{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-811.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-811.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-811.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-811.html"}],"law_id":68064,"edition_id":1,"section_id":68064,"structure_id":15915,"section_number":"37.2-811","catch_line":"Emergency treatment of inmates in the custody of local correctional facilities","history":"1974, c. 351, \u00a7 37.1-67.1; 1975, cc. 237, 433; 1976, c. 671; 1980, c. 582; 1981, c. 463; 1986, cc. 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; 2010, cc. 340, 406.","full_text":"A\n\nIn any case in which temporary detention is ordered pursuant to § 37.2-809 upon petition of a person having custody of an inmate in accordance with subdivision A 2 of § 19.2-169.6, the magistrate executing the temporary detention order shall place the person in a hospital designated by the Commissioner as appropriate for treatment and evaluation of persons under a criminal charge or, if such facility is not available, the inmate shall be detained in a local correctional facility or other place of confinement for persons charged with criminal offenses and shall be transferred to such hospital as soon as possible thereafter.B\n\nThe hearing shall be held, upon notice to the attorney for the inmate, either (i) before the court having jurisdiction over the inmate’s case or (ii) before a district court judge or special justice in accordance with the provisions of § 37.2-820, in which case the inmate shall be represented by counsel as specified in § 37.2-814.","order_by":null,"text":{"0":{"id":246449,"text":"In any case in which temporary detention is ordered pursuant to § 37.2-809 upon petition of a person having custody of an inmate in accordance with subdivision A 2 of § 19.2-169.6, the magistrate executing the temporary detention order shall place the person in a hospital designated by the Commissioner as appropriate for treatment and evaluation of persons under a criminal charge or, if such facility is not available, the inmate shall be detained in a local correctional facility or other place of confinement for persons charged with criminal offenses and shall be transferred to such hospital as soon as possible thereafter.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":246450,"text":"The hearing shall be held, upon notice to the attorney for the inmate, either (i) before the court having jurisdiction over the inmate’s case or (ii) before a district court judge or special justice in accordance with the provisions of § 37.2-820, in which case the inmate shall be represented by counsel as specified in § 37.2-814.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-811\/","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 17 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, chapter 463; in 1986, chapters 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 2010, chapters 340<\/a> and 406<\/a>.<\/p>","references":[{"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\/"}],"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":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\/"},{"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":78780,"section_number":"37.2-820","catch_line":"Place of hearing","order_by":null,"url":"\/37.2-820\/"}],"permalink":{"id":210327,"object_type":"law","relational_id":68064,"identifier":"37.2-811","token":"37.2\/III\/8\/4\/37.2-811","url":"\/37.2-811\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-811\/","token":"37.2\/III\/8\/4\/37.2-811","dublin_core":{"Title":"Emergency treatment of inmates in the custody of local correctional facilities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-811","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In any case in which temporary detention is ordered pursuant to § 37.2-809<\/a> upon petition<\/span> of a person having custody<\/span> of an inmate in accordance with subdivision A 2 of § 19.2-169.6<\/a>, the magistrate<\/span> executing the temporary detention order<\/span> shall place the person in a hospital designated by the Commissioner<\/span> as appropriate for treatment and evaluation of persons under a criminal charge or, if such facility<\/span> is not available, the inmate shall be detained in a local correctional facility<\/span> or other place of confinement for persons charged with criminal offenses<\/span> and shall be transferred to such hospital as soon as possible thereafter. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The hearing<\/span> shall be held, upon notice to the attorney for the inmate, either (i) before the court<\/span> having jurisdiction<\/span> over the inmate’s case or (ii) before a district court<\/span> judge<\/span> or special justice<\/span> in accordance with the provisions of § 37.2-820<\/a>, in which case the inmate shall be represented by counsel<\/span> as specified in § 37.2-814<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEMERGENCY TREATMENT OF INMATES IN THE CUSTODY OF LOCAL CORRECTIONAL FACILITIES\n(\u00a7 37.2-811)\n\nA. In any case in which temporary detention is ordered pursuant to §\n37.2-809 upon petition of a person having custody of an inmate in accordance\nwith subdivision A 2 of § 19.2-169.6, the magistrate executing the\ntemporary detention order shall place the person in a hospital designated by the\nCommissioner as appropriate for treatment and evaluation of persons under a\ncriminal charge or, if such facility is not available, the inmate shall be\ndetained in a local correctional facility or other place of confinement for\npersons charged with criminal offenses and shall be transferred to such hospital\nas soon as possible thereafter.\n\nB. The hearing shall be held, upon notice to the attorney for the inmate, either\n(i) before the court having jurisdiction over the inmate’s case or (ii)\nbefore a district court judge or special justice in accordance with the\nprovisions of § 37.2-820, in which case the inmate shall be represented by\ncounsel as specified in § 37.2-814.\n\nHISTORY: 1974, c. 351, \u00a7 37.1-67.1; 1975, cc. 237, 433; 1976, c. 671; 1980, c.\n582; 1981, c. 463; 1986, cc. 478, 629; 1987, c. 96; 1988, c. 98; 1989, c. 716;\n1990, cc. 429, 728; 1991, c. 159; 1992, c. 566; 1995, c. 844; 1996, cc. 343,\n893; 1998, cc. 37, 594, 611; 2004, c. 737; 2005, c. 716; 2010, cc. 340, 406.","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}}