Virginia HB11 Advances Flexible Options for Emergency Mental Health Custody Transports

RICHMOND — House Bill 11, sponsored by Delegate Joseph McNamara of the 40th District, seeks to introduce practical flexibility into Virginia’s emergency custody procedures for individuals experiencing mental health crises. Prefiled on December 19, 2025, and offered on January 14, 2026, the legislation amends Section 37.2-808 of the Code of Virginia to clarify transportation requirements following emergency medical evaluation or treatment.

Emergency custody orders allow magistrates to take individuals into custody when there is probable cause to believe they have mental illness posing a substantial likelihood of serious physical harm to themselves or others, or inability to provide for basic needs, and they are unwilling or incapable of voluntary hospitalization. The order mandates transportation to a location for evaluation by a community services board designee or certified evaluator skilled in mental health diagnosis and treatment.

Under current law, transportation involves law enforcement or approved alternative providers, such as family members, friends, or trained personnel, to ensure safe delivery for assessment. HB11 builds on this framework by specifying that, upon completion of any necessary emergency medical evaluation or treatment at a medical facility, the individual shall be transported to an approved treatment center or directly to their residence. This provision aims to streamline the process, allowing for appropriate de-escalation without mandating extended institutional transport in every case.

The bill maintains strict safeguards. The issuing magistrate or court designates the primary law-enforcement agency responsible for execution and transportation, but authorizes alternatives when deemed safe based on input from petitioners, community services boards, physicians, and others. Custody periods are capped at eight hours from execution, after which release occurs unless a temporary detention order follows. Law enforcement officers can initiate custody without prior order if probable cause exists based on observations.

Delegate McNamara’s measure received prompt attention in the House Committee on Health and Human Services, to which it was referred upon introduction. On January 16, 2026, it was assigned to the Subcommittee on Behavioral Health. By January 27, 2026, the full committee continued the bill to the next session via voice vote, signaling ongoing interest amid the 2026 Regular Session’s proceedings.

Cosponsored by Delegates Delores Oates and Sam Rasoul, HB11 reflects a targeted approach to mental health response protocols. It emphasizes safe, efficient transportation options, including provisions for family or guardian presence during evaluations unless objected to or deemed risky. The legislation also addresses liability protections for alternative providers and ensures medical records disclosure where required.

Key elements include allowances for officers to cross jurisdictional lines for execution and the option for voluntary transport revocation leading to custody if criteria are met. Facilities accepting custody transfers must provide necessary security, and payments cover screening services for those in emergency custody. Training for restraint use by alternative providers is outlined to prioritize safety.

This amendment aligns with efforts to balance public safety and individual rights in crisis situations. By permitting residence return post-evaluation, the bill supports community reintegration where feasible, potentially easing burdens on treatment facilities and law enforcement resources across the Commonwealth. Districts like McNamara’s 40th, encompassing parts of Roanoke County, Roanoke City, and Salem City, stand to benefit from such localized, responsive measures.

As the General Assembly progresses, HB11’s carryover positions it for renewed debate, underscoring Republican priorities in refining behavioral health interventions. The full committee history and text underscore a meticulous process, with the bill’s print number 26103029D reflecting its readiness for floor consideration in the forthcoming session.

Virginia’s emergency custody framework, as refined by HB11, continues to prioritize immediate evaluation while introducing residence as a viable endpoint after medical clearance. This adjustment promises more tailored responses, fostering stability for families and communities facing mental health challenges without compromising protective standards.

Email the Richmond City Council:
Andrew Breton, andrew.breton@rva.gov,
Katherine Jordan, katherine.jordan@rva.gov,
Kenya Gibson, kenya.gibson@rva.gov,
Sarah Abubaker, sarah.abubaker@rva.gov,
Stephanie Lynch, stephanie.lynch@rva.gov,
Ellen Robertson, ellen.robertson@rva.gov,
Cynthia Newbille, cynthia.newbille@rva.gov,
Reva Trammell, reva.trammell@rva.gov,
Nicole Jones, nicole.jones@rva.gov,

Email the Richmond School Board:
Matthew Percival, mpercival@rvaschools.net,
Kathryn Ricard, kricard@rvaschools.net,
Ali Faruk, afaruk@rvaschools.net,
Wesley Hedgepeth, whedgepeth@rvaschools.net,
Stephanie Rizzi, srizzi@rvaschools.net,
Anne Holton, aholton@rvaschools.net,
Cheryl Burke, cburke2@rvaschools.net,
Emmett Jafari, ejafari@rvaschools.net,
Shavonda Fernandez, sdixon@rvaschools.net,

Email the Salem City Council:
Renée Turk, rturk@salemva.gov,
Anne Marie Green, agreen@salemva.gov,
Randy Foley, rfoley@salemva.gov,
Hunter Holliday, hholliday@salemva.gov,

Email the Salem School Board:
Andy Raines, andyraines@salem.k12.va.us,
Macel Janoschka, mjanoschka@salem.k12.va.us,
Teresa Sizemore, tsizemore-hernandez@salem.k12.va.us,
Mike Crawley, mcrawley@salem.k12.va.us,
Chris King, cking@salem.k12.va.us,