{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-182.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-182.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-182.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-182.9.html"}],"law_id":55068,"edition_id":1,"section_id":55068,"structure_id":13903,"section_number":"19.2-182.9","catch_line":"Emergency custody of conditionally released acquittee","history":"1991, c. 427; 1993, c. 295; 1996, cc. 937, 980; 2001, c. 837; 2005, c. 716; 2006, cc. 343, 370; 2008, c. 810; 2009, cc. 21, 838; 2012, cc. 476, 507; 2014, cc. 499, 538, 691, 761.","full_text":"When exigent circumstances do not permit compliance with revocation procedures set forth in \u00a7 19.2-182.8, any district court judge or a special justice, as defined in \u00a7 37.2-100, or a magistrate may issue an emergency custody order, upon the sworn petition of any responsible person or upon his own motion based upon probable cause to believe that an acquittee on conditional release (i) has violated the conditions of his release or is no longer a proper subject for conditional release and (ii) requires inpatient hospitalization. The emergency custody order shall require the acquittee within his judicial district to be taken into custody and transported to a convenient location where a person designated by the community services board or behavioral health authority who is skilled in the diagnosis and treatment of mental illness shall evaluate such acquittee and assess his need for inpatient hospitalization. A law-enforcement officer who, based on his observation or the reliable reports of others, has probable cause to believe that any acquittee on conditional release has violated the conditions of his release and is no longer a proper subject for conditional release and requires emergency evaluation to assess the need for inpatient hospitalization, may take the acquittee into custody and transport him to an appropriate location to assess the need for hospitalization without prior judicial authorization. The evaluation shall be conducted immediately. The acquittee shall remain in custody until a temporary detention order is issued or until he is released, but in no event shall the period of custody exceed eight hours. If it appears from all evidence readily available (a) that the acquittee has violated the conditions of his release or is no longer a proper subject for conditional release and (b) that he requires emergency evaluation to assess the need for inpatient hospitalization, the district court judge or a special justice, as defined in \u00a7 37.2-100, or magistrate, upon the advice of such person skilled in the diagnosis and treatment of mental illness, may issue a temporary detention order authorizing the executing officer to place the acquittee in an appropriate institution for a period not to exceed 72 hours prior to a hearing. If the 72-hour period terminates on a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed, the acquittee may be detained until the next day which is not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed.\n\t\tThe committing court or any district court judge or a special justice, as defined in \u00a7 37.2-100, shall have jurisdiction to hear the matter. Prior to the hearing, the acquittee shall be examined by a psychiatrist or licensed clinical psychologist, provided the psychiatrist or clinical psychologist is skilled in the diagnosis of mental illness, who shall certify whether the person is in need of hospitalization. At the hearing 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. Following the hearing, if the court determines, based on a preponderance of the evidence presented at the hearing, that the acquittee (1) has violated the conditions of his release or is no longer a proper subject for conditional release and (2) has mental illness or intellectual disability and is in need of inpatient hospitalization, the court shall revoke the acquittee’s conditional release and place him in the custody of the Commissioner.\n\t\tWhen an acquittee on conditional release pursuant to this chapter is taken into emergency custody, detained, or hospitalized, such action shall be considered to have been taken pursuant to this section, notwithstanding the fact that his status as an insanity acquittee was not known at the time of custody, detention, or hospitalization. Detention or hospitalization of an acquittee pursuant to provisions of law other than those applicable to insanity acquittees pursuant to this chapter shall not render the detention or hospitalization invalid. If a person’s status as an insanity acquittee on conditional release is not recognized at the time of emergency custody or detention, at the time his status as such is verified, the provisions applicable to such persons shall be applied and the court hearing the matter shall notify the committing court of the proceedings.","order_by":null,"text":{"0":{"id":201958,"text":"When exigent circumstances do not permit compliance with revocation procedures set forth in \u00a7 19.2-182.8, any district court judge or a special justice, as defined in \u00a7 37.2-100, or a magistrate may issue an emergency custody order, upon the sworn petition of any responsible person or