.
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