VirginiaHB9762026 Regular SessionHouse

Person in temporary detention process; alternative transportation provider.

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

Became Law

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

6 provisions identified: 3 benefits, 1 costs, 2 mixed.

Lawsuits limited against transporters

People who provide alternative transportation under this law are not liable for civil damages for ordinary negligence during transport. This limits the ability to sue for non-intentional mistakes.

Clear rules for temporary detention transport

When a magistrate names an alternative transporter, the primary police agency takes custody and hands the person to that transporter. The transporter keeps custody until delivery to the temporary detention facility. A copy of the detention order travels with the person and is given to the facility; the facility returns a copy to the court. Electronic or fax copies are allowed. If the transporter cannot continue, the local primary police agency where they are must take custody and finish the trip. For minors, a non-parent transporter must tell the parent and give the officer’s name. CSB staff or a certified evaluator can identify another facility, and the transporter or police must take the person there. A magistrate can order a new transporter if needed. The order can include transport for needed medical care. Emergency care must be given right away under state and federal law.

Magistrates can choose non-police transport

A magistrate can pick a non-police transporter, like a parent, CSB staff, hospital staff, or a trained contractor. The magistrate considers input from the CSB, police, doctors, and others and may interview the transporter by phone or video. The transporter must be available, willing, and able to transport safely. “Available” means able to take custody within six hours. Staff of DBHDS or a Virginia hospital are presumed safe to transport. Before transport starts, the magistrate can switch the transporter, and custody must be handed over.

Police transport duties and authority

A magistrate names which police agency must execute the order and transport. Usually it is the home jurisdiction or another agency that agrees. If the closest boundary of the home jurisdiction is more than 50 miles from where the person is, the home agency must transport. Officers may go anywhere in Virginia to carry out a detention order. Auxiliary police count as law-enforcement for these duties. Agencies may make agreements to coordinate transports.

Trained transporters may use restraints

Employees or contractors who finish Department-approved restraint training may use restraints only when needed for safety or to keep custody. They must try less-restrictive methods first.

Transport rules end July 1, 2026

These transportation rules expire July 1, 2026. After that date, they no longer apply unless renewed.

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

Reported from Health and Human Services with substitute

Yes: 21 • No: 0

House vote 2/12/2026

Subcommittee recommends reporting with substitute

Yes: 7 • 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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