VirginiaSB752026 Regular SessionSenateWALLET

Emergency and temporary detention transportation; alternative transportation providers, etc.

Sponsored By: L. Louise Lucas (Democratic)

Signed by Governor

Summary

Emergency and temporary detention transportation. Clarifies that the term "law-enforcement officer" as used in relevant law relating to emergency and involuntary civil transportation includes retired law-enforcement officers, defined in the bill, for the purposes of laws related to emergency custody and involuntary temporary detention. The bill also permits an alternative transportation provider 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 provides that, for purposes of transporting a minor during the temporary detention process, an alternative transportation provider is deemed available if it states it is available to take custody from law enforcement within six hours of issuance of the temporary detention order or an order changing the transportation provider. The bill also provides the alternative transportation provider shall maintain custody from the time custody is transferred by the primary law-enforcement agency until custody is transferred to the temporary detention facility, including while awaiting transport and during transport. The bill also specifies when a law-enforcement agency or alternative transportation provider providing transportation of a minor in the temporary detention process may transfer custody of such minor to a facility or location where the minor is awaiting transport. When a bed becomes available at the temporary detention facility, the bill provides that facility or location shall notify the law-enforcement agency or alternative transportation provider specified on the order, which shall then return to transport the minor to the facility of temporary detention.This bill incorporates SB 395. The provisions of this bill are identical to both HB 681 and HB 976.

Personalized for You

How does this bill affect your finances?

Personalize government policy and PRIA will tell you what this bill means for your household, plus every other piece of legislation we track. PRIA reads each provision against your financial profile to show you exactly what matters to your wallet.

Bill Overview

Analyzed Economic Effects

8 provisions identified: 5 benefits, 1 costs, 2 mixed.

Fewer damages claims for transported patients

Patients transported under the covered minor and adult detention processes cannot recover civil damages from alternative providers for ordinary negligence. This protection covers acts or failures to act tied to providing that transportation, not every kind of misconduct. The adult rule lists July 1, 2026 as both its start and expiration date.

Safety limits on restraints during patient transport

Transport workers under state behavioral health contracts can use restraints only after completing state-approved training. Less restrictive methods must have proved ineffective. For minors, restraints must be needed for safety or to maintain custody; the adult rule permits them for safety or preventing escape. These limits protect patients, but the law also authorizes physical restraint during transport. The adult rule lists July 1, 2026 as both its start and expiration date.

Family support during emergency mental health evaluations

Beginning July 1, 2026, evaluators and treating providers must let a present family member or guardian stay during emergency-custody evaluations. They can provide support and help with decisions. The person being evaluated can object. Providers can exclude family or guardians for medical, clinical, or safety risks, or interference with care.

More transport and waiting options for minors

Magistrates can approve willing, safe alternative providers for detained minors who can take custody within six hours of an order or provider change. Police transfer custody to the provider, which keeps custody through delivery to the detention facility. Police normally serve the minor's home jurisdiction; local police serve when the nearest jurisdiction boundaries are more than 50 miles apart. Minors can wait elsewhere if the location accepts custody and provides needed security; police transfers require a written agreement. The designated provider or agency transports the minor when a bed opens. For moves to an alternative facility, whoever still holds custody transports the minor unless a magistrate orders otherwise after custody transfers.

Provider payments for emergency mental health screening

Beginning July 1, 2026, licensed health care providers receive payments under existing state payment rules for screening and assessment. Covered services are for people with mental illnesses while in emergency custody. The law sets no payment amount and provides no direct cash payment to patients. It does not change Medicaid eligibility or the existing rules governing who pays.

More transport options during mental health emergencies

Courts and magistrates must approve an identified alternative provider who is available, willing, and able to transport safely. They review information from people familiar with the person's condition and safety needs. Police carry out the emergency custody order, then transfer custody to the approved provider. The provider delivers the person and order to the evaluator. Beginning July 1, 2026, providers can include family, friends, community services board representatives, qualifying state contractors, and hospital employees.

