{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-808.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-808.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-808.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-808.html"}],"law_id":61742,"edition_id":1,"section_id":61742,"structure_id":15915,"section_number":"37.2-808","catch_line":"(Effective July 1, 2026) Emergency custody; issuance and execution of order","history":"1995, c. 844, \u00a7 37.1-67.01; 1996, c. 893; 1998, c. 611; 2004, c. 737; 2005, c. 716; 2007, c. 7; 2008, cc. 202, 551, 691, 775, 779, 782, 784, 793, 850, 870; 2009, cc. 21, 112, 383, 455, 555, 607, 697, 838; 2010, cc. 778, 825; 2011, c. 249; 2013, c. 371; 2014, cc. 691, 761; 2015, cc. 297, 308, 659; 2018, c. 570; 2020, cc. 1233, 1267; 2021, Sp. Sess. I, cc. 523, 540; 2022, c. 730; 2023, c. 327; 2024, cc. 649, 682, 780; 2025, cc. 504.","full_text":"A\n\nAny 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.\n\t\t\tWhen 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\n\nAny 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\n\nThe magistrate or court issuing an emergency custody order shall specify the primary law-enforcement agency and jurisdiction to execute the emergency custody order and provide transportation. However, the magistrate or court shall authorize transportation by an 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, 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 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 alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner.\n\t\t\tWhen 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. 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.\n\t\t\tTransportation 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\n\nIn 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\n\nThe 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\n\nA 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\n\nA 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\n\nA 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\n\nNothing 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\n\nA 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\n\nThe 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. For any person who has received an evaluation or treatment while in emergency custody and for whom no temporary detention order is issued, the evaluator or treating health care professional shall consider, prior to the person’s release or the expiration of the emergency custody order, whether referral of the person to a community-based outpatient stabilization program for voluntary treatment is appropriate.L\n\nNothing 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. The (i) evaluator conducting the evaluation pursuant to subsection B and § 37.2-809 or (ii) hospital emergency department and treating physician or other health care provider designated by the physician shall allow a family member or legal guardian of the individual subject to evaluation who is present, and who may provide support and supportive decision-making, to be present with the individual unless the individual objects or the evaluator or treating physician determines that the presence of any such person would create a medical, clinical, or safety risk to the patient or health care provider or interferes with patient care. No provision of this section shall delay the process of the patient receiving treatment.M\n\nAny 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\n\nIf 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\n\nIn 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\n\nPayments 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\n\nAn employee or contractor of an entity providing alternative transportation services pursuant to a contract with the Department who has completed training approved by the Department in the proper and safe use of restraint may use restraint (i) if restraint is necessary to ensure the safety of the person or others or prevent escape and (ii) if less restrictive techniques have been determined to be ineffective to protect the person or others from harm or to prevent escape.R\n\nNo 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.S\n\nFor purposes of this section:\n\t\t\t“Law-enforcement agency” includes an auxiliary police force established pursuant to § 15.2-1731.\n\t\t\t“Law-enforcement officer” includes an auxiliary police officer appointed or provided for pursuant to §§ 15.2-1731 and 15.2-1733, except for the purposes of subsection G.","order_by":null,"text":{"0":{"id":225474,"text":"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.\n\t\t\tWhen 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.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":225475,"text":"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.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":225476,"text":"The magistrate or court issuing an emergency custody order shall specify the primary law-enforcement agency and jurisdiction to execute the emergency custody order and provide transportation. However, the magistrate or court shall authorize transportation by an 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, 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 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 alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner.\n\t\t\tWhen 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. 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.\n\t\t\tTransportation 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.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":225477,"text":"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.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":225478,"text":"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.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":225479,"text":"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.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":225480,"text":"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.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":225481,"text":"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.