{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-810.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-810.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-810.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-810.html"}],"law_id":79706,"edition_id":1,"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","history":"1974, c. 351, \u00a7 37.1-67.1; 1975, cc. 237, 433; 1976, c. 671; 1980, c. 582; 1981, c. 463; 1986, cc. 478, 629; 1987, c. 96; 1988, c. 98; 1989, c. 716; 1990, cc. 429, 728; 1991, c. 159; 1992, c. 566; 1995, c. 844; 1996, cc. 343, 893; 1998, cc. 37, 594, 611; 2004, c. 737; 2005, c. 716; 2007, c. 7; 2009, cc. 112, 697; 2013, c. 371; 2014, cc. 317, 675; 2015, cc. 297, 308; 2020, cc. 879, 880; 2022, cc. 482, 730; 2023, c. 327; 2024, cc. 643, 680.","full_text":"A\n\nIn specifying the primary law-enforcement agency and jurisdiction for purposes of this section, the magistrate shall specify in the temporary detention order the law-enforcement agency of the jurisdiction in which the person resides, or any other willing law-enforcement agency that has agreed to provide transportation, to execute the order and, in cases in which transportation is ordered to be provided by the primary law-enforcement agency, provide transportation. However, if the nearest boundary of the jurisdiction in which the person resides is more than 50 miles from the nearest boundary of the jurisdiction in which the person is located, the law-enforcement agency of the jurisdiction in which the person is located shall execute the order and provide transportation.B\n\nThe magistrate issuing the temporary detention order shall (i) specify the law-enforcement agency to execute the order and (ii) designate a transportation provider. In determining the transportation provider, the magistrate shall authorize transportation by an alternative transportation provider in accordance with this section, whenever an alternative transportation provider is identified to the magistrate, which may be a person, facility, or agency, including a family member or friend of the person who is the subject of the temporary detention order, a representative of the community services board, an employee of or person providing services pursuant to a contract with the Department, or other transportation provider with personnel trained to provide transportation in a safe manner. Upon determining, following consideration of information provided by the petitioner; the community services board or its designee; the local law-enforcement agency, if any; the person’s treating physician, if any; or other persons who are available and have knowledge of the person, and, when the magistrate deems appropriate, the proposed alternative transportation provider, either in person or via two-way electronic video and audio or telephone communication system, that an alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner, the magistrate shall designate such alternative transportation provider to provide transportation of the person. An alternative transportation provider shall be deemed to be available if the alternative transportation provider states that it is available to take custody of the individual from law enforcement within six hours of issuance of the temporary detention order or an order changing the transportation provider pursuant to subsection E. If (a) no alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner or (b) the law-enforcement agency elects to provide transportation, the magistrate shall designate the primary law-enforcement agency and jurisdiction designated to execute the temporary detention order to provide transportation of the person.\n\t\t\tWhen transportation is ordered to be provided by an alternative transportation provider, the magistrate shall order the specified law-enforcement agency to execute the order, to take the person into custody, and to transfer custody of the person to the alternative transportation provider identified in the order. The primary law-enforcement agency may transfer custody of the person to the alternative transportation provider immediately upon execution of the temporary detention order based on the availability of alternative transportation providers. The alternative transportation provider shall maintain custody of the person from the time custody is transferred to the alternative transportation provider by the primary law-enforcement agency until such time as custody of the person is transferred to the temporary detention facility, including during any period prior to the initiation of transportation of the person from the facility to which he was transported pursuant to § 37.2-808 and while transportation is being provided pursuant to this section.\n\t\t\tIn such cases, a copy of the temporary detention order shall accompany the person being transported pursuant to this section at all times and shall be delivered by the alternative transportation provider to the temporary detention facility. The temporary detention facility shall return a copy of the temporary detention order to the court designated by the magistrate as soon as is practicable. Delivery of an order to a law-enforcement officer or alternative transportation provider and return of an order to the court may be accomplished electronically or by facsimile.