{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-813.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-813.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-813.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-813.html"}],"law_id":69246,"edition_id":1,"section_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","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; 2008, cc. 779, 850, 870; 2010, cc. 778, 825; 2022, c. 763; 2023, cc. 168, 169; 2024, c. 780; 2025, c. 504.","full_text":"A\n\nPrior to a hearing as authorized in §§ 37.2-814 through 37.2-819, the district court judge or special justice may release the person on his personal recognizance or bond set by the district court judge or special justice if it appears from all evidence readily available that the person does not meet the commitment criteria specified in subsection C of § 37.2-817.B\n\nThe director of any facility in which the person is detained may release the person prior to a hearing as authorized in §§ 37.2-814 through 37.2-819 if it appears, based on an evaluation conducted by the psychiatrist or clinical psychologist treating the person, that the person would not meet the commitment criteria specified in subsection C of § 37.2-817 if released. Prior to the person’s release under this subsection, the director shall consider, based on an evaluation conducted by the psychiatrist or clinical psychologist treating the person, whether referral of the person to a community-based outpatient stabilization program for voluntary treatment is appropriate.C\n\nFor any person under a temporary detention order pursuant to § 37.2-809, prior to transport to the facility of temporary detention, the director of the facility in which the person is located may release the person if an employee or a designee of the local community services board, as those terms are defined in § 37.2-809, in consultation with the person’s treating physician, (i) conducts an evaluation of the person, (ii) determines that the person no longer meets the commitment criteria specified in subsection C of § 37.2-817, (iii) authorizes the release of the person, and (iv) provides a discharge plan. The director and the person’s treating physician shall consider referral to a community-based outpatient stabilization program for voluntary treatment in forming the person’s discharge plan under this subsection.","order_by":null,"text":{"0":{"id":250530,"text":"Prior to a hearing as authorized in §§ 37.2-814 through 37.2-819, the district court judge or special justice may release the person on his personal recognizance or bond set by the district court judge or special justice if it appears from all evidence readily available that the person does not meet the commitment criteria specified in subsection C of § 37.2-817.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":250531,"text":"The director of any facility in which the person is detained may release the person prior to a hearing as authorized in §§ 37.2-814 through 37.2-819 if it appears, based on an evaluation conducted by the psychiatrist or clinical psychologist treating the person, that the person would not meet the commitment criteria specified in subsection C of § 37.2-817 if released. Prior to the person’s release under this subsection, the director shall consider, based on an evaluation conducted by the psychiatrist or clinical psychologist treating the person, whether referral of the person to a community-based outpatient stabilization program for voluntary treatment is appropriate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":250532,"text":"For any person under a temporary detention order pursuant to § 37.2-809, prior to transport to the facility of temporary detention, the director of the facility in which the person is located may release the person if an employee or a designee of the local community services board, as those terms are defined in § 37.2-809, in consultation with the person’s treating physician, (i) conducts an evaluation of the person, (ii) determines that the person no longer meets the commitment criteria specified in subsection C of § 37.2-817, (iii) authorizes the release of the person, and (iv) provides a discharge plan. The director and the person’s treating physician shall consider referral to a community-based outpatient stabilization program for voluntary treatment in forming the person’s discharge plan under this subsection.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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":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\/37.2-813\/","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 22 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 2008, chapters 779<\/a>, 850<\/a>, and 870<\/a>; in 2010, chapters 778<\/a> and 825<\/a>; in 2022, chapter 763<\/a>; in 2023, chapters 168<\/a> and 169<\/a>; in 2024, chapter 780<\/a>; in 2025, chapter 504<\/a>.