Bill Text: VA SB268 | 2022 | Regular Session | Comm Sub
Bill Title: Emergency custody and temporary detention; transportation, transfer of custody, alternative custody.
Spectrum: Moderate Partisan Bill (Democrat 5-1)
Status: (Passed) 2022-04-11 - Governor: Acts of Assembly Chapter text (CHAP0482) [SB268 Detail]
Download: Virginia-2022-SB268-Comm_Sub.html
Be it enacted by the General Assembly of Virginia:
1. That §§37.2-808, 37.2-809, 37.2-809.1, and 37.2-810 of the Code of Virginia are amended and reenacted as follows:
§37.2-808. Emergency custody; issuance and execution of order.
A. Any magistrate shall issue, upon the sworn petition of any responsible person, treating physician, or upon his own motion, or a court may issue pursuant to §19.2-271.6, an emergency custody order when he has probable cause to believe that any person (i) has a mental illness and that there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (b) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs, (ii) is in need of hospitalization or treatment, and (iii) is unwilling to volunteer or incapable of volunteering for hospitalization or treatment. Any emergency custody order entered pursuant to this section shall provide for the disclosure of medical records pursuant to §37.2-804.2. This subsection shall not preclude any other disclosures as required or permitted by law.
When considering whether there is probable cause to issue an emergency custody order, the magistrate may, in addition to the petition, or the court may pursuant to §19.2-271.6, consider (1) the recommendations of any treating or examining physician or psychologist licensed in Virginia, if available, (2) any past actions of the person, (3) any past mental health treatment of the person, (4) any relevant hearsay evidence, (5) any medical records available, (6) any affidavits submitted, if the witness is unavailable and it so states in the affidavit, and (7) any other information available that the magistrate or the court considers relevant to the determination of whether probable cause exists to issue an emergency custody order.
B. Any person for whom an emergency custody order is issued shall be taken into custody and transported to a convenient location to be evaluated to determine whether the person meets the criteria for temporary detention pursuant to §37.2-809 and to assess the need for hospitalization or treatment. The evaluation shall be made by a person designated by the community services board who is skilled in the diagnosis and treatment of mental illness and who has completed a certification program approved by the Department.
C. The magistrate or court issuing an emergency custody order
shall (i) specify the primary law-enforcement agency and jurisdiction to
execute the emergency custody order and provide (ii) designate a transportation.
However, provider. In determining the transportation provider, the
magistrate or court shall consider any request to authorize transportation
by an all options for alternative transportation provider in
accordance with this section, whenever an alternative transportation
provider is identified to the magistrate or court, which may be a person,
facility, or agency, including a family member or friend of the person who is
the subject of the order, a representative of the community services board,
an employee of or person providing services pursuant to a contract with the
Department, or other transportation provider with personnel trained to
provide transportation in a safe manner, upon. Upon determining,
following consideration of information provided by the petitioner; the
community services board or its designee; the local law-enforcement agency, if
any; the person's treating physician, if any; or other persons who are
available and have knowledge of the person, and, when the magistrate or court
deems appropriate, the proposed alternative transportation provider, either in
person or via two-way electronic video and audio or telephone communication
system, that the proposed an alternative transportation provider
is available to provide transportation, willing to provide transportation, and
able to provide transportation in a safe manner, the magistrate shall
designate such alternative transportation provider to provide transportation of
the person. If no alternative transportation provider is available to provide
transportation, willing to provide transportation, and able to provide transportation
in a safe manner, the magistrate or court shall designate the primary
law-enforcement agency and jurisdiction designated to execute the emergency
custody order to provide transportation of the person.
When transportation is ordered to be provided by an alternative transportation provider, the magistrate or court shall order the specified primary law-enforcement agency to execute the order, to take the person into custody, and to transfer custody of the person to the alternative transportation provider identified in the order. The primary law-enforcement agency may transfer custody of the person to the alternative transportation provider immediately upon execution of the emergency custody order. The alternative transportation provider shall maintain custody of the person from the time custody is transferred to the alternative transportation provider by the primary law-enforcement agency until such time as an evaluation is conducted and custody of the person is transferred pursuant to a temporary detention order or the person is released upon a determination that the person does not meet the criteria for temporary detention, including during any period prior to the initiation of transportation of the person and while transportation is being provided.
