{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-814.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-814.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-814.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-814.html"}],"law_id":68004,"edition_id":1,"section_id":68004,"structure_id":14586,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","history":"1976, c. 671, \u00a7 37.1-67.3; 1979, c. 426; 1980, cc. 166, 582; 1982, c. 471; 1984, c. 277; 1985, c. 261; 1986, cc. 349, 609; 1988, c. 225; 1989, c. 716; 1990, cc. 59, 60, 728, 798; 1991, c. 636; 1992, c. 752; 1994, cc. 736, 907; 1995, cc. 489, 668, 844; 1996, cc. 343, 893; 1997, cc. 558, 921; 1998, c. 446; 2001, cc. 478, 479, 507, 658, 837; 2004, cc. 66, 1014; 2005, c. 716; 2008, cc. 751, 788, 850, 870; 2009, c. 647; 2014, cc. 499, 538, 691.","full_text":"A\n\nThe commitment hearing for involuntary admission shall be held after a sufficient period of time has passed 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 be held within 72 hours of the execution of the temporary detention order as provided for in § 37.2-809; however, if the 72-hour period herein specified terminates on a Saturday, Sunday, legal holiday, or day on which the court 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 day on which the court is lawfully closed.B\n\nAt the commencement of the commitment hearing, the district court judge or special justice shall inform the person whose involuntary admission is being sought of his right to apply for voluntary admission for inpatient treatment as provided for in § 37.2-805 and shall afford the person an opportunity for voluntary admission. The district court judge or special justice shall advise the person whose involuntary admission is being sought that if the person chooses to be voluntarily admitted pursuant to § 37.2-805, such person will be prohibited from possessing, purchasing, or transporting a firearm pursuant to § 18.2-308.1:3. The judge or special justice shall ascertain if the person is then willing and capable of seeking voluntary admission for inpatient treatment. In determining whether a person is capable of consenting to voluntary admission, the judge or special justice may consider evidence regarding the person’s past compliance or noncompliance with treatment. If the judge or special justice finds that the person is capable and willingly accepts voluntary admission for inpatient treatment, the judge or special justice shall require him to accept voluntary admission for a minimum period of treatment not to exceed 72 hours. After such minimum period of treatment, the person shall give the facility 48 hours’ notice prior to leaving the facility. During this notice period, the person shall not be discharged except as provided in § 37.2-837, 37.2-838, or 37.2-840. The person shall be subject to the transportation provisions as provided in § 37.2-829 and the requirement for preadmission screening by a community services board as provided in § 37.2-805.C\n\nIf a person is incapable of accepting or unwilling to accept voluntary admission and treatment, the judge or special justice shall inform the person of his right to a commitment hearing and right to counsel. The judge or special justice shall ascertain if the person whose admission is sought is represented by counsel, and, if he is not represented by counsel, the judge or special justice shall appoint an attorney to represent him. However, if the person requests an opportunity to employ counsel, the judge or special justice shall give him a reasonable opportunity to employ counsel at his own expense.D\n\nA written explanation of the involuntary admission process and the statutory protections associated with the process shall be given to the person, and its contents shall be explained by an attorney prior to the commitment hearing. The written explanation shall describe, at a minimum, the person’s rights to (i) retain private counsel or be represented by a court-appointed attorney, (ii) present any defenses including independent evaluation and expert testimony or the testimony of other witnesses, (iii) be present during the hearing and testify, (iv) appeal any order for involuntary admission to the circuit court, and (v) have a jury trial on appeal. The judge or special justice shall ascertain whether the person whose involuntary admission is sought has been given the written explanation required herein.E\n\nTo the extent possible, during or before the commitment hearing, the attorney for the person whose involuntary admission is sought shall interview his client, the petitioner, the examiner described in § 37.2-815, the community services