{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/32.1-48.04.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/32.1-48.04.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/32.1-48.04.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/32.1-48.04.html"}],"law_id":76381,"edition_id":1,"section_id":76381,"structure_id":15825,"section_number":"32.1-48.04","catch_line":"Isolation hearing; conditions; order for isolation; right to appeal","history":"1990, c. 958; 2001, c. 837; 2004, cc. 773, 1021.","full_text":"A\n\nThe isolation hearing shall be held within 48 hours of the execution of any temporary detention order issued or, if the 48-hour period terminates on a Saturday, Sunday, legal holiday or day on which the court is lawfully closed, the isolation hearing shall be the next day that is not a Saturday, Sunday, legal holiday or day on which the court is lawfully closed.\n\t\t\tPrior to the hearing, the court shall fully inform the person who is infected with the communicable disease of public health significance of the basis for his detention, if any, the basis upon which he may be isolated, and the right of appeal of its decision.B\n\nAn order for isolation in the person’s home or another’s residence or an institution or other place, including a jail when no other reasonable alternative is available, may be issued upon a finding by the court that the following conditions are met:1\n\nThe person is infected with a communicable disease of public health significance.2\n\nThe person is engaging in at-risk behavior.3\n\nThe person has demonstrated an intentional disregard for the health of the public by engaging in behavior which has placed others at risk for infection with the communicable disease of public health significance.4\n\nThere is no other reasonable alternative means of reducing the risk to public health.C\n\nAny order for isolation in the person’s home or another’s residence or an institution or other place shall be valid for no more than 120 days, or for a shorter period of time if the Commissioner or his designee, or the court upon petition, determines that the person no longer poses a substantial threat to the health of others. Orders for isolation in the person’s home or another’s residence may be enforced through the use of electronic devices. Orders for isolation may include additional requirements such as participation in counseling or education programs. The court may, upon finding that the person no longer poses a substantial threat to the health of others, issue an order solely for participation in counseling or educational programs.D\n\nIsolation orders shall not be renewed without affording the person all rights conferred in this article.\n\t\t\tAny person under an isolation order pursuant to this section shall have the right to appeal such order to the circuit court in the jurisdiction in which he resides. Such appeal shall be filed within 30 days from the date of the order. Notwithstanding the provisions of § 19.2-241 relating to the time within which the court shall set criminal cases for trial, any appeal of an isolation order shall be given priority over all other pending matters before the court, except those matters under appeal pursuant to § 37.2-821, and shall be heard as soon possible by the court. The clerk of the court from which an appeal is taken shall immediately transmit the record to the clerk of the appellate court.\n\t\t\tThe appeal shall be heard de novo. An order continuing the isolation shall only be entered if the conditions set forth in subsection B are met at the time the appeal is heard.\n\t\t\tIf the person under an isolation order is not represented by counsel, the judge shall appoint an attorney-at-law to represent him. Counsel so appointed shall be paid a fee of $150 and his necessary expenses. The order of the court from which the appeal is taken shall be defended by the attorney for the Commonwealth.","order_by":null,"text":{"0":{"id":274201,"text":"The isolation hearing shall be held within 48 hours of the execution of any temporary detention order issued or, if the 48-hour period terminates on a Saturday, Sunday, legal holiday or day on which the court is lawfully closed, the isolation hearing shall be the next day that is not a Saturday, Sunday, legal holiday or day on which the court is lawfully closed.\n\t\t\tPrior to the hearing, the court shall fully inform the person who is infected with the communicable disease of public health significance of the basis for his detention, if any, the basis upon which he may be isolated, and the right of appeal of its decision.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":274202,"text":"An order for isolation in the person’s home or another’s residence or an institution or other place, including a jail when no other reasonable alternative is available, may be issued upon a finding by the court that the following conditions are met:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":274203,"text":"The person is infected with a communicable disease of public health significance.