{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-809.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-809.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-809.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-809.html"}],"law_id":70156,"edition_id":1,"section_id":70156,"structure_id":15915,"section_number":"37.2-809","catch_line":"(Effective July 1, 2026) Involuntary temporary detention; issuance and execution of order","history":"1974, c. 351, \u00a7 37.1-67.1; 1975, cc. 237, 433; 1976, c. 671, \u00a7 37.1-67.4; 1980, c. 582; 1981, cc. 233, 463; 1982, c. 435; 1986, cc. 134, 478, 629; 1987, c. 96; 1988, c. 98; 1989, c. 716; 1990, cc. 429, 728; 1991, c. 159; 1992, c. 566; 1995, c. 844; 1996, cc. 343, 893; 1998, cc. 37, 594, 611; 2004, c. 737; 2005, c. 716; 2007, c. 526; 2008, cc. 331, 551, 691, 728, 779, 782, 793, 828, 850, 870; 2009, cc. 455, 555; 2010, cc. 340, 406, 778, 825; 2013, cc. 87, 321; 2014, cc. 499, 538, 675, 691, 761, 773; 2016, cc. 569, 693; 2020, c. 945; 2022, cc. 473, 474, 482, 509; 2023, cc. 168, 169, 636; 2024, cc. 649, 682, 780; 2025, c. 504.","full_text":"A\n\nFor the purposes of this section:\n\t\t\t“Designee of the local community services board” means an examiner designated by the local community services board who (i) is skilled in the assessment and treatment of mental illness, (ii) has completed a certification program approved by the Department, (iii) is able to provide an independent examination of the person, (iv) is not related by blood or marriage to the person being evaluated, (v) has no financial interest in the admission or treatment of the person being evaluated, (vi) has no investment interest in the facility detaining or admitting the person under this article, and (vii) except for employees of state hospitals and of the U.S. Department of Veterans Affairs, is not employed by the facility.\n\t\t\t“Employee” means an employee of the local community services board who is skilled in the assessment and treatment of mental illness and has completed a certification program approved by the Department.\n\t\t\t“Investment interest” means the ownership or holding of an equity or debt security, including shares of stock in a corporation, interests or units of a partnership, bonds, debentures, notes, or other equity or debt instruments.B\n\n1. A magistrate shall issue, upon the sworn petition of any responsible person, treating physician, or upon his own motion and only after an evaluation conducted in-person or by means of a two-way electronic video and audio communication system as authorized in \u00a7 37.2-804.1 by an employee or a designee of the local community services board to determine whether the person meets the criteria for temporary detention, a temporary detention order if it appears from all evidence readily available, including any recommendation from a physician, clinical psychologist, clinical social worker, or licensed professional counselor treating the person, that the person (i) has a mental illness and that there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (b) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs; (ii) is in need of hospitalization or treatment; and (iii) is unwilling to volunteer or incapable of volunteering for hospitalization or treatment. The magistrate shall also consider, if available, (a) information provided by the person who initiated emergency custody and (b) the recommendations of any treating or examining physician licensed in Virginia either verbally or in writing prior to rendering a decision. Any temporary detention order entered pursuant to this section shall provide for the disclosure of medical records pursuant to \u00a7 37.2-804.2. This subsection shall not preclude any other disclosures as required or permitted by law.2\n\nIf the magistrate finds that the person does not meet the criteria for temporary detention and the employee or designee of the community services board or the certified evaluator has recommended that referral to a community-based outpatient stabilization program for voluntary treatment would be appropriate, the employee or designee of the community services board or the certified evaluator shall provide the person with such referral.C\n\nWhen considering whether there is probable cause to issue a temporary detention order, the magistrate may, in addition to the petition, consider (i) the recommendations of any treating or examining physician, psychologist, clinical social worker, or licensed professional counselor licensed in Virginia, if available, (ii) any past actions of the person, (iii) any past mental health treatment of the person, (iv) any relevant hearsay evidence, (v) any medical records available, (vi) any affidavits submitted, if the witness is unavailable and it so states in the affidavit, and (vii) any other information available that the magistrate considers relevant to the determination of whether probable cause exists to issue a temporary detention order.D\n\nA magistrate may issue a temporary detention order without an emergency custody order proceeding. A magistrate may issue a temporary detention order without a prior evaluation pursuant to subsection B if (i) the person has been personally examined within the previous 72 hours by an employee or a designee of the local community services board or (ii) there is a significant physical, psychological, or medical risk to the person or to others associated with conducting such evaluation.E\n\nAn employee or a designee of the local community services board shall determine the facility of temporary detention in accordance with the provisions of § 37.2-809.1 for all persons detained pursuant to this section. An employee or designee of the local community services board may change the facility of temporary detention and may designate an alternative facility for temporary detention at any point during the period of temporary detention if it is determined that the alternative facility is a more appropriate facility for temporary detention of the person given the specific security, medical, or behavioral health needs of the person. In cases in which the facility of temporary detention is changed following transfer of custody to an initial facility of temporary custody, transportation of the person to the alternative facility of temporary detention shall be provided in accordance with the provisions of § 37.2-810. The initial facility of temporary detention shall be identified on the preadmission screening report and indicated on the temporary detention order; however, if an employee or designee of the local community services board designates an alternative facility, that employee or designee shall provide written notice forthwith, on a form developed by the Executive Secretary of the Supreme Court of Virginia, to the clerk of the issuing court of the name and address of the alternative facility. Subject to the provisions of § 37.2-809.1, if a facility of temporary detention cannot be identified by the time of the expiration of the period of emergency custody pursuant to § 37.2-808, the person shall be detained in a state facility for the treatment of persons with mental illness and such facility shall be indicated on the temporary detention order. Except as provided in § 37.2-811 for inmates requiring hospitalization in accordance with subdivision A 2 of § 19.2-169.6, the person shall not be detained in a jail or other place of confinement for persons charged with criminal offenses. Except as provided in § 37.2-811 for inmates requiring hospitalization in accordance with subdivision A 2 of § 19.2-169.6 or in subsection C of § 37.2-813 for persons prior to transfer to the facility of temporary detention, the person shall remain in the custody of law enforcement until either (i) the person is detained within a secure facility or (ii) custody has been accepted by the appropriate personnel designated by either the initial facility of temporary detention identified in the temporary detention order or by the alternative facility of temporary detention designated by the employee or designee of the local community services board pursuant to this subsection. The person detained or in custody pursuant to this section shall be given a written summary of the temporary detention procedures and the statutory protections associated with those procedures.F\n\nAny facility caring for a person placed with it pursuant to a temporary detention order is authorized to provide emergency medical and psychiatric services within its capabilities when the facility determines that the services are in the best interests of the person within its care. The costs incurred as a result of the hearings and by the facility in providing services during the period of temporary detention shall be paid and recovered pursuant to § 37.2-804. The maximum costs reimbursable by the Commonwealth pursuant to this section shall be established by the State Board of Medical Assistance Services based on reasonable criteria. The State Board of Medical Assistance Services shall, by regulation, establish a reasonable rate per day of inpatient care for temporary detention.G\n\nThe employee or the designee of the local community services board who is conducting the evaluation pursuant to this section shall determine, prior to the issuance of the temporary detention