board staff, and any other material witnesses. He also shall examine all relevant diagnostic and other reports, present evidence and witnesses, if any, on his client’s behalf, and otherwise actively represent his client in the proceedings. A health care provider shall disclose or make available all such reports, treatment information, and records concerning his client to the attorney, upon request. The role of the attorney shall be to represent the wishes of his client, to the extent possible.F\n\nThe petitioner shall be given adequate notice of the place, date, and time of the commitment hearing. The petitioner shall be entitled to retain counsel at his own expense, to be present during the hearing, and to testify and present evidence. The petitioner shall be encouraged but shall not be required to testify at the hearing, and the person whose involuntary admission is sought shall not be released solely on the basis of the petitioner’s failure to attend or testify during the hearing.","order_by":null,"text":{"0":{"id":246218,"text":"The commitment hearing for involuntary admission shall be held after a sufficient period of time has passed 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 be held within 72 hours of the execution of the temporary detention order as provided for in § 37.2-809; however, if the 72-hour period herein specified terminates on a Saturday, Sunday, legal holiday, or day on which the court 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 day on which the court is lawfully closed.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":246219,"text":"At the commencement of the commitment hearing, the district court judge or special justice shall inform the person whose involuntary admission is being sought of his right to apply for voluntary admission for inpatient treatment as provided for in § 37.2-805 and shall afford the person an opportunity for voluntary admission. The district court judge or special justice shall advise the person whose involuntary admission is being sought that if the person chooses to be voluntarily admitted pursuant to § 37.2-805, such person will be prohibited from possessing, purchasing, or transporting a firearm pursuant to § 18.2-308.1:3. The judge or special justice shall ascertain if the person is then willing and capable of seeking voluntary admission for inpatient treatment. In determining whether a person is capable of consenting to voluntary admission, the judge or special justice may consider evidence regarding the person’s past compliance or noncompliance with treatment. If the judge or special justice finds that the person is capable and willingly accepts voluntary admission for inpatient treatment, the judge or special justice shall require him to accept voluntary admission for a minimum period of treatment not to exceed 72 hours. After such minimum period of treatment, the person shall give the facility 48 hours’ notice prior to leaving the facility. During this notice period, the person shall not be discharged except as provided in § 37.2-837, 37.2-838, or 37.2-840. The person shall be subject to the transportation provisions as provided in § 37.2-829 and the requirement for preadmission screening by a community services board as provided in § 37.2-805.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":246220,"text":"If a person is incapable of accepting or unwilling to accept voluntary admission and treatment, the judge or special justice shall inform the person of his right to a commitment hearing and right to counsel. The judge or special justice shall ascertain if the person whose admission is sought is represented by counsel, and, if he is not represented by counsel, the judge or special justice shall appoint an attorney to represent him. However, if the person requests an opportunity to employ counsel, the judge or special justice shall give him a reasonable opportunity to employ counsel at his own expense.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":246221,"text":"A written explanation of the involuntary admission process and the statutory protections associated with the process shall be given to the person, and its contents shall be explained by an attorney prior to the commitment hearing. The written explanation shall describe, at a minimum, the person’s rights to (i) retain private counsel or be represented by a court-appointed attorney, (ii) present any defenses including independent evaluation and expert testimony or the testimony of other witnesses, (iii) be present during the hearing and testify, (iv) appeal any order for involuntary admission to the circuit court, and (v) have a jury trial on appeal. The judge or special justice shall ascertain whether the person whose involuntary admission is sought has been given the written explanation required herein.