{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-1104.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-1104.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-1104.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-1104.html"}],"law_id":74221,"edition_id":1,"section_id":74221,"structure_id":15593,"section_number":"37.2-1104","catch_line":"Temporary detention in hospital for testing, observation, or treatment","history":"1997, c. 921, \u00a7 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790; 2004, cc. 66, 104, 1014; 2005, c. 716; 2008, cc. 551, 691; 2015, c. 659; 2020, cc. 1233, 1267; 2023, cc. 174, 175; 2024, c. 780; 2025, c. 504.","full_text":"A\n\nThe court or, if the court is unavailable, a magistrate serving the jurisdiction where the respondent is located may, with the advice of a licensed physician who has attempted to obtain informed consent of an adult person to treatment of a mental or physical condition, issue an order authorizing temporary detention of the adult person in a hospital emergency department or other appropriate facility for testing, observation, or treatment upon a finding that (i) probable cause exists to believe the person is incapable of making or communicating an informed decision regarding treatment of a physical or mental condition due to a mental or physical condition, including intoxication and (ii) the medical standard of care calls for observation, testing, or treatment within the next 24 hours to prevent injury, disability, death, or other harm to the person resulting from such mental or physical condition.B\n\nWhen a mental or physical condition to be treated appears to be a result of intoxication, a licensed physician who has attempted to obtain informed consent of an adult person for treatment of such mental or physical condition appearing to be a result of intoxication may seek an order from the magistrate or court in the jurisdiction where the respondent is located authorizing temporary detention of the adult person in a hospital emergency department or other appropriate facility for testing, observation, or treatment upon a finding that (i) probable cause exists to believe the person’s intoxication has rendered the person incapable of making or communicating an informed decision regarding treatment and (ii) the medical standard of care calls for observation, testing, or treatment within the next 24 hours to prevent injury, disability, death, or other harm to the person or another person resulting from such intoxication.C\n\nThe duration of temporary detention pursuant to this section shall not exceed 24 hours, unless extended by the court as part of an order authorizing treatment under § 37.2-1101. If, before completion of authorized testing, observation, or treatment, the physician determines that a person subject to an order under this subsection has become capable of making and communicating an informed decision, the physician shall rely on the person’s decision on whether to consent to further testing, observation, or treatment. If, before issuance of an order under this subsection or during its period of effectiveness, the physician learns of an objection by a member of the person’s immediate family to the testing, observation, or treatment, he shall so notify the court or magistrate, who shall consider the objection in determining whether to issue, modify, or terminate the order.D\n\n(Expires July 1, 2026) A court or, if the court is unavailable or pursuant to subsection B, a magistrate serving the jurisdiction may issue an order authorizing temporary detention for testing, observation, or treatment for a person who is also the subject of an emergency custody order issued pursuant to § 37.2-808, if such person meets the criteria set forth in subsection A or B. In any case in which an order for temporary detention for testing, observation, or treatment is issued for a person who is also the subject of an emergency custody order pursuant to § 37.2-808, the hospital emergency room or other appropriate facility in which the person is detained for testing, observation, or treatment shall notify the nearest community services board when such testing, observation, or treatment is complete, and the designee of the community services board or certified evaluator, as defined in § 37.2-809, shall, as soon as is practicable and prior to the expiration of the order for temporary detention issued pursuant to subsection A or B, conduct an evaluation of the person to determine if he meets the criteria for temporary detention pursuant to § 37.2-809.