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":225482,"text":"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.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"9":{"id":225483,"text":"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.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"10":{"id":225484,"text":"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. For any person who has received an evaluation or treatment while in emergency custody and for whom no temporary detention order is issued, the evaluator or treating health care professional shall consider, prior to the person’s release or the expiration of the emergency custody order, whether referral of the person to a community-based outpatient stabilization program for voluntary treatment is appropriate.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"11":{"id":225485,"text":"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. The (i) evaluator conducting the evaluation pursuant to subsection B and § 37.2-809 or (ii) hospital emergency department and treating physician or other health care provider designated by the physician shall allow a family member or legal guardian of the individual subject to evaluation who is present, and who may provide support and supportive decision-making, to be present with the individual unless the individual objects or the evaluator or treating physician determines that the presence of any such person would create a medical, clinical, or safety risk to the patient or health care provider or interferes with patient care. No provision of this section shall delay the process of the patient receiving treatment.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"12":{"id":225486,"text":"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.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L","next_prefix":"N"},"13":{"id":225487,"text":"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.","type":"section","prefixes":["N"],"prefix":"N","entire_prefix":"N","prefix_anchor":"N","level":1,"prior_prefix":"M","next_prefix":"O"},"14":{"id":225488,"text":"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.","type":"section","prefixes":["O"],"prefix":"O","entire_prefix":"O","prefix_anchor":"O","level":1,"prior_prefix":"N","next_prefix":"P"},"15":{"id":225489,"text":"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.","type":"section","prefixes":["P"],"prefix":"P","entire_prefix":"P","prefix_anchor":"P","level":1,"prior_prefix":"O","next_prefix":"Q"},"16":{"id":225490,"text":"An employee or contractor of an entity providing alternative transportation services pursuant to a contract with the Department who has completed training approved by the Department in the proper and safe use of restraint may use restraint (i) if restraint is necessary to ensure the safety of the person or others or prevent escape and (ii) if less restrictive techniques have been determined to be ineffective to protect the person or others from harm or to prevent escape.","type":"section","prefixes":["Q"],"prefix":"Q","entire_prefix":"Q","prefix_anchor":"Q","level":1,"prior_prefix":"P","next_prefix":"R"},"17":{"id":225491,"text":"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.","type":"section","prefixes":["R"],"prefix":"R","entire_prefix":"R","prefix_anchor":"R","level":1,"prior_prefix":"Q","next_prefix":"S"},"18":{"id":225492,"text":"For purposes of this section:\n\t\t\t“Law-enforcement agency” includes an auxiliary police force established pursuant to § 15.2-1731.\n\t\t\t“Law-enforcement officer” includes an auxiliary police officer appointed or provided for pursuant to §§ 15.2-1731 and 15.2-1733, except for the purposes of subsection G.","type":"section","prefixes":["S"],"prefix":"S","entire_prefix":"S","prefix_anchor":"S","level":1,"prior_prefix":"R"}},"ancestry":[{"id":15915,"edition_id":1,"name":"Emergency Custody and Involuntary Temporary Detention","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":12890,"metadata":{},"date_created":"2026-06-26 04:01:48","date_modified":"2026-06-26 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03:43:59","permalink":{"id":210255,"object_type":"structure","relational_id":12889,"identifier":"III","token":"37.2\/III","url":"\/37.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":61742,"structure_id":15915,"section_number":"37.2-808","catch_line":"(Effective July 1, 2026) Emergency custody; issuance and execution of order","url":"\/37.2-808\/","token":"37.2\/III\/8\/4\/37.2-808","metadata":false},{"id":70156,"structure_id":15915,"section_number":"37.2-809","catch_line":"(Effective July 1, 2026) Involuntary temporary detention; issuance and execution of order","url":"\/37.2-809\/","token":"37.2\/III\/8\/4\/37.2-809","metadata":false},{"id":85050,"structure_id":15915,"section_number":"37.2-809.1","catch_line":"(Effective July 1, 2026) Facility of temporary detention","url":"\/37.2-809.1\/","token":"37.2\/III\/8\/4\/37.2-809.1","metadata":false},{"id":79706,"structure_id":15915,"section_number":"37.2-810","catch_line":"(Effective July 1, 2026) Transportation of person in the temporary detention process","url":"\/37.2-810\/","token":"37.2\/III\/8\/4\/37.2-810","metadata":false},{"id":68064,"structure_id":15915,"section_number":"37.2-811","catch_line":"Emergency treatment of inmates in the custody of local correctional facilities","url":"\/37.2-811\/","token":"37.2\/III\/8\/4\/37.2-811","metadata":false},{"id":80737,"structure_id":15915,"section_number":"37.2-812","catch_line":"Repealed","url":"\/37.2-812\/","token":"37.2\/III\/8\/4\/37.2-812","metadata":false},{"id":69246,"structure_id":15915,"section_number":"37.2-813","catch_line":"(Effective July 1, 2026) Release of person prior to commitment hearing for involuntary admission","url":"\/37.2-813\/","token":"37.2\/III\/8\/4\/37.2-813","metadata":false}],"next_section":{"id":70156,"structure_id":15915,"section_number":"37.2-809","catch_line":"(Effective July 1, 2026) Involuntary temporary detention; issuance and execution of order","url":"\/37.2-809\/","token":"37.2\/III\/8\/4\/37.2-809","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-808\/","history_text":"