More transport options for detained patients

Magistrates must approve identified, willing, safe alternative providers who can take custody within six hours of an order or provider change. Providers keep custody through delivery; local police take over if a provider cannot continue. Until July 1, 2026, police also transport when no qualifying provider is available or police choose to transport. Beginning July 1, 2026, replacement rules require police transport when no qualifying provider is available and also cover alternative detention facilities. Police normally serve the home jurisdiction; when the nearest jurisdiction boundaries are more than 50 miles apart, local police serve instead. Starting that date, officers can carry out detention orders statewide, agencies can make transport agreements, and magistrates can change providers before transport starts.

Longer holds to find suitable care

An evaluator can spend up to four extra hours finding an alternative facility able and willing to provide appropriate care. For the covered state-facility detention process, this can also extend the person's detention by up to four hours.

Sponsors & Cosponsors

Sponsor

  • L. Louise Lucas

    Democratic • Senate

Cosponsors

There are no cosponsors for this bill.

Roll Call Votes

All Roll Calls

Yes: 252 • No: 0

Senate vote • 2/26/2026

House substitute agreed to by Senate

Yes: 40 • No: 0

House vote • 2/24/2026

Passed House with substitute Block Vote

Yes: 98 • No: 0

House vote • 2/19/2026

Reported from Health and Human Services with substitute

Yes: 21 • No: 0

Senate vote • 1/28/2026

Read third time and passed Senate Block Vote

Yes: 40 • No: 0

Senate vote • 1/27/2026

Engrossed by Senate - committee substitute Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 1/27/2026

Committee substitute agreed to (Voice Vote)

Yes: 0 • No: 0

Senate vote • 1/26/2026

Constitutional reading dispensed Block Vote (on 1st reading)

Yes: 38 • No: 0

Senate vote • 1/26/2026

Passed by for the day Block Vote (Voice Vote)

Yes: 0 • No: 0

Senate vote • 1/23/2026

Reported from Rehabilitation and Social Services with substitute

Yes: 15 • No: 0

Actions Timeline

  1. Acts of Assembly Chapter text (CHAP0878)

    4/13/2026Governor
  2. Approved by Governor-Chapter 878 (effective 7/1/2026)

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

    3/10/2026Governor
  4. Enrolled Bill communicated to Governor on March 10, 2026

    3/10/2026Senate
  5. Fiscal Impact Statement from Department of Planning and Budget (SB75)

    3/2/2026Senate
  6. Fiscal Impact Statement from Department of Planning and Budget (SB75)

    3/2/2026Senate
  7. Bill text as passed Senate and House (SB75ER)

    3/2/2026Senate
  8. Enrolled

    3/2/2026Senate
  9. Signed by President

    3/2/2026Senate
  10. Signed by Speaker

    3/2/2026House
  11. House substitute agreed to by Senate (40-Y 0-N 0-A)

    2/26/2026Senate
  12. Passed House with substitute Block Vote (98-Y 0-N 0-A)

    2/24/2026House
  13. Engrossed by House - committee substitute

    2/24/2026House
  14. committee substitute agreed to

    2/24/2026House
  15. Read third time

    2/24/2026House
  16. Read second time

    2/23/2026House
  17. Committee substitute printed 26108189D-H1

    2/19/2026House
  18. House committee offered

    2/19/2026House
  19. Reported from Health and Human Services with substitute (21-Y 0-N)

    2/19/2026House
  20. Fiscal Impact Statement from Department of Planning and Budget (SB75)

    2/10/2026Senate
  21. Referred to Committee on Health and Human Services

    2/4/2026House
  22. Read first time

    2/4/2026House
  23. Placed on Calendar

    2/4/2026House
  24. Read third time and passed Senate Block Vote (40-Y 0-N 0-A)

    1/28/2026Senate
  25. Engrossed by Senate - committee substitute Block Vote (Voice Vote)

    1/27/2026Senate

Bill Text

Related Bills

Back to State Legislation