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":246222,"text":"To the extent possible, during or before the commitment hearing, the attorney for the person whose involuntary admission is sought shall interview his client, the petitioner, the examiner described in § 37.2-815, the community services board staff, and any other material witnesses. He also shall examine all relevant diagnostic and other reports, present evidence and witnesses, if any, on his client’s behalf, and otherwise actively represent his client in the proceedings. A health care provider shall disclose or make available all such reports, treatment information, and records concerning his client to the attorney, upon request. The role of the attorney shall be to represent the wishes of his client, to the extent possible.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":246223,"text":"The petitioner shall be given adequate notice of the place, date, and time of the commitment hearing. The petitioner shall be entitled to retain counsel at his own expense, to be present during the hearing, and to testify and present evidence. The petitioner shall be encouraged but shall not be required to testify at the hearing, and the person whose involuntary admission is sought shall not be released solely on the basis of the petitioner’s failure to attend or testify during the hearing.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"ancestry":[{"id":14586,"edition_id":1,"name":"Involuntary Admissions","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":12890,"metadata":{},"date_created":"2026-06-26 03:48:47","date_modified":"2026-06-26 03:48:47","permalink":{"id":210339,"object_type":"structure","relational_id":14586,"identifier":"5","token":"37.2\/III\/8\/5","url":"\/37.2\/III\/8\/5\/","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":68004,"structure_id":14586,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","url":"\/37.2-814\/","token":"37.2\/III\/8\/5\/37.2-814","metadata":false},{"id":63792,"structure_id":14586,"section_number":"37.2-815","catch_line":"Commitment hearing for involuntary admission; examination required","url":"\/37.2-815\/","token":"37.2\/III\/8\/5\/37.2-815","metadata":false},{"id":83491,"structure_id":14586,"section_number":"37.2-816","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; preadmission screening report","url":"\/37.2-816\/","token":"37.2\/III\/8\/5\/37.2-816","metadata":false},{"id":61292,"structure_id":14586,"section_number":"37.2-817","catch_line":"(Effective July 1, 2026) Involuntary admission","url":"\/37.2-817\/","token":"37.2\/III\/8\/5\/37.2-817","metadata":false},{"id":71749,"structure_id":14586,"section_number":"37.2-817.01","catch_line":"Mandatory outpatient treatment","url":"\/37.2-817.01\/","token":"37.2\/III\/8\/5\/37.2-817.01","metadata":false},{"id":71942,"structure_id":14586,"section_number":"37.2-817.1","catch_line":"Monitoring and court review of mandatory outpatient treatment","url":"\/37.2-817.1\/","token":"37.2\/III\/8\/5\/37.2-817.1","metadata":false},{"id":79581,"structure_id":14586,"section_number":"37.2-817.2","catch_line":"Repealed","url":"\/37.2-817.2\/","token":"37.2\/III\/8\/5\/37.2-817.2","metadata":false},{"id":59489,"structure_id":14586,"section_number":"37.2-817.3","catch_line":"Repealed","url":"\/37.2-817.3\/","token":"37.2\/III\/8\/5\/37.2-817.3","metadata":false},{"id":61384,"structure_id":14586,"section_number":"37.2-817.4","catch_line":"Continuation of mandatory outpatient treatment order","url":"\/37.2-817.4\/","token":"37.2\/III\/8\/5\/37.2-817.4","metadata":false},{"id":56084,"structure_id":14586,"section_number":"37.2-818","catch_line":"Commitment hearing for involuntary admission; recordings and records","url":"\/37.2-818\/","token":"37.2\/III\/8\/5\/37.2-818","metadata":false},{"id":75630,"structure_id":14586,"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","url":"\/37.2-819\/","token":"37.2\/III\/8\/5\/37.2-819","metadata":false},{"id":78780,"structure_id":14586,"section_number":"37.2-820","catch_line":"Place of hearing","url":"\/37.2-820\/","token":"37.2\/III\/8\/5\/37.2-820","metadata":false},{"id":75804,"structure_id":14586,"section_number":"37.2-821","catch_line":"Appeal of involuntary admission or certification order","url":"\/37.2-821\/","token":"37.2\/III\/8\/5\/37.2-821","metadata":false},{"id":80725,"structure_id":14586,"section_number":"37.2-822","catch_line":"Treatment of person admitted while appeal is