{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-817.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-817.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-817.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-817.html"}],"law_id":61292,"edition_id":1,"section_id":61292,"structure_id":14586,"section_number":"37.2-817","catch_line":"(Effective July 1, 2026) Involuntary admission","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, cc. 458, 716; 2008, cc. 779, 780, 782, 793, 850, 870; 2009, cc. 21, 838; 2010, cc. 330, 461; 2012, cc. 300, 451, 501; 2013, c. 179; 2014, cc. 499, 538; 2016, c. 688; 2021, Sp. Sess. I, c. 221; 2022, c. 763; 2024, c. 780; 2025, c. 504.","full_text":"A\n\nThe district court judge or special justice shall render a decision on the petition for involuntary admission after the appointed examiner has presented the report required by § 37.2-815, and after the community services board that serves the county or city where the person resides or, if impractical, where the person is located has presented a preadmission screening report with recommendations for that person’s placement, care, and treatment pursuant to § 37.2-816. These reports, if not contested, may constitute sufficient evidence upon which the district court judge or special justice may base his decision. The examiner, if not physically present at the hearing, and the treating physician at the facility of temporary detention shall be available whenever possible for questioning during the hearing through a two-way electronic video and audio or telephonic communication system as authorized in § 37.2-804.1.B\n\nAny employee or designee of the local community services board, as defined in § 37.2-809, representing the community services board that prepared the preadmission screening report shall attend the hearing in person or, if physical attendance is not practicable, shall participate in the hearing through a two-way electronic video and audio or telephonic communication system as authorized in § 37.2-804.1. Where a hearing is held outside of the service area of the community services board that prepared the preadmission screening report, and it is not practicable for a representative of the community services board that prepared the preadmission screening report to attend or participate in the hearing, arrangements shall be made by the community services board that prepared the preadmission screening report for an employee or designee of the community services board serving the area in which the hearing is held to attend or participate on behalf of the community services board that prepared the preadmission screening report. The employee or designee of the local community services board, as defined in § 37.2-809, representing the community services board that prepared the preadmission screening report or attending or participating on behalf of the community services board that prepared the preadmission screening report shall not be excluded from the hearing pursuant to an order of sequestration of witnesses. The community services board that prepared the preadmission screening report shall remain responsible for the person subject to the hearing and, prior to the hearing, shall send the preadmission screening report through certified mail, personal delivery, facsimile with return receipt acknowledged, or other electronic means with documented acknowledgment of receipt to the community services board attending the hearing. Where a community services board attends the hearing on behalf of the community services board that prepared the preadmission screening report, the attending community services board shall inform the community services board that prepared the preadmission screening report of the disposition of the matter upon the conclusion of the hearing. In addition, the attending community services board shall transmit the disposition through certified mail, personal delivery, facsimile with return receipt acknowledged, or other electronic means with documented acknowledgment of receipt.\n\t\t\tAt least 12 hours prior to the hearing, the court shall provide to the community services board that prepared the preadmission screening report the time and location of the hearing. If the representative of the community services board that prepared the preadmission screening report will be present by telephonic means, the court shall provide the telephone number to the community services board. If a representative of a community services board will be attending the hearing on behalf of the community services board that prepared the preadmission screening report, the community services board that prepared the preadmission screening report shall promptly communicate the time and location of the hearing and, if the representative of the community services board attending on behalf of the community services board that prepared the preadmission screening report will be present by telephonic means, the telephone number to the attending community services board.C\n\nAfter observing the person and considering (i) the recommendations of any treating or examining physician or psychologist licensed in Virginia, if available, (ii) any past actions of the person, (iii) any past mental health treatment of the person, (iv) any examiner’s certification, (v) any health records available, (vi) the preadmission screening report, and (vii) any other relevant evidence that may have been admitted, including whether the person recently has been found unrestorably incompetent to stand trial after a hearing held pursuant to subsection E of § 19.2-169.1, if the judge or special justice finds by clear and convincing evidence that (a) the person has a mental illness and there is a substantial likelihood that, as a result of mental illness, the person will, in the near future, (1) 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 (2) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs, and (b) all available less restrictive treatment alternatives to involuntary inpatient treatment that would offer an opportunity for the improvement of the person’s condition have been investigated and determined to be inappropriate, the judge or special justice shall by written order and specific findings so certify and order that the person be admitted involuntarily to a facility for a period of treatment not to exceed 30 days from the date of the court order. Such involuntary admission shall be to a facility designated by the community services board that serves the county or city in which the person was examined as provided in § 37.2-816. If the community services board does not designate a facility at the commitment hearing, the person shall be involuntarily admitted to a facility designated by the Commissioner. Upon the expiration of an order for involuntary admission, the person shall be released unless (A) he is involuntarily admitted by further petition and order of a court, which shall be for a period not to exceed 180 days from the date of the subsequent court order, (B) he makes application for treatment on a voluntary basis as provided for in § 37.2-805, or (C) he is ordered to mandatory outpatient treatment following a period of inpatient treatment pursuant to § 37.2-817.01.D\n\nIf the judge or special justice finds that the person does not meet the criteria for involuntary admission and the preadmission screening report indicates that referral to a community-based outpatient stabilization program for voluntary treatment would be appropriate, the board or certified evaluator that prepared the preadmission screening report shall provide the person with such referral.","order_by":null,"text":{"0":{"id":223963,"text":"The district court judge or special justice shall render a decision on the petition for involuntary admission after the appointed examiner has presented the report required by § 37.2-815, and after the community services board that serves the county or city where the person resides or, if impractical, where the person is located has presented a preadmission screening report with recommendations for that person’s placement, care, and treatment pursuant to § 37.2-816. These reports, if not contested, may constitute sufficient evidence upon which the district court judge or special justice may base his decision. The examiner, if not physically present at the hearing, and the treating physician at the facility of temporary detention shall be available whenever possible for questioning during the hearing through a two-way electronic video and audio or telephonic communication system as authorized in § 37.2-804.1.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":223964,"text":"Any employee or designee of the local community services board, as defined in § 37.2-809, representing the community services board that prepared the preadmission screening report shall attend the hearing in person or, if physical attendance is not practicable, shall participate in the hearing through a two-way electronic video and audio or telephonic communication system as authorized in § 37.2-804.1. Where a hearing is held outside of the service area of the community services board that prepared the preadmission screening report, and it is not practicable for a representative of the community services board that prepared the preadmission screening report to attend or participate in the hearing, arrangements shall be made by the community services board that prepared the preadmission screening report for an employee or designee of the community services board serving the area in which the hearing is held to attend or participate on behalf of the community services board that prepared the preadmission screening report. The employee or designee of the local community services board, as defined in § 37.2-809, representing the community services board that prepared the preadmission screening report or attending or participating on behalf of the community services board that prepared the preadmission screening report shall not be excluded from the hearing pursuant to an order of sequestration of witnesses. The community services board that prepared the preadmission screening report shall remain responsible for the person subject to the hearing and, prior to the hearing, shall send the preadmission screening report through certified mail, personal delivery, facsimile with return receipt acknowledged, or other electronic means with documented acknowledgment of receipt to the community services board attending the hearing. Where a community services board attends the hearing on behalf of the community services board that prepared the preadmission screening report, the attending community services board shall inform the community services board that prepared the preadmission screening report of the disposition of the matter upon the conclusion of the hearing. In addition, the attending community services board shall transmit the disposition through certified mail, personal delivery, facsimile with return receipt acknowledged, or other electronic means with documented acknowledgment of receipt.