{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-182.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-182.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-182.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-182.3.html"}],"law_id":57647,"edition_id":1,"section_id":57647,"structure_id":13903,"section_number":"19.2-182.3","catch_line":"Commitment; civil proceedings","history":"1991, c. 427; 1993, c. 295; 2005, c. 716; 2012, cc. 476, 507; 2018, c. 768.","full_text":"Upon receipt of the evaluation report and, if applicable, a conditional release or discharge plan, the court shall schedule the matter for hearing on an expedited basis, giving the matter priority over other civil matters before the court, to determine the appropriate disposition of the acquittee. Except as otherwise ordered by the court, the attorney who represented the defendant at the criminal proceedings shall represent the acquittee through the proceedings pursuant to this section. The matter may be continued on motion of either party for good cause shown. The acquittee shall be provided with adequate notice of the hearing, of the right to be present at the hearing, the right to the assistance of counsel in preparation for and during the hearing, and the right to introduce evidence and cross-examine witnesses at the hearing. The hearing is a civil proceeding.\n\t\tAt the conclusion of the hearing, the court shall commit the acquittee if it finds that he has mental illness or intellectual disability and is in need of inpatient hospitalization. For the purposes of this chapter, mental illness includes any mental illness, as defined in \u00a7 37.2-100, in a state of remission when the illness may, with reasonable probability, become active. The decision of the court shall be based upon consideration of the following factors:\n\n1\n\nTo what extent the acquittee has mental illness or intellectual disability, as those terms are defined in § 37.2-100;2\n\nThe likelihood that the acquittee will engage in conduct presenting a substantial risk of bodily harm to other persons or to himself in the foreseeable future;3\n\nThe likelihood that the acquittee can be adequately controlled with supervision and treatment on an outpatient basis; and4\n\nSuch other factors as the court deems relevant.\n\t\t\tIf the court determines that an acquittee does not need inpatient hospitalization solely because of treatment or habilitation he is currently receiving, but the court is not persuaded that the acquittee will continue to receive such treatment or habilitation, it may commit him for inpatient hospitalization. The court shall order the acquittee released with conditions pursuant to §§ 19.2-182.7, 19.2-182.8, and 19.2-182.9 if it finds that he is not in need of inpatient hospitalization but that he meets the criteria for conditional release set forth in § 19.2-182.7. If the court finds that the acquittee does not need inpatient hospitalization nor does he meet the criteria for conditional release, it shall release him without conditions, provided the court has approved a discharge plan prepared by the appropriate community services board or behavioral health authority in consultation with the appropriate hospital staff.\n\t\t\tThe court shall order that any person acquitted by reason of insanity and committed pursuant to this section who is sentenced to a term of incarceration for any other offense in the same proceeding or in any proceeding conducted prior to the proceeding in which the person is acquitted by reason of insanity complete any sentence imposed for such other offense prior to being placed in the custody of the Commissioner of Behavioral Health and Developmental Services until released from commitment pursuant to this chapter. The court shall order that any person acquitted by reason of insanity and committed pursuant to this section who is sentenced to a term of incarceration in any proceeding conducted during the period of commitment be transferred to the custody of the correctional facility where he is to serve his sentence, and, upon completion of his sentence, such person shall be placed in the custody of the Commissioner of Behavioral Health and Developmental Services until released from commitment pursuant to this chapter.","order_by":null,"text":{"0":{"id":211206,"text":"Upon receipt of the evaluation report and, if applicable, a conditional release or discharge plan, the court shall schedule the matter for hearing on an expedited basis, giving the matter priority over other civil matters before the court, to determine the appropriate disposition of the acquittee. Except as otherwise ordered by the court, the attorney who represented the defendant at the criminal proceedings shall represent the acquittee through the proceedings pursuant to this section. The matter may be continued on motion of either party for good cause shown. The acquittee shall be provided with adequate notice of the hearing, of the right to be present at the hearing, the right to the assistance of counsel in preparation for and during the hearing, and the right to introduce evidence and cross-examine witnesses at the hearing. The hearing is a civil proceeding.