In such cases, a copy of the emergency custody order shall accompany the person being transported pursuant to this section at all times and shall be delivered by the alternative transportation provider to the community services board or its designee responsible for conducting the evaluation. The community services board or its designee conducting the evaluation shall return a copy of the emergency custody order to the court designated by the magistrate or the court that issued the emergency custody order as soon as is practicable. Delivery of an order to a law-enforcement officer or alternative transportation provider and return of an order to the court may be accomplished electronically or by facsimile.
Transportation under this section shall include transportation to a medical facility as may be necessary to obtain emergency medical evaluation or treatment that shall be conducted immediately in accordance with state and federal law. Transportation under this section shall include transportation to a medical facility for a medical evaluation if a physician at the hospital in which the person subject to the emergency custody order may be detained requires a medical evaluation prior to admission.
D. In specifying the primary law-enforcement agency and jurisdiction for purposes of this section, the magistrate or court shall order the primary law-enforcement agency from the jurisdiction served by the community services board that designated the person to perform the evaluation required in subsection B to execute the order and, in cases in which transportation is ordered to be provided by the primary law-enforcement agency, provide transportation. If the community services board serves more than one jurisdiction, the magistrate or court shall designate the primary law-enforcement agency from the particular jurisdiction within the community services board's service area where the person who is the subject of the emergency custody order was taken into custody or, if the person has not yet been taken into custody, the primary law-enforcement agency from the jurisdiction where the person is presently located to execute the order and provide transportation.
E. The law-enforcement agency or alternative transportation provider providing transportation pursuant to this section may transfer custody of the person to the facility or location to which the person is transported for the evaluation required in subsection B, G, or H if the facility or location (i) is licensed to provide the level of security necessary to protect both the person and others from harm, (ii) is actually capable of providing the level of security necessary to protect the person and others from harm, and (iii) in cases in which transportation is provided by a law-enforcement agency, has entered into an agreement or memorandum of understanding with the law-enforcement agency setting forth the terms and conditions under which it will accept a transfer of custody, provided, however, that the facility or location may not require the law-enforcement agency to pay any fees or costs for the transfer of custody.
F. A law-enforcement officer may lawfully go or be sent beyond the territorial limits of the county, city, or town in which he serves to any point in the Commonwealth for the purpose of executing an emergency custody order pursuant to this section.
G. A law-enforcement officer who, based upon his observation or the reliable reports of others, has probable cause to believe that a person meets the criteria for emergency custody as stated in this section may take that person into custody and transport that person to an appropriate location to assess the need for hospitalization or treatment without prior authorization. A law-enforcement officer who takes a person into custody pursuant to this subsection or subsection H may lawfully go or be sent beyond the territorial limits of the county, city, or town in which he serves to any point in the Commonwealth for the purpose of obtaining the assessment. Such evaluation shall be conducted immediately. The period of custody shall not exceed eight hours from the time the law-enforcement officer takes the person into custody.
H. A law-enforcement officer who is transporting a person who has voluntarily consented to be transported to a facility for the purpose of assessment or evaluation and who is beyond the territorial limits of the county, city, or town in which he serves may take such person into custody and transport him to an appropriate location to assess the need for hospitalization or treatment without prior authorization when the law-enforcement officer determines (i) that the person has revoked consent to be transported to a facility for the purpose of assessment or evaluation, and (ii) based upon his observations, that probable cause exists to believe that the person meets the criteria for emergency custody as stated in this section. The period of custody shall not exceed eight hours from the time the law-enforcement officer takes the person into custody.
I. Nothing herein shall preclude a law-enforcement officer or alternative transportation provider from obtaining emergency medical treatment or further medical evaluation at any time for a person in his custody as provided in this section.
J. A representative of the primary law-enforcement agency specified to execute an emergency custody order or a representative of the law-enforcement agency employing a law-enforcement officer who takes a person into custody pursuant to subsection G or H shall notify the community services board responsible for conducting the evaluation required in subsection B, G, or H as soon as practicable after execution of the emergency custody order or after the person has been taken into custody pursuant to subsection G or H.