upon his own motion based upon probable cause to believe that an acquittee on conditional release (i) has violated the conditions of his release or is no longer a proper subject for conditional release and (ii) requires inpatient hospitalization. The emergency custody order shall require the acquittee within his judicial district to be taken into custody and transported to a convenient location where a person designated by the community services board or behavioral health authority who is skilled in the diagnosis and treatment of mental illness shall evaluate such acquittee and assess his need for inpatient hospitalization. A law-enforcement officer who, based on his observation or the reliable reports of others, has probable cause to believe that any acquittee on conditional release has violated the conditions of his release and is no longer a proper subject for conditional release and requires emergency evaluation to assess the need for inpatient hospitalization, may take the acquittee into custody and transport him to an appropriate location to assess the need for hospitalization without prior judicial authorization. The evaluation shall be conducted immediately. The acquittee shall remain in custody until a temporary detention order is issued or until he is released, but in no event shall the period of custody exceed eight hours. If it appears from all evidence readily available (a) that the acquittee has violated the conditions of his release or is no longer a proper subject for conditional release and (b) that he requires emergency evaluation to assess the need for inpatient hospitalization, the district court judge or a special justice, as defined in \u00a7 37.2-100, or magistrate, upon the advice of such person skilled in the diagnosis and treatment of mental illness, may issue a temporary detention order authorizing the executing officer to place the acquittee in an appropriate institution for a period not to exceed 72 hours prior to a hearing. If the 72-hour period terminates on a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed, the acquittee may be detained until the next day which is not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed.\n\t\tThe committing court or any district court judge or a special justice, as defined in \u00a7 37.2-100, shall have jurisdiction to hear the matter. Prior to the hearing, the acquittee shall be examined by a psychiatrist or licensed clinical psychologist, provided the psychiatrist or clinical psychologist is skilled in the diagnosis of mental illness, who shall certify whether the person is in need of hospitalization. At the hearing 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. Following the hearing, if the court determines, based on a preponderance of the evidence presented at the hearing, that the acquittee (1) has violated the conditions of his release or is no longer a proper subject for conditional release and (2) has mental illness or intellectual disability and is in need of inpatient hospitalization, the court shall revoke the acquittee’s conditional release and place him in the custody of the Commissioner.\n\t\tWhen an acquittee on conditional release pursuant to this chapter is taken into emergency custody, detained, or hospitalized, such action shall be considered to have been taken pursuant to this section, notwithstanding the fact that his status as an insanity acquittee was not known at the time of custody, detention, or hospitalization. Detention or hospitalization of an acquittee pursuant to provisions of law other than those applicable to insanity acquittees pursuant to this chapter shall not render the detention or hospitalization invalid. If a person’s status as an insanity acquittee on conditional release is not recognized at the time of emergency custody or detention, at the time his status as such is verified, the provisions applicable to such persons shall be applied and the court hearing the matter shall notify the committing court of the proceedings.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-182.9\/","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 9 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 1996, chapters 937<\/a> and 980<\/a>; in 2001, chapter 837<\/a>; in 2005, chapter 716<\/a>; in 2006, chapters 343<\/a> and 370<\/a>; in 2008, chapter 810<\/a>; in 2009, chapters 21<\/a> and 838<\/a>; in 2012, chapters 476<\/a> and 507<\/a>; in 2014, chapters 499<\/a>, 538<\/a>, 691<\/a>, and 761<\/a>.<\/p>","references":[{"id":70858,"section_number":"18.2-60","catch_line":"Threats of death or bodily injury to a person or member of his family; threats of death or discharge of a firearm on school property; threats of death or bodily injury to health care providers; penalties","order_by":null,"url":"\/18.2-60\/"},{"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":59943,"section_number":"19.2-175","catch_line":"Compensation of experts","order_by":null,"url":"\/19.2-175\/"},{"id":57647,"section_number":"19.2-182.3","catch_line":"Commitment; civil proceedings","order_by":null,"url":"\/19.2-182.3\/"},{"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":84291,"section_number":"37.2-803","catch_line":"Special justices to perform duties of judge","order_by":null,"url":"\/37.2-803\/"}],"refers_to":[{"id":64428,"section_number":"19.2-182.8","catch_line":"Revocation of conditional release","order_by":null,"url":"\/19.2-182.8\/"},{"id":76036,"section_number":"37.2-100","catch_line":"Definitions","order_by":null,"url":"\/37.2-100\/"}],"permalink":{"id":168617,"object_type":"law","relational_id":55068,"identifier":"19.2-182.9","token":"19.2\/11.1\/19.2-182.9","url":"\/19.2-182.9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-182.9\/","token":"19.2\/11.1\/19.2-182.9","dublin_core":{"Title":"Emergency custody of conditionally released acquittee","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-182.