A. Any prisoner involuntarily committed pursuant to § 53.1-40.2 shall have the right to appeal such order to the circuit court in the jurisdiction wherein the prisoner is located. The decision of the circuit court shall be final with no further right of appeal.
B. Such appeal must be filed within ten days from the date of the order and shall be given priority over all other pending matters before the court and heard as soon as possible, notwithstanding the provisions of § 19.2-241 providing time within which the court shall set criminal cases for trial. The clerk of the court from which an appeal is taken shall immediately transmit the record to the clerk of the circuit court.
C. No appeal bond or writ tax shall be required and the appeal shall proceed without the payment of costs or other fees. Costs may be recovered as provided for in § 53.1-40.8.
D. The appeal to the circuit court shall be heard de novo. An order continuing the commitment shall be entered only if the criteria in § 53.1-40.2 are met at the time the appeal is heard. The prisoner so committed shall be entitled to trial by jury. Seven persons from a panel of thirteen shall constitute a jury in such cases.
E. If such prisoner is not represented by counsel, the judge shall appoint an attorney to represent him. Counsel so appointed shall be paid a fee as provided in § 37.2-821. The order of the court from which the appeal is taken shall be defended by the attorney for the Commonwealth.
1988, c. 873; 1994, c. 211.
Structure Code of Virginia
Title 53.1 - Prisons and Other Methods of Correction
Chapter 2 - State Correctional Facilities
§ 53.1-18. Department to have custody of property; right to sue to protect property
§ 53.1-19. Establishment of correctional institutions
§ 53.1-20. Commitment of convicted persons to custody of Director
§ 53.1-20.1. Compensation of local jails for cost of incarceration
§ 53.1-21. Transfer of prisoners into and between state and local correctional facilities
§ 53.1-22. Misdemeanant suspected of having contagious disease
§ 53.1-23. Fingerprints, photographs and description
§ 53.1-23.2. Department to give notice of the receipt of certain prisoners
§ 53.1-24. Record of convictions and register to be kept
§ 53.1-25. Director to prescribe rules; rules to be available to prisoners
§ 53.1-25.1. Rules of state correctional facilities
§ 53.1-26. Confiscation of prohibited articles
§ 53.1-27. Establishment of stores in state correctional facilities
§ 53.1-28. Authority to fix discharge date; improper release; warrant, arrest and hearing
§ 53.1-29. Authority for correctional officers and other employees to carry weapons
§ 53.1-30. Who may enter interior of state correctional facilities; searches of those entering
§ 53.1-31. Sale or lease of gas, oil, or minerals
§ 53.1-31.1. Transportation of prisoners
§ 53.1-31.2. Notification of child support due by a prisoner
§ 53.1-31.3. Notification of incarcerated individuals ineligible for public assistance
§ 53.1-31.4. Department of Corrections-issued identification
§ 53.1-32. Treatment and control of prisoners; recreation; religious services
§ 53.1-32.01. Payment for bodily injury
§ 53.1-32.1. Classification system; program assignments; mandatory participation
§ 53.1-33. Physical examination of prisoner; ability to work
§ 53.1-33.1. Mandatory testing for human immunodeficiency virus
§ 53.1-34. Treatment of prisoner with contagious disease
§ 53.1-35. Correspondence privileges; receipt of publications
§ 53.1-35.1. Electronic visitation and messaging with inmates; fees
§ 53.1-35.2. Visitation of certain prisoners by minor dependents
§ 53.1-36. Prisoners may assist in medical research programs
§ 53.1-37. Furloughs generally; travel expenses; penalties for violations
§ 53.1-38. When ineligible for furloughs
§ 53.1-39. Certain punishment of prisoners prohibited
§ 53.1-39.1. Restrictive housing; data collection and reporting; report
§ 53.1-40. Appointment of counsel for indigent prisoners
§ 53.1-40.01. Conditional release of geriatric prisoners
§ 53.1-40.02. Conditional release of terminally ill prisoners
§ 53.1-40.1. Medical and mental health treatment of prisoners incapable of giving consent
§ 53.1-40.2. Involuntary admission of prisoners with mental illness
§ 53.1-40.3. Place of hearing or proceeding
§ 53.1-40.4. Appeal of order authorizing involuntary admission
§ 53.1-40.5. Transfer of prisoner involuntarily admitted
§ 53.1-40.6. Periodic review of prisoner for purposes of retention
§ 53.1-40.7. Discharge of prisoner involuntarily admitted
§ 53.1-40.8. Fees and expenses
§ 53.1-40.9. Civil admission proceeding prior to release
§ 53.1-40.10. Exchange of medical and mental health information and records
§ 53.1-40.12. Treatment of prisoners known to be pregnant
§ 53.1-40.13. Treatment of prisoners during postpartum recovery
§ 53.1-40.14. Reporting requirement
§ 53.1-40.15. Training of correctional facility employees regarding pregnant inmates
§ 53.1-40.16. Education for pregnant prisoners
§ 53.1-41. Opportunities for work and career and technical education
§ 53.1-42. Allowance for work and disposition thereof
§ 53.1-43. Pay incentives for prisoners
§ 53.1-43.1. Inmate trust accounts
§ 53.1-44. Investment of funds belonging to prisoners; use of income
§ 53.1-45. Sale of prison goods and services; print shop
§ 53.1-45.1. Work programs; agreements with other entities
§ 53.1-46. Sale of artistic products
§ 53.1-47. Purchases by agencies, localities, and certain nonprofit organizations
§ 53.1-48. Exceptions as to purchases
§ 53.1-49. Evasion by variance from specifications of Director
§ 53.1-50. Vouchers, certificates and warrants not to be questioned
§ 53.1-51. Intentional violations constitute malfeasance
§ 53.1-52. Procedure for purchases
§ 53.1-53. Transfer or sale of by-products of manufacturing processes
§ 53.1-54. Charges and catalogue; annual estimates of requirements by departments, etc.
§ 53.1-55. Sale or exchange of goods manufactured by prisoners of other states
§ 53.1-57. Payments by Department of Transportation to Director for labor
§ 53.1-58. Highway employees as guards
§ 53.1-60.1. Duties of Director in collecting court-imposed debt
§ 53.1-62. When ineligible for work release
§ 53.1-63.1. Department to establish facilities for juveniles sentenced as adults
§ 53.1-64. Programs and facilities
§ 53.1-65. Consideration of report developed at diagnostic facilities
§ 53.1-66. Transfer of prisoners to other facilities
§ 53.1-67. Admission to facility; good conduct allowance restricted
§ 53.1-67.3. Establishment of system
§ 53.1-67.4. Authority of Director; purchase of services authorized; location and notification
§ 53.1-67.5. Director to prescribe standards
§ 53.1-67.9. Establishment of community corrections alternative program; supervision upon completion