\n\t\t\tAt least 12 hours prior to the hearing, the court shall provide to the community services board that prepared the preadmission screening report the time and location of the hearing. If the representative of the community services board that prepared the preadmission screening report will be present by telephonic means, the court shall provide the telephone number to the community services board. If a representative of a community services board will be attending the hearing on behalf of the community services board that prepared the preadmission screening report, the community services board that prepared the preadmission screening report shall promptly communicate the time and location of the hearing and, if the representative of the community services board attending on behalf of the community services board that prepared the preadmission screening report will be present by telephonic means, the telephone number to the attending community services board.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":223965,"text":"After observing the person and considering (i) the recommendations of any treating or examining physician or psychologist licensed in Virginia, if available, (ii) any past actions of the person, (iii) any past mental health treatment of the person, (iv) any examiner’s certification, (v) any health records available, (vi) the preadmission screening report, and (vii) any other relevant evidence that may have been admitted, including whether the person recently has been found unrestorably incompetent to stand trial after a hearing held pursuant to subsection E of § 19.2-169.1, if the judge or special justice finds by clear and convincing evidence that (a) the person has a mental illness and there is a substantial likelihood that, as a result of mental illness, the person will, in the near future, (1) 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 (2) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs, and (b) all available less restrictive treatment alternatives to involuntary inpatient treatment that would offer an opportunity for the improvement of the person’s condition have been investigated and determined to be inappropriate, the judge or special justice shall by written order and specific findings so certify and order that the person be admitted involuntarily to a facility for a period of treatment not to exceed 30 days from the date of the court order. Such involuntary admission shall be to a facility designated by the community services board that serves the county or city in which the person was examined as provided in § 37.2-816. If the community services board does not designate a facility at the commitment hearing, the person shall be involuntarily admitted to a facility designated by the Commissioner. Upon the expiration of an order for involuntary admission, the person shall be released unless (A) he is involuntarily admitted by further petition and order of a court, which shall be for a period not to exceed 180 days from the date of the subsequent court order, (B) he makes application for treatment on a voluntary basis as provided for in § 37.2-805, or (C) he is ordered to mandatory outpatient treatment following a period of inpatient treatment pursuant to § 37.2-817.01.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":223966,"text":"If the judge or special justice finds that the person does not meet the criteria for involuntary admission and the preadmission screening report indicates that referral to a community-based outpatient stabilization program for voluntary treatment would be appropriate, the board or certified evaluator that prepared the preadmission screening report shall provide the person with such referral.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-817\/","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 29 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, chapters 458<\/a> and 716<\/a>; in 2008, chapters 779<\/a>, 780<\/a>, 782<\/a>, 793<\/a>, 850<\/a>, and 870<\/a>; in 2009, chapters 21<\/a> and 838<\/a>; in 2010, chapters 330<\/a> and 461<\/a>; in 2012, chapters 300<\/a>, 451<\/a>, and 501<\/a>; in 2013, chapter 179<\/a>; in 2014, chapters 499<\/a> and 538<\/a>; in 2016, chapter 688<\/a>; in 2022, chapter 763<\/a>; in 2024, chapter 780<\/a>; in 2025, chapter 504<\/a>.