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When exigent circumstances do not permit compliance with revocation<\/span> procedures set forth in \u00a7 19.2-182.8<\/a>, any district court<\/span> judge<\/span> or a special justice, as defined in \u00a7 37.2-100<\/a>, or a magistrate<\/span> may issue<\/span> an emergency custody<\/span> order<\/span>, upon the sworn petition<\/span> of any responsible person or upon his own motion<\/span> based upon probable cause<\/span> to believe that an acquittee on conditional release (i) has violated the conditions of his release or is no longer a proper subject for conditional release and (ii) requires inpatient hospitalization. The emergency custody<\/span> order<\/span> shall require the acquittee within his judicial district to be taken into custody<\/span> and transported to a convenient location where a person designated by the community services<\/span> board or behavioral health authority who is skilled in the diagnosis and treatment of mental illness shall evaluate such acquittee and assess his need for inpatient hospitalization. A law<\/span>-enforcement officer who, based on his observation or the reliable reports of others, has probable cause<\/span> to believe that any acquittee on conditional release has violated the conditions of his release and is no longer a proper subject for conditional release and requires emergency evaluation to assess the need for inpatient hospitalization, may take the acquittee into custody<\/span> and transport him to an appropriate location to assess the need for hospitalization without prior judicial authorization. The evaluation shall be conducted immediately. The acquittee shall remain in custody<\/span> until a temporary detention order<\/span> is issued or until he is released, but in no event shall the period of custody<\/span> exceed eight hours. If it appears from all evidence readily available (a) that the acquittee has violated the conditions of his release or is no longer a proper subject for conditional release and (b) that he requires emergency evaluation to assess the need for inpatient hospitalization, the district court<\/span> judge<\/span> or a special justice, as defined in \u00a7 37.2-100<\/a>, or magistrate<\/span>, upon the advice of such person skilled in the diagnosis and treatment of mental illness, may issue<\/span> a temporary detention order<\/span> authorizing the executing officer to place the acquittee in an appropriate institution for a period not to exceed 72 hours prior to a hearing<\/span>. If the 72-hour period terminates on a Saturday, Sunday, legal holiday, or day on which the court<\/span> is lawfully closed, the acquittee may be detained until the next day which is not a Saturday, Sunday, legal holiday, or day on which the court<\/span> is lawfully closed.\n\t\tThe committing court<\/span> or any district court<\/span> judge<\/span> or a special justice, as defined in \u00a7 37.2-100<\/a>, shall have jurisdiction<\/span> to hear the matter. Prior to the hearing<\/span>, the acquittee shall be examined by a psychiatrist or licensed clinical psychologist, provided the psychiatrist or clinical psychologist is skilled in the diagnosis of mental illness, who shall certify whether the person is in need of hospitalization. At the hearing<\/span> 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 and cross-examine witnesses at the hearing<\/span>. Following the hearing<\/span>, if the court<\/span> determines, based on a preponderance of the evidence<\/span> presented at the hearing<\/span>, that the acquittee (1) has violated the conditions of his release or is no longer a proper subject for conditional release and (2) has mental illness or intellectual disability and is in need of inpatient hospitalization, the court<\/span> shall revoke the acquittee’s conditional release and place him in the custody<\/span> of the Commissioner.\n\t\tWhen an acquittee on conditional release pursuant to this chapter is taken into emergency custody<\/span>, detained, or hospitalized, such action shall be considered to have been taken pursuant to this section, notwithstanding the fact<\/span> that his status as an insanity<\/span> acquittee was not known at the time of custody<\/span>, detention, or hospitalization. Detention or hospitalization of an acquittee pursuant to provisions of law<\/span> other than those applicable to insanity<\/span> acquittees pursuant to this chapter shall not render the detention or hospitalization invalid. If a person’s status as an insanity<\/span> acquittee on conditional release is not recognized at the time of emergency custody<\/span> or detention, at the time his status as such is verified, the provisions applicable to such persons shall be applied and the court<\/span> hearing<\/span> the matter shall notify the committing court<\/span> of the proceedings.