{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-816.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-816.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-816.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-816.html"}],"law_id":83491,"edition_id":1,"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","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. 779, 850, 870; 2009, cc. 21, 838; 2024, c. 780; 2025, c. 504.","full_text":"The district court judge or special justice shall require a preadmission screening report from the community services board that serves the county or city where the person resides or, if impractical, where the person is located. The report shall be admitted as evidence of the facts stated therein and shall state (i) whether the person has a mental illness and whether there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (b) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs; (ii) whether the person is in need of involuntary inpatient treatment; (iii) whether there is no less restrictive alternative to inpatient treatment; (iv) the recommendations for that person’s placement, care, and treatment including, where appropriate, recommendations for mandatory outpatient treatment; and (v) 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. The board shall provide the preadmission screening report to the court prior to the hearing, and the report shall be admitted into evidence and made part of the record of the case. In the case of a person who has been sentenced and committed to the Department of Corrections and who has been examined by a psychiatrist or clinical psychologist, the judge or special justice may proceed to adjudicate whether the person has mental illness and should be involuntarily admitted without requesting a preadmission screening report from the community services board.","order_by":null,"text":{"0":{"id":299205,"text":"The district court judge or special justice shall require a preadmission screening report from the community services board that serves the county or city where the person resides or, if impractical, where the person is located. The report shall be admitted as evidence of the facts stated therein and shall state (i) whether the person has a mental illness and whether there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (b) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs; (ii) whether the person is in need of involuntary inpatient treatment; (iii) whether there is no less restrictive alternative to inpatient treatment; (iv) the recommendations for that person’s placement, care, and treatment including, where appropriate, recommendations for mandatory outpatient treatment; and (v) 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. The board shall provide the preadmission screening report to the court prior to the hearing, and the report shall be admitted into evidence and made part of the record of the case. In the case of a person who has been sentenced and committed to the Department of Corrections and who has been examined by a psychiatrist or clinical psychologist, the judge or special justice may proceed to adjudicate whether the person has mental illness and should be involuntarily admitted without requesting a preadmission screening report from the community services board.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-816\/","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 23 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 779<\/a>, 850<\/a>, and 870<\/a>; in 2009, chapters 21<\/a> and 838<\/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":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\/"}],"refers_to":false,"permalink":{"id":210349,"object_type":"law","relational_id":83491,"identifier":"37.2-816","token":"37.2\/III\/8\/5\/37.2-816","url":"\/37.2-816\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-816\/","token":"37.2\/III\/8\/5\/37.2-816","dublin_core":{"Title":"(Effective July 1, 2026) Commitment hearing for involuntary admission; preadmission screening report","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-816","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The district court<\/span> judge<\/span> or special justice<\/span> shall require a preadmission screening report from the community services board<\/span> that serves the county or city where the person resides or, if impractical, where the person is located. The report shall be admitted as evidence<\/span> of the facts<\/span> stated therein and shall state<\/span> (i) whether the person has a mental illness<\/span> and whether there exists a substantial likelihood that, as a result of mental illness<\/span>, the person will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (b) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs; (ii) whether the person is in need of involuntary inpatient treatment; (iii) whether there is no less restrictive alternative to inpatient treatment; (iv) the recommendations for that person’s placement, care, and treatment including, where appropriate, recommendations for mandatory outpatient treatment; and (v) 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. The board shall provide the preadmission screening report to the court<\/span> prior to the hearing<\/span>, and the report shall be admitted into evidence<\/span> and made part of the record of the case. In the case of a person who has been sentenced and committed to the Department<\/span> of Corrections and who has been examined by a psychiatrist or clinical psychologist, the judge<\/span> or special justice<\/span> may proceed to adjudicate<\/span> whether the person has mental illness<\/span> and should be involuntarily admitted without requesting a preadmission screening report from the community services board<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) COMMITMENT HEARING FOR INVOLUNTARY ADMISSION;\nPREADMISSION SCREENING REPORT (\u00a7 37.2-816)\n\nThe district court judge or special justice shall require a preadmission\nscreening report from the community services board that serves the county or\ncity where the person resides or, if impractical, where the person is located.\nThe report shall be admitted as evidence of the facts stated therein and shall\nstate (i) whether the person has a mental illness and whether there exists a\nsubstantial likelihood that, as a result of mental illness, the person will, in\nthe near future, (a) cause serious physical harm to himself or others as\nevidenced by recent behavior causing, attempting, or threatening harm and other\nrelevant information, if any, or (b) suffer serious harm due to his lack of\ncapacity to protect himself from harm or to provide for his basic human needs;\n(ii) whether the person is in need of involuntary inpatient treatment; (iii)\nwhether there is no less restrictive alternative to inpatient treatment; (iv)\nthe recommendations for that person’s placement, care, and treatment\nincluding, where appropriate, recommendations for mandatory outpatient\ntreatment; and (v) if the person is found not to meet the involuntary admission\ncriteria, a recommendation as to whether referral of the person to a\ncommunity-based outpatient stabilization program for voluntary treatment would\nbe appropriate. The board shall provide the preadmission screening report to the\ncourt prior to the hearing, and the report shall be admitted into evidence and\nmade part of the record of the case. In the case of a person who has been\nsentenced and committed to the Department of Corrections and who has been\nexamined by a psychiatrist or clinical psychologist, the judge or special\njustice may proceed to adjudicate whether the person has mental illness and\nshould be involuntarily admitted without requesting a preadmission screening\nreport from the community services board.\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.\n779, 850, 870; 2009, cc. 21, 838; 2024, c. 780; 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}}