K. The person shall remain in custody until (i) a temporary detention order is issued in accordance with §37.2-809, (ii) an order for temporary detention for observation, testing, or treatment is entered in accordance with §37.2-1104, ending law enforcement custody, (iii) the person is released, or (iv) the emergency custody order expires. An emergency custody order shall be valid for a period not to exceed eight hours from the time of execution.
L. Nothing in this section shall preclude the issuance of an order for temporary detention for testing, observation, or treatment pursuant to §37.2-1104 for a person who is also the subject of an emergency custody order issued pursuant to this section. In any case in which an order for temporary detention for testing, observation, or treatment is issued for a person who is also the subject of an emergency custody order, the person may be detained by a hospital emergency room or other appropriate facility for testing, observation, and treatment for a period not to exceed 24 hours, unless extended by the court as part of an order pursuant to §37.2-1101, in accordance with subsection C of §37.2-1104. Upon completion of testing, observation, or treatment pursuant to §37.2-1104, the hospital emergency room or other appropriate facility in which the person is detained shall notify the nearest community services board, and the designee of the community services board shall, as soon as is practicable and prior to the expiration of the order for temporary detention issued pursuant to §37.2-1104, conduct an evaluation of the person to determine if he meets the criteria for temporary detention pursuant to §37.2-809.
M. Any person taken into emergency custody pursuant to this section shall be given a written summary of the emergency custody procedures and the statutory protections associated with those procedures.
N. If an emergency custody order is not executed within eight hours of its issuance, the order shall be void and shall be returned unexecuted to the office of the clerk of the issuing court or, if such office is not open, to any magistrate serving the jurisdiction of the issuing court.
O. In addition to the eight-hour period of emergency custody set forth in subsection G, H, or K, if the individual is detained in a state facility pursuant to subsection E of §37.2-809, the state facility and an employee or designee of the community services board as defined in §37.2-809 may, for an additional four hours, continue to attempt to identify an alternative facility that is able and willing to provide temporary detention and appropriate care to the individual.
P. Payments shall be made pursuant to §37.2-804 to licensed health care providers for medical screening and assessment services provided to persons with mental illnesses while in emergency custody.
Q. No person who provides alternative transportation pursuant to this section shall be liable to the person being transported for any civil damages for ordinary negligence in acts or omissions that result from providing such alternative transportation.
§37.2-809. Involuntary temporary detention; issuance and execution of order.
A. For the purposes of this section:
"Designee of the local community services board" means an examiner designated by the local community services board who (i) is skilled in the assessment and treatment of mental illness, (ii) has completed a certification program approved by the Department, (iii) is able to provide an independent examination of the person, (iv) is not related by blood or marriage to the person being evaluated, (v) has no financial interest in the admission or treatment of the person being evaluated, (vi) has no investment interest in the facility detaining or admitting the person under this article, and (vii) except for employees of state hospitals and of the U.S. Department of Veterans Affairs, is not employed by the facility.
"Employee" means an employee of the local community services board who is skilled in the assessment and treatment of mental illness and has completed a certification program approved by the Department.
"Investment interest" means the ownership or holding of an equity or debt security, including shares of stock in a corporation, interests or units of a partnership, bonds, debentures, notes, or other equity or debt instruments.
B. A magistrate shall issue, upon the sworn petition of any responsible person, treating physician, or upon his own motion and only after an evaluation conducted in-person or by means of a two-way electronic video and audio communication system as authorized in §37.2-804.1 by an employee or a designee of the local community services board to determine whether the person meets the criteria for temporary detention, a temporary detention order if it appears from all evidence readily available, including any recommendation from a physician, clinical psychologist, or clinical social worker treating the person, that the person (i) has a mental illness and that there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (b) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs; (ii) is in need of hospitalization or treatment; and (iii) is unwilling to volunteer or incapable of volunteering for hospitalization or treatment. The magistrate shall also consider, if available, (a) information provided by the person who initiated emergency custody and (b) the recommendations of any treating or examining physician licensed in Virginia either verbally or in writing prior to rendering a decision. Any temporary detention order entered pursuant to this section shall provide for the disclosure of medical records pursuant to §37.2-804.2. This subsection shall not preclude any other disclosures as required or permitted by law.