<\/p>","references":[{"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":85041,"section_number":"37.2-1102","catch_line":"Certain actions may not be authorized","order_by":null,"url":"\/37.2-1102\/"},{"id":66636,"section_number":"37.2-802","catch_line":"Interpreters in admission or certification proceedings","order_by":null,"url":"\/37.2-802\/"},{"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":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":83472,"section_number":"63.2-1805","catch_line":"Admissions and discharge; mandatory minimum liability insurance","order_by":null,"url":"\/63.2-1805\/"}],"refers_to":[{"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":61292,"section_number":"37.2-817","catch_line":"(Effective July 1, 2026) Involuntary admission","order_by":null,"url":"\/37.2-817\/"},{"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\/"}],"permalink":{"id":210335,"object_type":"law","relational_id":69246,"identifier":"37.2-813","token":"37.2\/III\/8\/4\/37.2-813","url":"\/37.2-813\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-813\/","token":"37.2\/III\/8\/4\/37.2-813","dublin_core":{"Title":"(Effective July 1, 2026) Release of person prior to commitment hearing for involuntary admission","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-813","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Prior to a hearing<\/span> as authorized in §§ 37.2-814<\/a> through 37.2-819<\/a>, the district court<\/span> judge<\/span> or special justice<\/span> may release the person on his personal recognizance<\/span> or bond<\/span> set by the district court<\/span> judge<\/span> or special justice<\/span> if it appears from all evidence<\/span> readily available that the person does not meet the commitment criteria specified in subsection C of § 37.2-817<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The director of any facility<\/span> in which the person is detained may release the person prior to a hearing<\/span> as authorized in §§ 37.2-814<\/a> through 37.2-819<\/a> if it appears, based on an evaluation conducted by the psychiatrist or clinical psychologist treating the person, that the person would not meet the commitment criteria specified in subsection C of § 37.2-817<\/a> if released. Prior to the person’s release under this subsection, the director shall consider, based on an evaluation conducted by the psychiatrist or clinical psychologist treating the person, whether referral of the person to a community-based outpatient stabilization program for voluntary treatment is appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> For any person under a temporary detention order<\/span> pursuant to § 37.2-809<\/a>, prior to transport to the facility<\/span> of temporary detention, the director of the facility<\/span> in which the person is located may release the person if an employee or a designee of the local community services board<\/span>, as those terms are defined in § 37.2-809<\/a>, in consultation with the person’s treating physician, (i) conducts an evaluation of the person, (ii) determines that the person no longer meets the commitment criteria specified in subsection C of § 37.2-817<\/a>, (iii) authorizes the release of the person, and (iv) provides a discharge plan. The director and the person’s treating physician shall consider referral to a community-based outpatient stabilization program for voluntary treatment in forming the person’s discharge plan under this subsection. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) RELEASE OF PERSON PRIOR TO COMMITMENT HEARING FOR\nINVOLUNTARY ADMISSION (\u00a7 37.2-813)\n\nA. Prior to a hearing as authorized in §§ 37.2-814 through 37.2-819,\nthe district court judge or special justice may release the person on his\npersonal recognizance or bond set by the district court judge or special justice\nif it appears from all evidence readily available that the person does not meet\nthe commitment criteria specified in subsection C of § 37.2-817.\n\nB. The director of any facility in which the person is detained may release the\nperson prior to a hearing as authorized in §§ 37.2-814 through\n37.2-819 if it appears, based on an evaluation conducted by the psychiatrist or\nclinical psychologist treating the person, that the person would not meet the\ncommitment criteria specified in subsection C of § 37.2-817 if released.\nPrior to the person’s release under this subsection, the director shall\nconsider, based on an evaluation conducted by the psychiatrist or clinical\npsychologist treating the person, whether referral of the person to a\ncommunity-based outpatient stabilization program for voluntary treatment is\nappropriate.\n\nC. For any person under a temporary detention order pursuant to § 37.2-809,\nprior to transport to the facility of temporary detention, the director of the\nfacility in which the person is located may release the person if an employee or\na designee of the local community services board, as those terms are defined in\n§ 37.2-809, in consultation with the person’s treating physician, (i)\nconducts an evaluation of the person, (ii) determines that the person no longer\nmeets the commitment criteria specified in subsection C of § 37.2-817,\n(iii) authorizes the release of the person, and (iv) provides a discharge plan.\nThe director and the person’s treating physician shall consider referral\nto a community-based outpatient stabilization program for voluntary treatment in\nforming the person’s discharge plan under this subsection.\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; 2008, cc. 779, 850,\n870; 2010, cc. 778, 825; 2022, c. 763; 2023, cc. 168, 169; 2024, c. 780; 2025,\nc. 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}}