order, the insurance status of the person. Where coverage by a third party payor exists, the facility seeking reimbursement under this section shall first seek reimbursement from the third party payor. The Commonwealth shall reimburse the facility only for the balance of costs remaining after the allowances covered by the third party payor have been received.H\n\nThe duration of temporary detention shall be sufficient to allow for completion of the examination required by § 37.2-815, preparation of the preadmission screening report required by § 37.2-816, and initiation of mental health treatment to stabilize the person’s psychiatric condition to avoid involuntary commitment where possible, but shall not exceed 72 hours prior to a hearing. If the 72-hour period herein specified terminates on a Saturday, Sunday, legal holiday, or, if the individual has been admitted to a facility of temporary detention, day or part of a day on which the clerk’s office is lawfully closed, the person may be detained, as herein provided, until the close of business on the next day that is not a Saturday, Sunday, legal holiday, or, if the individual has been admitted to a facility of temporary detention, day or part of a day on which the clerk’s office is lawfully closed. The person may be released, pursuant to § 37.2-813, before the 72-hour period herein specified has run.I\n\nIf a temporary detention order is not executed within 24 hours of its issuance, or within a shorter period as is specified in the order, the order shall be void and shall be returned unexecuted to the office of the clerk of the issuing court or, if the office is not open, to any magistrate serving the jurisdiction of the issuing court. Subsequent orders may be issued upon the original petition within 96 hours after the petition is filed. However, a magistrate must again obtain the advice of an employee or a designee of the local community services board prior to issuing a subsequent order upon the original petition. Any petition for which no temporary detention order or other process in connection therewith is served on the subject of the petition within 96 hours after the petition is filed shall be void and shall be returned to the office of the clerk of the issuing court.J\n\nThe Executive Secretary of the Supreme Court of Virginia shall establish and require that a magistrate, as provided by this section, be available seven days a week, 24 hours a day, for the purpose of performing the duties established by this section. Each community services board shall provide to each general district court and magistrate’s office within its service area a list of its employees and designees who are available to perform the evaluations required herein.K\n\nFor purposes of this section, a health care provider or designee of a local community services board or behavioral health authority shall not be required to encrypt any email containing information or medical records provided to a magistrate unless there is reason to believe that a third party will attempt to intercept the email.L\n\nIf the employee or designee of the community services board who is conducting the evaluation pursuant to this section recommends that the person should not be subject to a temporary detention order, such employee or designee shall (i) inform the petitioner, the person who initiated emergency custody if such person is present, and an onsite treating physician of his recommendation; (ii) promptly inform such person who initiated emergency custody that the community services board will facilitate communication between the person and the magistrate if the person disagrees with recommendations of the employee or designee of the community services board who conducted the evaluation and the person who initiated emergency custody so requests; (iii) upon prompt request made by the person who initiated emergency custody, arrange for such person who initiated emergency custody to communicate with the magistrate as soon as is practicable and prior to the expiration of the period of emergency custody; and (iv) provide a referral to the person to a community-based outpatient stabilization program for voluntary treatment if appropriate. The magistrate shall consider any information provided by the person who initiated emergency custody and any recommendations of the treating or examining physician and the employee or designee of the community services board who conducted the evaluation and consider such information and recommendations in accordance with subsection B in making his determination to issue a temporary detention order. The person who is the subject of emergency custody shall remain in the custody of law enforcement or a designee of law enforcement and shall not be released from emergency custody until communication with the magistrate pursuant to this subsection has concluded and the magistrate has made a determination regarding issuance of a temporary detention order.M\n\nFor purposes of this section, “person who initiated emergency custody” means any person who initiated the issuance of an emergency custody order pursuant to § 37.2-808 or a law-enforcement officer who takes a person into custody pursuant to subsection G of § 37.2-808.N\n\nIn any case in which a person subject to an evaluation pursuant to this section is receiving services in a hospital emergency department, the treating physician or his designee and the employee or designee of the local community services board shall disclose to each other relevant information pertaining to the individual’s treatment in the emergency department. The (i) evaluator conducting the evaluation pursuant to subsection B of § 37.2-808 and the provisions of this section or (ii) hospital emergency department and treating physician or other health care provider designated by the physician shall allow a family member or legal guardian of the individual subject to evaluation who is present, and who may provide support and supportive decision-making, to be present with the individual unless the individual objects or the evaluator or treating physician determines that the presence of any such person would create a medical, clinical, or safety risk to the patient or health care provider or interferes with patient care. No provision of this section shall delay the process of the patient receiving treatment.","order_by":null,"text":{"0":{"id":253304,"text":"For the purposes of this section:\n\t\t\t“Designee of the local community services board” means an examiner designated by the local community services board who (i) is skilled in the assessment and treatment of mental illness, (ii) has completed a certification program approved by the Department, (iii) is able to provide an independent examination of the person, (iv) is not related by blood or marriage to the person being evaluated, (v) has no financial interest in the admission or treatment of the person being evaluated, (vi) has no investment interest in the facility detaining or admitting the person under this article, and (vii) except for employees of state hospitals and of the U.S. Department of Veterans Affairs, is not employed by the facility.\n\t\t\t“Employee” means an employee of the local community services board who is skilled in the assessment and treatment of mental illness and has completed a certification program approved by the Department.\n\t\t\t“Investment interest” means the ownership or holding of an equity or debt security, including shares of stock in a corporation, interests or units of a partnership, bonds, debentures, notes, or other equity or debt instruments.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":253305,"text":"1. A magistrate shall issue, upon the sworn petition of any responsible person, treating physician, or upon his own motion and only after an evaluation conducted in-person or by means of a two-way electronic video and audio communication system as authorized in \u00a7 37.2-804.1 by an employee or a designee of the local community services board to determine whether the person meets the criteria for temporary detention, a temporary detention order if it appears from all evidence readily available, including any recommendation from a physician, clinical psychologist, clinical social worker, or licensed professional counselor treating the person, that the person (i) has a mental illness and that there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (b) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs; (ii) is in need of hospitalization or treatment; and (iii) is unwilling to volunteer or incapable of volunteering for hospitalization or treatment. The magistrate shall also consider, if available, (a) information provided by the person who initiated emergency custody and (b) the recommendations of any treating or examining physician licensed in Virginia either verbally or in writing prior to rendering a decision. Any temporary detention order entered pursuant to this section shall provide for the disclosure of medical records pursuant to \u00a7 37.2-804.2. This subsection shall not preclude any other disclosures as required or permitted by law.