This law was first created in 1995. The record of its establishment is cataloged in chapter 844<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 18 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1996, chapter 893<\/a>; in 1998, chapter 611<\/a>; in 2004, chapter 737<\/a>; in 2005, chapter 716<\/a>; in 2007, chapter 7<\/a>; in 2008, chapters 202<\/a>, 551<\/a>, 691<\/a>, 775<\/a>, 779<\/a>, 782<\/a>, 784<\/a>, 793<\/a>, 850<\/a>, and 870<\/a>; in 2009, chapters 21<\/a>, 112<\/a>, 383<\/a>, 455<\/a>, 555<\/a>, 607<\/a>, 697<\/a>, and 838<\/a>; in 2010, chapters 778<\/a> and 825<\/a>; in 2011, chapter 249<\/a>; in 2013, chapter 371<\/a>; in 2014, chapters 691<\/a> and 761<\/a>; in 2015, chapters 297<\/a>, 308<\/a>, and 659<\/a>; in 2018, chapter 570<\/a>; in 2020, chapters 1233<\/a> and 1267<\/a>; in 2022, chapter 730<\/a>; in 2023, chapter 327<\/a>; in 2024, chapters 649<\/a>, 682<\/a>, and 780<\/a>; in 2025, chapter 504<\/a>.<\/p>","references":[{"id":74490,"section_number":"15.2-1704","catch_line":"Powers and duties of police force","order_by":null,"url":"\/15.2-1704\/"},{"id":60256,"section_number":"15.2-1724","catch_line":"Police and other officers may be sent beyond territorial limits","order_by":null,"url":"\/15.2-1724\/"},{"id":79396,"section_number":"15.2-1731","catch_line":"Establishment, etc., authorized; powers, authority and immunities generally","order_by":null,"url":"\/15.2-1731\/"},{"id":62848,"section_number":"15.2-1734","catch_line":"Calling auxiliary police officers into service; police officers performing service to wear uniform; exception","order_by":null,"url":"\/15.2-1734\/"},{"id":85504,"section_number":"15.2-1735","catch_line":"Acting beyond limits of jurisdiction of locality","order_by":null,"url":"\/15.2-1735\/"},{"id":83919,"section_number":"15.2-1736","catch_line":"Mutual aid agreements among governing bodies of localities","order_by":null,"url":"\/15.2-1736\/"},{"id":70858,"section_number":"18.2-60","catch_line":"Threats of death or bodily injury to a person or member of his family; threats of death or discharge of a firearm on school property; threats of death or bodily injury to health care providers; penalties","order_by":null,"url":"\/18.2-60\/"},{"id":72961,"section_number":"19.2-13","catch_line":"Special conservators of the peace; authority; jurisdiction; registration; liability of employers; penalty; report","order_by":null,"url":"\/19.2-13\/"},{"id":76399,"section_number":"19.2-182.5","catch_line":"Review of continuation of confinement hearing; procedure and reports; disposition","order_by":null,"url":"\/19.2-182.5\/"},{"id":86739,"section_number":"19.2-81.3","catch_line":"Arrest without a warrant authorized in cases of assault and battery against a family or household member and stalking and for violations of protective orders; procedure, etc","order_by":null,"url":"\/19.2-81.3\/"},{"id":74221,"section_number":"37.2-1104","catch_line":"Temporary detention in hospital for testing, observation, or treatment","order_by":null,"url":"\/37.2-1104\/"},{"id":63295,"section_number":"37.2-801","catch_line":"Admission procedures; forms","order_by":null,"url":"\/37.2-801\/"},{"id":70156,"section_number":"37.2-809","catch_line":"(Effective July 1, 2026) Involuntary temporary detention; issuance and execution of order","order_by":null,"url":"\/37.2-809\/"},{"id":85050,"section_number":"37.2-809.1","catch_line":"(Effective July 1, 2026) Facility of temporary detention","order_by":null,"url":"\/37.2-809.1\/"},{"id":79706,"section_number":"37.2-810","catch_line":"(Effective July 1, 2026) Transportation of person in the temporary detention process","order_by":null,"url":"\/37.2-810\/"},{"id":71942,"section_number":"37.2-817.1","catch_line":"Monitoring and court review of mandatory outpatient treatment","order_by":null,"url":"\/37.2-817.1\/"},{"id":54198,"section_number":"9.1-102","catch_line":"Powers and duties of the Board and the Department","order_by":null,"url":"\/9.1-102\/"}],"refers_to":[{"id":79396,"section_number":"15.2-1731","catch_line":"Establishment, etc., authorized; powers, authority and immunities generally","order_by":null,"url":"\/15.2-1731\/"},{"id":69908,"section_number":"15.2-1733","catch_line":"Appointment of auxiliary police officers; revocation of appointment; uniform; organization; rules and regulations","order_by":null,"url":"\/15.2-1733\/"},{"id":58525,"section_number":"19.2-271.6","catch_line":"Evidence of defendant's mental condition admissible; notice to Commonwealth","order_by":null,"url":"\/19.2-271.6\/"},{"id":60379,"section_number":"37.2-1101","catch_line":"Judicial authorization of treatment","order_by":null,"url":"\/37.2-1101\/"},{"id":74221,"section_number":"37.2-1104","catch_line":"Temporary detention in hospital for testing, observation, or treatment","order_by":null,"url":"\/37.2-1104\/"},{"id":86844,"section_number":"37.2-804","catch_line":"Fees and expenses","order_by":null,"url":"\/37.2-804\/"},{"id":57446,"section_number":"37.2-804.2","catch_line":"(Effective July 1, 2026) Disclosure of records","order_by":null,"url":"\/37.2-804.2\/"},{"id":70156,"section_number":"37.2-809","catch_line":"(Effective July 1, 2026) Involuntary temporary detention; issuance and execution of order","order_by":null,"url":"\/37.2-809\/"}],"permalink":{"id":210311,"object_type":"law","relational_id":61742,"identifier":"37.2-808","token":"37.2\/III\/8\/4\/37.2-808","url":"\/37.2-808\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-808\/","token":"37.2\/III\/8\/4\/37.2-808","dublin_core":{"Title":"(Effective July 1, 2026) Emergency custody; issuance and execution of order","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-808","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any magistrate<\/span> shall issue<\/span>, upon the sworn petition<\/span> of any responsible person, treating physician, or upon his own motion<\/span>, or a court<\/span> may issue<\/span> pursuant to § 19.2-271.6<\/a>, an emergency custody<\/span> order<\/span> when he has probable cause<\/span> to believe that any person (i) has a mental illness<\/span> and that there exists a substantial likelihood that, as a result of mental illness<\/span>, 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<\/span> order<\/span> entered pursuant to this section shall provide for the disclosure of medical records pursuant to § 37.2-804.2<\/a>. This subsection shall not preclude any other disclosures as required or permitted by law<\/span>.