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2014 SESSION
Be 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, 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
specify the law-enforcement agency to execute the order and provide
transportation. 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.