{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-169.6.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-169.6.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-169.6.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-169.6.html"}],"law_id":74002,"edition_id":1,"section_id":74002,"structure_id":13151,"section_number":"19.2-169.6","catch_line":"Inpatient psychiatric hospital admission from local correctional facility","history":"1982, c. 653; 1986, c. 629; 1987, c. 96; 1990, c. 76; 1995, c. 844; 2005, c. 716; 2008, cc. 779, 782, 850, 870; 2010, cc. 340, 406; 2012, c. 801; 2014, cc. 499, 538, 691; 2016, cc. 357, 599; 2017, cc. 463, 468, 605; 2018, c. 144; 2022, c. 763.","full_text":"A\n\nAny inmate of a local correctional facility may be hospitalized for psychiatric treatment at a hospital designated by the Commissioner of Behavioral Health and Developmental Services as appropriate for treatment of persons under criminal charge if:1\n\nThe court with jurisdiction over the inmate’s case, if it is still pending, on the petition of the person having custody over an inmate or on its own motion, holds a hearing at which the inmate is represented by counsel and finds by clear and convincing evidence that (i) the inmate has a mental illness; (ii) there exists a substantial likelihood that, as a result of a mental illness, the inmate will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and any other relevant information or (b) suffer serious harm due to his lack of capacity to protect himself from harm as evidenced by recent behavior and any other relevant information; and (iii) the inmate requires treatment in a hospital rather than the local correctional facility. Prior to making this determination, the court shall consider the examination conducted in accordance with § 37.2-815 and the preadmission screening report prepared in accordance with § 37.2-816 and conducted in-person or by means of a two-way electronic video and audio communication system as authorized in § 37.2-804.1 by an employee or designee of the local community services board or behavioral health authority who is skilled in the assessment and treatment of mental illness, who is not providing treatment to the inmate, and who has completed a certification program approved by the Department of Behavioral Health and Developmental Services as provided in § 37.2-809. The examiner appointed pursuant to § 37.2-815, if not physically present at the hearing, shall be available whenever possible for questioning during the hearing through a two-way electronic video and audio or telephonic communication system as authorized in § 37.2-804.1. Any employee or designee of the local community services board or behavioral health authority, as defined in § 37.2-809, representing the board or authority that prepared the preadmission screening report shall attend the hearing in person or, if physical attendance is not practicable, shall participate in the hearing through a two-way electronic video and audio communication system as authorized in § 37.2-804.1. When the hearing is held outside the service area of the community services board or behavioral health authority that prepared the preadmission screening report, and it is not practicable for a representative of the board or authority to attend or participate in the hearing, arrangements shall be made by the board or authority for an employee or designee of the board or authority serving the area in which the hearing is held to attend or participate on behalf of the board or authority that prepared the preadmission screening report; or2\n\nUpon petition by the person having custody over an inmate, a magistrate finds probable cause to believe that (i) the inmate has a mental illness; (ii) there exists a substantial likelihood that, as a result of a mental illness, the inmate will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and any other relevant information or (b) suffer serious harm due to his lack of capacity to protect himself from harm as evidenced by recent behavior and any other relevant information; and (iii) the inmate requires treatment in a hospital rather than a local correctional facility, and the magistrate issues a temporary detention order for the inmate. Prior to the filing of the petition, the person having custody shall arrange for an evaluation of the inmate conducted in-person or by means of a two-way electronic video and audio communication system as authorized in § 37.2-804.1 by an employee or designee of the local community services board or behavioral health authority who is skilled in the assessment and treatment of mental illness and who has completed a certification program approved by the Department as provided in § 37.2-809. After considering the evaluation of the employee or designee of the local community services board or behavioral health authority, and any other information presented, and finding that probable cause exists to meet the criteria, the magistrate may issue a temporary detention order in accordance with the applicable procedures specified in §§ 37.2-809 through 37.2-813. A temporary detention order issued pursuant to this subdivision may be executed by a deputy sheriff or jail officer, as those terms are defined in § 53.1-1, employed at the local correctional facility where the inmate is incarcerated. The person having custody over the inmate shall notify the court having jurisdiction over the inmate’s case, if it is still pending, and the inmate’s attorney prior to the detention pursuant to a temporary detention order or as soon thereafter as is reasonable.\n\t\t\t\tUpon detention pursuant to this subdivision, a hearing shall be held either before the court having jurisdiction over the inmate’s case or before a district court judge or a special justice, as defined in § 37.2-100, in accordance with the provisions of §§ 37.2-815 through 37.2-821, in which case the inmate shall be represented by counsel as specified in § 37.2-814. The hearing shall be held within 72 hours of execution of the temporary detention order issued pursuant to this subdivision. If the 72-hour period terminates on a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed, the inmate may be detained until the close of business on the next day that is not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed. Any employee or designee of the local community services board or behavioral health authority, as defined in § 37.2-809, representing the board or authority that prepared the preadmission screening report shall attend the hearing in person or, if physical attendance is not practicable, shall participate in the hearing through a two-way electronic video and audio communication system as authorized in § 37.2-804.1. When the hearing is held outside the service area of the community services board or behavioral health authority that prepared the preadmission screening report, and it is not practicable for a representative of the board or authority to attend or participate in the hearing, arrangements shall be made by the board or authority for an employee or designee of the board or authority serving the area in which the hearing is held to attend or participate on behalf of the board or authority that prepared the preadmission screening report. The judge or special justice conducting the hearing may order the inmate hospitalized if, after considering the examination conducted in accordance with § 37.2-815, the preadmission screening report prepared in accordance with § 37.2-816, and any other available information as specified in subsection C of § 37.2-817, he finds by clear and convincing evidence that (1) the inmate has a mental illness; (2) there exists a substantial likelihood that, as a result of a mental illness, the inmate will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and any other relevant information or (b) suffer serious harm due to his lack of capacity to protect himself from harm as evidenced by recent behavior and any other relevant information; and (3) the inmate requires treatment in a hospital rather than a local correctional facility. The examiner appointed pursuant to § 37.2-815, if not physically present at the hearing, shall be available whenever possible for questioning during the hearing through a two-way electronic video and audio or telephonic communication system as authorized in § 37.2-804.1. The examination