\n\t\t\tWhen considering whether there is probable cause<\/span> to issue<\/span> an emergency custody<\/span> order<\/span>, the magistrate<\/span> may, in addition to the petition<\/span>, or the court<\/span> may pursuant to § 19.2-271.6<\/a>, 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<\/span> of the person, (4) any relevant hearsay<\/span> evidence<\/span>, (5) any medical records available, (6) any affidavits<\/span> submitted, if the witness<\/span> is unavailable and it so states<\/span> in the affidavit<\/span>, and (7) any other information available that the magistrate<\/span> or the court<\/span> considers relevant to the determination of whether probable cause<\/span> exists to issue<\/span> an emergency custody<\/span> order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any person for whom an emergency custody<\/span> order<\/span> is issued shall be taken into custody<\/span> 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<\/a> and to assess the need for hospitalization or treatment. The evaluation shall be made by a person designated by the community services board<\/span> who is skilled in the diagnosis and treatment of mental illness<\/span> and who has completed a certification program approved by the Department<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The magistrate<\/span> or court<\/span> issuing an emergency custody<\/span> order<\/span> shall specify the primary law<\/span>-enforcement agency<\/span> and jurisdiction<\/span> to execute the emergency custody<\/span> order<\/span> and provide transportation. However, the magistrate<\/span> or court<\/span> shall authorize transportation by an alternative transportation provider in accordance with this section, whenever an alternative transportation provider is identified to the magistrate<\/span> or court<\/span>, which may be a person, facility<\/span>, or agency, including a family member<\/span> or friend of the person who is the subject of the order<\/span>, a representative of the community services board<\/span>, 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<\/span> or its designee; the local law<\/span>-enforcement agency<\/span>, 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<\/span> or court<\/span> 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.\n\t\t\tWhen transportation is ordered to be provided by an alternative transportation provider, the magistrate<\/span> or court<\/span> shall order<\/span> the specified primary law<\/span>-enforcement agency<\/span> to execute the order<\/span>, to take the person into custody<\/span>, and to transfer custody<\/span> of the person to the alternative transportation provider identified in the order<\/span>. In such cases, a copy of the emergency custody<\/span> order<\/span> 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<\/span> or its designee responsible for conducting the evaluation. The community services board<\/span> or its designee conducting the evaluation shall return a copy of the emergency custody<\/span> order<\/span> to the court<\/span> designated by the magistrate<\/span> or the court<\/span> that issued the emergency custody<\/span> order<\/span> as soon as is practicable. Delivery of an order<\/span> to a law<\/span>-enforcement officer<\/span> or alternative transportation provider and return of an order<\/span> to the court<\/span> may be accomplished electronically or by facsimile.\n\t\t\tTransportation under this section shall include transportation to a medical facility<\/span> as may be necessary to obtain emergency medical evaluation or treatment that shall be conducted immediately in accordance with state<\/span> and federal law<\/span>. Transportation under this section shall include transportation to a medical facility<\/span> for a medical evaluation if a physician at the hospital in which the person subject to the emergency custody<\/span> order<\/span> may be detained requires a medical evaluation prior to admission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In specifying the primary law<\/span>-enforcement agency<\/span> and jurisdiction<\/span> for purposes of this section, the magistrate<\/span> or court<\/span> shall order<\/span> the primary law<\/span>-enforcement agency<\/span> from the jurisdiction<\/span> served by the community services board<\/span> that designated the person to perform the evaluation required in subsection B to execute the order<\/span> and, in cases in which transportation is ordered to be provided by the primary law<\/span>-enforcement agency<\/span>, provide transportation. If the community services board<\/span> serves more than one jurisdiction<\/span>, the magistrate<\/span> or court<\/span> shall designate the primary law<\/span>-enforcement agency<\/span> from the particular jurisdiction<\/span> within the community services board<\/span>’s service area<\/span> where the person who is the subject of the emergency custody<\/span> order<\/span> was taken into custody<\/span> or, if the person has not yet been taken into custody<\/span>, the primary law<\/span>-enforcement agency<\/span> from the jurisdiction<\/span> where the person is presently located to execute the order<\/span> and provide transportation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The law<\/span>-enforcement agency<\/span> or alternative transportation provider providing transportation pursuant to this section may transfer custody<\/span> of the person to the facility<\/span> or location to which the person is transported for the evaluation required in subsection B, G, or H if the facility<\/span> 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<\/span>-enforcement agency<\/span>, has entered into an agreement or memorandum<\/span> of understanding with the law<\/span>-enforcement agency<\/span> setting forth the terms and conditions under which it will accept a transfer of