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":274204,"text":"The person is engaging in at-risk behavior.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":274205,"text":"The person has demonstrated an intentional disregard for the health of the public by engaging in behavior which has placed others at risk for infection with the communicable disease of public health significance.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":274206,"text":"There is no other reasonable alternative means of reducing the risk to public health.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"C"},"6":{"id":274207,"text":"Any order for isolation in the person’s home or another’s residence or an institution or other place shall be valid for no more than 120 days, or for a shorter period of time if the Commissioner or his designee, or the court upon petition, determines that the person no longer poses a substantial threat to the health of others. Orders for isolation in the person’s home or another’s residence may be enforced through the use of electronic devices. Orders for isolation may include additional requirements such as participation in counseling or education programs. The court may, upon finding that the person no longer poses a substantial threat to the health of others, issue an order solely for participation in counseling or educational programs.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B4","next_prefix":"D"},"7":{"id":274208,"text":"Isolation orders shall not be renewed without affording the person all rights conferred in this article.\n\t\t\tAny person under an isolation order pursuant to this section shall have the right to appeal such order to the circuit court in the jurisdiction in which he resides. Such appeal shall be filed within 30 days from the date of the order. Notwithstanding the provisions of § 19.2-241 relating to the time within which the court shall set criminal cases for trial, any appeal of an isolation order shall be given priority over all other pending matters before the court, except those matters under appeal pursuant to § 37.2-821, and shall be heard as soon possible by the court. The clerk of the court from which an appeal is taken shall immediately transmit the record to the clerk of the appellate court.\n\t\t\tThe appeal shall be heard de novo. An order continuing the isolation shall only be entered if the conditions set forth in subsection B are met at the time the appeal is heard.\n\t\t\tIf the person under an isolation order is not represented by counsel, the judge shall appoint an attorney-at-law to represent him. Counsel so appointed shall be paid a fee of $150 and his necessary expenses. The order of the court from which the appeal is taken shall be defended by the attorney for the Commonwealth.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"ancestry":[{"id":15825,"edition_id":1,"name":"Isolation of Certain Persons With Communicable Diseases of Public Health Significance","identifier":"3.01","label":"article","depth":3,"order_by":1,"parent_id":13607,"metadata":{},"date_created":"2026-06-26 04:00:10","date_modified":"2026-06-26 04:00:10","permalink":{"id":202029,"object_type":"structure","relational_id":15825,"identifier":"3.01","token":"32.1\/2\/3.01","url":"\/32.1\/2\/3.01\/","edition_id":1,"permalink":0,"preferred":1}},{"id":13607,"edition_id":1,"name":"Disease Prevention and Control","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12727,"metadata":{},"date_created":"2026-06-26 03:45:22","date_modified":"2026-06-26 03:45:22","permalink":{"id":201743,"object_type":"structure","relational_id":13607,"identifier":"2","token":"32.1\/2","url":"\/32.1\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12727,"edition_id":1,"name":"Health","identifier":"32.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:50","date_modified":"2026-06-26 03:43:50","permalink":{"id":201099,"object_type":"structure","relational_id":12727,"identifier":"32.1","token":"32.1","url":"\/32.