and the preadmission screening report shall be admitted into evidence at the hearing.B\n\nIn no event shall an inmate have the right to make application for voluntary admission as may be otherwise provided in § 37.2-805 or 37.2-814 or be subject to an order for mandatory outpatient treatment as provided in § 37.2-817.01.C\n\nIf an inmate is hospitalized pursuant to this section and his criminal case is still pending, the court having jurisdiction over the inmate’s case may order that the admitting hospital evaluate the inmate’s competency to stand trial and his mental state at the time of the offense pursuant to §§ 19.2-169.1 and 19.2-169.5.D\n\nAn inmate may not be hospitalized longer than 30 days under subsection A unless the court which has criminal jurisdiction over him or a district court judge or a special justice, as defined in § 37.2-100, holds a hearing and orders the inmate’s continued hospitalization in accordance with the provisions of subdivision A 2. If the inmate’s hospitalization is continued under this subsection by a court other than the court which has jurisdiction over his criminal case, the facility at which the inmate is hospitalized shall notify the court with jurisdiction over his criminal case and the inmate’s attorney in the criminal case, if the case is still pending.E\n\nHospitalization may be extended in accordance with subsection D for periods of 60 days for inmates awaiting trial, but in no event may such hospitalization be continued beyond trial, nor shall such hospitalization act to delay trial, as long as the inmate remains competent to stand trial. Hospitalization may be extended in accordance with subsection D for periods of 180 days for an inmate who has been convicted and not yet sentenced, or for an inmate who has been convicted of a crime and is in the custody of a local correctional facility after sentencing, but in no event may such hospitalization be continued beyond the date upon which his sentence would have expired had he received the maximum sentence for the crime charged. Any inmate who has not completed service of his sentence upon discharge from the hospital shall serve the remainder of his sentence.F\n\nFor any inmate who has been convicted and not yet sentenced, or who has been convicted of a crime and is in the custody of a local correctional facility after sentencing, the time the inmate is confined in a hospital for psychiatric treatment shall be deducted from any term for which he may be sentenced to any penal institution, reformatory or elsewhere.G\n\nAny health care provider, as defined in § 32.1-127.1:03, or other provider rendering services to an inmate who is the subject of a proceeding under this section, upon request, shall disclose to a magistrate, the court, the inmate’s attorney, the inmate’s guardian ad litem, the examiner appointed pursuant to § 37.2-815, the community service board or behavioral health authority preparing the preadmission screening pursuant to § 37.2-816, or the sheriff or administrator of the local correctional facility any and all information that is necessary and appropriate to enable each of them to perform his duties under this section. These health care providers and other service providers shall disclose to one another health records and information where necessary to provide care and treatment to the inmate and to monitor that care and treatment. Health records disclosed to a sheriff or administrator of the local correctional facility shall be limited to information necessary to protect the sheriff or administrator of the local correctional facility and his employees, the inmate, or the public from physical injury or to address the health care needs of the inmate. Information disclosed to a law-enforcement officer shall not be used for any other purpose, disclosed to others, or retained.\n\t\t\tAny health care provider disclosing records pursuant to this section shall be immune from civil liability for any harm resulting from the disclosure, including any liability under the federal Health Insurance Portability and Accountability Act (42 U.S.C. § 1320d et seq.), as amended, unless the person or provider disclosing such records intended the harm or acted in bad faith.H\n\nAny order entered where an inmate is the subject of proceedings under this section shall provide for the disclosure of medical records pursuant to subsection G. This subsection shall not preclude any other disclosures as required or permitted by law.I\n\nIf the person having custody over an inmate files a petition pursuant to this section, such person shall ensure that the appropriate community services board or behavioral health authority is advised of the need for a preadmission screening. If the community services board or behavioral health authority does not respond upon being advised of the need for a preadmission screening or fails to complete the preadmission screening, the person having custody over the inmate shall contact the director or other senior management at the community services board or behavioral health authority.J\n\nAs used in this section, “person having custody over an inmate” means the sheriff or other person in charge of the local correctional facility where the inmate is incarcerated at the time of the filing of a petition for the psychiatric treatment of the inmate.","order_by":null,"text":{"0":{"id":266184,"text":"Any inmate of a local correctional facility may be hospitalized for psychiatric treatment at a hospital designated by the Commissioner of Behavioral Health and Developmental Services as appropriate for treatment of persons under criminal charge if:","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"A1"},"1":{"id":266185,"text":"The court with jurisdiction over the inmate’s case, if it is still pending, on the petition of the person having custody over an inmate or on its own motion, holds a hearing at which the inmate is represented by counsel and finds by clear and convincing evidence that (i) the inmate has a mental illness; (ii) there exists a substantial likelihood that, as a result of a mental illness, the inmate will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and any other relevant information or (b) suffer serious harm due to his lack of capacity to protect himself from harm as evidenced by recent behavior and any other relevant information; and (iii) the inmate requires treatment in a hospital rather than the local correctional facility. Prior to making this determination, the court shall consider the examination conducted in accordance with § 37.2-815 and the preadmission screening report prepared in accordance with § 37.2-816 and conducted in-person or by means of a two-way electronic video and audio communication system as authorized in § 37.2-804.1 by an employee or designee of the local community services board or behavioral health authority who is skilled in the assessment and treatment of mental illness, who is not providing treatment to the inmate, and who has completed a certification program approved by the Department of Behavioral Health and Developmental Services as provided in § 37.2-809. The examiner appointed pursuant to § 37.2-815, if not physically present at the hearing, shall be available whenever possible for questioning during the hearing through a two-way electronic video and audio or telephonic communication system as authorized in § 37.2-804.1. Any employee or designee of the local community services board or behavioral health authority, as defined in § 37.2-809, representing the board or authority that prepared the preadmission screening report shall attend the hearing in person or, if physical attendance is not practicable, shall participate in the hearing through a two-way electronic video and audio communication system as authorized in § 37.2-804.1. When the hearing is held outside the service area of the community services board or behavioral health authority that prepared the preadmission screening report, and it is not practicable for a representative of the board or authority to attend or participate in the hearing, arrangements shall be made by the board or authority for an employee or designee of the board or authority serving the area in which the hearing is held to attend or participate on behalf of the board or authority that prepared the preadmission screening