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's treating mental health professional and any involved community services board or behavioral health authority staff regarding the person'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'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's or special justice'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.
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.
Structure Code of Virginia
Title 37.2 - Behavioral Health and Developmental Services
Chapter 8 - Emergency Custody and Voluntary and Involuntary Civil Admissions
§ 37.2-800. Applicability of chapter
§ 37.2-801. Admission procedures; forms
§ 37.2-802. Interpreters in admission or certification proceedings
§ 37.2-803. Special justices to perform duties of judge
§ 37.2-804.1. Use of electronic communication
§ 37.2-804.2. Disclosure of records
§ 37.2-805. (Effective until October 1, 2022) Voluntary admission
§ 37.2-805. (Effective October 1, 2022) Voluntary admission
§ 37.2-805.1. Admission of incapacitated persons pursuant to advance directives or by guardians
§ 37.2-807. Emergency or respite care admissions to training centers
§ 37.2-808. Emergency custody; issuance and execution of order
§ 37.2-809. Involuntary temporary detention; issuance and execution of order
§ 37.2-809.1. Facility of temporary detention
§ 37.2-810. Transportation of person in the temporary detention process
§ 37.2-811. Emergency treatment of inmates in the custody of local correctional facilities
§ 37.2-816. Commitment hearing for involuntary admission; preadmission screening report
§ 37.2-817. (Effective until October 1, 2022) Involuntary admission and mandatory outpatient orders
§ 37.2-817. (Effective October 1, 2022) Involuntary admission
§ 37.2-817.01. (Effective October 1, 2022) Mandatory outpatient treatment
§ 37.2-817.3. Rescission of mandatory outpatient treatment order
§ 37.2-817.4. (Effective until October 1, 2022) Continuation of mandatory outpatient treatment order
§ 37.2-817.4. (Effective October 1, 2022) Continuation of mandatory outpatient treatment order
§ 37.2-818. Commitment hearing for involuntary admission; recordings and records
§ 37.2-821. (Effective until October 1, 2022) Appeal of involuntary admission or certification order
§ 37.2-821. (Effective October 1, 2022) Appeal of involuntary admission or certification order
§ 37.2-822. Treatment of person admitted while appeal is pending
§ 37.2-823. Examination of admission papers by director; examination of persons admitted
§ 37.2-824. Periodic review of all persons for purposes of retention
§ 37.2-825. Admission raises no presumption of legal incapacity
§ 37.2-826. Disposition of nonresidents
§ 37.2-828. Receiving and maintaining federal prisoners in state facilities
§ 37.2-829. Transportation of person in civil admission process
§ 37.2-831. Detention in jail after order of admission
§ 37.2-832. Persons with mental illness not to be confined in cells with criminals
§ 37.2-834. Arrest of certain persons involuntarily admitted
§ 37.2-835. Arrest without warrant
§ 37.2-836. Employees to accompany persons admitted voluntarily to facilities
§ 37.2-838. Discharge of individuals from a licensed hospital
§ 37.2-840. Transfer of individuals receiving services
§ 37.2-843. Providing drugs or medicines for certain individuals discharged from state facilities
§ 37.2-844. Habeas corpus as means
§ 37.2-845. Procedure when person confined in facility or other institution
§ 37.2-846. Procedure when person not confined in facility or other institution