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":73733,"structure_id":15825,"section_number":"32.1-48.01","catch_line":"Definitions","url":"\/32.1-48.01\/","token":"32.1\/2\/3.01\/32.1-48.01","metadata":false},{"id":61048,"structure_id":15825,"section_number":"32.1-48.02","catch_line":"Investigations of verified reports or medical evidence; counseling; outpatient and emergency treatment orders; custody upon emergency order; application of article","url":"\/32.1-48.02\/","token":"32.1\/2\/3.01\/32.1-48.02","metadata":false},{"id":71869,"structure_id":15825,"section_number":"32.1-48.03","catch_line":"Petition for hearing; temporary detention","url":"\/32.1-48.03\/","token":"32.1\/2\/3.01\/32.1-48.03","metadata":false},{"id":76381,"structure_id":15825,"section_number":"32.1-48.04","catch_line":"Isolation hearing; conditions; order for isolation; right to appeal","url":"\/32.1-48.04\/","token":"32.1\/2\/3.01\/32.1-48.04","metadata":false}],"previous_section":{"id":71869,"structure_id":15825,"section_number":"32.1-48.03","catch_line":"Petition for hearing; temporary detention","url":"\/32.1-48.03\/","token":"32.1\/2\/3.01\/32.1-48.03","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/32.1-48.04\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 958 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 1990 \u201cActs\u201d aren\u2019t available online. It has been modified 2 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 2001, chapter 837<\/a>; in 2004, chapters 773<\/a> and 1021<\/a>.<\/p>","references":false,"refers_to":[{"id":71478,"section_number":"19.2-241","catch_line":"Time within which court to set criminal cases for trial","order_by":null,"url":"\/19.2-241\/"},{"id":75804,"section_number":"37.2-821","catch_line":"Appeal of involuntary admission or certification order","order_by":null,"url":"\/37.2-821\/"}],"permalink":{"id":202043,"object_type":"law","relational_id":76381,"identifier":"32.1-48.04","token":"32.1\/2\/3.01\/32.1-48.04","url":"\/32.1-48.04\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/32.1-48.04\/","token":"32.1\/2\/3.01\/32.1-48.04","dublin_core":{"Title":"Isolation hearing; conditions; order for isolation; right to appeal","Type":"Text","Format":"text\/html","Identifier":"\u00a7 32.1-48.04","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The isolation hearing<\/span> shall be held within 48 hours of the execution of any temporary detention order<\/span> issued or, if the 48-hour period terminates on a Saturday, Sunday, legal holiday or day on which the court<\/span> is lawfully closed, the isolation hearing<\/span> shall be the next day that is not a Saturday, Sunday, legal holiday or day on which the court<\/span> is lawfully closed.\n\t\t\tPrior to the hearing<\/span>, the court<\/span> shall fully inform the person<\/span> who is infected with the communicable disease of public health significance<\/span> of the basis for his detention, if any, the basis upon which he may be isolated, and the right of appeal<\/span> of its decision. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> An order<\/span> for isolation in the person<\/span>’s home or another’s residence or an institution or other place, including a jail when no other reasonable alternative is available, may be issued upon a finding<\/span> by the court<\/span> that the following conditions are met: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> The person<\/span> is infected with a communicable disease of public health significance<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> The person<\/span> is engaging in at-risk behavior<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The person<\/span> has demonstrated an intentional disregard for the health of the public by engaging in behavior which has placed others at risk for infection with the communicable disease of public health significance<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> There is no other reasonable alternative means of reducing the risk to public health. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any order<\/span> for isolation in the person<\/span>’s home or another’s residence or an institution or other place shall be valid for no more than 120 days, or for a shorter period of time if the Commissioner<\/span> or his designee, or the court<\/span> upon petition<\/span>, determines that the person<\/span> no longer poses a substantial threat to the health of others. Orders<\/span> for isolation in the person<\/span>’s home or another’s residence may be enforced through the use of electronic devices. Orders<\/span> for isolation may include additional requirements such as participation in counseling or education programs. The court<\/span> may, upon finding<\/span> that the person<\/span> no longer poses a substantial threat to the health of others, issue<\/span> an order<\/span> solely for participation in counseling or educational programs. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Isolation orders<\/span> shall not be renewed without affording the person<\/span> all rights conferred in this article.