report; or","type":"section","prefixes":["A","1"],"prefix":"1","entire_prefix":"A1","prefix_anchor":"A1","level":2,"prior_prefix":"A","next_prefix":"A2"},"2":{"id":266186,"text":"Upon petition by the person having custody over an inmate, a magistrate finds probable cause to believe that (i) the inmate has a mental illness; (ii) there exists a substantial likelihood that, as a result of a mental illness, the inmate will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and any other relevant information or (b) suffer serious harm due to his lack of capacity to protect himself from harm as evidenced by recent behavior and any other relevant information; and (iii) the inmate requires treatment in a hospital rather than a local correctional facility, and the magistrate issues a temporary detention order for the inmate. Prior to the filing of the petition, the person having custody shall arrange for an evaluation of the inmate conducted in-person or by means of a two-way electronic video and audio communication system as authorized in § 37.2-804.1 by an employee or designee of the local community services board or behavioral health authority who is skilled in the assessment and treatment of mental illness and who has completed a certification program approved by the Department as provided in § 37.2-809. After considering the evaluation of the employee or designee of the local community services board or behavioral health authority, and any other information presented, and finding that probable cause exists to meet the criteria, the magistrate may issue a temporary detention order in accordance with the applicable procedures specified in §§ 37.2-809 through 37.2-813. A temporary detention order issued pursuant to this subdivision may be executed by a deputy sheriff or jail officer, as those terms are defined in § 53.1-1, employed at the local correctional facility where the inmate is incarcerated. The person having custody over the inmate shall notify the court having jurisdiction over the inmate’s case, if it is still pending, and the inmate’s attorney prior to the detention pursuant to a temporary detention order or as soon thereafter as is reasonable.\n\t\t\t\tUpon detention pursuant to this subdivision, a hearing shall be held either before the court having jurisdiction over the inmate’s case or before a district court judge or a special justice, as defined in § 37.2-100, in accordance with the provisions of §§ 37.2-815 through 37.2-821, in which case the inmate shall be represented by counsel as specified in § 37.2-814. The hearing shall be held within 72 hours of execution of the temporary detention order issued pursuant to this subdivision. If the 72-hour period terminates on a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed, the inmate may be detained until the close of business on the next day that is not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed. Any employee or designee of the local community services board or behavioral health authority, as defined in § 37.2-809, representing the board or authority that prepared the preadmission screening report shall attend the hearing in person or, if physical attendance is not practicable, shall participate in the hearing through a two-way electronic video and audio communication system as authorized in § 37.2-804.1. When the hearing is held outside the service area of the community services board or behavioral health authority that prepared the preadmission screening report, and it is not practicable for a representative of the board or authority to attend or participate in the hearing, arrangements shall be made by the board or authority for an employee or designee of the board or authority serving the area in which the hearing is held to attend or participate on behalf of the board or authority that prepared the preadmission screening report. The judge or special justice conducting the hearing may order the inmate hospitalized if, after considering the examination conducted in accordance with § 37.2-815, the preadmission screening report prepared in accordance with § 37.2-816, and any other available information as specified in subsection C of § 37.2-817, he finds by clear and convincing evidence that (1) the inmate has a mental illness; (2) there exists a substantial likelihood that, as a result of a mental illness, the inmate will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and any other relevant information or (b) suffer serious harm due to his lack of capacity to protect himself from harm as evidenced by recent behavior and any other relevant information; and (3) the inmate requires treatment in a hospital rather than a local correctional facility. The examiner appointed pursuant to § 37.2-815, if not physically present at the hearing, shall be available whenever possible for questioning during the hearing through a two-way electronic video and audio or telephonic communication system as authorized in § 37.2-804.1. The examination and the preadmission screening report shall be admitted into evidence at the hearing.","type":"section","prefixes":["A","2"],"prefix":"2","entire_prefix":"A2","prefix_anchor":"A2","level":2,"prior_prefix":"A1","next_prefix":"B"},"3":{"id":266187,"text":"In no event shall an inmate have the right to make application for voluntary admission as may be otherwise provided in § 37.2-805 or 37.2-814 or be subject to an order for mandatory outpatient treatment as provided in § 37.2-817.01.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A2","next_prefix":"C"},"4":{"id":266188,"text":"If an inmate is hospitalized pursuant to this section and his criminal case is still pending, the court having jurisdiction over the inmate’s case may order that the admitting hospital evaluate the inmate’s competency to stand trial and his mental state at the time of the offense pursuant to §§ 19.2-169.1 and 19.2-169.5.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"5":{"id":266189,"text":"An inmate may not be hospitalized longer than 30 days under subsection A unless the court which has criminal jurisdiction over him or a district court judge or a special justice, as defined in § 37.2-100, holds a hearing and orders the inmate’s continued hospitalization in accordance with the provisions of subdivision A 2. If the inmate’s hospitalization is continued under this subsection by a court other than the court which has jurisdiction over his criminal case, the facility at which the inmate is hospitalized shall notify the court with jurisdiction over his criminal case and the inmate’s attorney in the criminal case, if the case is still pending.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"6":{"id":266190,"text":"Hospitalization may be extended in accordance with subsection D for periods of 60 days for inmates awaiting trial, but in no event may such hospitalization be continued beyond trial, nor shall such hospitalization act to delay trial, as long as the inmate remains competent to stand trial. Hospitalization may be extended in accordance with subsection D for periods of 180 days for an inmate who has been convicted and not yet sentenced, or for an inmate who has been convicted of a crime and is in the custody of a local correctional facility after sentencing, but in no event may such hospitalization be continued beyond the date upon which his sentence would have expired had he received the maximum sentence for the crime charged. Any inmate who has not completed service of his sentence upon discharge from the hospital shall serve the remainder of his sentence.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"7":{"id":266191,"text":"For any inmate who has been convicted and not yet sentenced, or who has been convicted of a crime and is in the custody of a local correctional facility after sentencing, the time the inmate is confined in a hospital for psychiatric treatment shall be deducted from any term for which he may be sentenced to any penal institution, reformatory or elsewhere.