custody<\/span>, provided, however, that the facility<\/span> or location may not require the law<\/span>-enforcement agency<\/span> to pay any fees or costs for the transfer of custody<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A law<\/span>-enforcement officer<\/span> 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<\/span> order<\/span> pursuant to this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> A law<\/span>-enforcement officer<\/span> who, based upon his observation or the reliable reports of others, has probable cause<\/span> to believe that a person meets the criteria for emergency custody<\/span> as stated in this section may take that person into custody<\/span> and transport that person to an appropriate location to assess the need for hospitalization or treatment without prior authorization. A law<\/span>-enforcement officer<\/span> who takes a person into custody<\/span> 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<\/span> shall not exceed eight hours from the time the law<\/span>-enforcement officer<\/span> takes the person into custody<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> A law<\/span>-enforcement officer<\/span> who is transporting a person who has voluntarily consented to be transported to a facility<\/span> 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<\/span> and transport him to an appropriate location to assess the need for hospitalization or treatment without prior authorization when the law<\/span>-enforcement officer<\/span> determines (i) that the person has revoked consent to be transported to a facility<\/span> for the purpose of assessment or evaluation, and (ii) based upon his observations, that probable cause<\/span> exists to believe that the person meets the criteria for emergency custody<\/span> as stated in this section. The period of custody<\/span> shall not exceed eight hours from the time the law<\/span>-enforcement officer<\/span> takes the person into custody<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Nothing herein shall preclude a law<\/span>-enforcement officer<\/span> or alternative transportation provider from obtaining emergency medical treatment or further medical evaluation at any time for a person in his custody<\/span> as provided in this section. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> A representative of the primary law<\/span>-enforcement agency<\/span> specified to execute an emergency custody<\/span> order<\/span> or a representative of the law<\/span>-enforcement agency<\/span> employing a law<\/span>-enforcement officer<\/span> who takes a person into custody<\/span> pursuant to subsection G or H shall notify the community services board<\/span> responsible for conducting the evaluation required in subsection B, G, or H as soon as practicable after execution of the emergency custody<\/span> order<\/span> or after the person has been taken into custody<\/span> pursuant to subsection G or H. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> The person shall remain in custody<\/span> until (i) a temporary detention order<\/span> is issued in accordance with § 37.2-809<\/a>, (ii) an order<\/span> for temporary detention for observation, testing, or treatment is entered in accordance with § 37.2-1104<\/a>, ending law<\/span> enforcement custody<\/span>, (iii) the person is released, or (iv) the emergency custody<\/span> order<\/span> expires. An emergency custody<\/span> order<\/span> shall be valid for a period not to exceed eight hours from the time of execution. For any person who has received an evaluation or treatment while in emergency custody<\/span> and for whom no temporary detention order<\/span> is issued, the evaluator or treating health care professional shall consider, prior to the person’s release or the expiration of the emergency custody<\/span> order<\/span>, whether referral of the person to a community-based outpatient stabilization program for voluntary treatment is appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> Nothing in this section shall preclude the issuance of an order<\/span> for temporary detention for testing, observation, or treatment pursuant to § 37.2-1104<\/a> for a person who is also the subject of an emergency custody<\/span> order<\/span> issued pursuant to this section. In any case in which an order<\/span> for temporary detention for testing, observation, or treatment is issued for a person who is also the subject of an emergency custody<\/span> order<\/span>, the person may be detained by a hospital emergency room or other appropriate facility<\/span> for testing, observation, and treatment for a period not to exceed 24 hours, unless extended by the court<\/span> as part of an order<\/span> pursuant to § 37.2-1101<\/a>, in accordance with subsection C of § 37.2-1104<\/a>. Upon completion of testing, observation, or treatment pursuant to § 37.2-1104<\/a>, the hospital emergency room or other appropriate facility<\/span> in which the person is detained shall notify the nearest community services board<\/span>, and the designee of the community services board<\/span> shall, as soon as is practicable and prior to the expiration of the order<\/span> for temporary detention issued pursuant to § 37.2-1104<\/a>, conduct an evaluation of the person to determine if he meets the criteria for temporary detention pursuant to § 37.2-809<\/a>. The (i) evaluator conducting the evaluation pursuant to subsection B and § 37.2-809<\/a> or (ii) hospital emergency department<\/span> and treating physician or other health care provider designated by the physician shall allow a family member<\/span> or legal guardian of the individual<\/span> subject to evaluation who is present, and who may provide support and supportive decision-making, to be present with the individual<\/span> unless the individual<\/span> objects<\/span> or the evaluator or treating physician determines that the presence of any such person would create a medical, clinical, or safety risk to the patient or health care provider or interferes with patient care. No provision of this section shall delay the process of the patient receiving treatment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> Any person taken into emergency custody<\/span> pursuant to this section shall be given a written summary of the emergency custody<\/span> procedures and the statutory protections associated with those procedures. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