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B2"},"2":{"id":253306,"text":"If the magistrate finds that the person does not meet the criteria for temporary detention and the employee or designee of the community services board or the certified evaluator has recommended that referral to a community-based outpatient stabilization program for voluntary treatment would be appropriate, the employee or designee of the community services board or the certified evaluator shall provide the person with such referral.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B","next_prefix":"C"},"3":{"id":253307,"text":"When considering whether there is probable cause to issue a temporary detention order, the magistrate may, in addition to the petition, consider (i) the recommendations of any treating or examining physician, psychologist, clinical social worker, or licensed professional counselor licensed in Virginia, if available, (ii) any past actions of the person, (iii) any past mental health treatment of the person, (iv) any relevant hearsay evidence, (v) any medical records available, (vi) any affidavits submitted, if the witness is unavailable and it so states in the affidavit, and (vii) any other information available that the magistrate considers relevant to the determination of whether probable cause exists to issue a temporary detention order.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B2","next_prefix":"D"},"4":{"id":253308,"text":"A magistrate may issue a temporary detention order without an emergency custody order proceeding. A magistrate may issue a temporary detention order without a prior evaluation pursuant to subsection B if (i) the person has been personally examined within the previous 72 hours by an employee or a designee of the local community services board or (ii) there is a significant physical, psychological, or medical risk to the person or to others associated with conducting such evaluation.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"5":{"id":253309,"text":"An employee or a designee of the local community services board shall determine the facility of temporary detention in accordance with the provisions of § 37.2-809.1 for all persons detained pursuant to this section. An employee or designee of the local community services board may change the facility of temporary detention and may designate an alternative facility for temporary detention at any point during the period of temporary detention if it is determined that the alternative facility is a more appropriate facility for temporary detention of the person given the specific security, medical, or behavioral health needs of the person. In cases in which the facility of temporary detention is changed following transfer of custody to an initial facility of temporary custody, transportation of the person to the alternative facility of temporary detention shall be provided in accordance with the provisions of § 37.2-810. The initial facility of temporary detention shall be identified on the preadmission screening report and indicated on the temporary detention order; however, if an employee or designee of the local community services board designates an alternative facility, that employee or designee shall provide written notice forthwith, on a form developed by the Executive Secretary of the Supreme Court of Virginia, to the clerk of the issuing court of the name and address of the alternative facility. Subject to the provisions of § 37.2-809.1, if a facility of temporary detention cannot be identified by the time of the expiration of the period of emergency custody pursuant to § 37.2-808, the person shall be detained in a state facility for the treatment of persons with mental illness and such facility shall be indicated on the temporary detention order. Except as provided in § 37.2-811 for inmates requiring hospitalization in accordance with subdivision A 2 of § 19.2-169.6, the person shall not be detained in a jail or other place of confinement for persons charged with criminal offenses. Except as provided in § 37.2-811 for inmates requiring hospitalization in accordance with subdivision A 2 of § 19.2-169.6 or in subsection C of § 37.2-813 for persons prior to transfer to the facility of temporary detention, the person shall remain in the custody of law enforcement until either (i) the person is detained within a secure facility or (ii) custody has been accepted by the appropriate personnel designated by either the initial facility of temporary detention identified in the temporary detention order or by the alternative facility of temporary detention designated by the employee or designee of the local community services board pursuant to this subsection. The person detained or in custody pursuant to this section shall be given a written summary of the temporary detention procedures and the statutory protections associated with those procedures.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"6":{"id":253310,"text":"Any facility caring for a person placed with it pursuant to a temporary detention order is authorized to provide emergency medical and psychiatric services within its capabilities when the facility determines that the services are in the best interests of the person within its care. The costs incurred as a result of the hearings and by the facility in providing services during the period of temporary detention shall be paid and recovered pursuant to § 37.2-804. The maximum costs reimbursable by the Commonwealth pursuant to this section shall be established by the State Board of Medical Assistance Services based on reasonable criteria. The State Board of Medical Assistance Services shall, by regulation, establish a reasonable rate per day of inpatient care for temporary detention.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"7":{"id":253311,"text":"The employee or the designee of the local community services board who is conducting the evaluation pursuant to this section shall determine, prior to the issuance of the temporary detention order, the insurance status of the person. Where coverage by a third party payor exists, the facility seeking reimbursement under this section shall first seek reimbursement from the third party payor. The Commonwealth shall reimburse the facility only for the balance of costs remaining after the allowances covered by the third party payor have been received.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"8":{"id":253312,"text":"The duration of temporary detention shall be sufficient to allow for completion of the examination required by § 37.2-815, preparation of the preadmission screening report required by § 37.2-816, and initiation of mental health treatment to stabilize the person’s psychiatric condition to avoid involuntary commitment where possible, but shall not exceed 72 hours prior to a hearing. If the 72-hour period herein specified terminates on a Saturday, Sunday, legal holiday, or, if the individual has been admitted to a facility of temporary detention, day or part of a day on which the clerk’s office is lawfully closed, the person may be detained, as herein provided, until the close of business on the next day that is not a Saturday, Sunday, legal holiday, or, if the individual has been admitted to a facility of temporary detention, day or part of a day on which the clerk’s office is lawfully closed. The person may be released, pursuant to § 37.2-813, before the 72-hour period herein specified has run.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"9":{"id":253313,"text":"If a temporary detention order is not executed within 24 hours of its issuance, or within a shorter period as is specified in the order, the order shall be void and shall be returned unexecuted to the office of the clerk of the issuing court or, if the office is not open, to any magistrate serving the jurisdiction of the issuing court. Subsequent orders may be issued upon the original petition within 96 hours after the petition is filed. However, a magistrate must again obtain the advice of an employee or a designee of the local community services board prior to issuing a subsequent order upon the original petition. Any petition for which no temporary detention order or other process in connection therewith is served on the subject of the petition within 96 hours after the petition is filed shall be void and shall be returned to the office of the clerk of the issuing court.