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"8":{"id":266192,"text":"Any health care provider, as defined in § 32.1-127.1:03, or other provider rendering services to an inmate who is the subject of a proceeding under this section, upon request, shall disclose to a magistrate, the court, the inmate’s attorney, the inmate’s guardian ad litem, the examiner appointed pursuant to § 37.2-815, the community service board or behavioral health authority preparing the preadmission screening pursuant to § 37.2-816, or the sheriff or administrator of the local correctional facility any and all information that is necessary and appropriate to enable each of them to perform his duties under this section. These health care providers and other service providers shall disclose to one another health records and information where necessary to provide care and treatment to the inmate and to monitor that care and treatment. Health records disclosed to a sheriff or administrator of the local correctional facility shall be limited to information necessary to protect the sheriff or administrator of the local correctional facility and his employees, the inmate, or the public from physical injury or to address the health care needs of the inmate. Information disclosed to a law-enforcement officer shall not be used for any other purpose, disclosed to others, or retained.\n\t\t\tAny health care provider disclosing records pursuant to this section shall be immune from civil liability for any harm resulting from the disclosure, including any liability under the federal Health Insurance Portability and Accountability Act (42 U.S.C. § 1320d et seq.), as amended, unless the person or provider disclosing such records intended the harm or acted in bad faith.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"9":{"id":266193,"text":"Any order entered where an inmate is the subject of proceedings under this section shall provide for the disclosure of medical records pursuant to subsection G. This subsection shall not preclude any other disclosures as required or permitted by law.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"10":{"id":266194,"text":"If the person having custody over an inmate files a petition pursuant to this section, such person shall ensure that the appropriate community services board or behavioral health authority is advised of the need for a preadmission screening. If the community services board or behavioral health authority does not respond upon being advised of the need for a preadmission screening or fails to complete the preadmission screening, the person having custody over the inmate shall contact the director or other senior management at the community services board or behavioral health authority.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"11":{"id":266195,"text":"As used in this section, “person having custody over an inmate” means the sheriff or other person in charge of the local correctional facility where the inmate is incarcerated at the time of the filing of a petition for the psychiatric treatment of the inmate.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I"}},"ancestry":[{"id":13151,"edition_id":1,"name":"Proceedings on Question of Insanity","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:21","date_modified":"2026-06-26 03:44:21","permalink":{"id":168457,"object_type":"structure","relational_id":13151,"identifier":"11","token":"19.2\/11","url":"\/19.2\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63190,"structure_id":13151,"section_number":"19.2-167","catch_line":"Accused not to be tried while insane or feebleminded","url":"\/19.2-167\/","token":"19.2\/11\/19.2-167","metadata":false},{"id":75846,"structure_id":13151,"section_number":"19.2-168","catch_line":"Notice to Commonwealth of intention to present evidence of insanity; continuance if notice not given","url":"\/19.2-168\/","token":"19.2\/11\/19.2-168","metadata":false},{"id":72794,"structure_id":13151,"section_number":"19.2-168.1","catch_line":"Evaluation on motion of the Commonwealth after notice","url":"\/19.2-168.1\/","token":"19.2\/11\/19.2-168.1","metadata":false},{"id":79422,"structure_id":13151,"section_number":"19.2-169","catch_line":"Repealed","url":"\/19.2-169\/","token":"19.2\/11\/19.2-169","metadata":false},{"id":85695,"structure_id":13151,"section_number":"19.2-169.1","catch_line":"Raising question of competency to stand trial or plead; evaluation and determination of competency","url":"\/19.2-169.1\/","token":"19.2\/11\/19.2-169.1","metadata":false},{"id":66444,"structure_id":13151,"section_number":"19.2-169.2","catch_line":"Disposition when defendant found incompetent","url":"\/19.2-169.2\/","token":"19.2\/11\/19.2-169.2","metadata":false},{"id":80703,"structure_id":13151,"section_number":"19.2-169.3","catch_line":"Disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge","url":"\/19.2-169.3\/","token":"19.2\/11\/19.2-169.3","metadata":false},{"id":65242,"structure_id":13151,"section_number":"19.2-169.3:1","catch_line":"Disposition of the unrestorably incompetent defendant; capital murder charge; inpatient custody of the Commissioner","url":"\/19.2-169.3_1\/","token":"19.2\/11\/19.2-169.3_1","metadata":false},{"id":84474,"structure_id":13151,"section_number":"19.2-169.4","catch_line":"Litigating certain issues when the defendant is incompetent","url":"\/19.2-169.4\/","token":"19.2\/11\/19.2-169.4","metadata":false},{"id":60376,"structure_id":13151,"section_number":"19.2-169.5","catch_line":"Evaluation of sanity at the time of the offense; disclosure of evaluation results","url":"\/19.2-169.5\/","token":"19.2\/11\/19.2-169.5","metadata":false},{"id":74002,"structure_id":13151,"section_number":"19.2-169.6","catch_line":"Inpatient psychiatric hospital admission from local correctional facility","url":"\/19.2-169.6\/","token":"19.2\/11\/19.2-169.6","metadata":false},{"id":64791,"structure_id":13151,"section_number":"19.2-169.7","catch_line":"Disclosure by defendant during evaluation or treatment; use at guilt phase of trial","url":"\/19.2-169.7\/","token":"19.2\/11\/19.2-169.7","metadata":false},{"id":60590,"structure_id":13151,"section_number":"19.2-169.8","catch_line":"Orders for evaluation or treatment; duties of clerk; copies","url":"\/19.2-169.8\/","token":"19.2\/11\/19.2-169.8","metadata":false},{"id":73663,"structure_id":13151,"section_number":"19.2-170","catch_line":"Repealed","url":"\/19.2-170\/","token":"19.2\/11\/19.2-170","metadata":false},{"id":60224,"structure_id":13151,"section_number":"19.2-174.1","catch_line":"Information required prior to admission to a mental health facility","url":"\/19.2-174.1\/","token":"19.2\/11\/19.2-174.1","metadata":false},{"id":59943,"structure_id":13151,"section_number":"19.2-175","catch_line":"Compensation of experts","url":"\/19.2-175\/","token":"19.2\/11\/19.2-175","metadata":false},{"id":78967,"structure_id":13151,"section_number":"19.2-176","catch_line":"Repealed","url":"\/19.2-176\/","token":"19.2\/11\/19.2-176","metadata":false},{"id":73536,"structure_id":13151,"section_number":"19.2-177","catch_line":"Repealed","url":"\/19.2-177\/","token":"19.2\/11\/19.2-177","metadata":false},{"id":59883,"structure_id":13151,"section_number":"19.2-177.1","catch_line":"Repealed","url":"\/19.2-177.1\/","token":"19.2\/11\/19.2-177.1","metadata":false},{"id":86647,"structure_id":13151,"section_number":"19.2-178","catch_line":"Where prisoner kept when no vacancy in facility or hospital","url":"\/19.2-178\/","token":"19.2\/11\/19.2-178","metadata":false},{"id":65369,"structure_id":13151,"section_number":"19.2-179","catch_line":"Repealed","url":"\/19.2-179\/","token":"19.2\/11\/19.2-179","metadata":false},{"id":78799,"structure_id":13151,"section_number":"19.2-180","catch_line":"Sentence or trial of prisoner when restored to sanity","url":"\/19.2-180\/","token":"19.2\/11\/19.2-180","metadata":false},{"id":54174,"structure_id":13151,"section_number":"19.2-181","catch_line":"Repealed","url":"\/19.2-181\/","token":"19.2\/11\/19.2-181","metadata":false},{"id":78634,"structure_id":13151,"section_number":"19.2-182","catch_line":"Representation by counsel in proceeding for commitment","url":"\/19.2-182\/","token":"19.2\/11\/19.2-182","metadata":false},{"id":87165,"structure_id":13151,"section_number":"19.2-182.1","catch_line":"Repealed","url":"\/19.2-182.1\/","token":"19.2\/11\/19.2-182.1","metadata":false}],"previous_section":{"id":60376,"structure_id":13151,"section_number":"19.2-169.5","catch_line":"Evaluation of sanity at the time of the offense; disclosure of evaluation results","url":"\/19.2-169.5\/","token":"19.2\/11\/19.2-169.5","metadata":false},"next_section":{"id":64791,"structure_id":13151,"section_number":"19.2-169.7","catch_line":"Disclosure by defendant during evaluation or treatment; use at guilt phase of trial","url":"\/19.2-169.7\/","token":"19.2\/11\/19.2-169.7","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-169.6\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 653 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 13 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1986, chapter 629; in 1987, chapter 96; in 1990, chapter 76; in 1995, chapter 844<\/a>; in 2005, chapter 716<\/a>; in 2008, chapters 779<\/a>, 782<\/a>, 850<\/a>, and 870<\/a>; in 2010, chapters 340<\/a> and 406<\/a>; in 2012, chapter 801<\/a>; in 2014, chapters 499<\/a>, 538<\/a>, and 691<\/a>; in 2016, chapters 357<\/a> and 599<\/a>; in 2017, chapters 463<\/a>, 468<\/a>, and 605<\/a>; in 2018, chapter 144<\/a>; in 2022, chapter 763<\/a>.