VirginiaSB752026 Regular SessionSenate

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

Sponsored By: L. Louise Lucas (Democratic)

Became Law

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.

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Bill Overview

Analyzed Economic Effects

3 provisions identified: 1 benefits, 0 costs, 2 mixed.

Clear custody handoffs and cross-county transport

Officers can travel anywhere in Virginia to carry out emergency custody or temporary detention orders, and agencies can make agreements to share duties. For an emergency custody order, the magistrate must name the police agency from the area served by the CSB or evaluator; if the CSB serves several areas, the agency is for where the person was taken or is now. Police or an alternative transporter can hand custody to a facility that agrees and can provide security; if police transport, the facility must have an agreement with that agency. When a bed opens, the facility must tell the transporter to move the person. A copy of the order must go with the person, and the receiving facility must return a copy to the court; electronic or fax is allowed.

Eight-hour custody limit and care steps

Emergency custody lasts no more than eight hours from when the order is executed or an officer takes custody. If a person is held at a state hospital while a placement is found, staff and the CSB may keep trying for four more hours to secure another facility. Licensed health care providers are paid for medical screening and assessment given during emergency custody. These timing and payment rules are in sections that expire July 1, 2026.

More non-police transport and safeguards

Magistrates can name trained alternative transporters, including parents, family, CSB staff, and DBHDS or hospital employees, who are presumed able to transport safely. A provider counts as available if they can take custody within six hours of the order or a change in provider. Police take custody and hand the person to the named transporter, who keeps custody until the facility; a magistrate can switch the transporter before travel, and custody then moves to the new provider. If a transporter cannot continue, local police must take over and, for minors, parents are told which officer is transporting. DBHDS‑contracted staff may use restraints only with approved training and only when needed after less‑restrictive steps. Alternative transporters are shielded from lawsuits for ordinary negligence for acts during transport.

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

Passed by for the day Block Vote (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 1/23/2026

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

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