{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-815.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-815.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-815.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-815.html"}],"law_id":63792,"edition_id":1,"section_id":63792,"structure_id":14586,"section_number":"37.2-815","catch_line":"Commitment hearing for involuntary admission; examination required","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; 2007, c. 400; 2008, cc. 779, 850, 870; 2009, cc. 21, 132, 838; 2010, cc. 330, 461; 2022, c. 763; 2023, c. 183; 2025, c. 504.","full_text":"A\n\nNotwithstanding § 37.2-814, the district court judge or special justice shall require an examination of the person who is the subject of the hearing by a psychiatrist or a psychologist who is licensed in Virginia by the Board of Medicine or the Board of Psychology and is qualified in the diagnosis of mental illness or, if such a psychiatrist or psychologist is not available, a mental health professional who (i) is licensed in Virginia through the Department of Health Professions as a clinical social worker, professional counselor, marriage and family therapist, or psychiatric advanced practice registered nurse; (ii) is qualified in the assessment of mental illness; and (iii) has completed a certification program approved by the Department. The examiner chosen shall be able to provide an independent clinical evaluation of the person and recommendations for his placement, care, and treatment. The examiner shall (a) not be related by blood or marriage to the person, (b) not be responsible for treating the person, (c) have no financial interest in the admission or treatment of the person, (d) have no investment interest in the facility detaining or admitting the person under this chapter, and (e) except for employees of state hospitals, the U.S. Department of Veterans Affairs, and community service boards, not be employed by the facility. For purposes of this section, the term “investment interest” shall be as defined in § 37.2-809.B\n\nThe examination conducted pursuant to this section shall be a comprehensive evaluation of the person conducted in-person or, if that is not practicable, by two-way electronic video and audio communication system as authorized in § 37.2-804.1. Translation or interpreter services shall be provided during the evaluation where necessary. The examination shall consist of (i) a clinical assessment that includes a mental status examination; determination of current use of psychotropic and other medications; a medical and psychiatric history; a substance use, abuse, or dependency determination; and a determination of the likelihood that, as a result of mental illness, the person will, in the near future, suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs; (ii) a substance abuse screening, when indicated; (iii) a risk assessment that includes an evaluation of the likelihood that, as a result of mental illness, the person will, in the near future, cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any; (iv) an assessment of the person’s capacity to consent to treatment, including his ability to maintain and communicate choice, understand relevant information, and comprehend the situation and its consequences; (v) a review of the temporary detention facility’s records for the person, including the treating physician’s evaluation, any collateral information, reports of any laboratory or toxicology tests conducted, and all admission forms and nurses’ notes; (vi) a discussion of treatment preferences expressed by the person or contained in a document provided by the person in support of recovery; (vii) an assessment of whether the person meets the criteria for an order authorizing discharge to mandatory outpatient treatment following a period of inpatient treatment pursuant to subsection C of § 37.2-817.01; (viii) an assessment of alternatives to involuntary inpatient treatment; (ix) recommendations for the placement, care, and treatment of the person; and (x) if the person is found not to meet the involuntary admission criteria, a recommendation as to whether referral of the person to a community-based outpatient stabilization program for voluntary treatment would be appropriate.C\n\nAll such examinations shall be conducted in private. The judge or special justice shall summons the examiner who shall certify that he has personally examined the person and state whether he has probable cause to believe that the person (i) has a mental illness and there is 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, and (ii) requires involuntary inpatient treatment. The judge or special justice shall not render any decision on the petition until the examiner has presented his report. The examiner may report orally at the hearing, but he shall provide a written report of his examination prior to the hearing. The examiner’s written certification may be accepted into evidence unless objected to by the person or his attorney, in which case the examiner shall attend in person or by electronic communication. When the examiner attends the hearing in person or by electronic communication, the examiner shall not be excluded from the hearing pursuant to an order of sequestration of witnesses.","order_by":null,"text":{"0":{"id":232448,"text":"Notwithstanding § 37.2-814, the district court judge or special justice shall require an examination of the person who is the subject of the hearing by a psychiatrist or a psychologist who is licensed in Virginia by the Board of Medicine or the Board of Psychology and is qualified in the diagnosis of mental illness