37.2-810 - Transportation of person in the temporary detention process.
§ 37.2-810. Transportation of person in the temporary detention process.
A. In specifying the primary law-enforcement agency and jurisdiction forpurposes of this section, the magistrate shall specify in the temporarydetention order the law-enforcement agency of the jurisdiction in which theperson resides to execute the order and, in cases in which transportation isordered to be provided by the primary law-enforcement agency, providetransportation. However, if the nearest boundary of the jurisdiction in whichthe person resides is more than 50 miles from the nearest boundary of thejurisdiction in which the person is located, the law-enforcement agency ofthe jurisdiction in which the person is located shall execute the order andprovide transportation.
B. The magistrate issuing the temporary detention order shall specify thelaw-enforcement agency to execute the order and provide transportation.However, the magistrate may authorize transportation by an alternativetransportation provider, including a family member or friend of the personwho is the subject of the temporary detention order, a representative of thecommunity services board, or other transportation provider with personneltrained to provide transportation in a safe manner upon determining,following consideration of information provided by the petitioner; thecommunity services board or its designee; the local law-enforcement agency,if any; the person's treating physician, if any; or other persons who areavailable and have knowledge of the person, and, when the magistrate deemsappropriate, the proposed alternative transportation provider, either inperson or via two-way electronic video and audio or telephone communicationsystem, that the proposed alternative transportation provider is available toprovide transportation, willing to provide transportation, and able toprovide transportation in a safe manner. When transportation is ordered to beprovided by an alternative transportation provider, the magistrate shallorder the specified primary law-enforcement agency to execute the order, totake the person into custody, and to transfer custody of the person to thealternative transportation provider identified in the order. In such cases, acopy of the temporary detention order shall accompany the person beingtransported pursuant to this section at all times and shall be delivered bythe alternative transportation provider to the temporary detention facility.The temporary detention facility shall return a copy of the temporarydetention order to the court designated by the magistrate as soon as ispracticable. Delivery of an order to a law-enforcement officer or alternativetransportation provider and return of an order to the court may beaccomplished electronically or by facsimile.
The order may include transportation of the person to such other medicalfacility as may be necessary to obtain further medical evaluation ortreatment prior to placement as required by a physician at the admittingtemporary detention facility. Nothing herein shall preclude a law-enforcementofficer or alternative transportation provider from obtaining emergencymedical treatment or further medical evaluation at any time for a person inhis custody as provided in this section. Such medical evaluation or treatmentshall be conducted immediately in accordance with state and federal law.
C. A law-enforcement officer may lawfully go to or be sent beyond theterritorial limits of the county, city, or town in which he serves to anypoint in the Commonwealth for the purpose of executing any temporarydetention order pursuant to this section. Law-enforcement agencies may enterinto agreements to facilitate the execution of temporary detention orders andprovide transportation.
(1974, c. 351, § 37.1-67.1; 1975, cc. 237, 433; 1976, c. 671; 1980, c. 582;1981, c. 463; 1986, cc. 478, 629; 1987, c. 96; 1988, c. 98; 1989, c. 716;1990, cc. 429, 728; 1991, c. 159; 1992, c. 566; 1995, c. 844; 1996, cc. 343,893; 1998, cc. 37, 594, 611; 2004, c. 737; 2005, c. 716; 2007, c. 7; 2009,cc. 112, 697.)