                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) FACILITY OF TEMPORARY DETENTION (§ 37.2-809.1)

A. In each case in which an employee or designee of the local community services
board as defined in &#xA7; 37.2-809 is required to make an evaluation of an
individual pursuant to subsection B, G, or H of &#xA7; 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 &#xA7;
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. 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
&#xA7; 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 &#xA7; 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. 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.

D. The facility of temporary detention designated in accordance with this
section shall be one that has been approved pursuant to regulations of the
Board.

HISTORY: 2014, cc. 691, 773; 2015, cc. 121, 309; 2022, c. 482.