\n\t\t\tAny person<\/span> under an isolation order<\/span> pursuant to this section shall have the right to appeal<\/span> such order<\/span> to the circuit<\/span> court<\/span> in the jurisdiction<\/span> in which he resides. Such appeal<\/span> shall be filed within 30 days from the date of the order<\/span>. Notwithstanding the provisions of § 19.2-241<\/a> relating to the time within which the court<\/span> shall set criminal cases for trial<\/span>, any appeal<\/span> of an isolation order<\/span> shall be given priority over all other pending matters before the court<\/span>, except those matters under appeal<\/span> pursuant to § 37.2-821<\/a>, and shall be heard as soon possible by the court<\/span>. The clerk of the court<\/span> from which an appeal<\/span> is taken shall immediately transmit the record to the clerk of the appellate<\/span> court<\/span>.\n\t\t\tThe appeal<\/span> shall be heard de novo<\/span>. An order<\/span> continuing the isolation shall only be entered if the conditions set forth in subsection B are met at the time the appeal<\/span> is heard.\n\t\t\tIf the person<\/span> under an isolation order<\/span> is not represented by counsel<\/span>, the judge<\/span> shall appoint an attorney-at-law<\/span> to represent him. Counsel<\/span> so appointed shall be paid a fee of $150 and his necessary expenses. The order<\/span> of the court<\/span> from which the appeal<\/span> is taken shall be defended by the attorney for the Commonwealth. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nISOLATION HEARING; CONDITIONS; ORDER FOR ISOLATION; RIGHT TO APPEAL (\u00a7\n32.1-48.04)\n\nA. The isolation hearing shall be held within 48 hours of the execution of any\ntemporary detention order issued or, if the 48-hour period terminates on a\nSaturday, Sunday, legal holiday or day on which the court is lawfully closed,\nthe isolation hearing shall be the next day that is not a Saturday, Sunday,\nlegal holiday or day on which the court is lawfully closed.\n\t\t\tPrior to the hearing, the court shall fully inform the person who is infected\nwith the communicable disease of public health significance of the basis for his\ndetention, if any, the basis upon which he may be isolated, and the right of\nappeal of its decision.\n\nB. An order for isolation in the person’s home or another’s\nresidence or an institution or other place, including a jail when no other\nreasonable alternative is available, may be issued upon a finding by the court\nthat the following conditions are met:\n\n 1. The person is infected with a communicable disease of public health\n significance.\n\n 2. The person is engaging in at-risk behavior.\n\n 3. The person has demonstrated an intentional disregard for the health of the\n public by engaging in behavior which has placed others at risk for infection\n with the communicable disease of public health significance.\n\n 4. There is no other reasonable alternative means of reducing the risk to\n public health.\n\nC. Any order for isolation in the person’s home or another’s\nresidence or an institution or other place shall be valid for no more than 120\ndays, or for a shorter period of time if the Commissioner or his designee, or\nthe court upon petition, determines that the person no longer poses a\nsubstantial threat to the health of others. Orders for isolation in the\nperson’s home or another’s residence may be enforced through the use\nof electronic devices. Orders for isolation may include additional requirements\nsuch as participation in counseling or education programs. The court may, upon\nfinding that the person no longer poses a substantial threat to the health of\nothers, issue an order solely for participation in counseling or educational\nprograms.\n\nD. Isolation orders shall not be renewed without affording the person all rights\nconferred in this article.\n\t\t\tAny person under an isolation order pursuant to this section shall have the\nright to appeal such order to the circuit court in the jurisdiction in which he\nresides. Such appeal shall be filed within 30 days from the date of the order.\nNotwithstanding the provisions of § 19.2-241 relating to the time within\nwhich the court shall set criminal cases for trial, any appeal of an isolation\norder shall be given priority over all other pending matters before the court,\nexcept those matters under appeal pursuant to § 37.2-821, and shall be\nheard as soon possible by the court. The clerk of the court from which an appeal\nis taken shall immediately transmit the record to the clerk of the appellate\ncourt.\n\t\t\tThe appeal shall be heard de novo. An order continuing the isolation shall\nonly be entered if the conditions set forth in subsection B are met at the time\nthe appeal is heard.\n\t\t\tIf the person under an isolation order is not represented by counsel, the\njudge shall appoint an attorney-at-law to represent him. Counsel so appointed\nshall be paid a fee of $150 and his necessary expenses. The order of the court\nfrom which the appeal is taken shall be defended by the attorney for the\nCommonwealth.\n\nHISTORY: 1990, c. 958; 2001, c. 837; 2004, cc. 773, 1021.","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}}