C. When considering whether there is probable cause to issue a temporary detention order, the magistrate may, in addition to the petition, consider (i) the recommendations of any treating or examining physician, psychologist, or clinical social worker licensed in Virginia, if available, (ii) any past actions of the person, (iii) any past mental health treatment of the person, (iv) any relevant hearsay evidence, (v) any medical records available, (vi) any affidavits submitted, if the witness is unavailable and it so states in the affidavit, and (vii) any other information available that the magistrate considers relevant to the determination of whether probable cause exists to issue a temporary detention order.
D. A magistrate may issue a temporary detention order without an emergency custody order proceeding. 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.
E. An employee or a designee of the local community services
board shall determine the facility of temporary detention in accordance with the
provisions of §37.2-809.1 for all individuals persons detained
pursuant to this section. An employee or designee of the local community
services board may change the facility of temporary detention and may designate
an alternative facility for temporary detention at any point during the period
of temporary detention if it is determined that the alternative facility is a
more appropriate facility for temporary detention of the individual
person given the specific security, medical, or behavioral health needs of
the person. In cases in which the facility of temporary detention is changed
following transfer of custody to an initial facility of temporary custody,
transportation of the individual person to the alternative
facility of temporary detention shall be provided in accordance with the
provisions of §37.2-810. The initial facility of temporary detention shall be
identified on the preadmission screening report and indicated on the temporary
detention order; however, if an employee or designee of the local community
services board designates an alternative facility, that employee or designee
shall provide written notice forthwith, on a form developed by the Executive
Secretary of the Supreme Court of Virginia, to the clerk of the issuing court
of the name and address of the alternative facility. Subject to the provisions
of §37.2-809.1, if a facility of temporary detention cannot be identified by
the time of the expiration of the period of emergency custody pursuant to §
37.2-808, the individual person shall be detained in a state
facility for the treatment of individuals persons with mental
illness and such facility shall be indicated on the temporary detention order.
Except as provided in §37.2-811 for inmates requiring hospitalization in
accordance with subdivision A 2 of §19.2-169.6, the person shall not be
detained in a jail or other place of confinement for persons charged with
criminal offenses and. Except as provided in subsection G and in §
37.2-811 for inmates requiring hospitalization in accordance with subdivision A
2 of §19.2-169.6, the person shall remain in the custody of law
enforcement until (i) the person is either detained within a secure
facility or, (ii) custody has been accepted by the appropriate
personnel designated by either the initial facility of temporary detention
identified in the temporary detention order or by the alternative facility of
temporary detention designated by the employee or designee of the local
community services board pursuant to this subsection, or (iii) custody has
been accepted by an employee or designee of the state facility indicated on the
temporary detention order pursuant to subsection F. The person detained or
in custody pursuant to this section shall be given a written summary of the
temporary detention procedures and the statutory protections associated with
those procedures.
F. If the facility indicated on the temporary detention order pursuant to subsection E is a state facility, no bed for the person is immediately available at such state facility, and an employee or designee of such state facility is available to take custody, such employee or designee of the state facility may assume custody of the person wherever the person is located. The employee or designee of the state facility who takes custody of a person pursuant to this subsection shall maintain custody of the person and shall transport the person to the state facility or to an alternative facility of temporary detention, if an alternative facility of temporary detention is designated in accordance with subsection E. Such transportation may include transportation of the person to a medical facility for medical evaluation prior to admission to the state facility or alternative facility of temporary detention if such medical evaluation is required by a physician at the admitting facility. Transportation to an alternative facility of temporary detention designated in accordance with subsection E by an employee or designee of a state facility that was identified as the initial facility of temporary detention on a temporary detention order shall be in accordance with subsection D of §37.2-810.
If no employee or designee of the state facility indicated on the temporary detention order pursuant to subsection E is available to take custody of a person who is subject to a temporary detention order pursuant to this subsection, such person shall remain in law-enforcement custody until custody is transferred to the state facility or an alternative facility of temporary detention. For the purposes of this section, an employee or designee of the state facility indicated on the temporary detention order pursuant to subsection E shall be deemed unavailable to assume custody of a person who is the subject of a temporary custody order if all state funds for alternative custody have been expended.