or, if such a psychiatrist or psychologist is not available, a mental health professional who (i) is licensed in Virginia through the Department of Health Professions as a clinical social worker, professional counselor, marriage and family therapist, or psychiatric advanced practice registered nurse; (ii) is qualified in the assessment of mental illness; and (iii) has completed a certification program approved by the Department. The examiner chosen shall be able to provide an independent clinical evaluation of the person and recommendations for his placement, care, and treatment. The examiner shall (a) not be related by blood or marriage to the person, (b) not be responsible for treating the person, (c) have no financial interest in the admission or treatment of the person, (d) have no investment interest in the facility detaining or admitting the person under this chapter, and (e) except for employees of state hospitals, the U.S. Department of Veterans Affairs, and community service boards, not be employed by the facility. For purposes of this section, the term “investment interest” shall be as defined in § 37.2-809.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":232449,"text":"The examination conducted pursuant to this section shall be a comprehensive evaluation of the person conducted in-person or, if that is not practicable, by two-way electronic video and audio communication system as authorized in § 37.2-804.1. Translation or interpreter services shall be provided during the evaluation where necessary. The examination shall consist of (i) a clinical assessment that includes a mental status examination; determination of current use of psychotropic and other medications; a medical and psychiatric history; a substance use, abuse, or dependency determination; and a determination of the likelihood that, as a result of mental illness, the person will, in the near future, suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs; (ii) a substance abuse screening, when indicated; (iii) a risk assessment that includes an evaluation of the likelihood that, as a result of mental illness, the person will, in the near future, cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any; (iv) an assessment of the person’s capacity to consent to treatment, including his ability to maintain and communicate choice, understand relevant information, and comprehend the situation and its consequences; (v) a review of the temporary detention facility’s records for the person, including the treating physician’s evaluation, any collateral information, reports of any laboratory or toxicology tests conducted, and all admission forms and nurses’ notes; (vi) a discussion of treatment preferences expressed by the person or contained in a document provided by the person in support of recovery; (vii) an assessment of whether the person meets the criteria for an order authorizing discharge to mandatory outpatient treatment following a period of inpatient treatment pursuant to subsection C of § 37.2-817.01; (viii) an assessment of alternatives to involuntary inpatient treatment; (ix) recommendations for the placement, care, and treatment of the person; and (x) if the person is found not to meet the involuntary admission criteria, a recommendation as to whether referral of the person to a community-based outpatient stabilization program for voluntary treatment would be appropriate.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":232450,"text":"All such examinations shall be conducted in private. The judge or special justice shall summons the examiner who shall certify that he has personally examined the person and state whether he has probable cause to believe that the person (i) has a mental illness and there is 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, and (ii) requires involuntary inpatient treatment. The judge or special justice shall not render any decision on the petition until the examiner has presented his report. The examiner may report orally at the hearing, but he shall provide a written report of his examination prior to the hearing. The examiner’s written certification may be accepted into evidence unless objected to by the person or his attorney, in which case the examiner shall attend in person or by electronic communication. When the examiner attends the hearing in person or by electronic communication, the examiner shall not be excluded from the hearing pursuant to an order of sequestration of witnesses.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B"}},"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}],"previous_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","url":"\/37.2-814\/","token":"37.2\/III\/8\/5\/37.2-814","metadata":false},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-815\/","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 26 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 2007, chapter 400<\/a>; in 2008, chapters 779<\/a>, 850<\/a>, and 870<\/a>; in 2009, chapters 21<\/a>, 132<\/a>, and 838<\/a>; in 2010, chapters 330<\/a> and 461<\/a>; in 2022, chapter 763<\/a>; in 2023, chapter 183<\/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":58930,"section_number":"32.1-127.1:03","catch_line":"Health records privacy","order_by":null,"url":"\/32.1-127.1_03\/"},{"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":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":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":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\/"}],"refers_to":[{"id":77215,"section_number":"37.2-804.1","catch_line":"Use of electronic