<\/p>","references":[{"id":85695,"section_number":"19.2-169.1","catch_line":"Raising question of competency to stand trial or plead; evaluation and determination of competency","order_by":null,"url":"\/19.2-169.1\/"},{"id":60376,"section_number":"19.2-169.5","catch_line":"Evaluation of sanity at the time of the offense; disclosure of evaluation results","order_by":null,"url":"\/19.2-169.5\/"},{"id":64791,"section_number":"19.2-169.7","catch_line":"Disclosure by defendant during evaluation or treatment; use at guilt phase of trial","order_by":null,"url":"\/19.2-169.7\/"},{"id":60590,"section_number":"19.2-169.8","catch_line":"Orders for evaluation or treatment; duties of clerk; copies","order_by":null,"url":"\/19.2-169.8\/"},{"id":60224,"section_number":"19.2-174.1","catch_line":"Information required prior to admission to a mental health facility","order_by":null,"url":"\/19.2-174.1\/"},{"id":86647,"section_number":"19.2-178","catch_line":"Where prisoner kept when no vacancy in facility or hospital","order_by":null,"url":"\/19.2-178\/"},{"id":81089,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","order_by":null,"url":"\/19.2-389\/"},{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":84291,"section_number":"37.2-803","catch_line":"Special justices to perform duties of judge","order_by":null,"url":"\/37.2-803\/"},{"id":86844,"section_number":"37.2-804","catch_line":"Fees and expenses","order_by":null,"url":"\/37.2-804\/"},{"id":70156,"section_number":"37.2-809","catch_line":"(Effective July 1, 2026) Involuntary temporary detention; issuance and execution of order","order_by":null,"url":"\/37.2-809\/"},{"id":68064,"section_number":"37.2-811","catch_line":"Emergency treatment of inmates in the custody of local correctional facilities","order_by":null,"url":"\/37.2-811\/"},{"id":56768,"section_number":"53.1-133.05","catch_line":"Place of hearing on medical or mental health treatment of prisoners incapable of giving consent; fees and expenses","order_by":null,"url":"\/53.1-133.05\/"}],"refers_to":[{"id":85695,"section_number":"19.2-169.1","catch_line":"Raising question of competency to stand trial or plead; evaluation and determination of competency","order_by":null,"url":"\/19.2-169.1\/"},{"id":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":76036,"section_number":"37.2-100","catch_line":"Definitions","order_by":null,"url":"\/37.2-100\/"},{"id":77215,"section_number":"37.2-804.1","catch_line":"Use of electronic communication","order_by":null,"url":"\/37.2-804.1\/"},{"id":85593,"section_number":"37.2-805","catch_line":"(Effective July 1, 2026) Voluntary admission","order_by":null,"url":"\/37.2-805\/"},{"id":70156,"section_number":"37.2-809","catch_line":"(Effective July 1, 2026) Involuntary temporary detention; issuance and execution of order","order_by":null,"url":"\/37.2-809\/"},{"id":69246,"section_number":"37.2-813","catch_line":"(Effective July 1, 2026) Release of person prior to commitment hearing for involuntary admission","order_by":null,"url":"\/37.2-813\/"},{"id":68004,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","order_by":null,"url":"\/37.2-814\/"},{"id":63792,"section_number":"37.2-815","catch_line":"Commitment hearing for involuntary admission; examination required","order_by":null,"url":"\/37.2-815\/"},{"id":83491,"section_number":"37.2-816","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; preadmission screening report","order_by":null,"url":"\/37.2-816\/"},{"id":61292,"section_number":"37.2-817","catch_line":"(Effective July 1, 2026) Involuntary admission","order_by":null,"url":"\/37.2-817\/"},{"id":75804,"section_number":"37.2-821","catch_line":"Appeal of involuntary admission or certification order","order_by":null,"url":"\/37.2-821\/"},{"id":85635,"section_number":"53.1-1","catch_line":"Definitions","order_by":null,"url":"\/53.1-1\/"}],"permalink":{"id":168499,"object_type":"law","relational_id":74002,"identifier":"19.2-169.6","token":"19.2\/11\/19.2-169.6","url":"\/19.2-169.6\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-169.6\/","token":"19.2\/11\/19.2-169.6","dublin_core":{"Title":"Inpatient psychiatric hospital admission from local correctional facility","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-169.6","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any inmate of a local correctional facility may be hospitalized for psychiatric treatment at a hospital designated by the Commissioner of Behavioral Health and Developmental Services as appropriate for treatment of persons under criminal charge if: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The court<\/span> with jurisdiction<\/span> over the inmate’s case, if it is still pending, on the petition<\/span> of the person having custody over an inmate<\/span> or on its own motion<\/span>, holds a hearing<\/span> at which the inmate is represented by counsel<\/span> and finds by clear and convincing evidence<\/span> that (i) the inmate has a mental illness; (ii) there exists a substantial likelihood that, as a result of a mental illness, the inmate will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and any other relevant information or (b) suffer serious harm due to his lack of capacity to protect himself from harm as evidenced by recent behavior and any other relevant information; and (iii) the inmate requires treatment in a hospital rather than the local correctional facility. Prior to making this determination, the court<\/span> shall consider the examination conducted in accordance with § 37.2-815<\/a> and the preadmission screening report prepared in accordance with § 37.2-816<\/a> and conducted in-person or by means of a two-way electronic video and audio communication system as authorized in § 37.2-804.1<\/a> by an employee or designee of the local community services<\/span> board or behavioral health authority who is skilled in the assessment and treatment of mental illness, who is not providing treatment to the inmate, and who has completed a certification program approved by the Department of Behavioral Health and Developmental Services as provided in § 37.2-809<\/a>. The examiner appointed pursuant to § 37.2-815<\/a>, if not physically present at the hearing<\/span>, shall be available whenever possible for questioning during the hearing<\/span> through a two-way electronic video and audio or telephonic communication system as authorized in § 37.2-804.1<\/a>. Any employee or designee of the local community services<\/span> board or behavioral health authority, as defined in § 37.2-809<\/a>, representing the board or authority that prepared the preadmission screening report shall attend the hearing<\/span> in person or, if physical attendance is not practicable, shall participate in the hearing<\/span> through a two-way electronic video and audio communication system as authorized in § 37.2-804.1<\/a>. When the hearing<\/span> is held outside the service area of the community services<\/span> board or behavioral health authority that prepared the preadmission screening report, and it is not practicable for a representative of the board or authority to attend or participate in the hearing<\/span>, arrangements shall be made by the board or authority for an employee or designee of the board or authority serving the area in which the hearing<\/span> is held to attend or participate on behalf of the board or authority that prepared the preadmission screening report; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Upon petition<\/span> by the person having custody over an inmate<\/span>, a magistrate<\/span> finds probable cause<\/span> to believe that (i) the inmate has a mental illness; (ii) there exists a substantial likelihood that, as a result of a mental illness, the inmate