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2015 SESSION
15101609DBe it enacted by the General Assembly of Virginia:
1. That § 37.2-809.1 of the Code of Virginia is amended and reenacted as follows:
§ 37.2-809.1. Facility of temporary detention.
A. In each case in which an employee or designee of the local community services board as defined in § 37.2-809 is required to make an evaluation of an individual pursuant to subsection B, G, or H of § 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 § 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 § 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 the custody of the community services board except for
purposes of transporting the individual to the state facility or alternative
facility in accordance with the provisions of § 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. The facility of temporary detention designated in accordance with this section shall be one that has been approved pursuant to regulations of the Board.