G. A person who is subject to an order authorizing treatment issued in accordance with §53.1-133.04 shall remain in law-enforcement custody at all times prior to admission to the facility designated for treatment of the person pursuant to such order.
H. Any facility caring for a person placed with it pursuant to a temporary detention order is authorized to provide emergency medical and psychiatric services within its capabilities when the facility determines that the services are in the best interests of the person within its care. The costs incurred as a result of the hearings and by the facility in providing services during the period of temporary detention shall be paid and recovered pursuant to §37.2-804. The maximum costs reimbursable by the Commonwealth pursuant to this section shall be established by the State Board of Medical Assistance Services based on reasonable criteria. The State Board of Medical Assistance Services shall, by regulation, establish a reasonable rate per day of inpatient care for temporary detention.
G. I. The employee or the designee of the local
community services board who is conducting the evaluation pursuant to this
section shall determine, prior to the issuance of the temporary detention order,
the insurance status of the person. Where coverage by a third party payor
exists, the facility seeking reimbursement under this section shall first seek
reimbursement from the third party payor. The Commonwealth shall reimburse the
facility only for the balance of costs remaining after the allowances covered
by the third party payor have been received.
H. J. The duration of temporary detention shall
be sufficient to allow for completion of the examination required by §
37.2-815, preparation of the preadmission screening report required by §
37.2-816, and initiation of mental health treatment to stabilize the person's
psychiatric condition to avoid involuntary commitment where possible, but shall
not exceed 72 hours prior to a hearing. If the 72-hour period herein specified
terminates on a Saturday, Sunday, legal holiday, or day on which the court is
lawfully closed, the person may be detained, as herein provided, until the
close of business on the next day that is not a Saturday, Sunday, legal holiday,
or day on which the court is lawfully closed. The person may be released,
pursuant to §37.2-813, before the 72-hour period herein specified has run.
I. K. If a temporary detention order is not
executed within 24 hours of its issuance, or within a shorter period as is
specified in the order, the order shall be void and shall be returned
unexecuted to the office of the clerk of the issuing court or, if the office is
not open, to any magistrate serving the jurisdiction of the issuing court.
Subsequent orders may be issued upon the original petition within 96 hours
after the petition is filed. However, a magistrate must again obtain the advice
of an employee or a designee of the local community services board prior to
issuing a subsequent order upon the original petition. Any petition for which
no temporary detention order or other process in connection therewith is served
on the subject of the petition within 96 hours after the petition is filed
shall be void and shall be returned to the office of the clerk of the issuing
court.
J. L. The Executive Secretary of the Supreme
Court of Virginia shall establish and require that a magistrate, as provided by
this section, be available seven days a week, 24 hours a day, for the purpose
of performing the duties established by this section. Each community services
board shall provide to each general district court and magistrate's office
within its service area a list of its employees and designees who are available
to perform the evaluations required herein.
K. M. For purposes of this section, a health
care provider or designee of a local community services board or behavioral
health authority shall not be required to encrypt any email containing
information or medical records provided to a magistrate unless there is reason
to believe that a third party will attempt to intercept the email.
L. N. If the employee or designee of the
community services board who is conducting the evaluation pursuant to this
section recommends that the person should not be subject to a temporary
detention order, such employee or designee shall (i) inform the petitioner, the
person who initiated emergency custody if such person is present, and an onsite
treating physician of his recommendation; (ii) promptly inform such person who
initiated emergency custody that the community services board will facilitate
communication between the person and the magistrate if the person disagrees
with recommendations of the employee or designee of the community services
board who conducted the evaluation and the person who initiated emergency
custody so requests; and (iii) upon prompt request made by the person who
initiated emergency custody, arrange for such person who initiated emergency
custody to communicate with the magistrate as soon as is practicable and prior
to the expiration of the period of emergency custody. The magistrate shall
consider any information provided by the person who initiated emergency custody
and any recommendations of the treating or examining physician and the employee
or designee of the community services board who conducted the evaluation and
consider such information and recommendations in accordance with subsection B
in making his determination to issue a temporary detention order. The
individual person who is the subject of emergency custody shall
remain in the custody of law enforcement or a designee of law enforcement and
shall not be released from emergency custody until communication with the
magistrate pursuant to this subsection has concluded and the magistrate has
made a determination regarding issuance of a temporary detention order.