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H","next_prefix":"J"},"10":{"id":253314,"text":"The Executive Secretary of the Supreme Court of Virginia shall establish and require that a magistrate, as provided by this section, be available seven days a week, 24 hours a day, for the purpose of performing the duties established by this section. Each community services board shall provide to each general district court and magistrate’s office within its service area a list of its employees and designees who are available to perform the evaluations required herein.","type":"section","prefixes":["J"],"prefix":"J","entire_prefix":"J","prefix_anchor":"J","level":1,"prior_prefix":"I","next_prefix":"K"},"11":{"id":253315,"text":"For purposes of this section, a health care provider or designee of a local community services board or behavioral health authority shall not be required to encrypt any email containing information or medical records provided to a magistrate unless there is reason to believe that a third party will attempt to intercept the email.","type":"section","prefixes":["K"],"prefix":"K","entire_prefix":"K","prefix_anchor":"K","level":1,"prior_prefix":"J","next_prefix":"L"},"12":{"id":253316,"text":"If the employee or designee of the community services board who is conducting the evaluation pursuant to this section recommends that the person should not be subject to a temporary detention order, such employee or designee shall (i) inform the petitioner, the person who initiated emergency custody if such person is present, and an onsite treating physician of his recommendation; (ii) promptly inform such person who initiated emergency custody that the community services board will facilitate communication between the person and the magistrate if the person disagrees with recommendations of the employee or designee of the community services board who conducted the evaluation and the person who initiated emergency custody so requests; (iii) upon prompt request made by the person who initiated emergency custody, arrange for such person who initiated emergency custody to communicate with the magistrate as soon as is practicable and prior to the expiration of the period of emergency custody; and (iv) provide a referral to the person to a community-based outpatient stabilization program for voluntary treatment if appropriate. The magistrate shall consider any information provided by the person who initiated emergency custody and any recommendations of the treating or examining physician and the employee or designee of the community services board who conducted the evaluation and consider such information and recommendations in accordance with subsection B in making his determination to issue a temporary detention order. The person who is the subject of emergency custody shall remain in the custody of law enforcement or a designee of law enforcement and shall not be released from emergency custody until communication with the magistrate pursuant to this subsection has concluded and the magistrate has made a determination regarding issuance of a temporary detention order.","type":"section","prefixes":["L"],"prefix":"L","entire_prefix":"L","prefix_anchor":"L","level":1,"prior_prefix":"K","next_prefix":"M"},"13":{"id":253317,"text":"For purposes of this section, “person who initiated emergency custody” means any person who initiated the issuance of an emergency custody order pursuant to § 37.2-808 or a law-enforcement officer who takes a person into custody pursuant to subsection G of § 37.2-808.","type":"section","prefixes":["M"],"prefix":"M","entire_prefix":"M","prefix_anchor":"M","level":1,"prior_prefix":"L","next_prefix":"N"},"14":{"id":253318,"text":"In any case in which a person subject to an evaluation pursuant to this section is receiving services in a hospital emergency department, the treating physician or his designee and the employee or designee of the local community services board shall disclose to each other relevant information pertaining to the individual’s treatment in the emergency department. The (i) evaluator conducting the evaluation pursuant to subsection B of § 37.2-808 and the provisions of this section or (ii) hospital emergency department and treating physician or other health care provider designated by the physician shall allow a family member or legal guardian of the individual subject to evaluation who is present, and who may provide support and supportive decision-making, to be present with the individual unless the individual objects or the evaluator or treating physician determines that the presence of any such person would create a medical, clinical, or safety risk to the patient or health care provider or interferes with patient care. No provision of this section shall delay the process of the patient receiving treatment.","type":"section","prefixes":["N"],"prefix":"N","entire_prefix":"N","prefix_anchor":"N","level":1,"prior_prefix":"M"}},"ancestry":[{"id":15915,"edition_id":1,"name":"Emergency Custody and Involuntary Temporary Detention","identifier":"4","label":"article","depth":4,"order_by":1,"parent_id":12890,"metadata":{},"date_created":"2026-06-26 04:01:48","date_modified":"2026-06-26 04:01:48","permalink":{"id":210309,"object_type":"structure","relational_id":15915,"identifier":"4","token":"37.2\/III\/8\/4","url":"\/37.2\/III\/8\/4\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12890,"edition_id":1,"name":"Emergency Custody and Voluntary and Involuntary Civil Admissions","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12889,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":210257,"object_type":"structure","relational_id":12890,"identifier":"8","token":"37.2\/III\/8","url":"\/37.2\/III\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12889,"edition_id":1,"name":"Admissions and Dispositions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":210255,"object_type":"structure","relational_id":12889,"identifier":"III","token":"37.2\/III","url":"\/37.2\/III\/","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":61742,"structure_id":15915,"section_number":"37.2-808","catch_line":"(Effective July 1, 2026) Emergency custody; issuance and execution of order","url":"\/37.2-808\/","token":"37.2\/III\/8\/4\/37.2-808","metadata":false},{"id":70156,"structure_id":15915,"section_number":"37.2-809","catch_line":"(Effective July 1, 2026) Involuntary temporary detention; issuance and execution of order","url":"\/37.2-809\/","token":"37.2\/III\/8\/4\/37.2-809","metadata":false},{"id":85050,"structure_id":15915,"section_number":"37.2-809.1","catch_line":"(Effective July 1, 2026) Facility of temporary detention","url":"\/37.2-809.1\/","token":"37.2\/III\/8\/4\/37.2-809.1","metadata":false},{"id":79706,"structure_id":15915,"section_number":"37.2-810","catch_line":"(Effective July 1, 2026) Transportation of person in the temporary detention process","url":"\/37.2-810\/","token":"37.2\/III\/8\/4\/37.2-810","metadata":false},{"id":68064,"structure_id":15915,"section_number":"37.2-811","catch_line":"Emergency treatment of inmates in the custody of local correctional facilities","url":"\/37.2-811\/","token":"37.2\/III\/8\/4\/37.2-811","metadata":false},{"id":80737,"structure_id":15915,"section_number":"37.2-812","catch_line":"Repealed","url":"\/37.2-812\/","token":"37.2\/III\/8\/4\/37.2-812","metadata":false},{"id":69246,"structure_id":15915,"section_number":"37.2-813","catch_line":"(Effective July 1, 2026) Release of person prior to commitment hearing for involuntary admission","url":"\/37.2-813\/","token":"37.2\/III\/8\/4\/37.2-813","metadata":false}],"previous_section":{"id":61742,"structure_id":15915,"section_number":"37.2-808","catch_line":"(Effective July 1, 2026) Emergency custody; issuance and execution of order","url":"\/37.2-808\/","token":"37.2\/III\/8\/4\/37.2-808","metadata":false},"next_section":{"id":85050,"structure_id":15915,"section_number":"37.2-809.1","catch_line":"(Effective July 1, 2026) Facility of temporary detention","url":"\/37.2-809.1\/","token":"37.2\/III\/8\/4\/37.2-809.1","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-809\/","history_text":"

This law was first created in 1974. The record of its establishment is cataloged in chapter 351 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 1974 \u201cActs\u201d aren\u2019t available online. It has been modified 29 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 1975, chapters 237 and 433; in 1976, chapter 671; in 1980, chapter 582; in 1981, chapters 233 and 463; in 1982, chapter 435; in 1986, chapters 134, 478, and 629; in 1987, chapter 96; in 1988, chapter 98; in 1989, chapter 716; in 1990, chapters 429 and 728; in 1991, chapter 159; in 1992, chapter 566; in 1995, chapter 844<\/a>; in 1996, chapters 343<\/a> and 893<\/a>; in 1998, chapters 37<\/a>, 594<\/a>, and 611<\/a>; in 2004, chapter 737<\/a>; in 2005, chapter 716<\/a>; in 2007, chapter 526<\/a>; in 2008, chapters 331<\/a>, 551<\/a>, 691<\/a>, 728<\/a>, 779<\/a>, 782<\/a>, 793<\/a>, 828<\/a>, 850<\/a>, and 870<\/a>; in 2009, chapters 455<\/a> and 555<\/a>; in 2010, chapters 340<\/a>, 406<\/a>, 778<\/a>, and 825<\/a>; in 2013, chapters 87<\/a> and 321<\/a>; in 2014, chapters 499<\/a>, 538<\/a>, 675<\/a>, 691<\/a>, 761<\/a>, and 773<\/a>; in 2016, chapters 569<\/a> and 693<\/a>; in 2020, chapter 945<\/a>; in 2022, chapters 473<\/a>, 474<\/a>, 482<\/a>, and 509<\/a>; in 2023, chapters 168<\/a>, 169<\/a>, and 636<\/a>; in 2024, chapters 649<\/a>, 682<\/a>, and 780<\/a>; in 2025, chapter 504<\/a>.