\n\t\t\tThe order may include transportation of the person to such other medical facility as may be necessary to obtain further medical evaluation or treatment prior to placement as required by a physician at the admitting temporary detention facility. Nothing herein shall preclude a law-enforcement officer or alternative transportation provider from obtaining emergency medical treatment or further medical evaluation at any time for a person in his custody as provided in this section. Such medical evaluation or treatment shall be conducted immediately in accordance with state and federal law.C\n\nIf an alternative transportation provider providing transportation or maintaining custody of a person who is the subject of a temporary detention order becomes unable to continue providing transportation or maintaining custody of the person at any time after taking custody of the person, the primary law-enforcement agency for the jurisdiction in which the alternative transportation provider is located at the time he becomes unable to continue providing transportation or maintaining custody shall take custody of the person and shall transport the person to the facility of temporary detention. In such cases, a copy of the temporary detention order shall accompany the person being transported and shall be delivered to and returned by the temporary detention facility in accordance with the provisions of subsection B.D\n\nIn cases in which an alternative facility of temporary detention is identified and the law-enforcement agency or alternative transportation provider identified to provide transportation in accordance with subsection B continues to have custody of the person, the local law-enforcement agency or alternative transportation provider shall transport the person to the alternative facility of temporary detention identified by the employee or designee of the community services board. In cases in which an alternative facility of temporary detention is identified and custody of the person has been transferred from the law-enforcement agency or alternative transportation provider that provided transportation in accordance with subsection B to the initial facility of temporary detention, the employee or designee of the community services board shall request, and a magistrate may enter an order specifying, an alternative transportation provider or, if no alternative transportation provider is available, willing, and able to provide transportation in a safe manner, the local law-enforcement agency for the jurisdiction in which the person resides or, if the nearest boundary of the jurisdiction in which the person resides is more than 50 miles from the nearest boundary of the jurisdiction in which the person is located, the law-enforcement agency of the jurisdiction in which the person is located, to provide transportation.E\n\nThe magistrate may change the transportation provider specified in a temporary detention order at any time prior to the initiation of transportation of a person who is the subject of a temporary detention order pursuant to this section. If the designated transportation provider is changed by the magistrate at any time after the temporary detention order has been executed but prior to the initiation of transportation, the transportation provider having custody of the person shall transfer custody of the person to the transportation provider subsequently specified to provide transportation. For the purposes of this subsection, “transportation provider” includes both a law-enforcement agency and an alternative transportation provider.F\n\nA law-enforcement officer may lawfully go to or be sent beyond the territorial limits of the county, city, or town in which he serves to any point in the Commonwealth for the purpose of executing any temporary detention order pursuant to this section. Law-enforcement agencies may enter into agreements to facilitate the execution of temporary detention orders and provide transportation.G\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.H\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.I\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.","order_by":null,"text":{"0":{"id":285632,"text":"In specifying the primary law-enforcement agency and jurisdiction for purposes of this section, the magistrate shall specify in the temporary detention order the law-enforcement agency of the jurisdiction in which the person resides, or any other willing law-enforcement agency that has agreed to provide transportation, to execute the order and, in cases in which transportation is ordered to be provided by the primary law-enforcement agency, provide transportation. However, if the nearest boundary of the jurisdiction in which the person resides is more than 50 miles from the nearest boundary of the jurisdiction in which the person is located, the law-enforcement agency of the jurisdiction in which the person is located shall execute the order and provide transportation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":285633,"text":"The magistrate issuing the temporary detention order shall (i) specify the law-enforcement agency to execute the order and (ii) designate a transportation provider. In determining the transportation provider, the magistrate shall authorize transportation by an alternative transportation provider in accordance with this section, whenever an alternative transportation provider is identified to the magistrate, which may be a person, facility, or agency, including a family member or friend of the person who is the subject of the temporary detention order, a representative of the community services board, an employee of or person providing services pursuant to a contract with the Department, or other transportation provider with personnel trained to provide transportation in a safe manner. Upon determining, following consideration of information provided by the petitioner; the community services board or its designee; the local law-enforcement agency, if any; the person’s treating physician, if any; or other persons who are