<\/p>","references":[{"id":70858,"section_number":"18.2-60","catch_line":"Threats of death or bodily injury to a person or member of his family; threats of death or discharge of a firearm on school property; threats of death or bodily injury to health care providers; penalties","order_by":null,"url":"\/18.2-60\/"},{"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":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":86739,"section_number":"19.2-81.3","catch_line":"Arrest without a warrant authorized in cases of assault and battery against a family or household member and stalking and for violations of protective orders; procedure, etc","order_by":null,"url":"\/19.2-81.3\/"},{"id":85593,"section_number":"37.2-805","catch_line":"(Effective July 1, 2026) Voluntary admission","order_by":null,"url":"\/37.2-805\/"},{"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":71749,"section_number":"37.2-817.01","catch_line":"Mandatory outpatient treatment","order_by":null,"url":"\/37.2-817.01\/"},{"id":75804,"section_number":"37.2-821","catch_line":"Appeal of involuntary admission or certification order","order_by":null,"url":"\/37.2-821\/"},{"id":54198,"section_number":"9.1-102","catch_line":"Powers and duties of the Board and the Department","order_by":null,"url":"\/9.1-102\/"}],"refers_to":[{"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":77215,"section_number":"37.2-804.1","catch_line":"Use of electronic communication","order_by":null,"url":"\/37.2-804.1\/"},{"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\/"}],"permalink":{"id":210353,"object_type":"law","relational_id":61292,"identifier":"37.2-817","token":"37.2\/III\/8\/5\/37.2-817","url":"\/37.2-817\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-817\/","token":"37.2\/III\/8\/5\/37.2-817","dublin_core":{"Title":"(Effective July 1, 2026) Involuntary admission","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-817","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The district court<\/span> judge<\/span> or special justice<\/span> shall render a decision on the petition<\/span> for involuntary admission after the appointed examiner has presented the report required by § 37.2-815<\/a>, and after the community services board<\/span> that serves the county or city where the person resides or, if impractical, where the person is located has presented a preadmission screening report with recommendations for that person’s placement, care, and treatment pursuant to § 37.2-816<\/a>. These reports, if not contested, may constitute sufficient evidence<\/span> upon which the district court<\/span> judge<\/span> or special justice<\/span> may base his decision. The examiner, if not physically present at the hearing<\/span>, and the treating physician at the facility<\/span> of temporary detention shall be available whenever possible for questioning during the hearing<\/span> through a two-way electronic video and audio or telephonic communication system as authorized in § 37.2-804.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any employee or designee of the local community services board<\/span>, as defined in § 37.2-809<\/a>, representing the community services board<\/span> that prepared the preadmission screening report shall attend the hearing<\/span> in person or, if physical attendance is not practicable, shall participate in the hearing<\/span> through a two-way electronic video and audio or telephonic communication system as authorized in § 37.2-804.1<\/a>. Where a hearing<\/span> is held outside of the service area<\/span> of the community services board<\/span> that prepared the preadmission screening report, and it is not practicable for a representative of the community services board<\/span> that prepared the preadmission screening report to attend or participate in the hearing<\/span>, arrangements shall be made by the community services board<\/span> that prepared the preadmission screening report for an employee or designee of the community services board<\/span> serving the area in which the hearing<\/span> is held to attend or participate on behalf of the community services board<\/span> that prepared the preadmission screening report. The employee or designee of the local community services board<\/span>, as defined in § 37.2-809<\/a>, representing the community services board<\/span> that prepared the preadmission screening report or attending or participating on behalf of the community services board<\/span> that prepared the preadmission screening report shall not be excluded from the hearing<\/span> pursuant to an order<\/span> of sequestration of witnesses. The community services board<\/span> that prepared the preadmission screening report shall remain responsible for the person subject to the hearing<\/span> and, prior to the hearing<\/span>, shall send the preadmission screening report through certified mail, personal delivery, facsimile with return receipt acknowledged, or other electronic means with documented acknowledgment of receipt to the community services board<\/span> attending the hearing<\/span>. Where a community services board<\/span> attends the hearing<\/span> on behalf of the community services board<\/span> that prepared the preadmission screening report, the attending community services board<\/span> shall inform the community services board<\/span> that prepared the preadmission screening report of the disposition<\/span> of the matter upon the conclusion of the hearing<\/span>. In addition, the attending community services board<\/span> shall transmit the disposition<\/span> through certified mail, personal delivery, facsimile with return receipt acknowledged, or other electronic means with documented acknowledgment of receipt.