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Newport News Police Department
a. The officer providing the courtesy transport will inform Communications of the courtesy
transport and which facility they are transporting them to.
b. The officer will ensure the facility staff is aware of the person’s presence and needs before leaving
them at the facility.
c. At Riverside, the ER's back entrance will be utilized. The officer will also ensure the ECO/TDO
officer is aware if they are on duty.
D. Execution of Emergency Custody Orders (ECO)
1. Emergency Custody Orders (ECOs) shall be executed as set out in §37.2-808 of the Code of Virginia.
2. An ECO is valid for eight hours from the time the person is taken into custody. It must be executed
within eight hours of issuance, or it will become void. The officer executes the ECO when taking
custody of the subject. The CSB will ensure the ECO is returned to the magistrate, after its execution.
The remaining three copies will be administered by the facility where the subject is being evaluated.
a. When taking a subject into custody on-scene, the ECO should be served upon arrival at the
hospital.
b. When transferring custody, the ECO must be served before the transfer.
c. Officers will return any unexecuted ECOs to the magistrate.
3. Officers may travel outside their jurisdiction to execute the ECO or obtain appropriate assessment
services.
4. Upon execution of an ECO by an officer:
a. The officer will contact a CSB crisis counselor through Communications as soon as practicable.
b. The officer will ensure that any person served with an ECO receives a copy of their procedures
and statutory protections involved (Virginia Form DC-4050 Explanation of Emergency Custody
Procedures).
5. When the ECO expires (issued or non-judiciary), the person must be:
a. Released from emergency custody; or
b. Medically admitted to a mental health or medical facility through a Temporary Detention Order
(TDO) or Medical Detention Order (MDO). Only a mental health professional may obtain a TDO.
c. Any ECO not executed within eight hours of its issuance becomes void and will be returned to the
office of the issuing court, if during the court’s business hours or the office of the magistrate for
the issuing court.
E. Involuntary Admissions [41.2.7(b,c)]
1. If the subject poses no immediate threat to self or others, a relative or other responsible person may
petition a District Court judge to order the detention of, and a hearing for, the person who is believed
to need mental health treatment.
2. When the court is not in session, people may petition for an emergency custody order (ECO) from the
on duty Magistrate, regardless of whether a previous ECO was issued.
3. Police officers should refrain from initiating involuntary admissions unless a relative or other
responsible person is not available and/or the officer has probable cause to believe the person in
crisis and is demonstrating dangerous behavior.
4. Officer Initiated Non-Judiciary Emergency Custody - A law-enforcement officer who, based upon his
observation or the reliable reports of others, has probable cause to believe that a person meets the
criteria for emergency custody as stated in this section may take that person into custody and
transport that person to an appropriate location to assess the need for hospitalization or treatment
without prior authorization.
a. The period of this custody will not exceed eight hours from the time an officer takes the person
into emergency custody. The time that emergency custody begins shall be noted in CAD and
provided to any attending CSB or medical facility staff involved.
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