available and have knowledge of the person, and, when the magistrate deems appropriate, the proposed alternative transportation provider, either in person or via two-way electronic video and audio or telephone communication system, that an alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner, the magistrate shall designate such alternative transportation provider to provide transportation of the person. An alternative transportation provider shall be deemed to be available if the alternative transportation provider states that it is available to take custody of the individual from law enforcement within six hours of issuance of the temporary detention order or an order changing the transportation provider pursuant to subsection E. If (a) no alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner or (b) the law-enforcement agency elects to provide transportation, the magistrate shall designate the primary law-enforcement agency and jurisdiction designated to execute the temporary detention order to provide transportation of the person.\n\t\t\tWhen transportation is ordered to be provided by an alternative transportation provider, the magistrate shall order the specified law-enforcement agency to execute the order, to take the person into custody, and to transfer custody of the person to the alternative transportation provider identified in the order. The primary law-enforcement agency may transfer custody of the person to the alternative transportation provider immediately upon execution of the temporary detention order based on the availability of alternative transportation providers. The alternative transportation provider shall maintain custody of the person from the time custody is transferred to the alternative transportation provider by the primary law-enforcement agency until such time as custody of the person is transferred to the temporary detention facility, including during any period prior to the initiation of transportation of the person from the facility to which he was transported pursuant to § 37.2-808 and while transportation is being provided pursuant to this section.\n\t\t\tIn such cases, a copy of the temporary detention order shall accompany the person being transported pursuant to this section at all times and shall be delivered by the alternative transportation provider to the temporary detention facility. The temporary detention facility shall return a copy of the temporary detention order to the court designated by the magistrate as soon as is practicable. Delivery of an order to a law-enforcement officer or alternative transportation provider and return of an order to the court may be accomplished electronically or by facsimile.\n\t\t\tThe order may include transportation of the person to such other medical facility as may be necessary to obtain further medical evaluation or treatment prior to placement as required by a physician at the admitting temporary detention facility. Nothing herein shall preclude a law-enforcement officer or alternative transportation provider from obtaining emergency medical treatment or further medical evaluation at any time for a person in his custody as provided in this section. Such medical evaluation or treatment shall be conducted immediately in accordance with state and federal law.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":285634,"text":"If an alternative transportation provider providing transportation or maintaining custody of a person who is the subject of a temporary detention order becomes unable to continue providing transportation or maintaining custody of the person at any time after taking custody of the person, the primary law-enforcement agency for the jurisdiction in which the alternative transportation provider is located at the time he becomes unable to continue providing transportation or maintaining custody shall take custody of the person and shall transport the person to the facility of temporary detention. In such cases, a copy of the temporary detention order shall accompany the person being transported and shall be delivered to and returned by the temporary detention facility in accordance with the provisions of subsection B.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":285635,"text":"In cases in which an alternative facility of temporary detention is identified and the law-enforcement agency or alternative transportation provider identified to provide transportation in accordance with subsection B continues to have custody of the person, the local law-enforcement agency or alternative transportation provider shall transport the person to the alternative facility of temporary detention identified by the employee or designee of the community services board. In cases in which an alternative facility of temporary detention is identified and custody of the person has been transferred from the law-enforcement agency or alternative transportation provider that provided transportation in accordance with subsection B to the initial facility of temporary detention, the employee or designee of the community services board shall request, and a magistrate may enter an order specifying, an alternative transportation provider or, if no alternative transportation provider is available, willing, and able to provide transportation in a safe manner, the local law-enforcement agency for the jurisdiction in which the person resides or, if the nearest boundary of the jurisdiction in which the person resides is more than 50 miles from the nearest boundary of the jurisdiction in which the person is located, the law-enforcement agency of the jurisdiction in which the person is located, to provide transportation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":285636,"text":"The magistrate may change the transportation provider specified in a temporary detention order at any time prior to the initiation of transportation of a person who is the subject of a temporary detention order pursuant to this section. If the designated transportation provider is changed by the magistrate at any time after the temporary detention order has been executed but prior to the initiation of transportation, the transportation provider having custody of the person shall transfer custody of the person to the transportation provider subsequently specified to provide transportation. For the purposes of this subsection, “transportation provider” includes both a law-enforcement agency and an alternative transportation provider.