{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-809.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-809.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-809.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-809.1.html"}],"law_id":85050,"edition_id":1,"section_id":85050,"structure_id":15915,"section_number":"37.2-809.1","catch_line":"(Effective July 1, 2026) Facility of temporary detention","history":"2014, cc. 691, 773; 2015, cc. 121, 309; 2022, c. 482.","full_text":"A\n\nIn each case in which an employee or designee of the local community services board as defined in § 37.2-809 is required to make an evaluation of an individual pursuant to subsection B, G, or H of § 37.2-808, an employee or designee of the local community services board shall, upon being notified of the need for such evaluation, contact the state facility for the area in which the community services board is located and notify the state facility that the individual will be transported to the facility upon issuance of a temporary detention order if no other facility of temporary detention can be identified by the time of the expiration of the period of emergency custody pursuant to § 37.2-808. Upon completion of the evaluation, the employee or designee of the local community services board shall convey to the state facility information about the individual necessary to allow the state facility to determine the services the individual will require upon admission.B\n\nA state facility may, following the notice in accordance with subsection A, conduct a search for an alternative facility that is able and willing to provide temporary detention and appropriate care to the individual, which may include another state facility if the state facility notified in accordance with subsection A is unable to provide temporary detention and appropriate care for the individual. Under no circumstances shall a state facility fail or refuse to admit an individual who meets the criteria for temporary detention pursuant to § 37.2-809 unless an alternative facility that is able to provide temporary detention and appropriate care agrees to accept the individual for temporary detention and the individual shall not during the duration of the temporary detention order be released from custody except for purposes of transporting the individual to the state facility or alternative facility in accordance with the provisions of § 37.2-810. If an alternative facility is identified and agrees to accept the individual for temporary detention, the state facility shall notify the community services board, and an employee or designee of the community services board shall designate the alternative facility on the prescreening report.C\n\nA state facility may conduct a search for an alternative facility that is able and willing to provide temporary detention and appropriate care to the individual in accordance with subsection B if the individual is in the custody of an alternative transportation provider.D\n\nThe facility of temporary detention designated in accordance with this section shall be one that has been approved pursuant to regulations of the Board.","order_by":null,"text":{"0":{"id":304828,"text":"In each case in which an employee or designee of the local community services board as defined in § 37.2-809 is required to make an evaluation of an individual pursuant to subsection B, G, or H of § 37.2-808, an employee or designee of the local community services board shall, upon being notified of the need for such evaluation, contact the state facility for the area in which the community services board is located and notify the state facility that the individual will be transported to the facility upon issuance of a temporary detention order if no other facility of temporary detention can be identified by the time of the expiration of the period of emergency custody pursuant to § 37.2-808. Upon completion of the evaluation, the employee or designee of the local community services board shall convey to the state facility information about the individual necessary to allow the state facility to determine the services the individual will require upon admission.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":304829,"text":"A state facility may, following the notice in accordance with subsection A, conduct a search for an alternative facility that is able and willing to provide temporary detention and appropriate care to the individual, which may include another state facility if the state facility notified in accordance with subsection A is unable to provide temporary detention and appropriate care for the individual. Under no circumstances shall a state facility fail or refuse to admit an individual who meets the criteria for temporary detention pursuant to § 37.2-809 unless an alternative facility that is able to provide temporary detention and appropriate care agrees to accept the individual for temporary detention and the individual shall not during the duration of the temporary detention order be released from custody except for purposes of transporting the individual to the state facility or alternative facility in accordance with the provisions of § 37.2-810. If an alternative facility is identified and agrees to accept the individual for temporary detention, the state facility shall notify the community services board, and an employee or designee of the community services board shall designate the alternative facility on the prescreening report.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":304830,"text":"A state facility may conduct a search for an alternative facility that is able and willing to provide temporary detention and appropriate care to the individual in accordance with subsection B if the individual is in the custody of an alternative transportation provider.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":304831,"text":"The facility of temporary detention designated in accordance with this section shall be one that has been approved pursuant to regulations of the Board.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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 04:01:48","permalink":{"id":210309,"object_type":"structure","relational_id":15915,"identifier":"4","token":"37.2\/III\/8\/4","url":"\/37.2\/III\/8\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12890,"edition_id":1,"name":"Emergency Custody and Voluntary and Involuntary Civil Admissions","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12889,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":210257,"object_type":"structure","relational_id":12890,"identifier":"8","token":"37.2\/III\/8","url":"\/37.2\/III\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12889,"edition_id":1,"name":"Admissions and Dispositions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 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}],"previous_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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-809.1\/","history_text":"