will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and any other relevant information or (b) suffer serious harm due to his lack of capacity to protect himself from harm as evidenced by recent behavior and any other relevant information; and (iii) the inmate requires treatment in a hospital rather than a local correctional facility, and the magistrate<\/span> issues<\/span> a temporary detention order<\/span> for the inmate. Prior to the filing of the petition<\/span>, the person having custody shall arrange for an evaluation of the inmate conducted in-person or by means of a two-way electronic video and audio communication system as authorized in § 37.2-804.1<\/a> by an employee or designee of the local community services<\/span> board or behavioral health authority who is skilled in the assessment and treatment of mental illness and who has completed a certification program approved by the Department as provided in § 37.2-809<\/a>. After considering the evaluation of the employee or designee of the local community services<\/span> board or behavioral health authority, and any other information presented, and finding<\/span> that probable cause<\/span> exists to meet the criteria, the magistrate<\/span> may issue<\/span> a temporary detention order<\/span> in accordance with the applicable procedures specified in §§ 37.2-809<\/a> through 37.2-813<\/a>. A temporary detention order<\/span> issued pursuant to this subdivision may be executed by a deputy sheriff or jail officer, as those terms are defined in § 53.1-1<\/a>, employed at the local correctional facility where the inmate is incarcerated. The person having custody over the inmate shall notify the court<\/span> having jurisdiction<\/span> over the inmate’s case, if it is still pending, and the inmate’s attorney prior to the detention pursuant to a temporary detention order<\/span> or as soon thereafter as is reasonable.\n\t\t\t\tUpon detention pursuant to this subdivision, a hearing<\/span> shall be held either before the court<\/span> having jurisdiction<\/span> over the inmate’s case or before a district court<\/span> judge<\/span> or a special justice, as defined in § 37.2-100<\/a>, in accordance with the provisions of §§ 37.2-815<\/a> through 37.2-821<\/a>, in which case the inmate shall be represented by counsel<\/span> as specified in § 37.2-814<\/a>. The hearing<\/span> shall be held within 72 hours of execution of the temporary detention order<\/span> issued pursuant to this subdivision. If the 72-hour period terminates on a Saturday, Sunday, legal holiday, or day on which the court<\/span> is lawfully closed, the inmate may be detained until the close of business on the next day that is not a Saturday, Sunday, legal holiday, or day on which the court<\/span> is lawfully closed. Any employee or designee of the local community services<\/span> board or behavioral health authority, as defined in § 37.2-809<\/a>, representing the board or authority that prepared the preadmission screening report shall attend the hearing<\/span> in person or, if physical attendance is not practicable, shall participate in the hearing<\/span> through a two-way electronic video and audio communication system as authorized in § 37.2-804.1<\/a>. When the hearing<\/span> is held outside the service area of the community services<\/span> board or behavioral health authority that prepared the preadmission screening report, and it is not practicable for a representative of the board or authority to attend or participate in the hearing<\/span>, arrangements shall be made by the board or authority for an employee or designee of the board or authority serving the area in which the hearing<\/span> is held to attend or participate on behalf of the board or authority that prepared the preadmission screening report. The judge<\/span> or special justice conducting the hearing<\/span> may order<\/span> the inmate hospitalized if, after considering the examination conducted in accordance with § 37.2-815<\/a>, the preadmission screening report prepared in accordance with § 37.2-816<\/a>, and any other available information as specified in subsection C of § 37.2-817<\/a>, he finds by clear and convincing evidence<\/span> that (1) the inmate has a mental illness; (2) there exists a substantial likelihood that, as a result of a mental illness, the inmate will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and any other relevant information or (b) suffer serious harm due to his lack of capacity to protect himself from harm as evidenced by recent behavior and any other relevant information; and (3) the inmate requires treatment in a hospital rather than a local correctional facility. The examiner appointed pursuant to § 37.2-815<\/a>, if not physically present at the hearing<\/span>, shall be available whenever possible for questioning during the hearing<\/span> through a two-way electronic video and audio or telephonic communication system as authorized in § 37.2-804.1<\/a>. The examination and the preadmission screening report shall be admitted into evidence<\/span> at the hearing<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> In no event shall an inmate have the right to make application for voluntary admission as may be otherwise provided in § 37.2-805<\/a> or 37.2-814<\/a> or be subject to an order<\/span> for mandatory outpatient treatment as provided in § 37.2-817.01<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If an inmate is hospitalized pursuant to this section and his criminal case is still pending, the court<\/span> having jurisdiction<\/span> over the inmate’s case may order<\/span> that the admitting hospital evaluate the inmate’s competency to stand trial<\/span> and his mental state at the time of the offense<\/span> pursuant to §§ 19.2-169.1<\/a> and 19.2-169.5<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> An inmate may not be hospitalized longer than 30 days under subsection A unless the court<\/span> which has criminal jurisdiction<\/span> over him or a district court<\/span> judge<\/span> or a special justice, as defined in § 37.2-100<\/a>, holds a hearing<\/span> and orders<\/span> the inmate’s continued hospitalization in accordance with the provisions of subdivision A 2. If the inmate’s hospitalization is continued under this subsection by a court<\/span> other than the court<\/span> which has jurisdiction<\/span> over his criminal case, the facility at which the inmate is hospitalized shall notify the court<\/span> with jurisdiction<\/span> over his criminal case and the inmate’s attorney in the criminal case, if the case is still pending. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Hospitalization may be extended in accordance with subsection D for periods of 60 days for inmates awaiting trial<\/span>, but in no event may such hospitalization be continued beyond trial<\/span>, nor shall such hospitalization act to delay trial<\/span>, as long as the inmate remains competent to stand trial<\/span>. Hospitalization may be extended in accordance with subsection D for periods of 180 days for an inmate who has been convicted and not yet sentenced, or for an inmate who has been convicted of a crime<\/span> and is in the custody of a local correctional facility after sentencing, but in no event may such hospitalization be continued beyond the date upon which his sentence would have expired had he received the maximum sentence for the crime<\/span> charged. Any inmate who has not completed service of his sentence upon discharge from the hospital shall serve the remainder of his sentence. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> For any inmate who has been convicted and not yet sentenced, or who has been convicted of a crime<\/span> and is in the custody of a local correctional facility after sentencing, the time the inmate is confined in a hospital for psychiatric treatment shall be deducted from any term for which he may be sentenced to any penal institution, reformatory or elsewhere. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Any health care provider, as defined in § 32.1-127.1:03<\/a>, or other provider rendering services to an inmate who is the subject of a proceeding under this section, upon request, shall disclose to a magistrate<\/span>, the court<\/span>, the inmate’s attorney, the inmate’s guardian ad litem<\/span>, the examiner appointed pursuant to § 37.2-815<\/a>, the community service<\/span> board or behavioral health authority preparing the preadmission screening pursuant to § 37.2-816<\/a>, or the sheriff or administrator of the local correctional facility any and all information that is necessary and appropriate to enable each of them to perform his duties under this section. These health care providers and other service providers shall disclose to one another health records and information where necessary to provide care and treatment to the inmate and to monitor that care and treatment. Health records disclosed to a sheriff or administrator of the local correctional facility shall be limited to information necessary to protect the sheriff or administrator of the local correctional facility and his employees, the inmate, or the public from physical injury or to address the health care needs of the inmate. Information disclosed to a law<\/span>-enforcement officer shall not be used for any other purpose, disclosed to others, or retained.\n\t\t\tAny health care provider disclosing records pursuant to this section shall be immune from civil liability for any harm resulting from the disclosure, including any liability under the federal Health Insurance Portability and Accountability Act (42 U.S.C. § 1320d et seq.), as amended, unless the person or provider disclosing such records intended the harm or acted in bad faith. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any order<\/span> entered where an inmate is the subject of proceedings under this section shall provide for the disclosure of medical records pursuant to subsection G. This subsection shall not preclude any other disclosures as required or permitted by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> If the person having custody over an inmate<\/span> files a petition<\/span> pursuant to this section, such person shall ensure that the appropriate community services<\/span> board or behavioral health authority is advised of the need for a preadmission screening. If the community services<\/span> board or behavioral health authority does not respond upon being advised of the need for a preadmission screening or fails to complete the preadmission screening, the person having custody over the inmate shall contact the director or other senior management at the community services<\/span> board or behavioral health authority. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> As used in this section, “person having custody over an inmate<\/span>” means the sheriff or other person in charge of the local correctional facility where the inmate is incarcerated at the time of the filing of a petition<\/span> for the psychiatric treatment of the inmate. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINPATIENT PSYCHIATRIC HOSPITAL ADMISSION FROM LOCAL CORRECTIONAL FACILITY (\u00a7\n19.2-169.6)\n\nA. Any inmate of a local correctional facility may be hospitalized for\npsychiatric treatment at a hospital designated by the Commissioner of Behavioral\nHealth and Developmental Services as appropriate for treatment of persons under\ncriminal charge if:\n\n 1. The court with jurisdiction over the inmate’s case, if it is still\n pending, on the petition of the person having custody over an inmate or on its\n own motion, holds a hearing at which the inmate is represented by counsel and\n finds by clear and convincing evidence that (i) the inmate has a mental\n illness; (ii) there exists a substantial likelihood that, as a result of a\n mental illness, the inmate will, in the near future, (a) cause serious\n physical harm to himself or others as evidenced by recent behavior causing,\n attempting, or threatening harm and any other relevant information or (b)\n suffer serious harm due to his lack of capacity to protect himself from harm\n as evidenced by recent behavior and any other relevant information; and (iii)\n the inmate requires treatment in a hospital rather than the local correctional\n facility. Prior to making this determination, the court shall consider the\n examination conducted in accordance with § 37.2-815 and the preadmission\n screening report prepared in accordance with § 37.2-816 and conducted\n in-person or by means of a two-way electronic video and audio communication\n system as authorized in § 37.2-804.1 by an employee or designee of the\n local community services board or behavioral health authority who is skilled\n in the assessment and treatment of mental illness, who is not providing\n treatment to the inmate, and who has completed a certification program\n approved by the Department of Behavioral Health and Developmental Services as\n provided in § 37.2-809. The examiner appointed pursuant to §\n 37.2-815, if not physically present at the hearing, shall be available\n whenever possible for questioning during the hearing through a two-way\n electronic video and audio or telephonic communication system as authorized in\n § 37.2-804.1. Any employee or designee of the local community services\n board or behavioral health authority, as defined in § 37.2-809,\n representing the board or authority that prepared the preadmission screening\n report shall attend the hearing in person or, if physical attendance is not\n practicable, shall participate in the hearing through a two-way electronic\n video and audio communication system as authorized in § 37.2-804.1. When\n the hearing is held outside the service area of the community services board\n or behavioral health authority that prepared the preadmission screening\n report, and it is not practicable for a representative of the board or\n authority to attend or participate in the hearing, arrangements shall be made\n by the board or authority for an employee or designee of the board or\n authority serving the area in which the hearing is held to attend or\n participate on behalf of the board or authority that prepared the preadmission\n screening report; or\n\n 2. Upon petition by the person having custody over an inmate, a magistrate\n finds probable cause to believe that (i) the inmate has a mental illness; (ii)\n there exists a substantial likelihood that, as a result of a mental illness,\n the inmate will, in the near future, (a) cause serious physical harm to\n himself or others as evidenced by recent behavior causing, attempting, or\n threatening harm and any other relevant information or (b) suffer serious harm\n due to his lack of capacity to protect himself from harm as evidenced by\n recent behavior and any other relevant information; and (iii) the inmate\n requires treatment in a hospital rather than a local correctional facility,\n and the magistrate issues a temporary detention order for the inmate. Prior to\n the filing of the petition, the person having custody shall arrange for an\n evaluation of the inmate conducted in-person or by means of a two-way\n electronic video and audio communication system as authorized in §\n 37.2-804.1 by an employee or designee of the local community services board or\n behavioral health authority who is skilled in the assessment and treatment of\n mental illness and who has completed a certification program approved by the\n Department as provided in § 37.2-809. After considering the evaluation of\n the employee or designee of the local community services board or behavioral\n health authority, and any other information presented, and finding that\n probable cause exists to meet the criteria, the magistrate may issue a\n temporary detention order in accordance with the applicable procedures\n specified in §§ 37.2-809 through 37.2-813. A temporary detention\n order issued pursuant to this subdivision may be executed by a deputy sheriff\n or jail officer, as those terms are defined in § 53.1-1, employed at the\n local correctional facility where the inmate is incarcerated. The person\n having custody over the inmate shall notify the court having jurisdiction over\n the inmate’s case, if it is still pending, and the inmate’s\n attorney prior to the detention pursuant to a temporary detention order or as\n soon thereafter as is reasonable.