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":285637,"text":"A law-enforcement officer may lawfully go to or be sent beyond the territorial limits of the county, city, or town in which he serves to any point in the Commonwealth for the purpose of executing any temporary detention order pursuant to this section. Law-enforcement agencies may enter into agreements to facilitate the execution of temporary detention orders and provide transportation.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":285638,"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":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":285639,"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":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":285640,"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.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-810\/","history_text":"

This law was first created in 1974. The record of its establishment is cataloged in chapter 351 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. Unfortunately, the 1974 \u201cActs\u201d aren\u2019t available online. It has been modified 25 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 1975, chapters 237 and 433; in 1976, chapter 671; in 1980, chapter 582; in 1981, chapter 463; in 1986, chapters 478 and 629; in 1987, chapter 96; in 1988, chapter 98; in 1989, chapter 716; in 1990, chapters 429 and 728; in 1991, chapter 159; in 1992, chapter 566; in 1995, chapter 844<\/a>; in 1996, chapters 343<\/a> and 893<\/a>; in 1998, chapters 37<\/a>, 594<\/a>, and 611<\/a>; in 2004, chapter 737<\/a>; in 2005, chapter 716<\/a>; in 2007, chapter 7<\/a>; in 2009, chapters 112<\/a> and 697<\/a>; in 2013, chapter 371<\/a>; in 2014, chapters 317<\/a> and 675<\/a>; in 2015, chapters 297<\/a> and 308<\/a>; in 2020, chapters 879<\/a> and 880<\/a>; in 2022, chapters 482<\/a> and 730<\/a>; in 2023, chapter 327<\/a>; in 2024, chapters 643<\/a> and 680<\/a>.<\/p>","references":[{"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":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\/"}],"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":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\/"}],"permalink":{"id":210323,"object_type":"law","relational_id":79706,"identifier":"37.2-810","token":"37.2\/III\/8\/4\/37.2-810","url":"\/37.2-810\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-810\/","token":"37.2\/III\/8\/4\/37.2-810","dublin_core":{"Title":"(Effective July 1, 2026) Transportation of person in the temporary detention process","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-810","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In specifying the primary law<\/span>-enforcement agency<\/span> and jurisdiction<\/span> for purposes of this section, the magistrate<\/span> shall specify in the temporary detention order<\/span> the law<\/span>-enforcement agency<\/span> of the jurisdiction<\/span> in which the person resides, or any other willing law<\/span>-enforcement agency<\/span> that has agreed to provide transportation, 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. However, if the nearest boundary of the jurisdiction<\/span> in which the person resides is more than 50 miles from the nearest boundary of the jurisdiction<\/span> in which the person is located, the law<\/span>-enforcement agency<\/span> of the jurisdiction<\/span> in which the person is located shall execute the order<\/span> and provide transportation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The magistrate<\/span> issuing the temporary detention order<\/span> shall (i) specify the law<\/span>-enforcement agency<\/span> to execute the order<\/span> and (ii) designate a transportation provider<\/span>. In determining the transportation provider<\/span>, the magistrate<\/span> shall authorize transportation by an alternative transportation provider<\/span> in accordance with this section, whenever an alternative transportation provider<\/span> is identified to the magistrate<\/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 temporary detention order<\/span>, a representative of the community services board<\/span>, an employee of or person providing services pursuant to a contract<\/span> with the Department<\/span>, or other transportation provider<\/span> 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> deems appropriate, the proposed alternative transportation provider<\/span>, either in person or via two-way electronic video and audio or telephone communication system, that an alternative transportation provider<\/span> is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner, the magistrate<\/span> shall designate such alternative transportation provider<\/span> to provide transportation of the person. An alternative transportation provider<\/span> shall be deemed to be available if the alternative transportation provider<\/span> states<\/span> that it is available to take custody<\/span> of the individual<\/span> from law<\/span> enforcement within six hours of issuance of the temporary detention order<\/span> or an order<\/span> changing the transportation provider<\/span> pursuant to subsection E. If (a) no alternative transportation provider<\/span> is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner or (b) the law<\/span>-enforcement agency<\/span> elects to provide transportation, the magistrate<\/span> shall designate the primary law<\/span>-enforcement agency<\/span> and jurisdiction<\/span> designated to execute the temporary detention order<\/span> to provide transportation of the person.