{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-829.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-829.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-829.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-829.html"}],"law_id":57837,"edition_id":1,"section_id":57837,"structure_id":14158,"section_number":"37.2-829","catch_line":"Transportation of person in civil admission process","history":"Code 1950, \u00a7\u00a7 37-71, 37-79, 37-116; 1950, pp. 904, 907; 1964, c. 640; 1968, c. 477, \u00a7 37.1-71; 1970, c. 673; 1971, Ex. Sess., c. 155; 1972, c. 639; 1976, c. 671; 1980, c. 582; 1987, c. 719; 1989, cc. 334, 534; 1990, c. 94; 1992, c. 419; 1995, c. 844; 1996, c. 184; 2003, c. 151; 2004, c. 737; 2005, c. 716; 2009, cc. 112, 697; 2015, cc. 297, 308; 2020, cc. 879, 880.","full_text":"When a person has volunteered for admission pursuant to \u00a7 37.2-814 or been ordered to be admitted to a facility under \u00a7\u00a7 37.2-815 through 37.2-821, the judge or special justice shall determine after consideration of information provided by the person&#8217;s treating mental health professional and any involved community services board or behavioral health authority staff regarding the person&#8217;s dangerousness, whether transportation shall be provided by the sheriff or may be provided by an alternative transportation provider, including a family member or friend of the person, a representative of the community services board, a representative of the facility at which the person was detained pursuant to a temporary detention order, or other alternative transportation provider with personnel trained to provide transportation in a safe manner. If the judge or special justice determines that transportation may be provided by an alternative transportation provider, the judge or special justice may consult with the proposed alternative transportation provider either in person or via two-way electronic video and audio or telephone communication system to determine whether the proposed alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner. If the judge or special justice finds that the proposed alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner, the judge or special justice may order transportation by the proposed alternative transportation provider. In all other cases, the judge or special justice shall order transportation by the sheriff of the jurisdiction where the person is a resident unless the sheriff&#8217;s office of that jurisdiction is located more than 100 road miles from the nearest boundary of the jurisdiction in which the proceedings took place. In cases where the sheriff of the jurisdiction of which the person is a resident is more than 100 road miles from the nearest boundary of the jurisdiction in which the proceedings took place, it shall be the responsibility of the sheriff of the latter jurisdiction to transport the person.\n\t\tIf the judge or special justice determines that the person requires transportation by the sheriff, the person may be delivered to the care of the sheriff, as specified in this section, who shall transport the person to the proper facility. In no event shall transport commence later than six hours after notification to the sheriff or alternative transportation provider of the judge&#8217;s or special justice&#8217;s order.\n\t\tIf any state hospital has become too crowded to admit any such person, the Commissioner shall give notice of the fact to all community services boards and shall designate the facility to which sheriffs or alternative transportation providers shall transport such persons.\n\t\tIf an alternative transportation provider providing transportation of a person becomes unable to continue providing transportation 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 shall take custody of the person and shall transport the person to the proper facility.\n\t\tNo 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.","order_by":null,"text":{"0":{"id":211776,"text":"When a person has volunteered for admission pursuant to \u00a7 37.2-814 or been ordered to be admitted to a facility under \u00a7\u00a7 37.2-815 through 37.2-821, the judge or special justice shall determine after consideration of information provided by the person&#8217;s treating mental health professional and any involved community services board or behavioral health authority staff regarding the person&#8217;s dangerousness, whether transportation shall be provided by the sheriff or may be provided by an alternative transportation provider, including a family member or friend of the person, a representative of the community services board, a representative of the facility at which the person was detained pursuant to a temporary detention order, or other alternative transportation provider with personnel trained to provide transportation in a safe manner. If the judge or special justice determines that transportation may be provided by an alternative transportation provider, the judge or special justice may consult with the proposed alternative transportation provider either in person or via two-way electronic video and audio or telephone communication system to determine whether the proposed alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner. If the judge or special justice finds that the proposed alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner, the judge or special justice may order transportation by the proposed alternative transportation provider. In all other cases, the judge or special justice shall order transportation by the sheriff of the jurisdiction where the person is a resident unless the sheriff&#8217;s office of that jurisdiction is located more than 100 road miles from the nearest boundary of the jurisdiction in which the proceedings took place. In cases where the sheriff of the jurisdiction of which the person is a resident is more than 100 road miles from the nearest boundary of the jurisdiction in which the proceedings took place, it shall be the responsibility of the sheriff of the latter jurisdiction to transport the person.