<\/p>","references":[{"id":74490,"section_number":"15.2-1704","catch_line":"Powers and duties of police force","order_by":null,"url":"\/15.2-1704\/"},{"id":81410,"section_number":"18.2-308.1:3","catch_line":"Purchase, possession, or transportation of firearm by persons involuntarily admitted or ordered to outpatient treatment; penalty","order_by":null,"url":"\/18.2-308.1_3\/"},{"id":80010,"section_number":"18.2-308.2:2","catch_line":"Criminal history record information check required for the transfer of certain firearms","order_by":null,"url":"\/18.2-308.2_2\/"},{"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":66444,"section_number":"19.2-169.2","catch_line":"Disposition when defendant found incompetent","order_by":null,"url":"\/19.2-169.2\/"},{"id":74002,"section_number":"19.2-169.6","catch_line":"Inpatient psychiatric hospital admission from local correctional facility","order_by":null,"url":"\/19.2-169.6\/"},{"id":76399,"section_number":"19.2-182.5","catch_line":"Review of continuation of confinement hearing; procedure and reports; disposition","order_by":null,"url":"\/19.2-182.5\/"},{"id":86739,"section_number":"19.2-81.3","catch_line":"Arrest without a warrant authorized in cases of assault and battery against a family or household member and stalking and for violations of protective orders; procedure, etc","order_by":null,"url":"\/19.2-81.3\/"},{"id":85041,"section_number":"37.2-1102","catch_line":"Certain actions may not be authorized","order_by":null,"url":"\/37.2-1102\/"},{"id":74221,"section_number":"37.2-1104","catch_line":"Temporary detention in hospital for testing, observation, or treatment","order_by":null,"url":"\/37.2-1104\/"},{"id":63295,"section_number":"37.2-801","catch_line":"Admission procedures; forms","order_by":null,"url":"\/37.2-801\/"},{"id":66636,"section_number":"37.2-802","catch_line":"Interpreters in admission or certification proceedings","order_by":null,"url":"\/37.2-802\/"},{"id":86844,"section_number":"37.2-804","catch_line":"Fees and expenses","order_by":null,"url":"\/37.2-804\/"},{"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":85050,"section_number":"37.2-809.1","catch_line":"(Effective July 1, 2026) Facility of temporary detention","order_by":null,"url":"\/37.2-809.1\/"},{"id":68064,"section_number":"37.2-811","catch_line":"Emergency treatment of inmates in the custody of local correctional facilities","order_by":null,"url":"\/37.2-811\/"},{"id":69246,"section_number":"37.2-813","catch_line":"(Effective July 1, 2026) Release of person prior to commitment hearing for involuntary admission","order_by":null,"url":"\/37.2-813\/"},{"id":68004,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","order_by":null,"url":"\/37.2-814\/"},{"id":61292,"section_number":"37.2-817","catch_line":"(Effective July 1, 2026) Involuntary admission","order_by":null,"url":"\/37.2-817\/"},{"id":71942,"section_number":"37.2-817.1","catch_line":"Monitoring and court review of mandatory outpatient treatment","order_by":null,"url":"\/37.2-817.1\/"},{"id":75630,"section_number":"37.2-819","catch_line":"Order of involuntary admission or mandatory outpatient treatment forwarded to CCRE; certain voluntary admissions forwarded to CCRE; firearm background check","order_by":null,"url":"\/37.2-819\/"},{"id":78780,"section_number":"37.2-820","catch_line":"Place of hearing","order_by":null,"url":"\/37.2-820\/"},{"id":80096,"section_number":"53.1-77","catch_line":"Jurisdiction of judge or magistrate of adopting county or city authorized to issue temporary detention orders","order_by":null,"url":"\/53.1-77\/"},{"id":67924,"section_number":"54.1-2983.2","catch_line":"Capacity; required determinations","order_by":null,"url":"\/54.1-2983.2\/"},{"id":83472,"section_number":"63.2-1805","catch_line":"Admissions and discharge; mandatory minimum liability insurance","order_by":null,"url":"\/63.2-1805\/"},{"id":54198,"section_number":"9.1-102","catch_line":"Powers and duties of the Board and the Department","order_by":null,"url":"\/9.1-102\/"}],"refers_to":[{"id":74002,"section_number":"19.2-169.6","catch_line":"Inpatient psychiatric hospital admission from local correctional facility","order_by":null,"url":"\/19.2-169.6\/"},{"id":86844,"section_number":"37.2-804","catch_line":"Fees and expenses","order_by":null,"url":"\/37.2-804\/"},{"id":77215,"section_number":"37.2-804.1","catch_line":"Use of electronic communication","order_by":null,"url":"\/37.2-804.1\/"},{"id":57446,"section_number":"37.2-804.2","catch_line":"(Effective July 1, 2026) Disclosure of records","order_by":null,"url":"\/37.2-804.2\/"},{"id":61742,"section_number":"37.2-808","catch_line":"(Effective July 1, 2026) Emergency custody; 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preadmission screening report","order_by":null,"url":"\/37.2-816\/"}],"permalink":{"id":210315,"object_type":"law","relational_id":70156,"identifier":"37.2-809","token":"37.2\/III\/8\/4\/37.2-809","url":"\/37.2-809\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-809\/","token":"37.2\/III\/8\/4\/37.2-809","dublin_core":{"Title":"(Effective July 1, 2026) Involuntary temporary detention; issuance and execution of order","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-809","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> For the purposes of this section:\n\t\t\t“Designee of the local community services board<\/span><\/span>” means an examiner designated by the local community services board<\/span> who (i) is skilled in the assessment and treatment of mental illness<\/span>, (ii) has completed a certification program approved by the Department<\/span>, (iii) is able to provide an independent examination of the person, (iv) is not related by blood or marriage to the person being evaluated, (v) has no financial interest in the admission or treatment of the person being evaluated, (vi) has no investment interest<\/span> in the facility<\/span> detaining or admitting the person under this article, and (vii) except for employees<\/span> of state hospitals<\/span> and of the U.S. Department<\/span> of Veterans Affairs, is not employed by the facility<\/span>.\n\t\t\t“Employee<\/span>” means an employee<\/span> of the local community services board<\/span> who is skilled in the assessment and treatment of mental illness<\/span> and has completed a certification program approved by the Department<\/span>.\n\t\t\t“Investment interest<\/span>” means the ownership or holding of an equity<\/span> or debt security, including shares of stock in a corporation, interests or units of a partnership, bonds<\/span>, debentures, notes, or other equity<\/span> or debt instruments. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> 1. A magistrate<\/span> shall issue<\/span>, upon the sworn petition<\/span> of any responsible person, treating physician, or upon his own motion<\/span> and only after an evaluation conducted in-person or by means of a two-way electronic video and audio communication system as authorized in \u00a7 37.2-804.1<\/a> by an employee<\/span> or a designee of the local community services board<\/span><\/span> to determine whether the person meets the criteria for temporary detention, a temporary detention order<\/span> if it appears from all evidence<\/span> readily available, including any recommendation from a physician, clinical psychologist, clinical social worker, or licensed professional counselor treating the person, that the person (i) has a mental illness<\/span> and that there exists a substantial likelihood that, as a result of mental illness<\/span>, the person will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (b) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs; (ii) is in need of hospitalization or treatment; and (iii) is unwilling to volunteer or incapable of volunteering for hospitalization or treatment. The magistrate<\/span> shall also consider, if available, (a) information provided by the person who initiated emergency custody<\/span> and (b) the recommendations of any treating or examining physician licensed in Virginia either verbally or in writing prior to rendering a decision. Any temporary detention order<\/span> entered pursuant to this section shall provide for the disclosure of medical records pursuant to \u00a7 37.2-804.2<\/a>. This subsection shall not preclude any other disclosures as required or permitted by law<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> If the magistrate<\/span> finds that the person does not meet the criteria for temporary detention and the employee<\/span> or designee of the community services board<\/span> or the certified evaluator has recommended that referral to a community-based outpatient stabilization program for voluntary treatment would be appropriate, the employee<\/span> or designee of the community services board<\/span> or the certified evaluator shall provide the person with such referral. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> When considering whether there is probable cause<\/span> to issue<\/span> a temporary detention order<\/span>, the magistrate<\/span> may, in addition to the petition<\/span>, consider (i) the recommendations of any treating or examining physician, psychologist, clinical social worker, or licensed professional counselor licensed in Virginia, if available, (ii) any past actions of the person, (iii) any past mental health treatment<\/span> of the person, (iv) any relevant hearsay<\/span> evidence<\/span>, (v) any medical records available, (vi) any affidavits<\/span> submitted, if the witness<\/span> is unavailable and it so states<\/span> in the affidavit<\/span>, and (vii) any other information available that the magistrate<\/span> considers relevant to the determination of whether probable cause<\/span> exists to issue<\/span> a temporary detention order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A magistrate<\/span> may issue<\/span> a temporary detention order<\/span> without an emergency custody order<\/span> proceeding. A magistrate<\/span> may issue<\/span> a temporary detention order<\/span> without a prior evaluation pursuant to subsection B if (i) the person has been personally examined within the previous 72 hours by an employee<\/span> or a designee of the local community services board<\/span><\/span> or (ii) there is a significant physical, psychological, or medical risk to the person or to others associated with conducting such evaluation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> An employee<\/span> or a designee of the local community services board<\/span><\/span> shall determine the facility<\/span> of temporary detention in accordance with the provisions of § 37.2-809.1<\/a> for all persons detained pursuant to this section. An employee<\/span> or designee of the local community services board<\/span><\/span> may change the facility<\/span> of temporary detention and may designate an alternative facility<\/span> for temporary detention at any point during the period of temporary detention if it is determined that the alternative facility<\/span> is a more appropriate facility<\/span> for temporary detention of the person given the specific security, medical, or behavioral health needs of the person. In cases in which the facility<\/span> of temporary detention is changed following transfer of custody to an initial facility<\/span> of temporary custody, transportation of the person to the alternative facility<\/span> of temporary detention shall be provided in accordance with the provisions of § 37.2-810<\/a>. The initial facility<\/span> of temporary detention shall be identified on the preadmission screening report and indicated on the temporary detention order<\/span>; however, if an employee<\/span> or designee of the local community services board<\/span><\/span> designates an alternative facility<\/span>, that employee<\/span> or designee shall provide written notice forthwith, on a form developed by the Executive Secretary of the Supreme Court<\/span> of Virginia, to the clerk of the issuing court<\/span> of the name and address of the alternative facility<\/span>. Subject to the provisions of § 37.2-809.1<\/a>, if a facility<\/span> of temporary detention cannot be identified by the time of the expiration of the period of emergency custody pursuant to § 37.2-808<\/a>, the person shall be detained in a state facility<\/span> for the treatment of persons with mental illness<\/span> and such facility<\/span> shall be indicated on the temporary detention order<\/span>. Except as provided in § 37.2-811<\/a> for inmates requiring hospitalization in accordance with subdivision A 2 of § 19.2-169.6<\/a>, the person shall not be detained in a jail or other place of confinement for persons charged with criminal offenses<\/span>. Except as provided in § 37.2-811<\/a> for inmates requiring hospitalization in accordance with subdivision A 2 of § 19.2-169.6<\/a> or in subsection C of § 37.2-813<\/a> for persons prior to transfer to the facility<\/span> of temporary detention, the person shall remain in the custody of law<\/span> enforcement until either (i) the person is detained within a secure facility<\/span> or (ii) custody has been accepted by the appropriate personnel designated by either the initial facility<\/span> of temporary detention identified in the temporary detention order<\/span> or by the alternative facility<\/span> of temporary detention designated by the employee<\/span> or designee of the local community services board<\/span><\/span> pursuant to this subsection. The person detained or in custody pursuant to this section shall be given a written summary of the temporary detention procedures and the statutory protections associated with those procedures. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Any facility<\/span> caring for a person placed with it pursuant to a temporary detention order<\/span> is authorized to provide emergency medical and psychiatric services within its capabilities when the facility<\/span> determines that the services are in the best interests of the person within its care. The costs incurred as a result of the hearings<\/span> and by the facility<\/span> in providing services during the period of temporary detention shall be paid and recovered pursuant to § 37.2-804<\/a>. The maximum costs reimbursable by the Commonwealth pursuant to this section shall be established by the State Board of Medical Assistance Services based on reasonable criteria. The State Board of Medical Assistance Services shall, by regulation, establish a reasonable rate per day of inpatient care for temporary detention. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The employee<\/span> or the designee of the local community services board<\/span><\/span> who is conducting the evaluation pursuant to this section shall determine, prior to the issuance of the temporary detention order<\/span>, the insurance status of the person. Where coverage by a third party<\/span> payor exists, the facility<\/span> seeking reimbursement under this section shall first seek reimbursement from the third party<\/span> payor. The Commonwealth shall reimburse the facility<\/span> only for the balance of costs remaining after the allowances covered by the third party<\/span> payor have been received. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The duration of temporary detention shall be sufficient to allow for completion of the examination required by § 37.2-815<\/a>, preparation of the preadmission screening report required by § 37.2-816<\/a>, and initiation of mental health treatment<\/span> to stabilize the person’s psychiatric condition to avoid involuntary commitment where possible, but shall not exceed 72 hours prior to a hearing<\/span>. If the 72-hour period herein specified terminates on a Saturday, Sunday, legal holiday, or, if the individual<\/span> has been admitted to a facility<\/span> of temporary detention, day or part of a day on which the clerk’s office is lawfully closed, the person may be detained, as herein provided, until the close of business on the next day that is not a Saturday, Sunday, legal holiday, or, if the individual<\/span> has been admitted to a facility<\/span> of temporary detention, day or part of a day on which the clerk’s office is lawfully closed. The person may be released, pursuant to § 37.2-813<\/a>, before the 72-hour period herein specified has run. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> If a temporary detention order<\/span> is not executed within 24 hours of its issuance, or within a shorter period as is specified in the order<\/span>, the order<\/span> shall be void and shall be returned unexecuted to the office of the clerk of the issuing court<\/span> or, if the office is not open, to any magistrate<\/span> serving the jurisdiction<\/span> of the issuing court<\/span>. Subsequent orders<\/span> may be issued upon the original petition<\/span> within 96 hours after the petition<\/span> is filed. However, a magistrate<\/span> must again obtain the advice of an employee<\/span> or a designee of the local community services board<\/span><\/span> prior to issuing a subsequent order<\/span> upon the original petition<\/span>. Any petition<\/span> for which no temporary detention order<\/span> or other process in connection therewith is served on the subject of the petition<\/span> within 96 hours after the petition<\/span> is filed shall be void and shall be returned to the office of the clerk of the issuing court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

J.<\/span> The Executive Secretary of the Supreme Court<\/span> of Virginia shall establish and require that a magistrate<\/span>, as provided by this section, be available seven days a week, 24 hours a day, for the purpose of performing the duties established by this section. Each community services board<\/span> shall provide to each general district court<\/span> and magistrate<\/span>’s office within its service area<\/span> a list of its employees<\/span> and designees who are available to perform the evaluations required herein. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

K.<\/span> For purposes of this section, a health care provider or designee of a local community services board<\/span> or behavioral health authority<\/span> shall not be required to encrypt any email containing information or medical records provided to a magistrate<\/span> unless there is reason to believe that a third party<\/span> will attempt to intercept the email. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