\n\t\t\tWhen transportation is ordered to be provided by an alternative transportation provider<\/span>, the magistrate<\/span> shall order<\/span> the specified 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<\/span> identified in the order<\/span>. The primary law<\/span>-enforcement agency<\/span> may transfer custody<\/span> of the person to the alternative transportation provider<\/span> immediately upon execution of the temporary detention order<\/span> based on the availability of alternative transportation providers<\/span>. The alternative transportation provider<\/span> shall maintain custody<\/span> of the person from the time custody<\/span> is transferred to the alternative transportation provider<\/span> by the primary law<\/span>-enforcement agency<\/span> until such time as custody<\/span> of the person is transferred to the temporary detention facility<\/span>, including during any period prior to the initiation of transportation of the person from the facility<\/span> to which he was transported pursuant to § 37.2-808<\/a> and while transportation is being provided pursuant to this section.\n\t\t\tIn such cases, a copy of the temporary detention order<\/span> shall accompany the person being transported pursuant to this section at all times and shall be delivered by the alternative transportation provider<\/span> to the temporary detention facility<\/span>. The temporary detention facility<\/span> shall return a copy of the temporary detention order<\/span> to the court<\/span> designated by the magistrate<\/span> as soon as is practicable. Delivery of an order<\/span> to a law<\/span>-enforcement officer<\/span> or alternative transportation provider<\/span> and return of an order<\/span> to the court<\/span> may be accomplished electronically or by facsimile.\n\t\t\tThe order<\/span> may include transportation of the person to such other medical facility<\/span> as may be necessary to obtain further medical evaluation or treatment prior to placement as required by a physician at the admitting temporary detention facility<\/span>. Nothing herein shall preclude a law<\/span>-enforcement officer<\/span> or alternative transportation provider<\/span> from obtaining emergency medical treatment or further medical evaluation at any time for a person in his custody<\/span> as provided in this section. Such medical evaluation or treatment shall be conducted immediately in accordance with state<\/span> and federal law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If an alternative transportation provider<\/span> providing transportation or maintaining custody<\/span> of a person who is the subject of a temporary detention order<\/span> becomes unable to continue providing transportation or maintaining custody<\/span> of the person at any time after taking custody<\/span> of the person, the primary law<\/span>-enforcement agency<\/span> for the jurisdiction<\/span> in which the alternative transportation provider<\/span> is located at the time he becomes unable to continue providing transportation or maintaining custody<\/span> shall take custody<\/span> of the person and shall transport the person to the facility<\/span> of temporary detention. In such cases, a copy of the temporary detention order<\/span> shall accompany the person being transported and shall be delivered to and returned by the temporary detention facility<\/span> in accordance with the provisions of subsection B. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> In cases in which an alternative facility<\/span> of temporary detention is identified and the law<\/span>-enforcement agency<\/span> or alternative transportation provider<\/span> identified to provide transportation in accordance with subsection B continues to have custody<\/span> of the person, the local law<\/span>-enforcement agency<\/span> or alternative transportation provider<\/span> shall transport the person to the alternative facility<\/span> of temporary detention identified by the employee or designee of the community services board<\/span>. In cases in which an alternative facility<\/span> of temporary detention is identified and custody<\/span> of the person has been transferred from the law<\/span>-enforcement agency<\/span> or alternative transportation provider<\/span> that provided transportation in accordance with subsection B to the initial facility<\/span> of temporary detention, the employee or designee of the community services board<\/span> shall request, and a magistrate<\/span> may enter an order<\/span> specifying, an alternative transportation provider<\/span> or, if no alternative transportation provider<\/span> is available, willing, and able to provide transportation in a safe manner, the local law<\/span>-enforcement agency<\/span> for the jurisdiction<\/span> in which the person resides or, if the nearest boundary of the jurisdiction<\/span> in which the person resides is more than 50 miles from the nearest boundary of the jurisdiction<\/span> in which the person is located, the