\n\t\tAt the conclusion of the hearing, the court shall commit the acquittee if it finds that he has mental illness or intellectual disability and is in need of inpatient hospitalization. For the purposes of this chapter, mental illness includes any mental illness, as defined in \u00a7 37.2-100, in a state of remission when the illness may, with reasonable probability, become active. The decision of the court shall be based upon consideration of the following factors:","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":"1"},"1":{"id":211207,"text":"To what extent the acquittee has mental illness or intellectual disability, as those terms are defined in § 37.2-100;","type":"section","prefixes":["1"],"prefix":"1","entire_prefix":"1","prefix_anchor":"1","level":1,"prior_prefix":"","next_prefix":"2"},"2":{"id":211208,"text":"The likelihood that the acquittee will engage in conduct presenting a substantial risk of bodily harm to other persons or to himself in the foreseeable future;","type":"section","prefixes":["2"],"prefix":"2","entire_prefix":"2","prefix_anchor":"2","level":1,"prior_prefix":"1","next_prefix":"3"},"3":{"id":211209,"text":"The likelihood that the acquittee can be adequately controlled with supervision and treatment on an outpatient basis; and","type":"section","prefixes":["3"],"prefix":"3","entire_prefix":"3","prefix_anchor":"3","level":1,"prior_prefix":"2","next_prefix":"4"},"4":{"id":211210,"text":"Such other factors as the court deems relevant.\n\t\t\tIf the court determines that an acquittee does not need inpatient hospitalization solely because of treatment or habilitation he is currently receiving, but the court is not persuaded that the acquittee will continue to receive such treatment or habilitation, it may commit him for inpatient hospitalization. The court shall order the acquittee released with conditions pursuant to §§ 19.2-182.7, 19.2-182.8, and 19.2-182.9 if it finds that he is not in need of inpatient hospitalization but that he meets the criteria for conditional release set forth in § 19.2-182.7. If the court finds that the acquittee does not need inpatient hospitalization nor does he meet the criteria for conditional release, it shall release him without conditions, provided the court has approved a discharge plan prepared by the appropriate community services board or behavioral health authority in consultation with the appropriate hospital staff.\n\t\t\tThe court shall order that any person acquitted by reason of insanity and committed pursuant to this section who is sentenced to a term of incarceration for any other offense in the same proceeding or in any proceeding conducted prior to the proceeding in which the person is acquitted by reason of insanity complete any sentence imposed for such other offense prior to being placed in the custody of the Commissioner of Behavioral Health and Developmental Services until released from commitment pursuant to this chapter. The court shall order that any person acquitted by reason of insanity and committed pursuant to this section who is sentenced to a term of incarceration in any proceeding conducted during the period of commitment be transferred to the custody of the correctional facility where he is to serve his sentence, and, upon completion of his sentence, such person shall be placed in the custody of the Commissioner of Behavioral Health and Developmental Services until released from commitment pursuant to this chapter.","type":"section","prefixes":["4"],"prefix":"4","entire_prefix":"4","prefix_anchor":"4","level":1,"prior_prefix":"3"}},"ancestry":[{"id":13903,"edition_id":1,"name":"Disposition of Persons Acquitted by Reason of Insanity","identifier":"11.1","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":168559,"object_type":"structure","relational_id":13903,"identifier":"11.1","token":"19.2\/11.1","url":"\/19.2\/11.1\/","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":79745,"structure_id":13903,"section_number":"19.2-182.10","catch_line":"Release of person whose conditional release was