\n\t\tIf the judge or special justice determines that the person requires transportation by the sheriff, the person may be delivered to the care of the sheriff, as specified in this section, who shall transport the person to the proper facility. In no event shall transport commence later than six hours after notification to the sheriff or alternative transportation provider of the judge&#8217;s or special justice&#8217;s order.\n\t\tIf any state hospital has become too crowded to admit any such person, the Commissioner shall give notice of the fact to all community services boards and shall designate the facility to which sheriffs or alternative transportation providers shall transport such persons.\n\t\tIf an alternative transportation provider providing transportation of a person becomes unable to continue providing transportation 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 shall take custody of the person and shall transport the person to the proper facility.\n\t\tNo 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":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":14158,"edition_id":1,"name":"Transportation of Admitted Persons; Detention by Sheriff; Escape; Transfers","identifier":"6","label":"article","depth":4,"order_by":1,"parent_id":12890,"metadata":{},"date_created":"2026-06-26 03:47:04","date_modified":"2026-06-26 03:47:04","permalink":{"id":210421,"object_type":"structure","relational_id":14158,"identifier":"6","token":"37.2\/III\/8\/6","url":"\/37.2\/III\/8\/6\/","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":57837,"structure_id":14158,"section_number":"37.2-829","catch_line":"Transportation of person in civil admission process","url":"\/37.2-829\/","token":"37.2\/III\/8\/6\/37.2-829","metadata":false},{"id":57898,"structure_id":14158,"section_number":"37.2-830","catch_line":"Repealed","url":"\/37.2-830\/","token":"37.2\/III\/8\/6\/37.2-830","metadata":false},{"id":85936,"structure_id":14158,"section_number":"37.2-831","catch_line":"Detention in jail after order of admission","url":"\/37.2-831\/","token":"37.2\/III\/8\/6\/37.2-831","metadata":false},{"id":67522,"structure_id":14158,"section_number":"37.2-832","catch_line":"Persons with mental illness not to be confined in cells with criminals","url":"\/37.2-832\/","token":"37.2\/III\/8\/6\/37.2-832","metadata":false},{"id":68528,"structure_id":14158,"section_number":"37.2-833","catch_line":"Escape, sickness, death, or discharge of a person ordered to be involuntarily admitted while in custody; warrant for person escaping","url":"\/37.2-833\/","token":"37.2\/III\/8\/6\/37.2-833","metadata":false},{"id":61179,"structure_id":14158,"section_number":"37.2-834","catch_line":"Arrest of certain persons involuntarily admitted","url":"\/37.2-834\/","token":"37.2\/III\/8\/6\/37.2-834","metadata":false},{"id":55319,"structure_id":14158,"section_number":"37.2-835","catch_line":"Arrest without warrant","url":"\/37.2-835\/","token":"37.2\/III\/8\/6\/37.2-835","metadata":false},{"id":79479,"structure_id":14158,"section_number":"37.2-836","catch_line":"Employees to accompany persons admitted voluntarily to facilities","url":"\/37.2-836\/","token":"37.2\/III\/8\/6\/37.2-836","metadata":false}],"next_section":{"id":57898,"structure_id":14158,"section_number":"37.2-830","catch_line":"Repealed","url":"\/37.2-830\/","token":"37.2\/III\/8\/6\/37.2-830","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-829\/","history_text":"<p>The record of this law\u2019s original creation isn\u2019t available online. 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 1964, chapter 640; in 1968, chapter 477; in 1970, chapter 673; in 1972, chapter 639; in 1976, chapter 671; in 1980, chapter 582; in 1987, chapter 719; in 1989, chapters 334 and 534; in 1990, chapter 94; in 1992, chapter 419; in 1995, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?951+ful+CHAP0844\">844<\/a>; in 1996, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?961+ful+CHAP0184\">184<\/a>; in 2003, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?031+ful+CHAP0151\">151<\/a>; in 2004, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?041+ful+CHAP0737\">737<\/a>; in 2005, chapter <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?051+ful+CHAP0716\">716<\/a>; in 2009, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0112\">112<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?091+ful+CHAP0697\">697<\/a>; in 2015, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0297\">297<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?151+ful+CHAP0308\">308<\/a>; in 2020, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0879\">879<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?201+ful+CHAP0880\">880<\/a>.