\n\t\t\tD (Effective July 1, 2026) A court or, if the court is unavailable or pursuant to subsection B, a magistrate serving the jurisdiction may issue an order authorizing temporary detention for testing, observation, or treatment for a person who is also the subject of an emergency custody order issued pursuant to § 37.2-808, if such person meets the criteria set forth in subsection A or B. In any case in which an order for temporary detention for testing, observation, or treatment is issued for a person who is also the subject of an emergency custody order pursuant to § 37.2-808, the hospital emergency room or other appropriate facility in which the person is detained for testing, observation, or treatment shall notify the nearest community services board when such testing, observation, or treatment is complete, and the designee of the community services board shall, as soon as is practicable and prior to the expiration of the order for temporary detention issued pursuant to subsection A or B, conduct an evaluation of the person to determine if he meets the criteria for temporary detention pursuant to § 37.2-809.E\n\nFor any person who has received testing, observation, or treatment while under a temporary detention order pursuant to this section, if the person does not meet criteria for a temporary detention order pursuant to § 37.2-809, the evaluator or treating health care professional shall consider, prior to the person’s release or the expiration of the temporary detention order pursuant to this section, whether referral of the person to a community-based outpatient stabilization program for voluntary treatment is appropriate.","order_by":null,"text":{"0":{"id":266878,"text":"The court or, if the court is unavailable, a magistrate serving the jurisdiction where the respondent is located may, with the advice of a licensed physician who has attempted to obtain informed consent of an adult person to treatment of a mental or physical condition, issue an order authorizing temporary detention of the adult person in a hospital emergency department or other appropriate facility for testing, observation, or treatment upon a finding that (i) probable cause exists to believe the person is incapable of making or communicating an informed decision regarding treatment of a physical or mental condition due to a mental or physical condition, including intoxication and (ii) the medical standard of care calls for observation, testing, or treatment within the next 24 hours to prevent injury, disability, death, or other harm to the person resulting from such mental or physical condition.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":266879,"text":"When a mental or physical condition to be treated appears to be a result of intoxication, a licensed physician who has attempted to obtain informed consent of an adult person for treatment of such mental or physical condition appearing to be a result of intoxication may seek an order from the magistrate or court in the jurisdiction where the respondent is located authorizing temporary detention of the adult person in a hospital emergency department or other appropriate facility for testing, observation, or treatment upon a finding that (i) probable cause exists to believe the person’s intoxication has rendered the person incapable of making or communicating an informed decision regarding treatment and (ii) the medical standard of care calls for observation, testing, or treatment within the next 24 hours to prevent injury, disability, death, or other harm to the person or another person resulting from such intoxication.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":266880,"text":"The duration of temporary detention pursuant to this section shall not exceed 24 hours, unless extended by the court as part of an order authorizing treatment under § 37.2-1101. If, before completion of authorized testing, observation, or treatment, the physician determines that a person subject to an order under this subsection has become capable of making and communicating an informed decision, the physician shall rely on the person’s decision on whether to consent to further testing, observation, or treatment. If, before issuance of an order under this subsection or during its period of effectiveness, the physician learns of an objection by a member of the person’s immediate family to the testing, observation, or treatment, he shall so notify the court or magistrate, who shall consider the objection in determining whether to issue, modify, or terminate the order.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":266881,"text":"(Expires July 1, 2026) A court or, if the court is unavailable or pursuant to subsection B, a magistrate serving the jurisdiction may issue an order authorizing temporary detention for testing, observation, or treatment for a person who is also the subject of an emergency custody order issued pursuant to § 37.2-808, if such person meets the criteria set forth in subsection A or B. In any case in which an order for temporary detention for testing, observation, or treatment is issued for a person who is also the subject of an emergency custody order pursuant to § 37.2-808, the hospital emergency room or other appropriate facility in which the person is detained for testing, observation, or treatment shall notify the nearest community services board when such testing, observation, or treatment is complete, and the designee of the community services board or certified evaluator, as defined in § 37.2-809, shall, as soon as is practicable and prior to the expiration of the order for temporary detention issued pursuant to subsection A or B, conduct an evaluation of the person to determine if he meets the criteria for temporary detention pursuant to § 37.2-809.