law<\/span>-enforcement agency<\/span> of the jurisdiction<\/span> in which the person is located, to provide transportation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The magistrate<\/span> may change the transportation provider<\/span> specified in a temporary detention order<\/span> at any time prior to the initiation of transportation of a person who is the subject of a temporary detention order<\/span> pursuant to this section. If the designated transportation provider<\/span> is changed by the magistrate<\/span> at any time after the temporary detention order<\/span> has been executed but prior to the initiation of transportation, the transportation provider<\/span> having custody<\/span> of the person shall transfer custody<\/span> of the person to the transportation provider<\/span> subsequently specified to provide transportation. For the purposes of this subsection, “transportation provider<\/span>” includes both a law<\/span>-enforcement agency<\/span> and an alternative transportation provider<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> A law<\/span>-enforcement officer<\/span> may lawfully go to or be sent beyond the territorial limits of the county, city, or town in which he serves to any point in the Commonwealth for the purpose of executing any temporary detention order<\/span> pursuant to this section. Law<\/span>-enforcement agencies may enter into agreements to facilitate the execution of temporary detention orders<\/span> and provide transportation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/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

H.<\/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

I.<\/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>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) TRANSPORTATION OF PERSON IN THE TEMPORARY DETENTION\nPROCESS (\u00a7 37.2-810)\n\nA. In specifying the primary law-enforcement agency and jurisdiction for\npurposes of this section, the magistrate shall specify in the temporary\ndetention order the law-enforcement agency of the jurisdiction in which the\nperson resides, or any other willing law-enforcement agency that has agreed to\nprovide transportation, to execute the order and, in cases in which\ntransportation is ordered to be provided by the primary law-enforcement agency,\nprovide transportation. However, if the nearest boundary of the jurisdiction in\nwhich the person resides is more than 50 miles from the nearest boundary of the\njurisdiction in which the person is located, the law-enforcement agency of the\njurisdiction in which the person is located shall execute the order and provide\ntransportation.\n\nB. The magistrate issuing the temporary detention order shall (i) specify the\nlaw-enforcement agency to execute the order and (ii) designate a transportation\nprovider. In determining the transportation provider, the magistrate shall\nauthorize transportation by an alternative transportation provider in accordance\nwith this section, whenever an alternative transportation provider is identified\nto the magistrate, which may be a person, facility, or agency, including a\nfamily member or friend of the person who is the subject of the temporary\ndetention order, a representative of the community services board, an employee\nof or person providing services pursuant to a contract with the Department, or\nother transportation provider with personnel trained to provide transportation\nin a safe manner. Upon determining, following consideration of information\nprovided by the petitioner; the community services board or its designee; the\nlocal law-enforcement agency, if any; the person’s treating physician, if\nany; or other persons who are available and have knowledge of the person, and,\nwhen the magistrate deems appropriate, the proposed alternative transportation\nprovider, either in person or via two-way electronic video and audio or\ntelephone communication system, that an alternative transportation provider is\navailable to provide transportation, willing to provide transportation, and able\nto provide transportation in a safe manner, the magistrate shall designate such\nalternative transportation provider to provide transportation of the person. An\nalternative transportation provider shall be deemed to be available if the\nalternative transportation provider states that it is available to take custody\nof the individual from law enforcement within six hours of issuance of the\ntemporary detention order or an order changing the transportation provider\npursuant to subsection E. If (a) no alternative transportation provider is\navailable to provide transportation, willing to provide transportation, and able\nto provide transportation in a safe manner or (b) the law-enforcement agency\nelects to provide transportation, the magistrate shall designate the primary\nlaw-enforcement agency and jurisdiction designated to execute the temporary\ndetention order to provide transportation of the person.\n\t\t\tWhen transportation is ordered to be provided by an alternative\ntransportation provider, the magistrate shall order the specified\nlaw-enforcement agency to execute the order, to take the person into custody,\nand to transfer custody of the person to the alternative transportation provider\nidentified in the order. The primary law-enforcement agency may transfer custody\nof the person to the alternative transportation provider immediately upon\nexecution of the temporary detention order based on the availability of\nalternative transportation providers. The alternative transportation provider\nshall maintain custody of the person from the time custody is transferred to the\nalternative transportation provider by the primary law-enforcement agency until\nsuch time as custody of the person is transferred to the temporary detention\nfacility, including during any period prior to the initiation of transportation\nof the person from the facility to which he was transported pursuant to §\n37.2-808 and while transportation is being provided pursuant to this section.