                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) TRANSPORTATION OF PERSON IN THE TEMPORARY DETENTION
PROCESS (§ 37.2-810)

A. 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.

B. 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&#8217;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.
			When 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 &#xA7;
37.2-808 and while transportation is being provided pursuant to this section.
			In 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.
			The 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. 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.

D. 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.

E. 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, &#8220;transportation provider&#8221; includes both a
law-enforcement agency and an alternative transportation provider.

F. 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.

G. 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.

H. 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.

I. For purposes of this section:
			&#8220;Law-enforcement agency&#8221; includes an auxiliary police force
established pursuant to &#xA7; 15.2-1731.
			&#8220;Law-enforcement officer&#8221; includes an auxiliary police officer
appointed or provided for pursuant to &#xA7;&#xA7; 15.2-1731 and 15.2-1733.

HISTORY: 1974, c. 351, § 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.