SB 268

Abstract

Emergency custody and temporary detention; transportation; transfer of custody. Provides that when a magistrate orders alternative transportation for an individual under a temporary detention order, 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. Such 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 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. The bill clarifies that if no alternative transportation provider is available, the magistrate shall order a person to be kept in law-enforcement custody. The bill also requires the Department of Behavioral Health and Developmental Services to amend an existing contract or enter into a new contract for alternative custody of persons who are subject to temporary detention orders, to the extent funding for such alternative custody is available. This bill incorporates SB 176, SB 650, and SB 682.

Emergency custody and temporary detention; transportation; transfer of custody. Requires a magistrate to consider all alternative transportation options when designating the person who will provide transportation for a person subject to an emergency custody order, and provides that the magistrate shall only designate the local law enforcement agency as the transportation provider if no alternative transportation provide is available. The bill provides that in cases in which transportation is provided by an alternative transportation provider designated in an emergency custody order or a temporary detention order, the law enforcement officer who executed the order may transfer custody of the person to the alternative transportation provider immediately upon execution of the order. The bill also provides that when a state hospital is designated as the facility of temporary detention, the state hospital may designate an available alternative transportation provider to assume custody of the person who is the subject of the temporary detention order and transport the person to the state hospital. The bill also requires the Department of Behavioral Health and Developmental Services to amend its existing contract for the provision of alternative transportation of a person who is subject to an emergency custody or temporary detention order to ensure sufficient availability of sufficient staff to take custody of and transport person subject to emergency custody and temporary detention orders in accordance with the provisions of the bill.

Emergency custody and temporary detention; 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 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 an evaluation is conducted and custody is transferred pursuant to a temporary detention order or the person is released upon determination the person does not meet the criteria for temporary detention or custody of the person is transferred to the community services board or its designee that is responsible for conducting the evaluation. The bill also provides that in cases in which transportation of a person subject to a temporary detention 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 temporary detention facility. The bill also 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.