Code of Virginia
Chapter 8 - Emergency Custody and Voluntary and Involuntary Civil Admissions
§ 37.2-818. Commitment hearing for involuntary admission; recordings and records

A. The district court judge or special justice shall make or cause to be made a tape or other audio recording of any hearings held under this chapter, with no more than one hearing recorded per tape, and shall submit the recording to the clerk of the district court in the locality in which the hearing is held to be retained in a confidential file. The person who was the subject of the hearing shall be entitled, upon request, to obtain a copy of the tape or other audio recording of such hearing. These recordings shall be retained for at least three years from the date of the commitment hearing.
B. Except as provided in this section and § 37.2-819, the court shall keep its copies of recordings made pursuant to this section, relevant medical records, reports, and court documents pertaining to the hearings provided for in this chapter confidential. The person who is the subject of the hearing may, in writing, waive the confidentiality provided herein. In the absence of such waiver, access to the dispositional order only may be provided upon court order. Any person seeking access to the dispositional order may file a written motion setting forth why such access is needed. The court may issue an order to disclose the dispositional order if it finds that such disclosure is in the best interest of the person who is the subject of the hearing or of the public. The Executive Secretary of the Supreme Court and anyone acting on his behalf shall be provided access to the court's records upon request. Such recordings, records, reports, and documents shall not be subject to the Virginia Freedom of Information Act (§ 2.2-3700 et seq.).
C. After entering an order for involuntary admission or mandatory outpatient treatment, the judge or special justice shall order that copies of the relevant records of the person be released to (i) the facility in which he is placed, (ii) the community services board of the jurisdiction where the person resides, (iii) any treatment providers identified in a treatment plan incorporated into any mandatory outpatient treatment order, and (iv) any other treatment providers or entities.
1976, c. 671, § 37.1-67.3; 1979, c. 426; 1980, cc. 166, 582; 1982, c. 471; 1984, c. 277; 1985, c. 261; 1986, cc. 349, 609; 1988, c. 225; 1989, c. 716; 1990, cc. 59, 60, 728, 798; 1991, c. 636; 1992, c. 752; 1994, cc. 736, 907; 1995, cc. 489, 668, 844; 1996, cc. 343, 893; 1997, cc. 558, 921; 1998, c. 446; 2001, cc. 478, 479, 507, 658, 837; 2004, cc. 66, 1014; 2005, c. 716; 2008, cc. 806, 850, 870.

Structure Code of Virginia

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. Fees and expenses

§ 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

§ 37.2-806. Judicial certification of eligibility for admission of persons with intellectual disability

§ 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

§ 37.2-812. Repealed

§ 37.2-813. (Effective until October 1, 2022) Release of person prior to commitment hearing for involuntary admission

§ 37.2-813. (Effective October 1, 2022) Release of person prior to commitment hearing for involuntary admission

§ 37.2-814. Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner

§ 37.2-815. (Effective until October 1, 2022) Commitment hearing for involuntary admission; examination required

§ 37.2-815. (Effective October 1, 2022) Commitment hearing for involuntary admission; examination required

§ 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

§ 37.2-817.1. (Effective until October 1, 2022) Monitoring mandatory outpatient treatment; petition for hearing

§ 37.2-817.1. (Effective October 1, 2022) Monitoring and court review of mandatory outpatient treatment

§ 37.2-817.2. (Repealed effective October 1, 2022) Court review of mandatory outpatient treatment plan

§ 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

§ 37.2-819. Order of involuntary admission or mandatory outpatient treatment forwarded to CCRE; certain voluntary admissions forwarded to CCRE; firearm background check

§ 37.2-820. Place of hearing

§ 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

§ 37.2-827. Repealed

§ 37.2-828. Receiving and maintaining federal prisoners in state facilities

§ 37.2-829. Transportation of person in civil admission process

§ 37.2-830. Repealed

§ 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

§ 37.2-833. Escape, sickness, death, or discharge of a person ordered to be involuntarily admitted while in custody; warrant for person escaping

§ 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

§ 37.2-837. Discharge from state hospitals or training centers, conditional release, and trial or home visits for individuals

§ 37.2-838. Discharge of individuals from a licensed hospital

§ 37.2-839. Exchange of information between community services boards or behavioral health authorities and state facilities

§ 37.2-840. Transfer of individuals receiving services

§ 37.2-841. Admission of veteran to, or transfer to or from, a Veterans Affairs hospital, center, or other facility or installation

§ 37.2-842. Veterans admitted or transferred to Veterans Affairs hospital, center, or other facility or installation subject to rules; power and authority of medical officer in charge

§ 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

§ 37.2-847. Duty of attorney for Commonwealth