N.<\/span> If an emergency custody<\/span> order<\/span> is not executed within eight hours of its issuance, the order<\/span> shall be void and shall be returned unexecuted to the office of the clerk of the issuing court<\/span> or, if such office is not open, to any magistrate<\/span> serving the jurisdiction<\/span> of the issuing court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

O.<\/span> In addition to the eight-hour period of emergency custody<\/span> set forth in subsection G, H, or K, if the individual<\/span> is detained in a state<\/span> facility<\/span> pursuant to subsection E of § 37.2-809<\/a>, the state<\/span> facility<\/span> and an employee or designee of the community services board<\/span> as defined in § 37.2-809<\/a> may, for an additional four hours, continue to attempt to identify an alternative facility<\/span> that is able and willing to provide temporary detention and appropriate care to the individual<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

P.<\/span> Payments shall be made pursuant to § 37.2-804<\/a> to licensed health care providers for medical screening and assessment services provided to persons with mental illnesses while in emergency custody<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

Q.<\/span> An employee or contractor of an entity providing alternative transportation services pursuant to a contract<\/span> with the Department<\/span> who has completed training approved by the Department<\/span> in the proper and safe use of restraint may use restraint (i) if restraint is necessary to ensure the safety of the person or others or prevent escape and (ii) if less restrictive techniques have been determined to be ineffective to protect the person or others from harm or to prevent escape. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

R.<\/span> No person who provides alternative transportation pursuant to this section shall be liable to the person being transported for any civil damages<\/span> for ordinary negligence<\/span> in acts or omissions that result from providing such alternative transportation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

S.<\/span> For purposes of this section:\n\t\t\t“Law<\/span>-enforcement agency<\/span>” includes an auxiliary police force established pursuant to § 15.2-1731<\/a>.\n\t\t\t“Law<\/span>-enforcement officer<\/span>” includes an auxiliary police officer appointed or provided for pursuant to §§ 15.2-1731<\/a> and 15.2-1733<\/a>, except for the purposes of subsection G. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) EMERGENCY CUSTODY; ISSUANCE AND EXECUTION OF ORDER (\u00a7\n37.2-808)\n\nA. Any magistrate shall issue, upon the sworn petition of any responsible\nperson, treating physician, or upon his own motion, or a court may issue\npursuant to § 19.2-271.6, an emergency custody order when he has probable\ncause to believe that any person (i) has a mental illness and that there exists\na substantial likelihood that, as a result of mental illness, the person will,\nin the near future, (a) cause serious physical harm to himself or others as\nevidenced by recent behavior causing, attempting, or threatening harm and other\nrelevant information, if any, or (b) suffer serious harm due to his lack of\ncapacity to protect himself from harm or to provide for his basic human needs,\n(ii) is in need of hospitalization or treatment, and (iii) is unwilling to\nvolunteer or incapable of volunteering for hospitalization or treatment. Any\nemergency custody order entered pursuant to this section shall provide for the\ndisclosure of medical records pursuant to § 37.2-804.2. This subsection\nshall not preclude any other disclosures as required or permitted by law.\n\t\t\tWhen considering whether there is probable cause to issue an emergency\ncustody order, the magistrate may, in addition to the petition, or the court may\npursuant to § 19.2-271.6, consider (1) the recommendations of any treating\nor examining physician or psychologist licensed in Virginia, if available, (2)\nany past actions of the person, (3) any past mental health treatment of the\nperson, (4) any relevant hearsay evidence, (5) any medical records available,\n(6) any affidavits submitted, if the witness is unavailable and it so states in\nthe affidavit, and (7) any other information available that the magistrate or\nthe court considers relevant to the determination of whether probable cause\nexists to issue an emergency custody order.\n\nB. Any person for whom an emergency custody order is issued shall be taken into\ncustody and transported to a convenient location to be evaluated to determine\nwhether the person meets the criteria for temporary detention pursuant to §\n37.2-809 and to assess the need for hospitalization or treatment. The evaluation\nshall be made by a person designated by the community services board who is\nskilled in the diagnosis and treatment of mental illness and who has completed a\ncertification program approved by the Department.\n\nC. The magistrate or court issuing an emergency custody order shall specify the\nprimary law-enforcement agency and jurisdiction to execute the emergency custody\norder and provide transportation. However, the magistrate or court shall\nauthorize transportation by an alternative transportation provider in accordance\nwith this section, whenever an alternative transportation provider is identified\nto the magistrate or court, which may be a person, facility, or agency,\nincluding a family member or friend of the person who is the subject of the\norder, a representative of the community services board, or other transportation\nprovider with personnel trained to provide transportation in a safe manner, upon\ndetermining, following consideration of information provided by the petitioner;\nthe community services board or its designee; the local law-enforcement agency,\nif any; the person’s treating physician, if any; or other persons who are\navailable and have knowledge of the person, and, when the magistrate or court\ndeems appropriate, the proposed alternative transportation provider, either in\nperson or via two-way electronic video and audio or telephone communication\nsystem, that the proposed alternative transportation provider is available to\nprovide transportation, willing to provide transportation, and able to provide\ntransportation in a safe manner.