\n \t\t\t\tUpon detention pursuant to this subdivision, a hearing shall be held\n either before the court having jurisdiction over the inmate’s case or\n before a district court judge or a special justice, as defined in §\n 37.2-100, in accordance with the provisions of §§ 37.2-815 through\n 37.2-821, in which case the inmate shall be represented by counsel as\n specified in § 37.2-814. The hearing shall be held within 72 hours of\n execution of the temporary detention order issued pursuant to this\n subdivision. If the 72-hour period terminates on a Saturday, Sunday, legal\n holiday, or day on which the court is lawfully closed, the inmate may be\n detained until the close of business on the next day that is not a Saturday,\n Sunday, legal holiday, or day on which the court is lawfully closed. Any\n employee or designee of the local community services board or behavioral\n health authority, as defined in § 37.2-809, representing the board or\n authority that prepared the preadmission screening report shall attend the\n hearing in person or, if physical attendance is not practicable, shall\n participate in the hearing through a two-way electronic video and audio\n communication system as authorized in § 37.2-804.1. When the hearing is\n held outside the service area of the community services board or behavioral\n health authority that prepared the preadmission screening report, and it is\n not practicable for a representative of the board or authority to attend or\n participate in the hearing, arrangements shall be made by the board or\n authority for an employee or designee of the board or authority serving the\n area in which the hearing is held to attend or participate on behalf of the\n board or authority that prepared the preadmission screening report. The judge\n or special justice conducting the hearing may order the inmate hospitalized\n if, after considering the examination conducted in accordance with §\n 37.2-815, the preadmission screening report prepared in accordance with §\n 37.2-816, and any other available information as specified in subsection C of\n § 37.2-817, he finds by clear and convincing evidence that (1) the inmate\n has a mental illness; (2) there exists a substantial likelihood that, as a\n result of a mental illness, the inmate will, in the near future, (a) cause\n serious physical harm to himself or others as evidenced by recent behavior\n causing, attempting, or threatening harm and any other relevant information or\n (b) suffer serious harm due to his lack of capacity to protect himself from\n harm as evidenced by recent behavior and any other relevant information; and\n (3) the inmate requires treatment in a hospital rather than a local\n correctional facility. The examiner appointed pursuant to § 37.2-815, if\n not physically present at the hearing, shall be available whenever possible\n for questioning during the hearing through a two-way electronic video and\n audio or telephonic communication system as authorized in § 37.2-804.1.\n The examination and the preadmission screening report shall be admitted into\n evidence at the hearing.\n\nB. In no event shall an inmate have the right to make application for voluntary\nadmission as may be otherwise provided in § 37.2-805 or 37.2-814 or be\nsubject to an order for mandatory outpatient treatment as provided in §\n37.2-817.01.\n\nC. If an inmate is hospitalized pursuant to this section and his criminal case\nis still pending, the court having jurisdiction over the inmate’s case may\norder that the admitting hospital evaluate the inmate’s competency to\nstand trial and his mental state at the time of the offense pursuant to\n§§ 19.2-169.1 and 19.2-169.5.\n\nD. An inmate may not be hospitalized longer than 30 days under subsection A\nunless the court which has criminal jurisdiction over him or a district court\njudge or a special justice, as defined in § 37.2-100, holds a hearing and\norders the inmate’s continued hospitalization in accordance with the\nprovisions of subdivision A 2. If the inmate’s hospitalization is\ncontinued under this subsection by a court other than the court which has\njurisdiction over his criminal case, the facility at which the inmate is\nhospitalized shall notify the court with jurisdiction over his criminal case and\nthe inmate’s attorney in the criminal case, if the case is still pending.\n\nE. Hospitalization may be extended in accordance with subsection D for periods\nof 60 days for inmates awaiting trial, but in no event may such hospitalization\nbe continued beyond trial, nor shall such hospitalization act to delay trial, as\nlong as the inmate remains competent to stand trial. Hospitalization may be\nextended in accordance with subsection D for periods of 180 days for an inmate\nwho has been convicted and not yet sentenced, or for an inmate who has been\nconvicted of a crime and is in the custody of a local correctional facility\nafter sentencing, but in no event may such hospitalization be continued beyond\nthe date upon which his sentence would have expired had he received the maximum\nsentence for the crime charged. Any inmate who has not completed service of his\nsentence upon discharge from the hospital shall serve the remainder of his\nsentence.\n\nF. For any inmate who has been convicted and not yet sentenced, or who has been\nconvicted of a crime and is in the custody of a local correctional facility\nafter sentencing, the time the inmate is confined in a hospital for psychiatric\ntreatment shall be deducted from any term for which he may be sentenced to any\npenal institution, reformatory or elsewhere.\n\nG. Any health care provider, as defined in § 32.1-127.1:03, or other\nprovider rendering services to an inmate who is the subject of a proceeding\nunder this section, upon request, shall disclose to a magistrate, the court, the\ninmate’s attorney, the inmate’s guardian ad litem, the examiner\nappointed pursuant to § 37.2-815, the community service board or behavioral\nhealth authority preparing the preadmission screening pursuant to §\n37.2-816, or the sheriff or administrator of the local correctional facility any\nand all information that is necessary and appropriate to enable each of them to\nperform his duties under this section. These health care providers and other\nservice providers shall disclose to one another health records and information\nwhere necessary to provide care and treatment to the inmate and to monitor that\ncare and treatment. Health records disclosed to a sheriff or administrator of\nthe local correctional facility shall be limited to information necessary to\nprotect the sheriff or administrator of the local correctional facility and his\nemployees, the inmate, or the public from physical injury or to address the\nhealth care needs of the inmate. Information disclosed to a law-enforcement\nofficer shall not be used for any other purpose, disclosed to others, or\nretained.\n\t\t\tAny health care provider disclosing records pursuant to this section shall be\nimmune from civil liability for any harm resulting from the disclosure,\nincluding any liability under the federal Health Insurance Portability and\nAccountability Act (42 U.S.C. § 1320d et seq.), as amended, unless the\nperson or provider disclosing such records intended the harm or acted in bad\nfaith.\n\nH. Any order entered where an inmate is the subject of proceedings under this\nsection shall provide for the disclosure of medical records pursuant to\nsubsection G. This subsection shall not preclude any other disclosures as\nrequired or permitted by law.\n\nI. If the person having custody over an inmate files a petition pursuant to this\nsection, such person shall ensure that the appropriate community services board\nor behavioral health authority is advised of the need for a preadmission\nscreening. If the community services board or behavioral health authority does\nnot respond upon being advised of the need for a preadmission screening or fails\nto complete the preadmission screening, the person having custody over the\ninmate shall contact the director or other senior management at the community\nservices board or behavioral health authority.\n\nJ. As used in this section, “person having custody over an inmate”\nmeans the sheriff or other person in charge of the local correctional facility\nwhere the inmate is incarcerated at the time of the filing of a petition for the\npsychiatric treatment of the inmate.\n\nHISTORY: 1982, c. 653; 1986, c. 629; 1987, c. 96; 1990, c. 76; 1995, c. 844;\n2005, c. 716; 2008, cc. 779, 782, 850, 870; 2010, cc. 340, 406; 2012, c. 801;\n2014, cc. 499, 538, 691; 2016, cc. 357, 599; 2017, cc. 463, 468, 605; 2018, c.\n144; 2022, c. 763.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}