VirginiaHB9762026 Regular SessionHouse

Person in temporary detention process; alternative transportation provider.

Sponsored By: Marcia S. "Cia" Price (Democratic)

Signed by Governor

Summary

Transportation of person in the temporary detention process. Provides that an alternative transportation provider shall be deemed to be able to provide transportation of a person in the temporary detention process in a safe manner if the alternative transportation provider is (i) an employee of, or the person providing services pursuant to a contract with, the Department of Behavioral Health and Developmental Services or (ii) an employee of a private or state hospital within the confines of the Commonwealth. The bill also provides further requirements for an alternative transportation provider to be deemed available to provide transportation for a minor in the temporary detention process in a safe manner. The bill also permits law-enforcement agencies or alternative transportation providers to transfer custody of a minor to a facility or location where the minor is awaiting transport if such facility or location (i) agrees to accept custody of the minor and (ii) is capable of providing the level of security necessary to protect the minor and others from harm. Finally, the bill provides restrictions on the use of restraint related to the transportation of a minor for the purposes outlined in the bill.The provisions of this bill are identical to relevant provisions of SB 75.

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Bill Overview

Analyzed Economic Effects

4 provisions identified: 2 benefits, 1 costs, 1 mixed.

Fewer damage claims against transport providers

Beginning July 1, 2026, people transported under temporary detention orders cannot recover certain civil damages from alternative transport providers. The protection covers ordinary negligence—failures to use reasonable care—in acts or omissions arising from that transport. It does not extend to conduct beyond ordinary negligence.

Limited restraint use during detention transport

Beginning July 1, 2026, certain alternative transport workers may use restraints on people transported under temporary detention orders. This applies to employees or contractors of entities providing transport under contract with Virginia's behavioral health department. Workers must complete department-approved training in proper, safe restraint use. Restraints are allowed only when needed to protect the person or others, or to prevent escape. Less restrictive methods must first be found ineffective.

More transport options for detained people

Beginning July 1, 2026, magistrates must approve an available, willing alternative provider that can safely transport someone under a temporary detention order. Options include family, friends, community services board staff, certified evaluators, state behavioral health staff, Virginia hospital employees, and approved trained providers. Providers must say they can take custody within six hours of the order, including an order changing providers. State behavioral health employees and contractors, and Virginia hospital employees, are considered able to transport safely. Police provide transport when no suitable provider is available or when law enforcement chooses to transport. If the nearest boundaries of the person's home and current jurisdictions are more than 50 miles apart, current-jurisdiction police execute the order. They also provide transport when required. Officers may execute these orders anywhere in Virginia, and agencies may make agreements to support transport; auxiliary police are included. Police first take custody, then hand the person to the alternative provider, who keeps custody until delivery. Magistrates may change providers before transport starts, and an initial facility may retain custody while later transport is arranged. The order must accompany the person, reach the detention facility, and be returned to the court as soon as practical. Electronic or fax copies are allowed. The order may allow another medical stop on an admitting doctor's advice; emergency care or further evaluation may begin immediately.

Safer transport handoffs for detained children

Children awaiting transport under temporary detention orders may stay at a place that accepts custody and provides enough security. Police may make this handoff only if they have an agreement with that place. The designated provider must take the child to the detention facility when a bed opens. When a non-parent alternative provider takes custody, the parent must be told about the handoff and the provider's identity. If that provider cannot continue, police where the provider is located must take custody and finish the trip. A non-parent provider must then tell the parent that police took custody and give the transporting officer's name.

Sponsors & Cosponsors

Sponsor

  • Marcia S. "Cia" Price

    Democratic • House

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 234 • No: 0

Senate vote • 3/3/2026

Passed Senate Block Vote

Yes: 40 • No: 0

Senate vote • 3/2/2026

Constitutional reading dispensed Block Vote (on 2nd reading)

Yes: 39 • No: 0

Senate vote • 3/2/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 2/27/2026

Reported from Rehabilitation and Social Services Block Vote

Yes: 15 • No: 0

Senate vote • 2/25/2026

Rereferred from Courts of Justice to Rehabilitation and Social Services

Yes: 15 • No: 0

House vote • 2/17/2026

Read third time and passed House Block Vote

Yes: 97 • No: 0

House vote • 2/12/2026

Subcommittee recommends reporting with substitute

Yes: 7 • No: 0

House vote • 2/12/2026

Reported from Health and Human Services with substitute

Yes: 21 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0720)

    4/13/2026Governor
  2. Approved by Governor-Chapter 720 (effective 7/1/2026)

    4/13/2026Governor
  3. Governor's Action Deadline 11:59 p.m., April 13, 2026

    3/14/2026Governor
  4. Enrolled Bill communicated to Governor on March 14, 2026

    3/14/2026House
  5. Fiscal Impact Statement from Department of Planning and Budget (HB976)

    3/10/2026House
  6. Bill text as passed House and Senate (HB976ER)

    3/10/2026House
  7. Enrolled

    3/10/2026House
  8. Signed by President

    3/10/2026Senate
  9. Signed by Speaker

    3/10/2026House
  10. Passed Senate Block Vote (40-Y 0-N 0-A)

    3/3/2026Senate
  11. Read third time

    3/3/2026Senate
  12. Passed by for the day Block Vote (Voice Vote)

    3/2/2026Senate
  13. Constitutional reading dispensed Block Vote (on 2nd reading) (39-Y 0-N 0-A)

    3/2/2026Senate
  14. Rules suspended

    3/2/2026Senate
  15. Reported from Rehabilitation and Social Services Block Vote (15-Y 0-N)

    2/27/2026Senate
  16. Rereferred from Courts of Justice to Rehabilitation and Social Services (15-Y 0-N)

    2/25/2026Senate
  17. Referred to Committee for Courts of Justice

    2/18/2026Senate
  18. Constitutional reading dispensed (on 1st reading)

    2/18/2026Senate
  19. Fiscal Impact Statement from Department of Planning and Budget (HB976)

    2/17/2026House
  20. Fiscal Impact Statement from Department of Planning and Budget (HB976)

    2/17/2026House
  21. Read third time and passed House Block Vote (97-Y 0-N 0-A)

    2/17/2026House
  22. Engrossed by House - committee substitute

    2/16/2026House
  23. committee substitute agreed to

    2/16/2026House
  24. Read second time

    2/16/2026House
  25. Read first time

    2/15/2026House

Bill Text

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