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2014 SESSION
14101548DBe it enacted by the General Assembly of Virginia:
1. That § 37.2-810 of the Code of Virginia is amended and reenacted as follows:
§ 37.2-810. Transportation of person in the temporary detention process.
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 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 specify the
law-enforcement agency to execute the order and provide transportation, which shall be
(i) any law-enforcement agency that is willing and able to execute
the order and provide transportation, (ii) in cases in which no
other law-enforcement agency is willing and able to execute
the order and provide transportation, the
law-enforcement agency of 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.
However, in cases in which the temporary detention order is based upon a
finding that the person who is the subject of the order has a mental illness
and that there exists a substantial likelihood that, as a result of mental
illness, the person will, in the near future, suffer serious harm due to his
lack of capacity to protect himself from harm or to provide for his basic human
needs but there is no substantial likelihood that the person will cause serious
physical harm to himself or others as evidenced by recent behavior causing, attempting,
or threatening harm and other relevant information, the magistrate shall
consider any request to 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, 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'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 the proposed
alternative transportation provider is available to provide transportation,
willing to provide transportation, and able to provide transportation in a safe
manner. When transportation is ordered to be provided by an alternative
transportation provider, the magistrate shall order the specified primary 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. 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. 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.