pending","url":"\/37.2-822\/","token":"37.2\/III\/8\/5\/37.2-822","metadata":false},{"id":84332,"structure_id":14586,"section_number":"37.2-823","catch_line":"Examination of admission papers by director; examination of persons admitted","url":"\/37.2-823\/","token":"37.2\/III\/8\/5\/37.2-823","metadata":false},{"id":72891,"structure_id":14586,"section_number":"37.2-824","catch_line":"Periodic review of all persons for purposes of retention","url":"\/37.2-824\/","token":"37.2\/III\/8\/5\/37.2-824","metadata":false},{"id":80215,"structure_id":14586,"section_number":"37.2-825","catch_line":"Admission raises no presumption of legal incapacity","url":"\/37.2-825\/","token":"37.2\/III\/8\/5\/37.2-825","metadata":false},{"id":60842,"structure_id":14586,"section_number":"37.2-826","catch_line":"Disposition of nonresidents","url":"\/37.2-826\/","token":"37.2\/III\/8\/5\/37.2-826","metadata":false},{"id":73916,"structure_id":14586,"section_number":"37.2-827","catch_line":"Repealed","url":"\/37.2-827\/","token":"37.2\/III\/8\/5\/37.2-827","metadata":false},{"id":68136,"structure_id":14586,"section_number":"37.2-828","catch_line":"Receiving and maintaining federal prisoners in state facilities","url":"\/37.2-828\/","token":"37.2\/III\/8\/5\/37.2-828","metadata":false}],"next_section":{"id":63792,"structure_id":14586,"section_number":"37.2-815","catch_line":"Commitment hearing for involuntary admission; examination required","url":"\/37.2-815\/","token":"37.2\/III\/8\/5\/37.2-815","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-814\/","history_text":"

This law was first created in 1976. The record of its establishment is cataloged in chapter 671 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 1976 \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 1979, chapter 426; in 1980, chapters 166 and 582; in 1982, chapter 471; in 1984, chapter 277; in 1985, chapter 261; in 1986, chapters 349 and 609; in 1988, chapter 225; in 1989, chapter 716; in 1990, chapters 59, 60, 728, and 798; in 1991, chapter 636; in 1992, chapter 752; in 1994, chapters 736<\/a> and 907<\/a>; in 1995, chapters 489<\/a>, 668<\/a>, and 844<\/a>; in 1996, chapters 343<\/a> and 893<\/a>; in 1997, chapters 558<\/a> and 921<\/a>; in 1998, chapter 446<\/a>; in 2001, chapters 478<\/a>, 479<\/a>, 507<\/a>, 658<\/a>, and 837<\/a>; in 2004, chapters 66<\/a> and 1014<\/a>; in 2005, chapter 716<\/a>; in 2008, chapters 751<\/a>, 788<\/a>, 850<\/a>, and 870<\/a>; in 2009, chapter 647<\/a>; in 2014, chapters 499<\/a>, 538<\/a>, and 691<\/a>.<\/p>","references":[{"id":70099,"section_number":"16.1-358","catch_line":"Disposition of the unrestorably incompetent juvenile","order_by":null,"url":"\/16.1-358\/"},{"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":56192,"section_number":"19.2-11.01","catch_line":"Crime victim and witness rights","order_by":null,"url":"\/19.2-11.01\/"},{"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":80703,"section_number":"19.2-169.3","catch_line":"Disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge","order_by":null,"url":"\/19.2-169.3\/"},{"id":60376,"section_number":"19.2-169.5","catch_line":"Evaluation of sanity at the time of the offense; disclosure of evaluation results","order_by":null,"url":"\/19.2-169.5\/"},{"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":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"id":85041,"section_number":"37.2-1102","catch_line":"Certain actions may not be authorized","order_by":null,"url":"\/37.2-1102\/"},{"id":65222,"section_number":"37.2-504","catch_line":"Community services boards; local government departments; powers and duties","order_by":null,"url":"\/37.2-504\/"},{"id":62018,"section_number":"37.2-505","catch_line":"Coordination of services for preadmission screening and discharge planning","order_by":null,"url":"\/37.2-505\/"},{"id":83745,"section_number":"37.2-605","catch_line":"Behavioral health authorities; powers and duties","order_by":null,"url":"\/37.2-605\/"},{"id":63295,"section_number":"37.2-801","catch_line":"Admission procedures; forms","order_by":null,"url":"\/37.2-801\/"},{"id":85593,"section_number":"37.2-805","catch_line":"(Effective July 1, 2026) Voluntary admission","order_by":null,"url":"\/37.2-805\/"},{"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":63792,"section_number":"37.2-815","catch_line":"Commitment hearing for involuntary admission; examination required","order_by":null,"url":"\/37.2-815\/"},{"id":71749,"section_number":"37.2-817.01","catch_line":"Mandatory outpatient treatment","order_by":null,"url":"\/37.2-817.01\/"},{"id":78780,"section_number":"37.2-820","catch_line":"Place of hearing","order_by":null,"url":"\/37.2-820\/"},{"id":75804,"section_number":"37.2-821","catch_line":"Appeal