Any state facility shall admit any person requesting admission who has been (i) screened by the community services board or behavioral health authority that serves the county or city where the person resides or, if impractical, where the person is located, (ii) examined by a physician on the staff of the state facility, and (iii) deemed by the board or authority and the state facility physician to be in need of treatment, training, or habilitation in a state facility. Upon motion of the treating physician, a family member or personal representative of the person, or the community services board serving the county or city where the facility is located, the county or city where the person resides, or the county or city where the person receives treatment, a hearing shall be held prior to the release date of any person who has been the subject of a temporary detention order and voluntarily admitted himself in accordance with subsection B of § 37.2-814 to determine whether such person should be ordered to mandatory outpatient treatment pursuant to subsection D of § 37.2-817 upon his release if such person, on at least two previous occasions within 36 months preceding the date of the hearing, has been (a) the subject of a temporary detention order and voluntarily admitted himself in accordance with subsection B of § 37.2-814 or (b) involuntarily admitted pursuant to § 37.2-817. A district court judge or special justice shall hold the hearing within 72 hours after receiving the motion for a mandatory outpatient treatment order; however, if the 72-hour period expires on a Saturday, Sunday, or legal holiday, the hearing shall be held by the close of business on the next day that is not a Saturday, Sunday, or legal holiday.
Code 1950, § 37-113; 1950, p. 915; 1964, c. 640; 1968, c. 477, § 37.1-65; 1970, c. 46; 1972, cc. 639, 823; 1976, c. 671; 1980, c. 582; 1998, c. 446; 2005, c. 716; 2012, c. 300; 2013, c. 179.
Structure Code of Virginia
Title 37.2 - Behavioral Health and Developmental Services
Chapter 8 - Emergency Custody and Voluntary and Involuntary Civil Admissions
§ 37.2-800. Applicability of chapter
§ 37.2-801. Admission procedures; forms
§ 37.2-802. Interpreters in admission or certification proceedings
§ 37.2-803. Special justices to perform duties of judge
§ 37.2-804.1. Use of electronic communication
§ 37.2-804.2. Disclosure of records
§ 37.2-805. (Effective until October 1, 2022) Voluntary admission
§ 37.2-805. (Effective October 1, 2022) Voluntary admission
§ 37.2-805.1. Admission of incapacitated persons pursuant to advance directives or by guardians
§ 37.2-807. Emergency or respite care admissions to training centers
§ 37.2-808. Emergency custody; issuance and execution of order
§ 37.2-809. Involuntary temporary detention; issuance and execution of order
§ 37.2-809.1. Facility of temporary detention
§ 37.2-810. Transportation of person in the temporary detention process
§ 37.2-811. Emergency treatment of inmates in the custody of local correctional facilities
§ 37.2-816. Commitment hearing for involuntary admission; preadmission screening report
§ 37.2-817. (Effective until October 1, 2022) Involuntary admission and mandatory outpatient orders
§ 37.2-817. (Effective October 1, 2022) Involuntary admission
§ 37.2-817.01. (Effective October 1, 2022) Mandatory outpatient treatment
§ 37.2-817.3. Rescission of mandatory outpatient treatment order
§ 37.2-817.4. (Effective until October 1, 2022) Continuation of mandatory outpatient treatment order
§ 37.2-817.4. (Effective October 1, 2022) Continuation of mandatory outpatient treatment order
§ 37.2-818. Commitment hearing for involuntary admission; recordings and records
§ 37.2-821. (Effective until October 1, 2022) Appeal of involuntary admission or certification order
§ 37.2-821. (Effective October 1, 2022) Appeal of involuntary admission or certification order
§ 37.2-822. Treatment of person admitted while appeal is pending
§ 37.2-823. Examination of admission papers by director; examination of persons admitted
§ 37.2-824. Periodic review of all persons for purposes of retention
§ 37.2-825. Admission raises no presumption of legal incapacity
§ 37.2-826. Disposition of nonresidents
§ 37.2-828. Receiving and maintaining federal prisoners in state facilities
§ 37.2-829. Transportation of person in civil admission process
§ 37.2-831. Detention in jail after order of admission
§ 37.2-832. Persons with mental illness not to be confined in cells with criminals
§ 37.2-834. Arrest of certain persons involuntarily admitted
§ 37.2-835. Arrest without warrant
§ 37.2-836. Employees to accompany persons admitted voluntarily to facilities
§ 37.2-838. Discharge of individuals from a licensed hospital
§ 37.2-840. Transfer of individuals receiving services
§ 37.2-843. Providing drugs or medicines for certain individuals discharged from state facilities
§ 37.2-844. Habeas corpus as means
§ 37.2-845. Procedure when person confined in facility or other institution
§ 37.2-846. Procedure when person not confined in facility or other institution