An Act to amend and reenact §§ 16.1-340.2 and 37.2-810, as it is currently effective and as it shall become effective, of the Code of Virginia, relating to transportation of person in the temporary detention process.
HB976 amends Virginia law governing transportation of individuals subject to a temporary detention order in the mental health crisis process. For minors, the bill directs the magistrate to specify the law-enforcement agency from the jurisdiction where the minor resides to execute the order and provide transportation, unless the minor is more than 50 miles from that jurisdiction’s boundary, in which case the agency where the minor is located must act. The bill also expands the magistrate’s ability to authorize an alternative transportation provider, such as a parent, family member, friend, community services board representative, or other trained provider, if the provider is available, willing, and able to transport the minor safely.
The bill further clarifies how custody is transferred when an alternative transportation provider is used, requires the temporary detention order to accompany the minor during transport, and allows electronic or facsimile delivery of the order. It also confirms that the order may include transport to another medical facility for additional evaluation or treatment before placement, and that emergency medical treatment or further evaluation may be obtained at any time while the minor is in custody. The amendments apply to both the current and future versions of §§ 16.1-340.2 and 37.2-810, affecting the procedures used by magistrates, law-enforcement agencies, community services boards, hospitals, and alternative transport providers in the temporary detention process.
HB976 changes the procedural rules for executing temporary detention orders in Virginia’s behavioral health system, especially for minors. It shifts some transportation responsibility among local law-enforcement agencies based on residence and distance, and it formalizes the use of non-police transportation options under specified safety and availability findings. The bill amends §§ 16.1-340.2 and 37.2-810 of the Code of Virginia, affecting magistrate practice, custody transfer procedures, documentation requirements, and the role of hospitals and behavioral health providers in crisis transport.
The available record shows no committee transcript or recorded vote breakdown, so there is no direct evidence of debate or opposition in the provided materials. Based on the enacted chapter text, the bill appears to have moved forward successfully and was approved as Chapter 720 on April 13, 2026. The substance of the bill suggests a generally practical, administrative approach aimed at improving crisis transport logistics and expanding safe alternatives to law-enforcement-only transport.
The main likely points of contention are the use of alternative transportation providers versus law-enforcement transport, and the conditions under which a magistrate may authorize those alternatives. Questions may arise over whether parents, family members, or non-police providers can safely and reliably transport a minor in crisis, how quickly they must be available, and how custody is maintained during transfer. Another possible issue is the distance-based rule assigning responsibility to the jurisdiction where the minor is located when the home jurisdiction is more than 50 miles away, which could affect local agency workload and coordination.