Emergency custody and temporary detention; transportation, transfer of custody, alternative custody. (SB268)

Introduced By

Sen. Barbara Favola (D-Arlington) with support from co-patron Sen. Jennifer Boysko (D-Herndon)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


Emergency custody and temporary detention; transportation; transfer of custody. Provides that when a magistrate orders alternative transportation for an individual under a temporary detention order, the primary law-enforcement agency that executes the order may transfer custody of the person to the alternative transportation provider immediately upon execution of the order. Such alternative transportation provider shall maintain custody of the person from the time custody is transferred to the alternative transportation provider by the primary law-enforcement agency until such time as custody of the person is transferred to the temporary detention facility, as is appropriate. The bill adds employees of and persons providing services pursuant to a contract with the Department of Behavioral Health and Developmental Services to the list of individuals who may serve as alternative transportation providers. The bill clarifies that if no alternative transportation provider is available, the magistrate shall order a person to be kept in law-enforcement custody. The bill also requires the Department of Behavioral Health and Developmental Services to amend an existing contract or enter into a new contract for alternative custody of persons who are subject to temporary detention orders, to the extent funding for such alternative custody is available. This bill incorporates SB 176, SB 650, and SB 682. Read the Bill »


Bill Has Passed


01/11/2022Prefiled and ordered printed; offered 01/12/22 22103833D
01/11/2022Referred to Committee on Education and Health
01/28/2022Assigned Education sub: Health
02/01/2022Senate subcommittee amendments and substitutes offered
02/03/2022Committee substitute printed 22104684D-S1
02/03/2022Reported from Education and Health with substitute (15-Y 0-N) (see vote tally)
02/03/2022Rereferred to Finance and Appropriations
02/07/2022Impact statement from DPB (SB268S1)
02/08/2022Senate committee, floor amendments and substitutes offered
02/08/2022Reported from Finance and Appropriations with substitute (16-Y 0-N) (see vote tally)
02/08/2022Committee substitute printed 22106256D-S2
02/08/2022Incorporates SB176 (Peake)
02/08/2022Incorporates SB650 (Hanger)
02/08/2022Incorporates SB682 (Deeds)
02/09/2022Constitutional reading dispensed (38-Y 0-N) (see vote tally)
02/10/2022Floor substitute printed 22106457D-S3 (Favola)
02/10/2022Read second time
02/10/2022Committee substitute rejected 22104684D-S1
02/10/2022Committee substitute rejected 22106256D-S2
02/10/2022Reading of substitute waived
02/10/2022Substitute by Senator Favola agreed to 22106457D-S3
02/10/2022Engrossed by Senate - floor substitute SB268S3
02/10/2022Constitutional reading dispensed (40-Y 0-N) (see vote tally)
02/10/2022Passed Senate (40-Y 0-N) (see vote tally)
02/14/2022Impact statement from DPB (SB268S3)
02/22/2022Placed on Calendar
02/22/2022Read first time
02/22/2022Referred to Committee for Courts of Justice
02/22/2022Assigned Courts sub: Subcommittee #1
02/23/2022House subcommittee amendments and substitutes offered
02/23/2022Subcommittee recommends reporting with substitute (8-Y 0-N)
02/23/2022Subcommittee recommends referring to Committee on Appropriations
02/25/2022Reported from Courts of Justice with substitute (20-Y 0-N) (see vote tally)
02/25/2022Committee substitute printed 22106997D-H1
02/25/2022Referred to Committee on Appropriations
02/26/2022Assigned App. sub: Health & Human Resources
02/28/2022Impact statement from DPB (SB268H1)
03/01/2022Subcommittee recommends reporting with amendments (7-Y 1-N)
03/02/2022Reported from Appropriations with amendment(s) (21-Y 0-N) (see vote tally)
03/04/2022Read second time
03/07/2022Read third time
03/07/2022Passed by temporarily
03/07/2022Committee on Courts of Justice substitute agreed to 22106997D-H1
03/07/2022Committee on Appropriations amendments agreed to
03/07/2022Engrossed by House - committee substitute with amendments SB268H1
03/07/2022Passed House with substitute with amendments BLOCK VOTE (98-Y 0-N)
03/07/2022VOTE: Block Vote Passage (98-Y 0-N) (see vote tally)
03/08/2022House substitute with amendments agreed to by Senate (39-Y 0-N) (see vote tally)
03/08/2022Title replaced 22106997D-H1
03/10/2022Bill text as passed Senate and House (SB268ER)
03/10/2022Impact statement from DPB (SB268ER)
03/10/2022Signed by President
03/10/2022Signed by Speaker
03/22/2022Enrolled Bill Communicated to Governor on March 22, 2022
03/22/2022G Governor's Action Deadline 11:59 p.m., April 11, 2022
04/11/2022G Approved by Governor-Chapter 482 (effective 7/1/22)
04/11/2022G Acts of Assembly Chapter text (CHAP0482)