Virginia 2026 Regular Session

Virginia Senate Bill SB395

Introduced
1/13/26  

Caption

Emergency and temporary detention transportation; clarifies term of "law-enforcement officer."

Impact

If enacted, SB395 would amend the existing Code of Virginia to enhance protocols for transporting individuals under emergency custody orders, specifically addressing how law enforcement and designated alternative transporters should carry out their responsibilities. The bill mandates that magistrates designate not only the law enforcement agency responsible for executing temporary detention orders, but also allows for alternative providers, such as family members or trained personnel, to transport individuals safely in compliance with legal standards.

Summary

Senate Bill 395, also known as the Emergency and Temporary Detention Transportation bill, aims to clarify the procedures and stipulations around the transportation of individuals undergoing temporary detention due to mental health crisis situations. The bill specifies the roles and responsibilities of law enforcement agencies and alternative transportation providers, emphasizing the importance of ensuring safe transport for minors and individuals experiencing mental health emergencies. This legislative proposal underscores the necessity of having procedures in place that adequately address the dynamics of emergency custodial situations.

Sentiment

General sentiment surrounding SB395 appears to be supportive, emphasizing the need for a coherent and safe framework to address mental health crisis situations effectively. Proponents argue that the bill helps to protect both the individuals undergoing assessment and the officers involved, promoting accountability and safety. However, there might be apprehensions about the practical applicability of such changes and whether sufficient training and resources will be available for alternative transportation providers to ensure they can competently handle these sensitive cases.

Contention

Some points of contention regarding SB395 could center around the designation of alternative transportation providers, particularly concerns about safety and liability during transport. Critics may question the adequacy of training for individuals other than law enforcement to handle mental health crisis situations, since inappropriate handling could exacerbate the crisis. Additionally, there are ongoing debates regarding the balance between civil liberties and necessary interventions for individuals in acute mental distress, making discussions about emergency custodial laws particularly critical in legislative forums.

Companion Bills

No companion bills found.

Previously Filed As

VA HB1895

Involuntary temporary detention orders; amends definition of "psychiatric emergency department."

VA SB1094

Involuntary temporary detention orders; amends definition of "psychiatric emergency department."

VA HB1712

Law-enforcement agencies and officers; establishing training curriculum on certain arrests.

VA HB2230

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

VA SB1398

Assault and battery; adds campus police officers to definition of law-enforcement officer.

VA SB926

Assault and battery; adds officers of Va. Marine Police to definition of law-enforcement officer.

VA SB946

Assault and battery; adds officers of Va. Marine Police to definition of law-enforcement officer.

VA SB1194

Law-enforcement agencies and officers; establishing training curriculum on certain arrests.

VA HB2363

Corrections, Dept. of; designated employees with same power as sheriff or law-enforcement officer.

VA HB1852

"Family or household member"; clarifies definition.

Similar Bills

VA HB976

Person in temporary detention process; alternative transportation provider.

VA SB75

Emergency and temporary detention transportation; alternative transportation providers, etc.

VA HB2230

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

VA HB681

Retired law-enforcement officers; emergency and temporary detention admissions.

NJ A3054

Requires establishment of grant programs to provide workforce shuttles and cover transportation costs; appropriates $10 million in federal funds.

TX HB1624

Relating to the authority of a local authority to install a temporary traffic-control device on certain highways.

SC H3842

Medical authorization of handicap placards

NJ A1845

Requires DEP and New Jersey Infrastructure Bank to provide priority for principal forgiveness on environmental infrastructure project loans to municipalities in coastal areas.