\n\t\t\tWhen transportation is ordered to be provided by an alternative\ntransportation provider, the magistrate or court shall order the specified\nprimary law-enforcement agency to execute the order, to take the person into\ncustody, and to transfer custody of the person to the alternative transportation\nprovider identified in the order. In such cases, a copy of the emergency custody\norder shall accompany the person being transported pursuant to this section at\nall times and shall be delivered by the alternative transportation provider to\nthe community services board or its designee responsible for conducting the\nevaluation. The community services board or its designee conducting the\nevaluation shall return a copy of the emergency custody order to the court\ndesignated by the magistrate or the court that issued the emergency custody\norder as soon as is practicable. Delivery of an order to a law-enforcement\nofficer or alternative transportation provider and return of an order to the\ncourt may be accomplished electronically or by facsimile.\n\t\t\tTransportation under this section shall include transportation to a medical\nfacility as may be necessary to obtain emergency medical evaluation or treatment\nthat shall be conducted immediately in accordance with state and federal law.\nTransportation under this section shall include transportation to a medical\nfacility for a medical evaluation if a physician at the hospital in which the\nperson subject to the emergency custody order may be detained requires a medical\nevaluation prior to admission.\n\nD. In specifying the primary law-enforcement agency and jurisdiction for\npurposes of this section, the magistrate or court shall order the primary\nlaw-enforcement agency from the jurisdiction served by the community services\nboard that designated the person to perform the evaluation required in\nsubsection B to execute the order and, in cases in which transportation is\nordered to be provided by the primary law-enforcement agency, provide\ntransportation. If the community services board serves more than one\njurisdiction, the magistrate or court shall designate the primary\nlaw-enforcement agency from the particular jurisdiction within the community\nservices board’s service area where the person who is the subject of the\nemergency custody order was taken into custody or, if the person has not yet\nbeen taken into custody, the primary law-enforcement agency from the\njurisdiction where the person is presently located to execute the order and\nprovide transportation.\n\nE. The law-enforcement agency or alternative transportation provider providing\ntransportation pursuant to this section may transfer custody of the person to\nthe facility or location to which the person is transported for the evaluation\nrequired in subsection B, G, or H if the facility or location (i) is licensed to\nprovide the level of security necessary to protect both the person and others\nfrom harm, (ii) is actually capable of providing the level of security necessary\nto protect the person and others from harm, and (iii) in cases in which\ntransportation is provided by a law-enforcement agency, has entered into an\nagreement or memorandum of understanding with the law-enforcement agency setting\nforth the terms and conditions under which it will accept a transfer of custody,\nprovided, however, that the facility or location may not require the\nlaw-enforcement agency to pay any fees or costs for the transfer of custody.\n\nF. A law-enforcement officer may lawfully go or be sent beyond the territorial\nlimits of the county, city, or town in which he serves to any point in the\nCommonwealth for the purpose of executing an emergency custody order pursuant to\nthis section.\n\nG. A law-enforcement officer who, based upon his observation or the reliable\nreports of others, has probable cause to believe that a person meets the\ncriteria for emergency custody as stated in this section may take that person\ninto custody and transport that person to an appropriate location to assess the\nneed for hospitalization or treatment without prior authorization. A\nlaw-enforcement officer who takes a person into custody pursuant to this\nsubsection or subsection H may lawfully go or be sent beyond the territorial\nlimits of the county, city, or town in which he serves to any point in the\nCommonwealth for the purpose of obtaining the assessment. Such evaluation shall\nbe conducted immediately. The period of custody shall not exceed eight hours\nfrom the time the law-enforcement officer takes the person into custody.\n\nH. A law-enforcement officer who is transporting a person who has voluntarily\nconsented to be transported to a facility for the purpose of assessment or\nevaluation and who is beyond the territorial limits of the county, city, or town\nin which he serves may take such person into custody and transport him to an\nappropriate location to assess the need for hospitalization or treatment without\nprior authorization when the law-enforcement officer determines (i) that the\nperson has revoked consent to be transported to a facility for the purpose of\nassessment or evaluation, and (ii) based upon his observations, that probable\ncause exists to believe that the person meets the criteria for emergency custody\nas stated in this section. The period of custody shall not exceed eight hours\nfrom the time the law-enforcement officer takes the person into custody.\n\nI. Nothing herein shall preclude a law-enforcement officer or alternative\ntransportation provider from obtaining emergency medical treatment or further\nmedical evaluation at any time for a person in his custody as provided in this\nsection.