L.<\/span> If the employee<\/span> or designee of the community services board<\/span> who is conducting the evaluation pursuant to this section recommends that the person should not be subject to a temporary detention order<\/span>, such employee<\/span> or designee shall (i) inform the petitioner, the person who initiated emergency custody<\/span> if such person is present, and an onsite treating physician of his recommendation; (ii) promptly inform such person who initiated emergency custody<\/span> that the community services board<\/span> will facilitate communication between the person and the magistrate<\/span> if the person disagrees with recommendations of the employee<\/span> or designee of the community services board<\/span> who conducted the evaluation and the person who initiated emergency custody<\/span> so requests; (iii) upon prompt request made by the person who initiated emergency custody<\/span>, arrange for such person who initiated emergency custody<\/span> to communicate with the magistrate<\/span> as soon as is practicable and prior to the expiration of the period of emergency custody; and (iv) provide a referral to the person to a community-based outpatient stabilization program for voluntary treatment if appropriate. The magistrate<\/span> shall consider any information provided by the person who initiated emergency custody<\/span> and any recommendations of the treating or examining physician and the employee<\/span> or designee of the community services board<\/span> who conducted the evaluation and consider such information and recommendations in accordance with subsection B in making his determination to issue<\/span> a temporary detention order<\/span>. The person who is the subject of emergency custody shall remain in the custody of law<\/span> enforcement or a designee of law<\/span> enforcement and shall not be released from emergency custody until communication with the magistrate<\/span> pursuant to this subsection has concluded and the magistrate<\/span> has made a determination regarding issuance of a temporary detention order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

M.<\/span> For purposes of this section, “person who initiated emergency custody<\/span>” means any person who initiated the issuance of an emergency custody order<\/span> pursuant to § 37.2-808<\/a> or a law<\/span>-enforcement officer who takes a person into custody pursuant to subsection G of § 37.2-808<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

N.<\/span> In any case in which a person subject to an evaluation pursuant to this section is receiving services in a hospital emergency department<\/span>, the treating physician or his designee and the employee<\/span> or designee of the local community services board<\/span><\/span> shall disclose to each other relevant information pertaining to the individual<\/span>’s treatment in the emergency department<\/span>. The (i) evaluator conducting the evaluation pursuant to subsection B of § 37.2-808<\/a> and the provisions of this section or (ii) hospital emergency department<\/span> and treating physician or other health care provider designated by the physician shall allow a family member<\/span> or legal guardian of the individual<\/span> subject to evaluation who is present, and who may provide support and supportive decision-making, to be present with the individual<\/span> unless the individual<\/span> objects<\/span> or the evaluator or treating physician determines that the presence of any such person would create a medical, clinical, or safety risk to the patient or health care provider or interferes with patient care. No provision of this section shall delay the process of the patient receiving treatment. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) INVOLUNTARY TEMPORARY DETENTION; ISSUANCE AND EXECUTION\nOF ORDER (\u00a7 37.2-809)\n\nA. For the purposes of this section:\n\t\t\t“Designee of the local community services board” means an\nexaminer designated by the local community services board who (i) is skilled in\nthe assessment and treatment of mental illness, (ii) has completed a\ncertification program approved by the Department, (iii) is able to provide an\nindependent examination of the person, (iv) is not related by blood or marriage\nto the person being evaluated, (v) has no financial interest in the admission or\ntreatment of the person being evaluated, (vi) has no investment interest in the\nfacility detaining or admitting the person under this article, and (vii) except\nfor employees of state hospitals and of the U.S. Department of Veterans Affairs,\nis not employed by the facility.\n\t\t\t“Employee” means an employee of the local community services\nboard who is skilled in the assessment and treatment of mental illness and has\ncompleted a certification program approved by the Department.\n\t\t\t“Investment interest” means the ownership or holding of an equity\nor debt security, including shares of stock in a corporation, interests or units\nof a partnership, bonds, debentures, notes, or other equity or debt instruments.\n\nB. 1. A magistrate shall issue, upon the sworn petition of any responsible\nperson, treating physician, or upon his own motion and only after an evaluation\nconducted in-person or by means of a two-way electronic video and audio\ncommunication system as authorized in \u00a7 37.2-804.1 by an employee or a designee\nof the local community services board to determine whether the person meets the\ncriteria for temporary detention, a temporary detention order if it appears from\nall evidence readily available, including any recommendation from a physician,\nclinical psychologist, clinical social worker, or licensed professional\ncounselor treating the person, that the person (i) has a mental illness and that\nthere exists a substantial likelihood that, as a result of mental illness, the\nperson will, in the near future, (a) cause serious physical harm to himself or\nothers as evidenced by recent behavior causing, attempting, or threatening harm\nand other relevant information, if any, or (b) suffer serious harm due to his\nlack of capacity to protect himself from harm or to provide for his basic human\nneeds; (ii) is in need of hospitalization or treatment; and (iii) is unwilling\nto volunteer or incapable of volunteering for hospitalization or treatment. The\nmagistrate shall also consider, if available, (a) information provided by the\nperson who initiated emergency custody and (b) the recommendations of any\ntreating or examining physician licensed in Virginia either verbally or in\nwriting prior to rendering a decision. Any temporary detention order entered\npursuant to this section shall provide for the disclosure of medical records\npursuant to \u00a7 37.2-804.2. This subsection shall not preclude any other\ndisclosures as required or permitted by law.\n\n 2. If the magistrate finds that the person does not meet the criteria for\n temporary detention and the employee or designee of the community services\n board or the certified evaluator has recommended that referral to a\n community-based outpatient stabilization program for voluntary treatment would\n be appropriate, the employee or designee of the community services board or\n the certified evaluator shall provide the person with such referral.\n\nC. When considering whether there is probable cause to issue a temporary\ndetention order, the magistrate may, in addition to the petition, consider (i)\nthe recommendations of any treating or examining physician, psychologist,\nclinical social worker, or licensed professional counselor licensed in Virginia,\nif available, (ii) any past actions of the person, (iii) any past mental health\ntreatment of the person, (iv) any relevant hearsay evidence, (v) any medical\nrecords available, (vi) any affidavits submitted, if the witness is unavailable\nand it so states in the affidavit, and (vii) any other information available\nthat the magistrate considers relevant to the determination of whether probable\ncause exists to issue a temporary detention order.\n\nD. A magistrate may issue a temporary detention order without an emergency\ncustody order proceeding. A magistrate may issue a temporary detention order\nwithout a prior evaluation pursuant to subsection B if (i) the person has been\npersonally examined within the previous 72 hours by an employee or a designee of\nthe local community services board or (ii) there is a significant physical,\npsychological, or medical risk to the person or to others associated with\nconducting such evaluation.\n\nE. An employee or a designee of the local community services board shall\ndetermine the facility of temporary detention in accordance with the provisions\nof § 37.2-809.1 for all persons detained pursuant to this section. An\nemployee or designee of the local community services board may change the\nfacility of temporary detention and may designate an alternative facility for\ntemporary detention at any point during the period of temporary detention if it\nis determined that the alternative facility is a more appropriate facility for\ntemporary detention of the person given the specific security, medical, or\nbehavioral health needs of the person. In cases in which the facility of\ntemporary detention is changed following transfer of custody to an initial\nfacility of temporary custody, transportation of the person to the alternative\nfacility of temporary detention shall be provided in accordance with the\nprovisions of § 37.2-810. The initial facility of temporary detention shall\nbe identified on the preadmission screening report and indicated on the\ntemporary detention order; however, if an employee or designee of the local\ncommunity services board designates an alternative facility, that employee or\ndesignee shall provide written notice forthwith, on a form developed by the\nExecutive Secretary of the Supreme Court of Virginia, to the clerk of the\nissuing court of the name and address of the alternative facility. Subject to\nthe provisions of § 37.2-809.1, if a facility of temporary detention cannot\nbe identified by the time of the expiration of the period of emergency custody\npursuant to § 37.2-808, the person shall be detained in a state facility\nfor the treatment of persons with mental illness and such facility shall be\nindicated on the temporary detention order. Except as provided in §\n37.2-811 for inmates requiring hospitalization in accordance with subdivision A\n2 of § 19.2-169.6, the person shall not be detained in a jail or other\nplace of confinement for persons charged with criminal offenses. Except as\nprovided in § 37.2-811 for inmates requiring hospitalization in accordance\nwith subdivision A 2 of § 19.2-169.6 or in subsection C of § 37.2-813\nfor persons prior to transfer to the facility of temporary detention, the person\nshall remain in the custody of law enforcement until either (i) the person is\ndetained within a secure facility or (ii) custody has been accepted by the\nappropriate personnel designated by either the initial facility of temporary\ndetention identified in the temporary detention order or by the alternative\nfacility of temporary detention designated by the employee or designee of the\nlocal community services board pursuant to this subsection. The person detained\nor in custody pursuant to this section shall be given a written summary of the\ntemporary detention procedures and the statutory protections associated with\nthose procedures.