Va. Code § 37.2-809.1

Current with changes from the 2024 legislative session through ch. 845
Section 37.2-809.1 - [See Note] Facility of temporary detention
A. In each case in which an employee or designee of the local community services board as defined in § 37.2-809 is required to make an evaluation of an individual pursuant to subsection B, G, or H of § 37.2-808, an employee or designee of the local community services board shall, upon being notified of the need for such evaluation, contact the state facility for the area in which the community services board is located and notify the state facility that the individual will be transported to the facility upon issuance of a temporary detention order if no other facility of temporary detention can be identified by the time of the expiration of the period of emergency custody pursuant to § 37.2-808. Upon completion of the evaluation, the employee or designee of the local community services board shall convey to the state facility information about the individual necessary to allow the state facility to determine the services the individual will require upon admission.
B. If upon notification from the employee or designee of the local community services board a state facility has reason to believe that the individual's behaviors or symptoms are solely a manifestation of a neurocognitive disorder or neurodevelopmental disorder, the state facility may require that a licensed psychiatrist or other licensed mental health professional reevaluate the individual's eligibility for a temporary detention order under § 37.2-809 before the individual is admitted. If the licensed psychiatrist or other licensed mental health professional determines the individual's behaviors or symptoms are solely a manifestation of a neurocognitive or neurodevelopmental disorder, the state facility shall promptly authorize the release of the person held under a temporary detention order pursuant to § 37.2-809 and the employee or a designee of the local community services board shall provide a discharge plan.
C. A state facility may, following the notice in accordance with subsection A, conduct a search for an alternative facility that is able and willing to provide temporary detention and appropriate care to the individual, which may include another state facility if the state facility notified in accordance with subsection A is unable to provide temporary detention and appropriate care for the individual. Under no circumstances, other than those specified in this section, shall a state facility fail or refuse to admit an individual who meets the criteria for temporary detention pursuant to § 37.2-809 unless an alternative facility that is able to provide temporary detention and appropriate care agrees to accept the individual for temporary detention and the individual shall not during the duration of the temporary detention order be released from custody except for purposes of transporting the individual to the state facility or alternative facility in accordance with the provisions of § 37.2-810. If an alternative facility is identified and agrees to accept the individual for temporary detention, the state facility shall notify the community services board, and an employee or designee of the community services board shall designate the alternative facility on the prescreening report.
D. A state facility may conduct a search for an alternative facility that is able and willing to provide temporary detention and appropriate care to the individual in accordance with subsection B if the individual is in the custody of an alternative transportation provider.
E. The facility of temporary detention designated in accordance with this section shall be one that has been approved pursuant to regulations of the Board.

Va. Code § 37.2-809.1

2014, cc. 691, 773; 2015, cc. 121, 309; 2022, c. 482.
Amended by Acts 2024 c. 696,§ 1, eff. 7/1/2024 [See note.].
Amended by Acts 2024 c. 579,§ 1, eff. 7/1/2024 [See note.].
Amended by Acts 2022 c. 482,§ 1, eff. 7/1/2022.
Amended by Acts 2015 c. 309, § 1, eff. 7/1/2015.
Amended by Acts 2015 c. 121, § 1, eff. 7/1/2015.
Added by Acts 2014 c. 773, § 1, eff. 7/1/2014.
Added by Acts 2014 c. 691, § 1, eff. 7/1/2014.
Acts 2024 c. 579,§ 3, andActs 2024 c. 696,§ 3, provide: "That the provisions of the first enactment of this act shall not become effective unless reenacted by the 2025 Session of the General Assembly."
This section is set out more than once due to postponed, multiple, or conflicting amendments.