revoked","url":"\/19.2-182.10\/","token":"19.2\/11.1\/19.2-182.10","metadata":false},{"id":79141,"structure_id":13903,"section_number":"19.2-182.11","catch_line":"Modification or removal of conditions; notice; objections; review","url":"\/19.2-182.11\/","token":"19.2\/11.1\/19.2-182.11","metadata":false},{"id":84227,"structure_id":13903,"section_number":"19.2-182.12","catch_line":"Representation of Commonwealth and acquittee","url":"\/19.2-182.12\/","token":"19.2\/11.1\/19.2-182.12","metadata":false},{"id":71242,"structure_id":13903,"section_number":"19.2-182.13","catch_line":"Authority of Commissioner; delegation to board; liability","url":"\/19.2-182.13\/","token":"19.2\/11.1\/19.2-182.13","metadata":false},{"id":58494,"structure_id":13903,"section_number":"19.2-182.14","catch_line":"Escape of persons placed or committed; penalty","url":"\/19.2-182.14\/","token":"19.2\/11.1\/19.2-182.14","metadata":false},{"id":66021,"structure_id":13903,"section_number":"19.2-182.15","catch_line":"Escape of persons placed on conditional release; penalty","url":"\/19.2-182.15\/","token":"19.2\/11.1\/19.2-182.15","metadata":false},{"id":60989,"structure_id":13903,"section_number":"19.2-182.16","catch_line":"Copies of orders to Commissioner","url":"\/19.2-182.16\/","token":"19.2\/11.1\/19.2-182.16","metadata":false},{"id":66912,"structure_id":13903,"section_number":"19.2-182.2","catch_line":"Verdict of acquittal by reason of insanity to state the fact; temporary custody and evaluation","url":"\/19.2-182.2\/","token":"19.2\/11.1\/19.2-182.2","metadata":false},{"id":57647,"structure_id":13903,"section_number":"19.2-182.3","catch_line":"Commitment; civil proceedings","url":"\/19.2-182.3\/","token":"19.2\/11.1\/19.2-182.3","metadata":false},{"id":54942,"structure_id":13903,"section_number":"19.2-182.4","catch_line":"Confinement and treatment; interfacility transfers; out-of-hospital visits; notice of change in treatment","url":"\/19.2-182.4\/","token":"19.2\/11.1\/19.2-182.4","metadata":false},{"id":76399,"structure_id":13903,"section_number":"19.2-182.5","catch_line":"Review of continuation of confinement hearing; procedure and reports; disposition","url":"\/19.2-182.5\/","token":"19.2\/11.1\/19.2-182.5","metadata":false},{"id":83002,"structure_id":13903,"section_number":"19.2-182.6","catch_line":"Petition for release; conditional release hearing; notice; disposition","url":"\/19.2-182.6\/","token":"19.2\/11.1\/19.2-182.6","metadata":false},{"id":65916,"structure_id":13903,"section_number":"19.2-182.7","catch_line":"Conditional release; criteria; conditions; reports","url":"\/19.2-182.7\/","token":"19.2\/11.1\/19.2-182.7","metadata":false},{"id":64428,"structure_id":13903,"section_number":"19.2-182.8","catch_line":"Revocation of conditional release","url":"\/19.2-182.8\/","token":"19.2\/11.1\/19.2-182.8","metadata":false},{"id":55068,"structure_id":13903,"section_number":"19.2-182.9","catch_line":"Emergency custody of conditionally released acquittee","url":"\/19.2-182.9\/","token":"19.2\/11.1\/19.2-182.9","metadata":false}],"previous_section":{"id":66912,"structure_id":13903,"section_number":"19.2-182.2","catch_line":"Verdict of acquittal by reason of insanity to state the fact; temporary custody and evaluation","url":"\/19.2-182.2\/","token":"19.2\/11.1\/19.2-182.2","metadata":false},"next_section":{"id":54942,"structure_id":13903,"section_number":"19.2-182.4","catch_line":"Confinement and treatment; interfacility transfers; out-of-hospital visits; notice of change in treatment","url":"\/19.2-182.4\/","token":"19.2\/11.1\/19.2-182.4","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-182.3\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 427 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 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 4 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 1993, chapter 295; in 2005, chapter 716<\/a>; in 2012, chapters 476<\/a> and 507<\/a>; in 2018, chapter 768<\/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":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":58494,"section_number":"19.2-182.14","catch_line":"Escape of persons placed or committed; penalty","order_by":null,"url":"\/19.2-182.14\/"},{"id":66912,"section_number":"19.2-182.2","catch_line":"Verdict of acquittal by reason of insanity to state the fact; temporary custody and evaluation","order_by":null,"url":"\/19.2-182.2\/"},{"id":83002,"section_number":"19.2-182.6","catch_line":"Petition for release; conditional release hearing; notice; disposition","order_by":null,"url":"\/19.2-182.6\/"},{"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\/"}],"refers_to":[{"id":65916,"section_number":"19.2-182.7","catch_line":"Conditional release; criteria; conditions; reports","order_by":null,"url":"\/19.2-182.7\/"},{"id":64428,"section_number":"19.2-182.8","catch_line":"Revocation of conditional release","order_by":null,"url":"\/19.2-182.8\/"},{"id":55068,"section_number":"19.2-182.9","catch_line":"Emergency custody of conditionally released acquittee","order_by":null,"url":"\/19.2-182.9\/"},{"id":76036,"section_number":"37.2-100","catch_line":"Definitions","order_by":null,"url":"\/37.2-100\/"}],"permalink":{"id":168593,"object_type":"law","relational_id":57647,"identifier":"19.2-182.3","token":"19.2\/11.1\/19.2-182.3","url":"\/19.2-182.