\n\nF. Any facility caring for a person placed with it pursuant to a temporary\ndetention order is authorized to provide emergency medical and psychiatric\nservices within its capabilities when the facility determines that the services\nare in the best interests of the person within its care. The costs incurred as a\nresult of the hearings and by the facility in providing services during the\nperiod of temporary detention shall be paid and recovered pursuant to §\n37.2-804. The maximum costs reimbursable by the Commonwealth pursuant to this\nsection shall be established by the State Board of Medical Assistance Services\nbased on reasonable criteria. The State Board of Medical Assistance Services\nshall, by regulation, establish a reasonable rate per day of inpatient care for\ntemporary detention.\n\nG. The employee or the designee of the local community services board who is\nconducting the evaluation pursuant to this section shall determine, prior to the\nissuance of the temporary detention order, the insurance status of the person.\nWhere coverage by a third party payor exists, the facility seeking reimbursement\nunder this section shall first seek reimbursement from the third party payor.\nThe Commonwealth shall reimburse the facility only for the balance of costs\nremaining after the allowances covered by the third party payor have been\nreceived.\n\nH. The duration of temporary detention shall be sufficient to allow for\ncompletion of the examination required by § 37.2-815, preparation of the\npreadmission screening report required by § 37.2-816, and initiation of\nmental health treatment to stabilize the person’s psychiatric condition to\navoid involuntary commitment where possible, but shall not exceed 72 hours prior\nto a hearing. If the 72-hour period herein specified terminates on a Saturday,\nSunday, legal holiday, or, if the individual has been admitted to a facility of\ntemporary detention, day or part of a day on which the clerk’s office is\nlawfully closed, the person may be detained, as herein provided, until the close\nof business on the next day that is not a Saturday, Sunday, legal holiday, or,\nif the individual has been admitted to a facility of temporary detention, day or\npart of a day on which the clerk’s office is lawfully closed. The person\nmay be released, pursuant to § 37.2-813, before the 72-hour period herein\nspecified has run.\n\nI. If a temporary detention order is not executed within 24 hours of its\nissuance, or within a shorter period as is specified in the order, the order\nshall be void and shall be returned unexecuted to the office of the clerk of the\nissuing court or, if the office is not open, to any magistrate serving the\njurisdiction of the issuing court. Subsequent orders may be issued upon the\noriginal petition within 96 hours after the petition is filed. However, a\nmagistrate must again obtain the advice of an employee or a designee of the\nlocal community services board prior to issuing a subsequent order upon the\noriginal petition. Any petition for which no temporary detention order or other\nprocess in connection therewith is served on the subject of the petition within\n96 hours after the petition is filed shall be void and shall be returned to the\noffice of the clerk of the issuing court.\n\nJ. The Executive Secretary of the Supreme Court of Virginia shall establish and\nrequire that a magistrate, as provided by this section, be available seven days\na week, 24 hours a day, for the purpose of performing the duties established by\nthis section. Each community services board shall provide to each general\ndistrict court and magistrate’s office within its service area a list of\nits employees and designees who are available to perform the evaluations\nrequired herein.\n\nK. For purposes of this section, a health care provider or designee of a local\ncommunity services board or behavioral health authority shall not be required to\nencrypt any email containing information or medical records provided to a\nmagistrate unless there is reason to believe that a third party will attempt to\nintercept the email.\n\nL. If the employee or designee of the community services board who is conducting\nthe evaluation pursuant to this section recommends that the person should not be\nsubject to a temporary detention order, such employee or designee shall (i)\ninform the petitioner, the person who initiated emergency custody if such person\nis present, and an onsite treating physician of his recommendation; (ii)\npromptly inform such person who initiated emergency custody that the community\nservices board will facilitate communication between the person and the\nmagistrate if the person disagrees with recommendations of the employee or\ndesignee of the community services board who conducted the evaluation and the\nperson who initiated emergency custody so requests; (iii) upon prompt request\nmade by the person who initiated emergency custody, arrange for such person who\ninitiated emergency custody to communicate with the magistrate as soon as is\npracticable and prior to the expiration of the period of emergency custody; and\n(iv) provide a referral to the person to a community-based outpatient\nstabilization program for voluntary treatment if appropriate. The magistrate\nshall consider any information provided by the person who initiated emergency\ncustody and any recommendations of the treating or examining physician and the\nemployee or designee of the community services board who conducted the\nevaluation and consider such information and recommendations in accordance with\nsubsection B in making his determination to issue a temporary detention order.\nThe person who is the subject of emergency custody shall remain in the custody\nof law enforcement or a designee of law enforcement and shall not be released\nfrom emergency custody until communication with the magistrate pursuant to this\nsubsection has concluded and the magistrate has made a determination regarding\nissuance of a temporary detention order.\n\nM. For purposes of this section, “person who initiated emergency\ncustody” means any person who initiated the issuance of an emergency\ncustody order pursuant to § 37.2-808 or a law-enforcement officer who takes\na person into custody pursuant to subsection G of § 37.2-808.\n\nN. In any case in which a person subject to an evaluation pursuant to this\nsection is receiving services in a hospital emergency department, the treating\nphysician or his designee and the employee or designee of the local community\nservices board shall disclose to each other relevant information pertaining to\nthe individual’s treatment in the emergency department. The (i) evaluator\nconducting the evaluation pursuant to subsection B of § 37.2-808 and the\nprovisions of this section or (ii) hospital emergency department and treating\nphysician or other health care provider designated by the physician shall allow\na family member or legal guardian of the individual subject to evaluation who is\npresent, and who may provide support and supportive decision-making, to be\npresent with the individual unless the individual objects or the evaluator or\ntreating physician determines that the presence of any such person would create\na medical, clinical, or safety risk to the patient or health care provider or\ninterferes with patient care. No provision of this section shall delay the\nprocess of the patient receiving treatment.\n\nHISTORY: 1974, c. 351, \u00a7 37.1-67.1; 1975, cc. 237, 433; 1976, c. 671, \u00a7\n37.1-67.4; 1980, c. 582; 1981, cc. 233, 463; 1982, c. 435; 1986, cc. 134, 478,\n629; 1987, c. 96; 1988, c. 98; 1989, c. 716; 1990, cc. 429, 728; 1991, c. 159;\n1992, c. 566; 1995, c. 844; 1996, cc. 343, 893; 1998, cc. 37, 594, 611; 2004, c.\n737; 2005, c. 716; 2007, c. 526; 2008, cc. 331, 551, 691, 728, 779, 782, 793,\n828, 850, 870; 2009, cc. 455, 555; 2010, cc. 340, 406, 778, 825; 2013, cc. 87,\n321; 2014, cc. 499, 538, 675, 691, 761, 773; 2016, cc. 569, 693; 2020, c. 945;\n2022, cc. 473, 474, 482, 509; 2023, cc. 168, 169, 636; 2024, cc. 649, 682, 780;\n2025, 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}}