Virginia 2024 Regular Session

Virginia Senate Bill SB497

Introduced
1/9/24  
Refer
1/9/24  
Report Pass
2/8/24  
Engrossed
2/9/24  
Refer
2/15/24  
Report Pass
2/16/24  
Engrossed
2/21/24  
Engrossed
2/23/24  
Enrolled
2/28/24  
Chaptered
4/8/24  

Caption

Temporary detention order; alternative transportation.

Impact

The intent of SB497 is to streamline the transportation process for detained individuals while ensuring their safety and that of others. By allowing magistrates to utilize alternative providers, the bill envisions minimizing the burden on law enforcement and potentially decreasing the need for police transports, which can be more confrontational and less compassionate. The requirement for trained personnel to provide safe transportation reflects an effort to enhance care and support for individuals, especially relating to mental health issues, during their transit.

Summary

SB497 focuses on the process of transporting individuals during temporary detentions in Virginia. The bill amends laws regarding the designation of transportation providers, allowing magistrates to specify which law-enforcement agency or alternative provider is responsible for transporting a person detained under a temporary order. This is particularly significant given that it expands the scope for alternative transport options, including the use of family members or other trained individuals, which could lead to more humane treatment during what is often a troubling period for individuals facing detention.

Sentiment

General sentiment around SB497 appears positive, particularly among advocates for mental health and social services who view the bill as a progressive move towards treating individuals with dignity during difficult circumstances. Supporters argue that the bill addresses a critical gap in the existing transport provisions, where individuals may have faced harsh conditions or improper treatment. However, there are concerns from segments of law enforcement about whether the use of alternative providers may compromise safety or create additional liability.

Contention

Notable points of contention pertain to the balance between safety and compassion during the transport of individuals under detention orders. While the bill's advocates emphasize the role of trained personnel in ensuring safety, some critics express skepticism regarding the readiness and capability of these alternative providers to handle potentially volatile situations. There is also anxiety regarding liability issues concerning those who transport individuals, including potential negligence claims, which could deter individuals from acting as alternative providers.

Companion Bills

VA HB823

Similar To Temporary detention order; alternative transportation.

Similar Bills

VA HB163

Emergency custody and temporary detention; governing transportation & custody of minors and adults.

VA HB823

Temporary detention order; alternative transportation.

VA SB650

Emergency custody and temporary detention; hospitals and providers of behavioral health services.

VA SB872

Emergency custody; temporary detention, alternative transportation.

VA SB268

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

VA HB1037

Emergency custody and temporary detention; transportation of person when transfer of custody.

VA HB2230

Emergency custody and involuntary admissions; transfer of custody to facility.

VA SB593

Emergency custody or temporary detention order; custody and transportation of persons, etc.