of involuntary admission or certification order","order_by":null,"url":"\/37.2-821\/"},{"id":57837,"section_number":"37.2-829","catch_line":"Transportation of person in civil admission process","order_by":null,"url":"\/37.2-829\/"},{"id":54012,"section_number":"37.2-846","catch_line":"Procedure when person not confined in facility or other institution","order_by":null,"url":"\/37.2-846\/"},{"id":87039,"section_number":"37.2-906","catch_line":"Probable cause hearing; procedures","order_by":null,"url":"\/37.2-906\/"},{"id":73700,"section_number":"37.2-908","catch_line":"Trial; right to trial by jury; standard of proof; discovery","order_by":null,"url":"\/37.2-908\/"},{"id":86543,"section_number":"53.1-40.9","catch_line":"Civil admission proceeding prior to release","order_by":null,"url":"\/53.1-40.9\/"},{"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":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":85593,"section_number":"37.2-805","catch_line":"(Effective July 1, 2026) Voluntary admission","order_by":null,"url":"\/37.2-805\/"},{"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":63792,"section_number":"37.2-815","catch_line":"Commitment hearing for involuntary admission; examination required","order_by":null,"url":"\/37.2-815\/"},{"id":83491,"section_number":"37.2-816","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; preadmission screening report","order_by":null,"url":"\/37.2-816\/"},{"id":57837,"section_number":"37.2-829","catch_line":"Transportation of person in civil admission process","order_by":null,"url":"\/37.2-829\/"},{"id":80976,"section_number":"37.2-837","catch_line":"Discharge from state hospitals or training centers, conditional release, and trial or home visits for individuals","order_by":null,"url":"\/37.2-837\/"},{"id":56627,"section_number":"37.2-838","catch_line":"Discharge of individuals from a licensed hospital","order_by":null,"url":"\/37.2-838\/"},{"id":67119,"section_number":"37.2-840","catch_line":"Transfer of individuals receiving services","order_by":null,"url":"\/37.2-840\/"}],"permalink":{"id":210341,"object_type":"law","relational_id":68004,"identifier":"37.2-814","token":"37.2\/III\/8\/5\/37.2-814","url":"\/37.2-814\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-814\/","token":"37.2\/III\/8\/5\/37.2-814","dublin_core":{"Title":"(Effective July 1, 2026) Commitment hearing for involuntary admission; 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A.<\/span> The commitment hearing<\/span> for involuntary admission shall be held after a sufficient period of time has passed 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 be held within 72 hours of the execution of the temporary detention order<\/span> as provided for in § 37.2-809<\/a>; however, if the 72-hour period herein specified terminates on a Saturday, Sunday, legal holiday, or day on which the court<\/span> 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 day on which the court<\/span> is lawfully closed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> At the commencement of the commitment hearing<\/span>, the district court<\/span> judge<\/span> or special justice<\/span> shall inform the person whose involuntary admission is being sought of his right to apply for voluntary admission for inpatient treatment as provided for in § 37.2-805<\/a> and shall afford the person an opportunity for voluntary admission. The district court<\/span> judge<\/span> or special justice<\/span> shall advise the person whose involuntary admission is being sought that if the person chooses to be voluntarily admitted pursuant to § 37.2-805<\/a>, such person will be prohibited from possessing, purchasing, or transporting a firearm pursuant to § 18.2-308.1:3<\/a>. The judge<\/span> or special justice<\/span> shall ascertain if the person is then willing and capable of seeking voluntary admission for inpatient treatment. In determining whether a person is capable of consenting to voluntary admission, the judge<\/span> or special justice<\/span> may consider evidence<\/span> regarding the person’s past compliance or noncompliance with treatment. If the judge<\/span> or special justice<\/span> finds that the person is capable and willingly accepts voluntary admission for inpatient treatment, the judge<\/span> or special justice<\/span> shall require him to accept voluntary admission for a minimum period of treatment not to exceed 72 hours. After such minimum period of treatment, the person shall give the facility<\/span> 48 hours’ notice prior to leaving the facility<\/span>. During this notice period, the person shall not be discharged except as provided in § 37.2-837<\/a>, 