M. O. For purposes of this section, "person
who initiated emergency custody" means any person who initiated the
issuance of an emergency custody order pursuant to §37.2-808 or a
law-enforcement officer who takes a person into custody pursuant to subsection
G of §37.2-808.
§37.2-809.1. Facility of temporary detention.
A. In each case in which an employee or designee of the local community services board as defined in §37.2-809 is required to make an evaluation of an individual pursuant to subsection B, G, or H of §37.2-808, an employee or designee of the local community services board shall, upon being notified of the need for such evaluation, contact the state facility for the area in which the community services board is located and notify the state facility that the individual will be transported to the facility upon issuance of a temporary detention order if no other facility of temporary detention can be identified by the time of the expiration of the period of emergency custody pursuant to §37.2-808. Upon completion of the evaluation, the employee or designee of the local community services board shall convey to the state facility information about the individual necessary to allow the state facility to determine the services the individual will require upon admission.
B. A state facility may, following the notice in accordance with subsection A, conduct a search for an alternative facility that is able and willing to provide temporary detention and appropriate care to the individual, which may include another state facility if the state facility notified in accordance with subsection A is unable to provide temporary detention and appropriate care for the individual. Under no circumstances shall a state facility fail or refuse to admit an individual who meets the criteria for temporary detention pursuant to §37.2-809 unless an alternative facility that is able to provide temporary detention and appropriate care agrees to accept the individual for temporary detention and the individual shall not during the duration of the temporary detention order be released from custody except for purposes of transporting the individual to the state facility or alternative facility in accordance with the provisions of §37.2-810. If an alternative facility is identified and agrees to accept the individual for temporary detention, the state facility shall notify the community services board, and an employee or designee of the community services board shall designate the alternative facility on the prescreening report.
C. A state facility may conduct a search for an alternative facility that is able and willing to provide temporary detention and appropriate care to the individual in accordance with subsection B if the individual is in the custody of an employee or designee of the state facility pursuant to subsection F of §37.2-809.
D. The facility of temporary detention designated in accordance with this section shall be one that has been approved pursuant to regulations of the Board.
§37.2-810. Transportation of person in the temporary detention process.
A. In specifying the primary law-enforcement agency and jurisdiction for purposes of this section, the magistrate shall specify in the temporary detention order the law-enforcement agency of the jurisdiction in which the person resides, or any other willing law-enforcement agency that has agreed to provide transportation, to execute the order and, in cases in which transportation is ordered to be provided by the primary law-enforcement agency, provide transportation. However, if the nearest boundary of the jurisdiction in which the person resides is more than 50 miles from the nearest boundary of the jurisdiction in which the person is located, the law-enforcement agency of the jurisdiction in which the person is located shall execute the order and provide transportation.
B. The magistrate issuing the temporary detention order shall specify the law-enforcement agency to execute the order and provide transportation. However, the magistrate shall consider any request to authorize transportation by an alternative transportation provider in accordance with this section, whenever an alternative transportation provider is identified to the magistrate, which may be a person, facility, or agency, including a family member or friend of the person who is the subject of the temporary detention order, a representative of the community services board, an employee of or person providing services pursuant to a contract with the Department, or other transportation provider with personnel trained to provide transportation in a safe manner upon determining, following consideration of information provided by the petitioner; the community services board or its designee; the local law-enforcement agency, if any; the person's treating physician, if any; or other persons who are available and have knowledge of the person, and, when the magistrate deems appropriate, the proposed alternative transportation provider, either in person or via two-way electronic video and audio or telephone communication system, that the proposed alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner.
