When a court shall have entered any of the orders provided for in § 19.2-168.1, 19.2-169.1, 19.2-169.5, or 19.2-169.6, the sheriff of the county or city or the proper officer of the penal institution shall immediately proceed to ascertain whether a vacancy exists at the proper facility or hospital and until it is ascertained that there is a vacancy such person shall be kept in the jail of such county or city or in such custody as the court may order, or in the penal institution in which he is confined, until there is room in such facility or hospital. Any person whose care and custody is herein provided for shall be taken to and from the facility or hospital to which he was committed by an officer of the penal institution having custody of him, or by the sheriff of the county or city whose court issued the order of commitment, and the expenses incurred in such removals shall be paid by such penal institution, county or city.
Code 1950, § 19.1-236; 1960, c. 366; 1975, c. 495; 1995, c. 645; 2010, cc. 340, 406.
Structure Code of Virginia
Title 19.2 - Criminal Procedure
Chapter 11 - Proceedings on Question of Insanity
§ 19.2-167. Accused not to be tried while insane or feebleminded
§ 19.2-168.1. Evaluation on motion of the Commonwealth after notice
§ 19.2-169.2. (Effective until July 1, 2023) Disposition when defendant found incompetent
§ 19.2-169.2. (Effective July 1, 2023) Disposition when defendant found incompetent
§ 19.2-169.4. Litigating certain issues when the defendant is incompetent
§ 19.2-169.5. Evaluation of sanity at the time of the offense; disclosure of evaluation results
§ 19.2-169.7. Disclosure by defendant during evaluation or treatment; use at guilt phase of trial
§ 19.2-169.8. Orders for evaluation or treatment; duties of clerk; copies
§ 19.2-174.1. Information required prior to admission to a mental health facility
§ 19.2-175. Compensation of experts
§ 19.2-178. Where prisoner kept when no vacancy in facility or hospital
§ 19.2-180. Sentence or trial of prisoner when restored to sanity
§ 19.2-182. Representation by counsel in proceeding for commitment