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMERGENCY CUSTODY OF CONDITIONALLY RELEASED ACQUITTEE (\u00a7 19.2-182.9)\n\nWhen exigent circumstances do not permit compliance with revocation procedures\nset forth in \u00a7 19.2-182.8, any district court judge or a special justice, as\ndefined in \u00a7 37.2-100, or a magistrate may issue an emergency custody order,\nupon the sworn petition of any responsible person or upon his own motion based\nupon probable cause to believe that an acquittee on conditional release (i) has\nviolated the conditions of his release or is no longer a proper subject for\nconditional release and (ii) requires inpatient hospitalization. The emergency\ncustody order shall require the acquittee within his judicial district to be\ntaken into custody and transported to a convenient location where a person\ndesignated by the community services board or behavioral health authority who is\nskilled in the diagnosis and treatment of mental illness shall evaluate such\nacquittee and assess his need for inpatient hospitalization. A law-enforcement\nofficer who, based on his observation or the reliable reports of others, has\nprobable cause to believe that any acquittee on conditional release has violated\nthe conditions of his release and is no longer a proper subject for conditional\nrelease and requires emergency evaluation to assess the need for inpatient\nhospitalization, may take the acquittee into custody and transport him to an\nappropriate location to assess the need for hospitalization without prior\njudicial authorization. The evaluation shall be conducted immediately. The\nacquittee shall remain in custody until a temporary detention order is issued or\nuntil he is released, but in no event shall the period of custody exceed eight\nhours. If it appears from all evidence readily available (a) that the acquittee\nhas violated the conditions of his release or is no longer a proper subject for\nconditional release and (b) that he requires emergency evaluation to assess the\nneed for inpatient hospitalization, the district court judge or a special\njustice, as defined in \u00a7 37.2-100, or magistrate, upon the advice of such\nperson skilled in the diagnosis and treatment of mental illness, may issue a\ntemporary detention order authorizing the executing officer to place the\nacquittee in an appropriate institution for a period not to exceed 72 hours\nprior to a hearing. If the 72-hour period terminates on a Saturday, Sunday,\nlegal holiday, or day on which the court is lawfully closed, the acquittee may\nbe detained until the next day which is not a Saturday, Sunday, legal holiday,\nor day on which the court is lawfully closed.\n\t\tThe committing court or any district court judge or a special justice, as\ndefined in \u00a7 37.2-100, shall have jurisdiction to hear the matter. Prior to the\nhearing, the acquittee shall be examined by a psychiatrist or licensed clinical\npsychologist, provided the psychiatrist or clinical psychologist is skilled in\nthe diagnosis of mental illness, who shall certify whether the person is in need\nof hospitalization. At the hearing the acquittee shall be provided with adequate\nnotice of the hearing, of the right to be present at the hearing, the right to\nthe assistance of counsel in preparation for and during the hearing, and the\nright to introduce evidence and cross-examine witnesses at the hearing.\nFollowing the hearing, if the court determines, based on a preponderance of the\nevidence presented at the hearing, that the acquittee (1) has violated the\nconditions of his release or is no longer a proper subject for conditional\nrelease and (2) has mental illness or intellectual disability and is in need of\ninpatient hospitalization, the court shall revoke the acquittee’s\nconditional release and place him in the custody of the Commissioner.\n\t\tWhen an acquittee on conditional release pursuant to this chapter is taken\ninto emergency custody, detained, or hospitalized, such action shall be\nconsidered to have been taken pursuant to this section, notwithstanding the fact\nthat his status as an insanity acquittee was not known at the time of custody,\ndetention, or hospitalization. Detention or hospitalization of an acquittee\npursuant to provisions of law other than those applicable to insanity acquittees\npursuant to this chapter shall not render the detention or hospitalization\ninvalid. If a person’s status as an insanity acquittee on conditional\nrelease is not recognized at the time of emergency custody or detention, at the\ntime his status as such is verified, the provisions applicable to such persons\nshall be applied and the court hearing the matter shall notify the committing\ncourt of the proceedings.\n\nHISTORY: 1991, c. 427; 1993, c. 295; 1996, cc. 937, 980; 2001, c. 837; 2005, c.\n716; 2006, cc. 343, 370; 2008, c. 810; 2009, cc. 21, 838; 2012, cc. 476, 507;\n2014, cc. 499, 538, 691, 761.","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}}