A. Any person held in custody because of his mental illness may by petition for a writ of habeas corpus have the question of the legality of his detention determined by a court of competent jurisdiction. Upon the petition, after notice to the authorities of the facility or other institution in which the person is confined, the court shall determine in a courtroom of the county or city or in some other convenient public place in that county or city, whether the person has a mental illness and whether he should be detained.
B. Any proceeding to challenge the continued secure inpatient treatment of a person held in custody as a sexually violent predator under Chapter 9 (§ 37.2-900 et seq.) of this title shall be conducted in accordance with § 37.2-910.
Code 1950, §§ 37-122, 37-123; 1950, p. 916; 1968, c. 477, § 37.1-103; 1976, c. 671; 2003, cc. 989, 1018; 2005, c. 716.
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