A. Prior to a hearing as authorized in §§ 37.2-814 through 37.2-819, the district court judge or special justice may release the person on his personal recognizance or bond set by the district court judge or special justice if it appears from all evidence readily available that the person does not meet the commitment criteria specified in subsection C of § 37.2-817.

B. The director of any facility in which the person is detained may release the person prior to a hearing as authorized in §§ 37.2-814 through 37.2-819 if it appears, based on an evaluation conducted by the psychiatrist or clinical psychologist treating the person, that the person would not meet the commitment criteria specified in subsection C of § 37.2-817 if released. Prior to the person’s release under this subsection, the director shall consider, based on an evaluation conducted by the psychiatrist or clinical psychologist treating the person, whether referral of the person to a community-based outpatient stabilization program for voluntary treatment is appropriate.

C. For any person under a temporary detention order pursuant to § 37.2-809, prior to transport to the facility of temporary detention, the director of the facility in which the person is located may release the person if an employee or a designee of the local community services board, as those terms are defined in § 37.2-809, in consultation with the person’s treating physician, (i) conducts an evaluation of the person, (ii) determines that the person no longer meets the commitment criteria specified in subsection C of § 37.2-817, (iii) authorizes the release of the person, and (iv) provides a discharge plan. The director and the person’s treating physician shall consider referral to a community-based outpatient stabilization program for voluntary treatment in forming the person’s discharge plan under this subsection.

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