\n\t\t\tIn such cases, a copy of the temporary detention order shall accompany the\nperson being transported pursuant to this section at all times and shall be\ndelivered by the alternative transportation provider to the temporary detention\nfacility. The temporary detention facility shall return a copy of the temporary\ndetention order to the court designated by the magistrate as soon as is\npracticable. Delivery of an order to a law-enforcement officer or alternative\ntransportation provider and return of an order to the court may be accomplished\nelectronically or by facsimile.\n\t\t\tThe order may include transportation of the person to such other medical\nfacility as may be necessary to obtain further medical evaluation or treatment\nprior to placement as required by a physician at the admitting temporary\ndetention facility. Nothing herein shall preclude a law-enforcement officer or\nalternative transportation provider from obtaining emergency medical treatment\nor further medical evaluation at any time for a person in his custody as\nprovided in this section. Such medical evaluation or treatment shall be\nconducted immediately in accordance with state and federal law.\n\nC. If an alternative transportation provider providing transportation or\nmaintaining custody of a person who is the subject of a temporary detention\norder becomes unable to continue providing transportation or maintaining custody\nof the person at any time after taking custody of the person, the primary\nlaw-enforcement agency for the jurisdiction in which the alternative\ntransportation provider is located at the time he becomes unable to continue\nproviding transportation or maintaining custody shall take custody of the person\nand shall transport the person to the facility of temporary detention. In such\ncases, a copy of the temporary detention order shall accompany the person being\ntransported and shall be delivered to and returned by the temporary detention\nfacility in accordance with the provisions of subsection B.\n\nD. In cases in which an alternative facility of temporary detention is\nidentified and the law-enforcement agency or alternative transportation provider\nidentified to provide transportation in accordance with subsection B continues\nto have custody of the person, the local law-enforcement agency or alternative\ntransportation provider shall transport the person to the alternative facility\nof temporary detention identified by the employee or designee of the community\nservices board. In cases in which an alternative facility of temporary detention\nis identified and custody of the person has been transferred from the\nlaw-enforcement agency or alternative transportation provider that provided\ntransportation in accordance with subsection B to the initial facility of\ntemporary detention, the employee or designee of the community services board\nshall request, and a magistrate may enter an order specifying, an alternative\ntransportation provider or, if no alternative transportation provider is\navailable, willing, and able to provide transportation in a safe manner, the\nlocal law-enforcement agency for the jurisdiction in which the person resides\nor, if the nearest boundary of the jurisdiction in which the person resides is\nmore than 50 miles from the nearest boundary of the jurisdiction in which the\nperson is located, the law-enforcement agency of the jurisdiction in which the\nperson is located, to provide transportation.\n\nE. The magistrate may change the transportation provider specified in a\ntemporary detention order at any time prior to the initiation of transportation\nof a person who is the subject of a temporary detention order pursuant to this\nsection. If the designated transportation provider is changed by the magistrate\nat any time after the temporary detention order has been executed but prior to\nthe initiation of transportation, the transportation provider having custody of\nthe person shall transfer custody of the person to the transportation provider\nsubsequently specified to provide transportation. For the purposes of this\nsubsection, “transportation provider” includes both a\nlaw-enforcement agency and an alternative transportation provider.\n\nF. A law-enforcement officer may lawfully go to or be sent beyond the\nterritorial limits of the county, city, or town in which he serves to any point\nin the Commonwealth for the purpose of executing any temporary detention order\npursuant to this section. Law-enforcement agencies may enter into agreements to\nfacilitate the execution of temporary detention orders and provide\ntransportation.\n\nG. 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\nH. 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\nI. 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.\n\nHISTORY: 1974, c. 351, \u00a7 37.1-67.1; 1975, cc. 237, 433; 1976, c. 671; 1980, c.\n582; 1981, c. 463; 1986, cc. 478, 629; 1987, c. 96; 1988, c. 98; 1989, c. 716;\n1990, cc. 429, 728; 1991, c. 159; 1992, c. 566; 1995, c. 844; 1996, cc. 343,\n893; 1998, cc. 37, 594, 611; 2004, c. 737; 2005, c. 716; 2007, c. 7; 2009, cc.\n112, 697; 2013, c. 371; 2014, cc. 317, 675; 2015, cc. 297, 308; 2020, cc. 879,\n880; 2022, cc. 482, 730; 2023, c. 327; 2024, cc. 643, 680.","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}}