37.2-829 - Transportation of person in civil admission process.
§ 37.2-829. Transportation of person in civil admission process.
When a person has volunteered for admission pursuant to § 37.2-814 or beenordered to be admitted to a facility under §§ 37.2-815 through 37.2-821, thejudge or special justice shall determine after consideration of informationprovided by the person's treating mental health professional and any involvedcommunity services board or behavioral health authority staff regarding theperson's dangerousness, whether transportation shall be provided by thesheriff or may be provided by an alternative transportation provider,including a family member or friend of the person, a representative of thecommunity services board, a representative of the facility at which theperson was detained pursuant to a temporary detention order, or otheralternative transportation provider with personnel trained to providetransportation in a safe manner. If the judge or special justice determinesthat transportation may be provided by an alternative transportationprovider, the judge or special justice may consult with the proposedalternative transportation provider either in person or via two-wayelectronic video and audio or telephone communication system to determinewhether the proposed alternative transportation provider is available toprovide transportation, willing to provide transportation, and able toprovide transportation in a safe manner. If the judge or special justicefinds that the proposed alternative transportation provider is available toprovide transportation, willing to provide transportation, and able toprovide transportation in a safe manner, the judge or special justice mayorder transportation by the proposed alternative transportation provider. Inall other cases, the judge or special justice shall order transportation bythe sheriff of the jurisdiction where the person is a resident unless thesheriff's office of that jurisdiction is located more than 100 road milesfrom the nearest boundary of the jurisdiction in which the proceedings tookplace. In cases where the sheriff of the jurisdiction of which the person isa resident is more than 100 road miles from the nearest boundary of thejurisdiction in which the proceedings took place, it shall be theresponsibility of the sheriff of the latter jurisdiction to transport theperson.
If the judge or special justice determines that the person requirestransportation by the sheriff, the person may be delivered to the care of thesheriff, as specified in this section, who shall transport the person to theproper facility. In no event shall transport commence later than six hoursafter notification to the sheriff or alternative transportation provider ofthe judge's or special justice's order.
If any state hospital has become too crowded to admit any such person, theCommissioner shall give notice of the fact to all community services boardsand shall designate the facility to which sheriffs or alternativetransportation providers shall transport such persons.
(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.)