<\/p>","references":[{"id":68004,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","order_by":null,"url":"\/37.2-814\/"}],"refers_to":[{"id":68004,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","order_by":null,"url":"\/37.2-814\/"},{"id":63792,"section_number":"37.2-815","catch_line":"Commitment hearing for involuntary admission; examination required","order_by":null,"url":"\/37.2-815\/"},{"id":75804,"section_number":"37.2-821","catch_line":"Appeal of involuntary admission or certification order","order_by":null,"url":"\/37.2-821\/"}],"permalink":{"id":210423,"object_type":"law","relational_id":57837,"identifier":"37.2-829","token":"37.2\/III\/8\/6\/37.2-829","url":"\/37.2-829\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-829\/","token":"37.2\/III\/8\/6\/37.2-829","dublin_core":{"Title":"Transportation of person in civil admission process","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-829","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section><p>When a person has volunteered for admission pursuant to \u00a7&nbsp;<a class=\"law\" title=\"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner\" href=\"\/37.2-814\/\">37.2-814<\/a> or been ordered to be admitted to a <span class=\"dictionary\">facility<\/span> under \u00a7\u00a7&nbsp;<a class=\"law\" title=\"Commitment hearing for involuntary admission; examination required\" href=\"\/37.2-815\/\">37.2-815<\/a> through <a class=\"law\" title=\"Appeal of involuntary admission or certification order\" href=\"\/37.2-821\/\">37.2-821<\/a>, the <span class=\"dictionary\">judge<\/span> or <span class=\"dictionary\">special justice<\/span> shall determine after consideration of information provided by the person&#8217;s treating mental health professional and any involved <span class=\"dictionary\">community services board<\/span> or <span class=\"dictionary\">behavioral health authority<\/span> staff regarding the person&#8217;s dangerousness, whether transportation shall be provided by the sheriff or may be provided by an alternative transportation provider, including a <span class=\"dictionary\">family member<\/span> or friend of the person, a representative of the <span class=\"dictionary\">community services board<\/span>, a representative of the <span class=\"dictionary\">facility<\/span> at which the person was detained pursuant to a temporary detention <span class=\"dictionary\">order<\/span>, or other alternative transportation provider with personnel trained to provide transportation in a safe manner. If the <span class=\"dictionary\">judge<\/span> or <span class=\"dictionary\">special justice<\/span> determines that transportation may be provided by an alternative transportation provider, the <span class=\"dictionary\">judge<\/span> or <span class=\"dictionary\">special justice<\/span> may consult with the proposed alternative transportation provider either in person or via two-way electronic video and audio or telephone communication system to determine whether the proposed alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner. If the <span class=\"dictionary\">judge<\/span> or <span class=\"dictionary\">special justice<\/span> finds that the proposed alternative transportation provider is available to provide transportation, willing to provide transportation, and able to provide transportation in a safe manner, the <span class=\"dictionary\">judge<\/span> or <span class=\"dictionary\">special justice<\/span> may <span class=\"dictionary\">order<\/span> transportation by the proposed alternative transportation provider. In all other cases, the <span class=\"dictionary\">judge<\/span> or <span class=\"dictionary\">special justice<\/span> shall <span class=\"dictionary\">order<\/span> transportation by the sheriff of the <span class=\"dictionary\">jurisdiction<\/span> where the person is a resident unless the sheriff&#8217;s office of that <span class=\"dictionary\">jurisdiction<\/span> is located more than 100 road miles from the nearest boundary of the <span class=\"dictionary\">jurisdiction<\/span> in which the proceedings took place. In cases where the sheriff of the <span class=\"dictionary\">jurisdiction<\/span> of which the person is a resident is more than 100 road miles from the nearest boundary of the <span class=\"dictionary\">jurisdiction<\/span> in which the proceedings took place, it shall be the responsibility of the sheriff of the latter <span class=\"dictionary\">jurisdiction<\/span> to transport the person.\n\t\tIf the <span class=\"dictionary\">judge<\/span> or <span class=\"dictionary\">special justice<\/span> determines that the person requires transportation by the sheriff, the person may be delivered to the care of the sheriff, as specified in this section, who shall transport the person to the proper <span class=\"dictionary\">facility<\/span>. In no event shall transport commence later than six hours after notification to the sheriff or alternative transportation provider of the <span class=\"dictionary\">judge<\/span>&#8217;s or <span class=\"dictionary\">special justice<\/span>&#8217;s <span class=\"dictionary\">order<\/span>.