When transportation is ordered to be provided by an alternative transportation provider, the magistrate shall order the specified law-enforcement agency to execute the order, to take the person into custody, and to transfer custody of the person to the alternative transportation provider identified in the order. The primary law-enforcement agency may transfer custody of the person to the alternative transportation provider immediately upon execution of the temporary detention order. The alternative transportation provider shall maintain custody of the person from the time custody is transferred to the alternative transportation provider by the primary law-enforcement agency until such time as custody of the person is transferred to the temporary detention facility, including during any period prior to the initiation of transportation of the person from the facility to which he was transported pursuant to §37.2-808 and while transportation is being provided pursuant to this section.
In such cases, a copy of the temporary detention order shall accompany the person being transported pursuant to this section at all times and shall be delivered by the alternative transportation provider to the temporary detention facility. The temporary detention facility shall return a copy of the temporary detention order to the court designated by the magistrate as soon as is practicable. Delivery of an order to a law-enforcement officer or alternative transportation provider and return of an order to the court may be accomplished electronically or by facsimile.
The order may include transportation of the person to such other medical facility as may be necessary to obtain further medical evaluation or treatment prior to placement as required by a physician at the admitting temporary detention facility. Nothing herein shall preclude a law-enforcement officer or alternative transportation provider from obtaining emergency medical treatment or further medical evaluation at any time for a person in his custody as provided in this section. Such medical evaluation or treatment shall be conducted immediately in accordance with state and federal law.
C. If an alternative transportation provider providing transportation of a person who is the subject of a temporary detention order becomes unable to continue providing transportation of the person at any time after taking custody of the person, the primary law-enforcement agency for the jurisdiction in which the alternative transportation provider is located at the time he becomes unable to continue providing transportation shall take custody of the person and shall transport the person to the facility of temporary detention. In such cases, a copy of the temporary detention order shall accompany the person being transported and shall be delivered to and returned by the temporary detention facility in accordance with the provisions of subsection B.
D. In cases in which an alternative facility of temporary detention is identified and the law-enforcement agency or alternative transportation provider identified to provide transportation in accordance with subsection B continues to have custody of the person, the local law-enforcement agency or alternative transportation provider shall transport the person to the alternative facility of temporary detention identified by the employee or designee of the community services board. In cases in which an alternative facility of temporary detention is identified and custody of the person has been transferred from the law-enforcement agency or alternative transportation provider that provided transportation in accordance with subsection B to the initial facility of temporary detention, the employee or designee of the community services board shall request, and a magistrate may enter an order specifying, an alternative transportation provider or, if no alternative transportation provider is available, willing, and able to provide transportation in a safe manner, the local law-enforcement agency for the jurisdiction in which the person resides or, if the nearest boundary of the jurisdiction in which the person resides is more than 50 miles from the nearest boundary of the jurisdiction in which the person is located, the law-enforcement agency of the jurisdiction in which the person is located, to provide transportation.
E. The magistrate may change the transportation provider specified in a temporary detention order at any time prior to the initiation of transportation of a person who is the subject of a temporary detention order pursuant to this section. If the designated transportation provider is changed by the magistrate at any time after the temporary detention order has been executed but prior to the initiation of transportation, the transportation provider having custody of the person shall transfer custody of the person to the transportation provider subsequently specified to provide transportation. For the purposes of this subsection, "transportation provider" includes both a law-enforcement agency and an alternative transportation provider.
F. A law-enforcement officer may lawfully go to or be sent beyond the territorial limits of the county, city, or town in which he serves to any point in the Commonwealth for the purpose of executing any temporary detention order pursuant to this section. Law-enforcement agencies may enter into agreements to facilitate the execution of temporary detention orders and provide transportation.
G. No person who provides alternative transportation pursuant to this section shall be liable to the person being transported for any civil damages for ordinary negligence in acts or omissions that result from providing such alternative transportation.
2. That the Department of Behavioral Health and Developmental Services shall amend its existing contract for the provision of alternative transportation of a person who is subject to an emergency custody or temporary detention order or enter into new contracts for alternative transportation of a person who is subject to an emergency custody or temporary detention order to ensure sufficient availability of alternative transportation providers to retain sufficient licensed security staff to take custody of and provide transportation for persons for whom alternative transportation is ordered immediately upon execution of an emergency custody or temporary detention order, as provided in this act.
