                                 CODE OF VIRGINIA

TRANSPORTATION OF PERSON IN CIVIL ADMISSION PROCESS (§ 37.2-829)

When a person has volunteered for admission pursuant to § 37.2-814 or been
ordered to be admitted to a facility under §§ 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.
		If 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.
		If 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.
		If 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.
		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.

HISTORY: Code 1950, §§ 37-71, 37-79, 37-116; 1950, pp. 904, 907; 1964, c. 640;
1968, c. 477, § 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.