HB899: Detention process, temporary; transportation by sheriffs.
Be it enacted by the General Assembly of Virginia:
1. That § 37.2-810 of the Code of Virginia is amended and reenacted as follows:
§ 37.2-810. Transportation of person in the temporary detention process.
A. The magistrate issuing the temporary detention order shall
specify the law-enforcement agency and jurisdiction that shall execute the
temporary detention order and provide transportation. The magistrate shall
specify in the temporary detention order that the
law-enforcement agency sheriff of the jurisdiction in which the person resides to shall execute the order and provide
transportation. However, if the nearest boundary of the jurisdiction in which
the person resides is more than 50 miles from the nearest boundary of the
jurisdiction in which the person is located, the law-enforcement
agency sheriff of the jurisdiction in which
the person is located shall execute the order and provide transportation. The
magistrate may request the assistance of other law-enforcement agencies to
execute the order and provide transportation if the sheriff
of the specified jurisdiction is unable to execute the order and provide
transportation. The order may include transportation of the person
to such other medical facility as may be necessary to obtain emergency medical
evaluation or treatment prior to placement. Nothing herein shall preclude a
law-enforcement officer from obtaining emergency medical treatment or further
medical evaluation at any time for a person in his custody as provided in this
section. Such evaluation or treatment shall be conducted immediately in
accordance with state and federal law.
B. A law-enforcement officer may lawfully go to or be sent beyond the territorial limits of the county, city, or town in which he serves to any point in the Commonwealth for the purpose of executing any temporary detention order pursuant to this section. Law-enforcement agencies may enter into agreements to facilitate the execution of temporary detention orders and provide transportation.