37.2-838<\/a>, or 37.2-840<\/a>. The person shall be subject to the transportation provisions as provided in § 37.2-829<\/a> and the requirement for preadmission screening by a community services board<\/span> as provided in § 37.2-805<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If a person is incapable of accepting or unwilling to accept voluntary admission and treatment, the judge<\/span> or special justice<\/span> shall inform the person of his right to a commitment hearing<\/span> and right to counsel<\/span>. The judge<\/span> or special justice<\/span> shall ascertain if the person whose admission is sought is represented by counsel<\/span>, and, if he is not represented by counsel<\/span>, the judge<\/span> or special justice<\/span> shall appoint an attorney to represent him. However, if the person requests an opportunity to employ counsel<\/span>, the judge<\/span> or special justice<\/span> shall give him a reasonable opportunity to employ counsel<\/span> at his own expense. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> A written explanation of the involuntary admission process and the statutory protections associated with the process shall be given to the person, and its contents shall be explained by an attorney prior to the commitment hearing<\/span>. The written explanation shall describe, at a minimum, the person’s rights to (i) retain private counsel<\/span> or be represented by a court<\/span>-appointed attorney, (ii) present any defenses including independent evaluation and expert testimony<\/span> or the testimony<\/span> of other witnesses, (iii) be present during the hearing<\/span> and testify, (iv) appeal<\/span> any order<\/span> for involuntary admission to the circuit<\/span> court<\/span>, and (v) have a jury trial<\/span> on appeal<\/span>. The judge<\/span> or special justice<\/span> shall ascertain whether the person whose involuntary admission is sought has been given the written explanation required herein. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> To the extent possible, during or before the commitment hearing<\/span>, the attorney for the person whose involuntary admission is sought shall interview his client, the petitioner, the examiner described in § 37.2-815<\/a>, the community services board<\/span> staff, and any other material<\/span> witnesses. He also shall examine all relevant diagnostic and other reports, present evidence<\/span> and witnesses, if any, on his client’s behalf, and otherwise actively represent his client in the proceedings. A health care provider shall disclose or make available all such reports, treatment information, and records concerning his client to the attorney, upon request. The role of the attorney shall be to represent the wishes of his client, to the extent possible. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> The petitioner shall be given adequate notice of the place, date, and time of the commitment hearing<\/span>. The petitioner shall be entitled to retain counsel<\/span> at his own expense, to be present during the hearing<\/span>, and to testify and present evidence<\/span>. The petitioner shall be encouraged but shall not be required to testify at the hearing<\/span>, and the person whose involuntary admission is sought shall not be released solely on the basis of the petitioner’s failure to attend or testify during the hearing<\/span>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) COMMITMENT HEARING FOR INVOLUNTARY ADMISSION; WRITTEN\nEXPLANATION; RIGHT TO COUNSEL; RIGHTS OF PETITIONER (\u00a7 37.2-814)\n\nA. The commitment hearing for involuntary admission shall be held after a\nsufficient period of time has passed to allow for completion of the examination\nrequired by § 37.2-815, preparation of the preadmission screening report\nrequired by § 37.2-816, and initiation of mental health treatment to\nstabilize the person’s psychiatric condition to avoid involuntary\ncommitment where possible, but shall be held within 72 hours of the execution of\nthe temporary detention order as provided for in § 37.2-809; however, if\nthe 72-hour period herein specified terminates on a Saturday, Sunday, legal\nholiday, or day on which the court is lawfully closed, the person may be\ndetained, as herein provided, until the close of business on the next day that\nis not a Saturday, Sunday, legal holiday, or day on which the court is lawfully\nclosed.