HB822 - Emergency custody; transportation for transfer of custody.

1 Co-Sponsor

Emergency custody; transportation; transfer of custody. Provides that, in cases in which transportation of a person subject to an emergency custody order is ordered to be provided by an alternative transportation provider, 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, and that the 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 community services board or its designee that is responsible for conducting the evaluation or 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 for emergency custody orders. Additionally, the bill allows for the transfer of custody to the temporary detention facility if the magistrate issuing the emergency custody order determines that the person subject to the order is not at risk to seriously harm others in the near future without any additional conditions being met.