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-182.3\/","token":"19.2\/11.1\/19.2-182.3","dublin_core":{"Title":"Commitment; civil proceedings","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-182.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Upon receipt of the evaluation report and, if applicable, a conditional release or discharge plan, the court<\/span> shall schedule the matter for hearing<\/span> on an expedited basis, giving the matter priority over other civil matters before the court<\/span>, to determine the appropriate disposition<\/span> of the acquittee. Except as otherwise ordered by the court<\/span>, the attorney who represented the defendant<\/span> at the criminal proceedings shall represent the acquittee through the proceedings pursuant to this section. The matter may be continued on motion<\/span> of either party<\/span> for good cause shown. The acquittee shall be provided with adequate notice of the hearing<\/span>, of the right to be present at the hearing<\/span>, the right to the assistance of counsel<\/span> in preparation for and during the hearing<\/span>, and the right to introduce evidence<\/span> and cross-examine witnesses at the hearing<\/span>. The hearing<\/span> is a civil proceeding.\n\t\tAt the conclusion of the hearing<\/span>, the court<\/span> shall commit the acquittee if it finds that he has mental illness or intellectual disability and is in need of inpatient hospitalization. For the purposes of this chapter, mental illness includes any mental illness, as defined in \u00a7 37.2-100<\/a>, in a state of remission when the illness may, with reasonable probability, become active. The decision of the court<\/span> shall be based upon consideration of the following factors:<\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> To what extent the acquittee has mental illness or intellectual disability, as those terms are defined in § 37.2-100<\/a>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The likelihood that the acquittee will engage in conduct presenting a substantial risk of bodily harm to other persons or to himself in the foreseeable future; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The likelihood that the acquittee can be adequately controlled with supervision and treatment on an outpatient basis; and <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> Such other factors as the court<\/span> deems relevant.\n\t\t\tIf the court<\/span> determines that an acquittee does not need inpatient hospitalization solely because of treatment or habilitation he is currently receiving, but the court<\/span> is not persuaded that the acquittee will continue to receive such treatment or habilitation, it may commit him for inpatient hospitalization. The court<\/span> shall order<\/span> the acquittee released with conditions pursuant to §§ 19.2-182.7<\/a>, 19.2-182.8<\/a>, and 19.2-182.9<\/a> if it finds that he is not in need of inpatient hospitalization but that he meets the criteria for conditional release set forth in § 19.2-182.7<\/a>. If the court<\/span> finds that the acquittee does not need inpatient hospitalization nor does he meet the criteria for conditional release, it shall release him without conditions, provided the court<\/span> has approved a discharge plan prepared by the appropriate community services<\/span> board or behavioral health authority in consultation with the appropriate hospital staff.\n\t\t\tThe court<\/span> shall order<\/span> that any person acquitted by reason of insanity<\/span> and committed pursuant to this section who is sentenced to a term of incarceration for any other offense<\/span> in the same proceeding or in any proceeding conducted prior to the proceeding in which the person is acquitted by reason of insanity<\/span> complete any sentence imposed for such other offense<\/span> prior to being placed in the custody<\/span> of the Commissioner of Behavioral Health and Developmental Services until released from commitment pursuant to this chapter. The court<\/span> shall order<\/span> that any person acquitted by reason of insanity<\/span> and committed pursuant to this section who is sentenced to a term of incarceration in any proceeding conducted during the period of commitment be transferred to the custody<\/span> of the correctional facility where he is to serve his sentence, and, upon completion of his sentence, such person shall be placed in the custody<\/span> of the Commissioner of Behavioral Health and Developmental Services until released from commitment pursuant to this chapter. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMMITMENT; CIVIL PROCEEDINGS (\u00a7 19.2-182.3)\n\nUpon receipt of the evaluation report and, if applicable, a conditional release\nor discharge plan, the court shall schedule the matter for hearing on an\nexpedited basis, giving the matter priority over other civil matters before the\ncourt, to determine the appropriate disposition of the acquittee. Except as\notherwise ordered by the court, the attorney who represented the defendant at\nthe criminal proceedings shall represent the acquittee through the proceedings\npursuant to this section. The matter may be continued on motion of either party\nfor good cause shown. The acquittee shall be provided with adequate notice of\nthe hearing, of the right to be present at the hearing, the right to the\nassistance of counsel in preparation for and during the hearing, and the right\nto introduce evidence and cross-examine witnesses at the hearing. The hearing is\na civil proceeding.\n\t\tAt the conclusion of the hearing, the court shall commit the acquittee if it\nfinds that he has mental illness or intellectual disability and is in need of\ninpatient hospitalization. For the purposes of this chapter, mental illness\nincludes any mental illness, as defined in \u00a7 37.2-100, in a state of remission\nwhen the illness may, with reasonable probability, become active. The decision\nof the court shall be based upon consideration of the following factors:\n\n1. To what extent the acquittee has mental illness or intellectual disability,\nas those terms are defined in § 37.2-100;\n\n2. The likelihood that the acquittee will engage in conduct presenting a\nsubstantial risk of bodily harm to other persons or to himself in the\nforeseeable future;\n\n3. The likelihood that the acquittee can be adequately controlled with\nsupervision and treatment on an outpatient basis; and\n\n4. Such other factors as the court deems relevant.\n\t\t\tIf the court determines that an acquittee does not need inpatient\nhospitalization solely because of treatment or habilitation he is currently\nreceiving, but the court is not persuaded that the acquittee will continue to\nreceive such treatment or habilitation, it may commit him for inpatient\nhospitalization. The court shall order the acquittee released with conditions\npursuant to §§ 19.2-182.7, 19.2-182.8, and 19.2-182.9 if it finds that\nhe is not in need of inpatient hospitalization but that he meets the criteria\nfor conditional release set forth in § 19.2-182.7. If the court finds that\nthe acquittee does not need inpatient hospitalization nor does he meet the\ncriteria for conditional release, it shall release him without conditions,\nprovided the court has approved a discharge plan prepared by the appropriate\ncommunity services board or behavioral health authority in consultation with the\nappropriate hospital staff.\n\t\t\tThe court shall order that any person acquitted by reason of insanity and\ncommitted pursuant to this section who is sentenced to a term of incarceration\nfor any other offense in the same proceeding or in any proceeding conducted\nprior to the proceeding in which the person is acquitted by reason of insanity\ncomplete any sentence imposed for such other offense prior to being placed in\nthe custody of the Commissioner of Behavioral Health and Developmental Services\nuntil released from commitment pursuant to this chapter. The court shall order\nthat any person acquitted by reason of insanity and committed pursuant to this\nsection who is sentenced to a term of incarceration in any proceeding conducted\nduring the period of commitment be transferred to the custody of the\ncorrectional facility where he is to serve his sentence, and, upon completion of\nhis sentence, such person shall be placed in the custody of the Commissioner of\nBehavioral Health and Developmental Services until released from commitment\npursuant to this chapter.\n\nHISTORY: 1991, c. 427; 1993, c. 295; 2005, c. 716; 2012, cc. 476, 507; 2018, c.\n768.","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}}