\n\nB. At the commencement of the commitment hearing, the district court judge or\nspecial justice shall inform the person whose involuntary admission is being\nsought of his right to apply for voluntary admission for inpatient treatment as\nprovided for in § 37.2-805 and shall afford the person an opportunity for\nvoluntary admission. The district court judge or special justice shall advise\nthe person whose involuntary admission is being sought that if the person\nchooses to be voluntarily admitted pursuant to § 37.2-805, such person will\nbe prohibited from possessing, purchasing, or transporting a firearm pursuant to\n§ 18.2-308.1:3. The judge or special justice shall ascertain if the person\nis then willing and capable of seeking voluntary admission for inpatient\ntreatment. In determining whether a person is capable of consenting to voluntary\nadmission, the judge or special justice may consider evidence regarding the\nperson’s past compliance or noncompliance with treatment. If the judge or\nspecial justice finds that the person is capable and willingly accepts voluntary\nadmission for inpatient treatment, the judge or special justice shall require\nhim to accept voluntary admission for a minimum period of treatment not to\nexceed 72 hours. After such minimum period of treatment, the person shall give\nthe facility 48 hours’ notice prior to leaving the facility. During this\nnotice period, the person shall not be discharged except as provided in §\n37.2-837, 37.2-838, or 37.2-840. The person shall be subject to the\ntransportation provisions as provided in § 37.2-829 and the requirement for\npreadmission screening by a community services board as provided in §\n37.2-805.\n\nC. If a person is incapable of accepting or unwilling to accept voluntary\nadmission and treatment, the judge or special justice shall inform the person of\nhis right to a commitment hearing and right to counsel. The judge or special\njustice shall ascertain if the person whose admission is sought is represented\nby counsel, and, if he is not represented by counsel, the judge or special\njustice shall appoint an attorney to represent him. However, if the person\nrequests an opportunity to employ counsel, the judge or special justice shall\ngive him a reasonable opportunity to employ counsel at his own expense.\n\nD. A written explanation of the involuntary admission process and the statutory\nprotections associated with the process shall be given to the person, and its\ncontents shall be explained by an attorney prior to the commitment hearing. The\nwritten explanation shall describe, at a minimum, the person’s rights to\n(i) retain private counsel or be represented by a court-appointed attorney, (ii)\npresent any defenses including independent evaluation and expert testimony or\nthe testimony of other witnesses, (iii) be present during the hearing and\ntestify, (iv) appeal any order for involuntary admission to the circuit court,\nand (v) have a jury trial on appeal. The judge or special justice shall\nascertain whether the person whose involuntary admission is sought has been\ngiven the written explanation required herein.\n\nE. To the extent possible, during or before the commitment hearing, the attorney\nfor the person whose involuntary admission is sought shall interview his client,\nthe petitioner, the examiner described in § 37.2-815, the community\nservices board staff, and any other material witnesses. He also shall examine\nall relevant diagnostic and other reports, present evidence and witnesses, if\nany, on his client’s behalf, and otherwise actively represent his client\nin the proceedings. A health care provider shall disclose or make available all\nsuch reports, treatment information, and records concerning his client to the\nattorney, upon request. The role of the attorney shall be to represent the\nwishes of his client, to the extent possible.\n\nF. The petitioner shall be given adequate notice of the place, date, and time of\nthe commitment hearing. The petitioner shall be entitled to retain counsel at\nhis own expense, to be present during the hearing, and to testify and present\nevidence. The petitioner shall be encouraged but shall not be required to\ntestify at the hearing, and the person whose involuntary admission is sought\nshall not be released solely on the basis of the petitioner’s failure to\nattend or testify during the hearing.\n\nHISTORY: 1976, c. 671, \u00a7 37.1-67.3; 1979, c. 426; 1980, cc. 166, 582; 1982, c.\n471; 1984, c. 277; 1985, c. 261; 1986, cc. 349, 609; 1988, c. 225; 1989, c. 716;\n1990, cc. 59, 60, 728, 798; 1991, c. 636; 1992, c. 752; 1994, cc. 736, 907;\n1995, cc. 489, 668, 844; 1996, cc. 343, 893; 1997, cc. 558, 921; 1998, c. 446;\n2001, cc. 478, 479, 507, 658, 837; 2004, cc. 66, 1014; 2005, c. 716; 2008, cc.\n751, 788, 850, 870; 2009, c. 647; 2014, cc. 499, 538, 691.","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}}