\n\t\t\tD (Effective July 1, 2026) A court or, if the court is unavailable or pursuant to subsection B, a magistrate serving the jurisdiction may issue an order authorizing temporary detention for testing, observation, or treatment for a person who is also the subject of an emergency custody order issued pursuant to § 37.2-808, if such person meets the criteria set forth in subsection A or B. In any case in which an order for temporary detention for testing, observation, or treatment is issued for a person who is also the subject of an emergency custody order pursuant to § 37.2-808, the hospital emergency room or other appropriate facility in which the person is detained for testing, observation, or treatment shall notify the nearest community services board when such testing, observation, or treatment is complete, and the designee of the community services board shall, as soon as is practicable and prior to the expiration of the order for temporary detention issued pursuant to subsection A or B, conduct an evaluation of the person to determine if he meets the criteria for temporary detention pursuant to § 37.2-809.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":266882,"text":"For any person who has received testing, observation, or treatment while under a temporary detention order pursuant to this section, if the person does not meet criteria for a temporary detention order pursuant to § 37.2-809, the evaluator or treating health care professional shall consider, prior to the person’s release or the expiration of the temporary detention order pursuant to this section, whether referral of the person to a community-based outpatient stabilization program for voluntary treatment is appropriate.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":15593,"edition_id":1,"name":"Judicial Authorization of Treatment","identifier":"11","label":"chapter","depth":3,"order_by":1,"parent_id":14269,"metadata":{},"date_created":"2026-06-26 03:56:39","date_modified":"2026-06-26 03:56:39","permalink":{"id":210619,"object_type":"structure","relational_id":15593,"identifier":"11","token":"37.2\/IV\/11","url":"\/37.2\/IV\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14269,"edition_id":1,"name":"Guardianship, Conservatorship, and Judicial Authorization of Treatment","identifier":"IV","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:47:33","date_modified":"2026-06-26 03:47:33","permalink":{"id":210605,"object_type":"structure","relational_id":14269,"identifier":"IV","token":"37.2\/IV","url":"\/37.2\/IV\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":83720,"structure_id":15593,"section_number":"37.2-1100","catch_line":"Definitions","url":"\/37.2-1100\/","token":"37.2\/IV\/11\/37.2-1100","metadata":false},{"id":60379,"structure_id":15593,"section_number":"37.2-1101","catch_line":"Judicial authorization of treatment","url":"\/37.2-1101\/","token":"37.2\/IV\/11\/37.2-1101","metadata":false},{"id":85041,"structure_id":15593,"section_number":"37.2-1102","catch_line":"Certain actions may not be authorized","url":"\/37.2-1102\/","token":"37.2\/IV\/11\/37.2-1102","metadata":false},{"id":77155,"structure_id":15593,"section_number":"37.2-1103","catch_line":"Emergency custody orders for adult persons who are incapable of making an informed decision as a result of physical injury or illness","url":"\/37.2-1103\/","token":"37.2\/IV\/11\/37.2-1103","metadata":false},{"id":74221,"structure_id":15593,"section_number":"37.2-1104","catch_line":"Temporary detention in hospital for testing, observation, or treatment","url":"\/37.2-1104\/","token":"37.2\/IV\/11\/37.2-1104","metadata":false},{"id":76123,"structure_id":15593,"section_number":"37.2-1105","catch_line":"Appeal from order","url":"\/37.2-1105\/","token":"37.2\/IV\/11\/37.2-1105","metadata":false},{"id":81800,"structure_id":15593,"section_number":"37.2-1106","catch_line":"When health professional or licensed hospital not liable","url":"\/37.2-1106\/","token":"37.2\/IV\/11\/37.2-1106","metadata":false},{"id":73879,"structure_id":15593,"section_number":"37.2-1107","catch_line":"Fees and expenses","url":"\/37.2-1107\/","token":"37.2\/IV\/11\/37.2-1107","metadata":false},{"id":59505,"structure_id":15593,"section_number":"37.2-1108","catch_line":"Effect of chapter on other laws","url":"\/37.2-1108\/","token":"37.2\/IV\/11\/37.2-1108","metadata":false},{"id":64055,"structure_id":15593,"section_number":"37.2-1109","catch_line":"Use of electronic communication","url":"\/37.2-1109\/","token":"37.2\/IV\/11\/37.2-1109","metadata":false}],"previous_section":{"id":77155,"structure_id":15593,"section_number":"37.2-1103","catch_line":"Emergency custody orders for adult persons who are incapable of making an informed decision as a result of physical injury or illness","url":"\/37.2-1103\/","token":"37.2\/IV\/11\/37.2-1103","metadata":false},"next_section":{"id":76123,"structure_id":15593,"section_number":"37.2-1105","catch_line":"Appeal from order","url":"\/37.2-1105\/","token":"37.2\/IV\/11\/37.2-1105","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-1104\/","history_text":"