\n\nJ. A representative of the primary law-enforcement agency specified to execute\nan emergency custody order or a representative of the law-enforcement agency\nemploying a law-enforcement officer who takes a person into custody pursuant to\nsubsection G or H shall notify the community services board responsible for\nconducting the evaluation required in subsection B, G, or H as soon as\npracticable after execution of the emergency custody order or after the person\nhas been taken into custody pursuant to subsection G or H.\n\nK. The person shall remain in custody until (i) a temporary detention order is\nissued in accordance with § 37.2-809, (ii) an order for temporary detention\nfor observation, testing, or treatment is entered in accordance with §\n37.2-1104, ending law enforcement custody, (iii) the person is released, or (iv)\nthe emergency custody order expires. An emergency custody order shall be valid\nfor a period not to exceed eight hours from the time of execution. For any\nperson who has received an evaluation or treatment while in emergency custody\nand for whom no temporary detention order is issued, the evaluator or treating\nhealth care professional shall consider, prior to the person’s release or\nthe expiration of the emergency custody order, whether referral of the person to\na community-based outpatient stabilization program for voluntary treatment is\nappropriate.\n\nL. Nothing in this section shall preclude the issuance of an order for temporary\ndetention for testing, observation, or treatment pursuant to § 37.2-1104\nfor a person who is also the subject of an emergency custody order issued\npursuant to this section. In any case in which an order for temporary detention\nfor testing, observation, or treatment is issued for a person who is also the\nsubject of an emergency custody order, the person may be detained by a hospital\nemergency room or other appropriate facility for testing, observation, and\ntreatment for a period not to exceed 24 hours, unless extended by the court as\npart of an order pursuant to § 37.2-1101, in accordance with subsection C\nof § 37.2-1104. Upon completion of testing, observation, or treatment\npursuant to § 37.2-1104, the hospital emergency room or other appropriate\nfacility in which the person is detained shall notify the nearest community\nservices board, and the designee of the community services board shall, as soon\nas is practicable and prior to the expiration of the order for temporary\ndetention issued pursuant to § 37.2-1104, conduct an evaluation of the\nperson to determine if he meets the criteria for temporary detention pursuant to\n§ 37.2-809. The (i) evaluator conducting the evaluation pursuant to\nsubsection B and § 37.2-809 or (ii) hospital emergency department and\ntreating physician or other health care provider designated by the physician\nshall allow a family member or legal guardian of the individual subject to\nevaluation who is present, and who may provide support and supportive\ndecision-making, to be present with the individual unless the individual objects\nor the evaluator or treating physician determines that the presence of any such\nperson would create a medical, clinical, or safety risk to the patient or health\ncare provider or interferes with patient care. No provision of this section\nshall delay the process of the patient receiving treatment.\n\nM. Any person taken into emergency custody pursuant to this section shall be\ngiven a written summary of the emergency custody procedures and the statutory\nprotections associated with those procedures.\n\nN. If an emergency custody order is not executed within eight hours of its\nissuance, the order shall be void and shall be returned unexecuted to the office\nof the clerk of the issuing court or, if such office is not open, to any\nmagistrate serving the jurisdiction of the issuing court.\n\nO. In addition to the eight-hour period of emergency custody set forth in\nsubsection G, H, or K, if the individual is detained in a state facility\npursuant to subsection E of § 37.2-809, the state facility and an employee\nor designee of the community services board as defined in § 37.2-809 may,\nfor an additional four hours, continue to attempt to identify an alternative\nfacility that is able and willing to provide temporary detention and appropriate\ncare to the individual.\n\nP. Payments shall be made pursuant to § 37.2-804 to licensed health care\nproviders for medical screening and assessment services provided to persons with\nmental illnesses while in emergency custody.\n\nQ. An employee or contractor of an entity providing alternative transportation\nservices pursuant to a contract with the Department who has completed training\napproved by the Department in the proper and safe use of restraint may use\nrestraint (i) if restraint is necessary to ensure the safety of the person or\nothers or prevent escape and (ii) if less restrictive techniques have been\ndetermined to be ineffective to protect the person or others from harm or to\nprevent escape.\n\nR. No person who provides alternative transportation pursuant to this section\nshall be liable to the person being transported for any civil damages for\nordinary negligence in acts or omissions that result from providing such\nalternative transportation.\n\nS. For purposes of this section:\n\t\t\t“Law-enforcement agency” includes an auxiliary police force\nestablished pursuant to § 15.2-1731.\n\t\t\t“Law-enforcement officer” includes an auxiliary police officer\nappointed or provided for pursuant to §§ 15.2-1731 and 15.2-1733,\nexcept for the purposes of subsection G.\n\nHISTORY: 1995, c. 844, \u00a7 37.1-67.01; 1996, c. 893; 1998, c. 611; 2004, c. 737;\n2005, c. 716; 2007, c. 7; 2008, cc. 202, 551, 691, 775, 779, 782, 784, 793, 850,\n870; 2009, cc. 21, 112, 383, 455, 555, 607, 697, 838; 2010, cc. 778, 825; 2011,\nc. 249; 2013, c. 371; 2014, cc. 691, 761; 2015, cc. 297, 308, 659; 2018, c. 570;\n2020, cc. 1233, 1267; 2021, Sp. Sess. I, cc. 523, 540; 2022, c. 730; 2023, c.\n327; 2024, cc. 649, 682, 780; 2025, cc. 504.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}