SB 497 — Temporary detention order; alternative transportation.

SESSION ENROLLED VIRGINIA ACTS OF ASSEMBLY ––-- 2024 SESSION CHAPTER E680 An Act to amend and reenact § 37.2-810 of the Code of Virginia, relating to temporary detention order;

R O [S 497] Approved LApril L8, 2024 Be it enacted by the General Assembly of Virginia:

E § 37.2-810.

DA. the magistrate shall specify in the temporary detention order the law-enforcement agency of thection, 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,In ifspecifying the nearestprimary 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 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.Btransportation. B.

TheB. magistrate issuing the temporary detention order shall (i) specify the law-enforcemen9 agency provider, the magistrate shall 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.

The magistrate issuing the temporary detention order shall (i) specify the law-enforcement agency to execute the order and (ii) designate a transportation provider.

In determining the transportation provider, the magistrate shall 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.

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 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 (a) no alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner or (b) the law-enforcement agency elects to provide transportation, the magistrate shallnshall in a safe designate the primary law-enforcement agency and jurisdiction designated to execute the temporary detention order to provide transportation of the person.

The primary law-enforcement agency may transfer custody of the person to the alternative transportation provider immediately upon execution of the temporary detention order based on the custodyavailability of the person from the time custody is transferred to the alternative transportation providerproviders. bytain 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.

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.

The temporary detention facility shall return a copy of the temporary todetention a law-enforcement officer or alternative transportation provider and return of an order to the courtercourt maydesignated beby accomplishedthe electronicallymagistrate oras bysoon facsimile.as is practicable.

Delivery of 2an The order mayto includea transportationlaw-enforcement ofofficer theor personalternative totransportation suchprovider otherand medicalreturn facilityof asan mayorder beto necessarythe tocourt obtainmay furtherbe medicalaccomplished evaluationelectronically or treatment prior to placement as required by afacsimile. physician at the admitting temporary detention facility.

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 of 2 at the admitting temporary detention facility.