This law was first created in 1997. The record of its establishment is cataloged in chapter 921<\/a> 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. It has been modified 10 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 1999, chapters 814<\/a>, 946<\/a>, and 985<\/a>; in 2003, chapter 790<\/a>; in 2004, chapters 66<\/a>, 104<\/a>, and 1014<\/a>; in 2005, chapter 716<\/a>; in 2008, chapters 551<\/a> and 691<\/a>; in 2015, chapter 659<\/a>; in 2020, chapters 1233<\/a> and 1267<\/a>; in 2023, chapters 174<\/a> and 175<\/a>; in 2024, chapter 780<\/a>; in 2025, chapter 504<\/a>.<\/p>","references":[{"id":77155,"section_number":"37.2-1103","catch_line":"Emergency custody orders for adult persons who are incapable of making an informed decision as a result of physical injury or illness","order_by":null,"url":"\/37.2-1103\/"},{"id":76123,"section_number":"37.2-1105","catch_line":"Appeal from order","order_by":null,"url":"\/37.2-1105\/"},{"id":64055,"section_number":"37.2-1109","catch_line":"Use of electronic communication","order_by":null,"url":"\/37.2-1109\/"},{"id":61742,"section_number":"37.2-808","catch_line":"(Effective July 1, 2026) Emergency custody; issuance and execution of order","order_by":null,"url":"\/37.2-808\/"}],"refers_to":[{"id":60379,"section_number":"37.2-1101","catch_line":"Judicial authorization of treatment","order_by":null,"url":"\/37.2-1101\/"},{"id":61742,"section_number":"37.2-808","catch_line":"(Effective July 1, 2026) Emergency custody; issuance and execution of order","order_by":null,"url":"\/37.2-808\/"},{"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\/"}],"permalink":{"id":210637,"object_type":"law","relational_id":74221,"identifier":"37.2-1104","token":"37.2\/IV\/11\/37.2-1104","url":"\/37.2-1104\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-1104\/","token":"37.2\/IV\/11\/37.2-1104","dublin_core":{"Title":"Temporary detention in hospital for testing, observation, or treatment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-1104","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The court<\/span> or, if the court<\/span> is unavailable, a magistrate<\/span> serving the jurisdiction<\/span> where the respondent is located may, with the advice of a licensed physician who has attempted to obtain informed consent of an adult person to treatment<\/span> of a mental or physical condition, issue<\/span> an order<\/span> authorizing temporary detention of the adult person in a hospital emergency department<\/span> or other appropriate facility<\/span> for testing, observation, or treatment<\/span> upon a finding<\/span> that (i) probable cause<\/span> exists to believe the person is incapable of making or communicating an informed decision regarding treatment<\/span> of a physical or mental condition due to a mental or physical condition, including intoxication and (ii) the medical standard of care calls for observation, testing, or treatment<\/span> within the next 24 hours to prevent injury, disability, death, or other harm to the person resulting from such mental or physical condition. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> When a mental or physical condition to be treated appears to be a result of intoxication, a licensed physician who has attempted to obtain informed consent of an adult person for treatment<\/span> of such mental or physical condition appearing to be a result of intoxication may seek an order<\/span> from the magistrate<\/span> or court<\/span> in the jurisdiction<\/span> where the respondent is located authorizing temporary detention of the adult person in a hospital emergency department<\/span> or other appropriate facility<\/span> for testing, observation, or treatment<\/span> upon a finding<\/span> that (i) probable cause<\/span> exists to believe the person’s intoxication has rendered the person incapable of making or communicating an informed decision regarding treatment<\/span> and (ii) the medical standard of care calls for observation, testing, or treatment<\/span> within the next 24 hours to prevent injury, disability, death, or other harm to the person or another person resulting from such intoxication. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The duration of temporary detention pursuant to this section shall not exceed 24 hours, unless extended by the court<\/span> as part of an order<\/span> authorizing treatment<\/span> under § 37.2-1101<\/a>. If, before completion of authorized testing, observation, or treatment<\/span>, the physician determines that a person subject to an order<\/span> under this subsection has become capable of making and communicating an informed decision, the physician shall rely on the person’s decision on whether to consent to further testing, observation, or treatment<\/span>. If, before issuance of an order<\/span> under this subsection or during its period of effectiveness, the physician learns of an objection by a member of the person’s immediate family to the testing, observation, or treatment<\/span>, he shall so notify the court<\/span> or magistrate<\/span>, who shall consider the objection in determining whether to issue<\/span>, modify, or terminate the order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> (Expires July 1, 2026) A court<\/span> or, if the court<\/span> is unavailable or pursuant to subsection B, a magistrate<\/span> serving the jurisdiction<\/span> may issue<\/span> an order<\/span> authorizing temporary detention for testing, observation, or treatment<\/span> for a person who is also the subject of an emergency custody<\/span> order<\/span> issued pursuant to § 37.2-808<\/a>, if such person meets the criteria set forth in subsection A or B. In any case in which an order<\/span> for temporary detention for testing, observation, or treatment<\/span> is issued for a person who is also the subject of an emergency custody<\/span> order<\/span> pursuant to § 37.2-808<\/a>, the hospital emergency room or other appropriate facility<\/span> in which the person is detained for testing, observation, or treatment<\/span> shall notify the nearest community services board<\/span> when such testing, observation, or treatment<\/span> is complete, and the designee of the community services board<\/span> or certified evaluator, as defined in § 37.2-809<\/a>, shall, as soon as is practicable and prior to the expiration of the order<\/span> for temporary detention issued pursuant to subsection A or B, conduct an evaluation of the person to determine if he meets the criteria for temporary detention pursuant to § 37.2-809<\/a>.\n\t\t\tD (Effective July 1, 2026) A court<\/span> or, if the court<\/span> is unavailable or pursuant to subsection B, a magistrate<\/span> serving the jurisdiction<\/span> may issue<\/span> an order<\/span> authorizing temporary detention for testing, observation, or treatment<\/span> for a person who is also the subject of an emergency custody<\/span> order<\/span> issued pursuant to § 37.2-808<\/a>, if such person meets the criteria set forth in subsection A or B. In any case in which an order<\/span> for temporary detention for testing, observation, or treatment<\/span> is issued for a person who is also the subject of an emergency custody<\/span> order<\/span> pursuant to § 37.2-808<\/a>, the hospital emergency room or other appropriate facility<\/span> in which the person is detained for testing, observation, or treatment<\/span> shall notify the nearest community services board<\/span> when such testing, observation, or treatment<\/span> is complete, and the designee of the community services board<\/span> shall, as soon as is practicable and prior to the expiration of the order<\/span> for temporary detention issued pursuant to subsection A or B, conduct an evaluation of the person to determine if he meets the criteria for temporary detention pursuant to § 37.2-809<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> For any person who has received testing, observation, or treatment<\/span> while under a temporary detention order<\/span> pursuant to this section, if the person does not meet criteria for a temporary detention order<\/span> pursuant to § 37.2-809<\/a>, the evaluator or treating health care professional shall consider, prior to the person’s release or the expiration of the temporary detention order<\/span> pursuant to this section, whether referral of the person to a community-based outpatient stabilization program for voluntary treatment<\/span> is appropriate. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTEMPORARY DETENTION IN HOSPITAL FOR TESTING, OBSERVATION, OR TREATMENT (\u00a7\n37.2-1104)\n\nA. The court or, if the court is unavailable, a magistrate serving the\njurisdiction where the respondent is located may, with the advice of a licensed\nphysician who has attempted to obtain informed consent of an adult person to\ntreatment of a mental or physical condition, issue an order authorizing\ntemporary detention of the adult person in a hospital emergency department or\nother appropriate facility for testing, observation, or treatment upon a finding\nthat (i) probable cause exists to believe the person is incapable of making or\ncommunicating an informed decision regarding treatment of a physical or mental\ncondition due to a mental or physical condition, including intoxication and (ii)\nthe medical standard of care calls for observation, testing, or treatment within\nthe next 24 hours to prevent injury, disability, death, or other harm to the\nperson resulting from such mental or physical condition.