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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>57837</law_id><section_number>37.2-829</section_number><catch_line>Transportation of person in civil admission process</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>37.2-814</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="37.2">Behavioral Health and Developmental Services</unit><unit label="subtitle" level="2" order_by="1" identifier="III">Admissions and Dispositions</unit><unit label="chapter" level="3" order_by="1" identifier="8">Emergency Custody and Voluntary and Involuntary Civil Admissions</unit><unit label="article" level="4" order_by="1" identifier="6">Transportation of Admitted Persons; Detention by Sheriff; Escape; Transfers</unit></structure><text>
						<section><p>When a person has volunteered for admission pursuant to &#xA7;&#xA0;<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 &#xA7;&#xA7;&#xA0;<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&#x2019;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&#x2019;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&#x2019;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.
		If 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>&#x2019;s or <span class="dictionary">special justice</span>&#x2019;s <span class="dictionary">order</span>.
		If 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.
		If 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>.
		No 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></text><history>Code 1950, &#xA7;&#xA7; 37-71, 37-79, 37-116; 1950, pp. 904, 907; 1964, c. 640; 1968, c. 477, &#xA7; 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.</history><metadata></metadata></law>