communication","order_by":null,"url":"\/37.2-804.1\/"},{"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":71749,"section_number":"37.2-817.01","catch_line":"Mandatory outpatient treatment","order_by":null,"url":"\/37.2-817.01\/"}],"permalink":{"id":210345,"object_type":"law","relational_id":63792,"identifier":"37.2-815","token":"37.2\/III\/8\/5\/37.2-815","url":"\/37.2-815\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-815\/","token":"37.2\/III\/8\/5\/37.2-815","dublin_core":{"Title":"Commitment hearing for involuntary admission; examination required","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-815","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Notwithstanding § 37.2-814<\/a>, the district court<\/span> judge<\/span> or special justice<\/span> shall require an examination of the person who is the subject of the hearing<\/span> by a psychiatrist or a psychologist who is licensed in Virginia by the Board<\/span> of Medicine or the Board<\/span> of Psychology and is qualified in the diagnosis of mental illness<\/span> or, if such a psychiatrist or psychologist is not available, a mental health professional who (i) is licensed in Virginia through the Department<\/span> of Health Professions as a clinical social worker, professional counselor, marriage and family therapist, or psychiatric advanced practice registered nurse; (ii) is qualified in the assessment of mental illness<\/span>; and (iii) has completed a certification program approved by the Department<\/span>. The examiner chosen shall be able to provide an independent clinical evaluation of the person and recommendations for his placement, care, and treatment. The examiner shall (a) not be related by blood or marriage to the person, (b) not be responsible for treating the person, (c) have no financial interest in the admission or treatment of the person, (d) have no investment interest in the facility<\/span> detaining or admitting the person under this chapter, and (e) except for employees of state hospitals<\/span>, the U.S. Department<\/span> of Veterans Affairs, and community service<\/span> boards<\/span>, not be employed by the facility<\/span>. For purposes of this section, the term “investment interest” shall be as defined in § 37.2-809<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The examination conducted pursuant to this section shall be a comprehensive evaluation of the person conducted in-person or, if that is not practicable, by two-way electronic video and audio communication system as authorized in § 37.2-804.1<\/a>. Translation or interpreter services shall be provided during the evaluation where necessary. The examination shall consist of (i) a clinical assessment that includes a mental status examination; determination of current use of psychotropic and other medications; a medical and psychiatric history; a substance use, abuse, or dependency determination; and a determination of the likelihood that, as a result of mental illness<\/span>, the person will, in the near future, suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs; (ii) a substance abuse<\/span> screening, when indicated; (iii) a risk assessment that includes an evaluation of the likelihood that, as a result of mental illness<\/span>, the person will, in the near future, cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any; (iv) an assessment of the person’s capacity to consent to treatment, including his ability to maintain and communicate choice, understand relevant information, and comprehend the situation and its consequences; (v) a review of the temporary detention facility<\/span>’s records for the person, including the treating physician’s evaluation, any collateral<\/span> information, reports of any laboratory or toxicology tests conducted, and all admission forms and nurses’ notes; (vi) a discussion of treatment preferences expressed by the person or contained in a document provided by the person in support of recovery; (vii) an assessment of whether the person meets the criteria for an order<\/span> authorizing discharge to mandatory outpatient treatment following a period of inpatient treatment pursuant to subsection C of § 37.2-817.01<\/a>; (viii) an assessment of alternatives to involuntary inpatient treatment; (ix) recommendations for the placement, care, and treatment of the person; and (x) if the person is found not to meet the involuntary admission criteria, a recommendation as to whether referral of the person to a community-based outpatient stabilization program for voluntary treatment would be appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> All such examinations shall be conducted in private. The judge<\/span> or special justice<\/span> shall summons<\/span> the examiner who shall certify that he has personally examined the person and state whether he has probable cause<\/span> to believe that the person (i) has a mental illness<\/span> and there is 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, and (ii) requires involuntary inpatient treatment. The judge<\/span> or special justice<\/span> shall not render any decision on the petition<\/span> until the examiner has presented his report. The examiner may report orally at the hearing<\/span>, but he shall provide a written report of his examination prior to the hearing<\/span>. The examiner’s written certification may be accepted into evidence<\/span> unless objected to by the person or his attorney, in which case the examiner shall attend in person or by electronic communication. When the examiner attends the hearing<\/span> in person or by electronic communication, the examiner shall not be excluded from the hearing<\/span> pursuant to an order<\/span> of sequestration of witnesses. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCOMMITMENT HEARING FOR INVOLUNTARY ADMISSION; EXAMINATION REQUIRED (\u00a7 37.2-815)\n\nA. Notwithstanding § 37.2-814, the district court judge or special justice\nshall require an examination of the person who is the subject of the hearing by\na psychiatrist or a psychologist who is licensed in Virginia by the Board of\nMedicine or the Board of Psychology and is qualified in the diagnosis of mental\nillness or, if such a psychiatrist or psychologist is not available, a mental\nhealth professional who (i) is licensed in Virginia through the Department of\nHealth Professions as a clinical social worker, professional counselor, marriage\nand family therapist, or psychiatric advanced practice registered nurse; (ii) is\nqualified in the assessment of mental illness; and (iii) has completed a\ncertification program approved by the Department. The examiner chosen shall be\nable to provide an independent clinical evaluation of the person and\nrecommendations for his placement, care, and treatment. The examiner shall (a)\nnot be related by blood or marriage to the person, (b) not be responsible for\ntreating the person, (c) have no financial interest in the admission or\ntreatment of the person, (d) have no investment interest in the facility\ndetaining or admitting the person under this chapter, and (e) except for\nemployees of state hospitals, the U.S. Department of Veterans Affairs, and\ncommunity service boards, not be employed by the facility. For purposes of this\nsection, the term “investment interest” shall be as defined in\n§ 37.2-809.\n\nB. The examination conducted pursuant to this section shall be a comprehensive\nevaluation of the person conducted in-person or, if that is not practicable, by\ntwo-way electronic video and audio communication system as authorized in §\n37.2-804.1. Translation or interpreter services shall be provided during the\nevaluation where necessary. The examination shall consist of (i) a clinical\nassessment that includes a mental status examination; determination of current\nuse of psychotropic and other medications; a medical and psychiatric history; a\nsubstance use, abuse, or dependency determination; and a determination of the\nlikelihood that, as a result of mental illness, the person will, in the near\nfuture, suffer serious harm due to his lack of capacity to protect himself from\nharm or to provide for his basic human needs; (ii) a substance abuse screening,\nwhen indicated; (iii) a risk assessment that includes an evaluation of the\nlikelihood that, as a result of mental illness, the person will, in the near\nfuture, cause serious physical harm to himself or others as evidenced by recent\nbehavior causing, attempting, or threatening harm and other relevant\ninformation, if any; (iv) an assessment of the person’s capacity to\nconsent to treatment, including his ability to maintain and communicate choice,\nunderstand relevant information, and comprehend the situation and its\nconsequences; (v) a review of the temporary detention facility’s records\nfor the person, including the treating physician’s evaluation, any\ncollateral information, reports of any laboratory or toxicology tests conducted,\nand all admission forms and nurses’ notes; (vi) a discussion of treatment\npreferences expressed by the person or contained in a document provided by the\nperson in support of recovery; (vii) an assessment of whether the person meets\nthe criteria for an order authorizing discharge to mandatory outpatient\ntreatment following a period of inpatient treatment pursuant to subsection C of\n§ 37.2-817.01; (viii) an assessment of alternatives to involuntary\ninpatient treatment; (ix) recommendations for the placement, care, and treatment\nof the person; and (x) if the person is found not to meet the involuntary\nadmission criteria, a recommendation as to whether referral of the person to a\ncommunity-based outpatient stabilization program for voluntary treatment would\nbe appropriate.\n\nC. All such examinations shall be conducted in private. The judge or special\njustice shall summons the examiner who shall certify that he has personally\nexamined the person and state whether he has probable cause to believe that the\nperson (i) has a mental illness and there is a substantial likelihood that, as a\nresult of mental illness, the person will, in the near future, (a) cause serious\nphysical harm to himself or others as evidenced by recent behavior causing,\nattempting, or threatening harm and other relevant information, if any, or (b)\nsuffer serious harm due to his lack of capacity to protect himself from harm or\nto provide for his basic human needs, and (ii) requires involuntary inpatient\ntreatment. The judge or special justice shall not render any decision on the\npetition until the examiner has presented his report. The examiner may report\norally at the hearing, but he shall provide a written report of his examination\nprior to the hearing. The examiner’s written certification may be accepted\ninto evidence unless objected to by the person or his attorney, in which case\nthe examiner shall attend in person or by electronic communication. When the\nexaminer attends the hearing in person or by electronic communication, the\nexaminer shall not be excluded from the hearing pursuant to an order of\nsequestration of witnesses.\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; 2007, c.\n400; 2008, cc. 779, 850, 870; 2009, cc. 21, 132, 838; 2010, cc. 330, 461; 2022,\nc. 763; 2023, c. 183; 2025, c. 504.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}