\n\nB. When a mental or physical condition to be treated appears to be a result of\nintoxication, a licensed physician who has attempted to obtain informed consent\nof an adult person for treatment of such mental or physical condition appearing\nto be a result of intoxication may seek an order from the magistrate or court in\nthe jurisdiction where the respondent is located authorizing temporary detention\nof the adult person in a hospital emergency department or other appropriate\nfacility for testing, observation, or treatment upon a finding that (i) probable\ncause exists to believe the person’s intoxication has rendered the person\nincapable of making or communicating an informed decision regarding treatment\nand (ii) the medical standard of care calls for observation, testing, or\ntreatment within the next 24 hours to prevent injury, disability, death, or\nother harm to the person or another person resulting from such intoxication.\n\nC. The duration of temporary detention pursuant to this section shall not exceed\n24 hours, unless extended by the court as part of an order authorizing treatment\nunder § 37.2-1101. If, before completion of authorized testing,\nobservation, or treatment, the physician determines that a person subject to an\norder under this subsection has become capable of making and communicating an\ninformed decision, the physician shall rely on the person’s decision on\nwhether to consent to further testing, observation, or treatment. If, before\nissuance of an order under this subsection or during its period of\neffectiveness, the physician learns of an objection by a member of the\nperson’s immediate family to the testing, observation, or treatment, he\nshall so notify the court or magistrate, who shall consider the objection in\ndetermining whether to issue, modify, or terminate the order.\n\nD. (Expires July 1, 2026) A court or, if the court is unavailable or pursuant to\nsubsection B, a magistrate serving the jurisdiction may issue an order\nauthorizing temporary detention for testing, observation, or treatment for a\nperson who is also the subject of an emergency custody order issued pursuant to\n§ 37.2-808, if such person meets the criteria set forth in subsection A or\nB. In any case in which an order for temporary detention for testing,\nobservation, or treatment is issued for a person who is also the subject of an\nemergency custody order pursuant to § 37.2-808, the hospital emergency room\nor other appropriate facility in which the person is detained for testing,\nobservation, or treatment shall notify the nearest community services board when\nsuch testing, observation, or treatment is complete, and the designee of the\ncommunity services board or certified evaluator, as defined in § 37.2-809,\nshall, as soon as is practicable and prior to the expiration of the order for\ntemporary detention issued pursuant to subsection A or B, conduct an evaluation\nof the person to determine if he meets the criteria for temporary detention\npursuant to § 37.2-809.\n\t\t\tD (Effective July 1, 2026) A court or, if the court is unavailable or\npursuant to subsection B, a magistrate serving the jurisdiction may issue an\norder authorizing temporary detention for testing, observation, or treatment for\na person who is also the subject of an emergency custody order issued pursuant\nto § 37.2-808, if such person meets the criteria set forth in subsection A\nor B. In any case in which an order for temporary detention for testing,\nobservation, or treatment is issued for a person who is also the subject of an\nemergency custody order pursuant to § 37.2-808, the hospital emergency room\nor other appropriate facility in which the person is detained for testing,\nobservation, or treatment shall notify the nearest community services board when\nsuch testing, observation, or treatment is complete, and the designee of the\ncommunity services board shall, as soon as is practicable and prior to the\nexpiration of the order for temporary detention issued pursuant to subsection A\nor B, conduct an evaluation of the person to determine if he meets the criteria\nfor temporary detention pursuant to § 37.2-809.\n\nE. For any person who has received testing, observation, or treatment while\nunder a temporary detention order pursuant to this section, if the person does\nnot meet criteria for a temporary detention order pursuant to § 37.2-809,\nthe evaluator or treating health care professional shall consider, prior to the\nperson’s release or the expiration of the temporary detention order\npursuant to this section, whether referral of the person to a community-based\noutpatient stabilization program for voluntary treatment is appropriate.\n\nHISTORY: 1997, c. 921, \u00a7 37.1-134.21; 1999, cc. 814, 946, 985; 2003, c. 790;\n2004, cc. 66, 104, 1014; 2005, c. 716; 2008, cc. 551, 691; 2015, c. 659; 2020,\ncc. 1233, 1267; 2023, cc. 174, 175; 2024, c. 780; 2025, c. 504.","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}}