\n\t\tIf any <span class=\"dictionary\">state hospital<\/span> has become too crowded to admit any such person, the <span class=\"dictionary\">Commissioner<\/span> shall give notice of the <span class=\"dictionary\">fact<\/span> to all <span class=\"dictionary\">community services boards<\/span> and shall designate the <span class=\"dictionary\">facility<\/span> to which sheriffs or alternative transportation providers shall transport such persons.\n\t\tIf an alternative transportation provider providing transportation of a person becomes unable to continue providing transportation of the person at any time after taking <span class=\"dictionary\">custody<\/span> of the person, the primary <span class=\"dictionary\">law<\/span>-enforcement agency for the <span class=\"dictionary\">jurisdiction<\/span> in which the alternative transportation provider is located at the time he becomes unable to continue providing transportation shall take <span class=\"dictionary\">custody<\/span> of the person and shall transport the person to the proper <span class=\"dictionary\">facility<\/span>.\n\t\tNo person who provides alternative transportation pursuant to this section shall be liable to the person being transported for any civil <span class=\"dictionary\">damages<\/span> for ordinary <span class=\"dictionary\">negligence<\/span> in acts or omissions that result from providing such alternative transportation.<\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nTRANSPORTATION OF PERSON IN CIVIL ADMISSION PROCESS (\u00a7 37.2-829)\n\nWhen a person has volunteered for admission pursuant to \u00a7 37.2-814 or been\nordered to be admitted to a facility under \u00a7\u00a7 37.2-815 through 37.2-821, the\njudge or special justice shall determine after consideration of information\nprovided by the person&#8217;s treating mental health professional and any\ninvolved community services board or behavioral health authority staff regarding\nthe person&#8217;s dangerousness, whether transportation shall be provided by\nthe sheriff or may be provided by an alternative transportation provider,\nincluding a family member or friend of the person, a representative of the\ncommunity services board, a representative of the facility at which the person\nwas detained pursuant to a temporary detention order, or other alternative\ntransportation provider with personnel trained to provide transportation in a\nsafe manner. If the judge or special justice determines that transportation may\nbe provided by an alternative transportation provider, the judge or special\njustice may consult with the proposed alternative transportation provider either\nin person or via two-way electronic video and audio or telephone communication\nsystem to determine whether the proposed alternative transportation provider is\navailable to provide transportation, willing to provide transportation, and able\nto provide transportation in a safe manner. If the judge or special justice\nfinds that the proposed alternative transportation provider is available to\nprovide transportation, willing to provide transportation, and able to provide\ntransportation in a safe manner, the judge or special justice may order\ntransportation by the proposed alternative transportation provider. In all other\ncases, the judge or special justice shall order transportation by the sheriff of\nthe jurisdiction where the person is a resident unless the sheriff&#8217;s\noffice of that jurisdiction is located more than 100 road miles from the nearest\nboundary of the jurisdiction in which the proceedings took place. In cases where\nthe sheriff of the jurisdiction of which the person is a resident is more than\n100 road miles from the nearest boundary of the jurisdiction in which the\nproceedings took place, it shall be the responsibility of the sheriff of the\nlatter jurisdiction to transport the person.\n\t\tIf the judge or special justice determines that the person requires\ntransportation by the sheriff, the person may be delivered to the care of the\nsheriff, as specified in this section, who shall transport the person to the\nproper facility. In no event shall transport commence later than six hours after\nnotification to the sheriff or alternative transportation provider of the\njudge&#8217;s or special justice&#8217;s order.\n\t\tIf any state hospital has become too crowded to admit any such person, the\nCommissioner shall give notice of the fact to all community services boards and\nshall designate the facility to which sheriffs or alternative transportation\nproviders shall transport such persons.\n\t\tIf an alternative transportation provider providing transportation of a person\nbecomes unable to continue providing transportation of the person at any time\nafter taking custody of the person, the primary law-enforcement agency for the\njurisdiction in which the alternative transportation provider is located at the\ntime he becomes unable to continue providing transportation shall take custody\nof the person and shall transport the person to the proper facility.\n\t\tNo 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\nHISTORY: Code 1950, \u00a7\u00a7 37-71, 37-79, 37-116; 1950, pp. 904, 907; 1964, c. 640;\n1968, c. 477, \u00a7 37.1-71; 1970, c. 673; 1971, Ex. Sess., c. 155; 1972, c. 639;\n1976, c. 671; 1980, c. 582; 1987, c. 719; 1989, cc. 334, 534; 1990, c. 94; 1992,\nc. 419; 1995, c. 844; 1996, c. 184; 2003, c. 151; 2004, c. 737; 2005, c. 716;\n2009, cc. 112, 697; 2015, cc. 297, 308; 2020, cc. 879, 880.","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}}