RECONVENED SESSION REENROLLED VIRGINIA ACTS OF ASSEMBLY --–– 2022 RECONVENED SESSION CHAPTER 730R An Act to amend and reenact §§ 15.2-1731, 15.2-1734, 15.2-1735, 15.2-1736, 37.2-808, and 37.2-810 of the Code of Virginia, relating to custody and transportation of persons subject to emergency custody orders or temporary detention process;

E N [S 593] R Approved AprilO 27, 2022 Be it enacted by the General Assembly of Virginia:

That §§ 15.2-1731, 15.2-1734, 15.2-1735, 15.2-1736, 37.2-808, and 37.2-810 of the Code of L Virginia are amended and reenacted as follows:

L § 15.2-1731.

E A.

Localities, for the further preservation of the public peace, safety, and good order of the community, may establish, equip, and maintain auxiliary police forces that have all the powers andDnd trainingauthority requirementsand establishedall by the Departmentimmunities of Criminalfull-time Justicelaw-enforcement Servicesofficers, underif §all 9.1-102.etsuch forces have met the B.traB.

Notwithstanding any other provision of this section, an auxiliary officer shall be exempted from any initial training requirement established under § 9.1-102 until a date one year subsequent to the approval by the Criminal Justice Services Board of compulsory minimum training standards for auxiliary police officers, except that (i) any such officer shall not be permitted to carry or use a firearm while serving as an auxiliary police officer unless such officer has met the firearms training requirements established in accordance with in-service training standards for law-enforcement officers as prescribedprSscribed by the Criminal Justice Services Board, and (ii) any such officer shall have one year following theth5 approval by theC. Board to comply with the compulsory minimum training standards.

C.Auxiliary police forces established pursuant to this section, who have met the training 3 requirements of § 9.1-102, may be called into service by the chief law-enforcement officer as R appropriate to provide transportation for such person subject to an emergency custody order pursuant to § 37.2-808 or to provide transportation for a person in the temporary detention process pursuant to § 37.2-810.

Auxiliary police forces established pursuant to this section, who have met the training requirements of § 9.1-102, may be called into service by the chief law-enforcement officer as appropriate to provide transportation for such person subject to an emergency custody order pursuant to § 37.2-808 or to provide transportation for a person in the temporary detention process pursuant to § 37.2-810.

A.may be deemed necessary (i) in time of public emergency,;

A(ii) localityat maysuch calltimes intoas servicethere orare provideinsufficienters foras callingnumbers intoof serviceregular such auxiliary police officers asto maypreserve bethe deemedpeace, necessarysafety, (i)and ingood timeorder of publicthe emergency,;community, or;

(ii) at such times as there are insufficient numbers of regular police officers to preserve the peace, safety, and good order of the community, or;

B.of § 15.2-1731 may be called into service by the chief of police of any locality to aid and assist regular police officers in the performance of their duties, including providing transportation for such person subject to an emergency custody order pursuant to § 37.2-808 or providing transportation for a person in the temporary detention process pursuant to § 37.2-810.

Members of any auxiliary police force who have been trained in accordance with the provisions of § 15.2-1731 may be called into service by the chief of police of any locality to aid and assist regular police officers in the performance of their duties, including providing transportation for such person subject to an emergency custody order pursuant to § 37.2-808 or providing transportation for a person in the temporary detention process pursuant to § 37.2-810.

§ 15.2-1735.

Acting beyond limits of jurisdiction of locality.

The governing bodies of localities, institutions of higher learning having a police force appointed pursuant to subsection B of § 23.1-812, and institutions of higher education having a private police force, as well as sheriffs, and the Director of the Department of Conservation and Recreation with commissioned conservation officers, or any combination thereof may, by proper resolutions, enter in and become a party to contracts or mutual aid agreements for the use of their joint forces, both regular and of 5 auxiliary, their equipment and materials to maintain peace and good order, including providing transportation for such person subject to an emergency custody order pursuant to § 37.2-808 or of 5 providing transportation for a person in the temporary detention process pursuant to § 37.2-810.

of 5 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 immediatelyimmediateRy in accordance with state and federal law.

Transportation under this section shall include transportationtransporEation 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.admission.son subject to the D.

In specifying the primary law-enforcement agency and jurisdiction for purposes of 5this D.section, the magistrate or court shall order the primary law-enforcement agency from the jurisdiction seNved 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.

InIf specifying the primarycommunity law-enforcementservices agencyboard andserves jurisdictionOore forthan purposesone ofjurisdiction, this section, the magistrate or court shall orderdesignate the primary law-enforcement agency from the jurisdictionsubject servedof by the communityemergency servicescustody boardorder thatwas designatedtaken theinto personcustody toor, performif the evaluationperson requiredhas innot subsectionyet Bbeenis totaken executeinto custody, the orderprimary and,law-enforcement inagency casesfrom inthe whichjurisdiction transportationwhere isthe orderedperson tois bepresently providedlocated byto execute the primaryorder law-enforcementand agency, provide transportation.

IfE theE. 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) harm, and (iii) in cases in which transportation is provided by a law-enforcement agency, has enteredm 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.

TheS law-enforcementF. 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 the5county, city, or town in which he serves to any point in the Commonwealth for the purpose of executing 3n emeG.

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.

The period of custody.shall not exceed eight hours from the time the law-enforcement officer takes the person into 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 custody as stated in this section.

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.

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.

An emergency custody order shall be valid for a period not to exceed eighteigL. hours from the time of execution.

L.Nothing in this section shall preclude the issuance of an order for temporary detention for testing, of 5 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.

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.

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, of 5 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.

The temporary detention facility shall return a copy of the temporary of 5 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 thetRe court may be accomplished electronically or by facsimile.

TheE 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.