This law was first created in 2014. The record of its establishment is cataloged in chapters 691<\/a> and 773<\/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 2 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 2015, chapters 121<\/a> and 309<\/a>; in 2022, chapter 482<\/a>.<\/p>","references":[{"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\/"}],"refers_to":[{"id":61742,"section_number":"37.2-808","catch_line":"(Effective July 1, 2026) Emergency custody; issuance and execution of order","order_by":null,"url":"\/37.2-808\/"},{"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":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\/"}],"permalink":{"id":210319,"object_type":"law","relational_id":85050,"identifier":"37.2-809.1","token":"37.2\/III\/8\/4\/37.2-809.1","url":"\/37.2-809.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-809.1\/","token":"37.2\/III\/8\/4\/37.2-809.1","dublin_core":{"Title":"(Effective July 1, 2026) Facility of temporary detention","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-809.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In each case in which an employee or designee of the local community services board<\/span> as defined in § 37.2-809<\/a> is required to make an evaluation of an individual<\/span> pursuant to subsection B, G, or H of § 37.2-808<\/a>, an employee or designee of the local community services board<\/span> shall, upon being notified of the need for such evaluation, contact the state<\/span> facility<\/span> for the area in which the community services board<\/span> is located and notify the state<\/span> facility<\/span> that the individual<\/span> will be transported to the facility<\/span> upon issuance of a temporary detention order<\/span> if no other facility<\/span> of temporary detention can be identified by the time of the expiration of the period of emergency custody<\/span> pursuant to § 37.2-808<\/a>. Upon completion of the evaluation, the employee or designee of the local community services board<\/span> shall convey to the state<\/span> facility<\/span> information about the individual<\/span> necessary to allow the state<\/span> facility<\/span> to determine the services the individual<\/span> will require upon admission. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> A state<\/span> facility<\/span> may, following the notice in accordance with subsection A, conduct a search for an alternative facility<\/span> that is able and willing to provide temporary detention and appropriate care to the individual<\/span>, which may include another state<\/span> facility<\/span> if the state<\/span> facility<\/span> notified in accordance with subsection A is unable to provide temporary detention and appropriate care for the individual<\/span>. Under no circumstances shall a state<\/span> facility<\/span> fail or refuse to admit an individual<\/span> who meets the criteria for temporary detention pursuant to § 37.2-809<\/a> unless an alternative facility<\/span> that is able to provide temporary detention and appropriate care agrees to accept the individual<\/span> for temporary detention and the individual<\/span> shall not during the duration of the temporary detention order<\/span> be released from custody<\/span> except for purposes of transporting the individual<\/span> to the state<\/span> facility<\/span> or alternative facility<\/span> in accordance with the provisions of § 37.2-810<\/a>. If an alternative facility<\/span> is identified and agrees to accept the individual<\/span> for temporary detention, the state<\/span> facility<\/span> shall notify the community services board<\/span>, and an employee or designee of the community services board<\/span> shall designate the alternative facility<\/span> on the prescreening report. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> A state<\/span> facility<\/span> may conduct a search for an alternative facility<\/span> that is able and willing to provide temporary detention and appropriate care to the individual<\/span> in accordance with subsection B if the individual<\/span> is in the custody<\/span> of an alternative transportation provider. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The facility<\/span> of temporary detention designated in accordance with this section shall be one that has been approved pursuant to regulations of the Board. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) FACILITY OF TEMPORARY DETENTION (\u00a7 37.2-809.1)\n\nA. In each case in which an employee or designee of the local community services\nboard as defined in § 37.2-809 is required to make an evaluation of an\nindividual pursuant to subsection B, G, or H of § 37.2-808, an employee or\ndesignee of the local community services board shall, upon being notified of the\nneed for such evaluation, contact the state facility for the area in which the\ncommunity services board is located and notify the state facility that the\nindividual will be transported to the facility upon issuance of a temporary\ndetention order if no other facility of temporary detention can be identified by\nthe time of the expiration of the period of emergency custody pursuant to §\n37.2-808. Upon completion of the evaluation, the employee or designee of the\nlocal community services board shall convey to the state facility information\nabout the individual necessary to allow the state facility to determine the\nservices the individual will require upon admission.\n\nB. A state facility may, following the notice in accordance with subsection A,\nconduct a search for an alternative facility that is able and willing to provide\ntemporary detention and appropriate care to the individual, which may include\nanother state facility if the state facility notified in accordance with\nsubsection A is unable to provide temporary detention and appropriate care for\nthe individual. Under no circumstances shall a state facility fail or refuse to\nadmit an individual who meets the criteria for temporary detention pursuant to\n§ 37.2-809 unless an alternative facility that is able to provide temporary\ndetention and appropriate care agrees to accept the individual for temporary\ndetention and the individual shall not during the duration of the temporary\ndetention order be released from custody except for purposes of transporting the\nindividual to the state facility or alternative facility in accordance with the\nprovisions of § 37.2-810. If an alternative facility is identified and\nagrees to accept the individual for temporary detention, the state facility\nshall notify the community services board, and an employee or designee of the\ncommunity services board shall designate the alternative facility on the\nprescreening report.\n\nC. A state facility may conduct a search for an alternative facility that is\nable and willing to provide temporary detention and appropriate care to the\nindividual in accordance with subsection B if the individual is in the custody\nof an alternative transportation provider.\n\nD. The facility of temporary detention designated in accordance with this\nsection shall be one that has been approved pursuant to regulations of the\nBoard.\n\nHISTORY: 2014, cc. 691, 773; 2015, cc. 121, 309; 2022, c. 482.","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}}