\n\t\t\tAt least 12 hours prior to the hearing<\/span>, the court<\/span> shall provide to the community services board<\/span> that prepared the preadmission screening report the time and location of the hearing<\/span>. If the representative of the community services board<\/span> that prepared the preadmission screening report will be present by telephonic means, the court<\/span> shall provide the telephone number to the community services board<\/span>. If a representative of a community services board<\/span> will be attending the hearing<\/span> on behalf of the community services board<\/span> that prepared the preadmission screening report, the community services board<\/span> that prepared the preadmission screening report shall promptly communicate the time and location of the hearing<\/span> and, if the representative of the community services board<\/span> attending on behalf of the community services board<\/span> that prepared the preadmission screening report will be present by telephonic means, the telephone number to the attending community services board<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> After observing the person and considering (i) the recommendations of any treating or examining physician or psychologist licensed in Virginia, if available, (ii) any past actions of the person, (iii) any past mental health treatment<\/span> of the person, (iv) any examiner’s certification, (v) any health records available, (vi) the preadmission screening report, and (vii) any other relevant evidence<\/span> that may have been admitted, including whether the person recently has been found unrestorably incompetent to stand trial<\/span> after a hearing<\/span> held pursuant to subsection E of § 19.2-169.1<\/a>, if the judge<\/span> or special justice<\/span> finds by clear and convincing evidence<\/span> that (a) the person 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, (1) 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 (2) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs, and (b) all available less restrictive treatment alternatives to involuntary inpatient treatment that would offer an opportunity for the improvement of the person’s condition have been investigated and determined to be inappropriate, the judge<\/span> or special justice<\/span> shall by written order and specific findings<\/span> so certify and order that the person be admitted involuntarily to a facility<\/span> for a period of treatment not to exceed 30 days from the date of the court order<\/span>. Such involuntary admission shall be to a facility<\/span> designated by the community services board<\/span> that serves the county or city in which the person was examined as provided in § 37.2-816<\/a>. If the community services board<\/span> does not designate a facility<\/span> at the commitment hearing<\/span>, the person shall be involuntarily admitted to a facility<\/span> designated by the Commissioner<\/span>. Upon the expiration of an order for involuntary admission, the person shall be released unless (A) he is involuntarily admitted by further petition<\/span> and order of a court, which shall be for a period not to exceed 180 days from the date of the subsequent court order<\/span>, (B) he makes application for treatment on a voluntary basis as provided for in § 37.2-805<\/a>, or (C) he is ordered to mandatory outpatient treatment following a period of inpatient treatment pursuant to § 37.2-817.01<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If the judge<\/span> or special justice<\/span> finds that the person does not meet the criteria for involuntary admission and the preadmission screening report indicates that referral to a community-based outpatient stabilization program for voluntary treatment would be appropriate, the board or certified evaluator that prepared the preadmission screening report shall provide the person with such referral. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\n(EFFECTIVE JULY 1, 2026) INVOLUNTARY ADMISSION (\u00a7 37.2-817)\n\nA. The district court judge or special justice shall render a decision on the\npetition for involuntary admission after the appointed examiner has presented\nthe report required by § 37.2-815, and after the community services board\nthat serves the county or city where the person resides or, if impractical,\nwhere the person is located has presented a preadmission screening report with\nrecommendations for that person’s placement, care, and treatment pursuant\nto § 37.2-816. These reports, if not contested, may constitute sufficient\nevidence upon which the district court judge or special justice may base his\ndecision. The examiner, if not physically present at the hearing, and the\ntreating physician at the facility of temporary detention shall be available\nwhenever possible for questioning during the hearing through a two-way\nelectronic video and audio or telephonic communication system as authorized in\n§ 37.2-804.1.\n\nB. Any employee or designee of the local community services board, as defined in\n§ 37.2-809, representing the community services board that prepared the\npreadmission screening report shall attend the hearing in person or, if physical\nattendance is not practicable, shall participate in the hearing through a\ntwo-way electronic video and audio or telephonic communication system as\nauthorized in § 37.2-804.1. Where a hearing is held outside of the service\narea of the community services board that prepared the preadmission screening\nreport, and it is not practicable for a representative of the community services\nboard that prepared the preadmission screening report to attend or participate\nin the hearing, arrangements shall be made by the community services board that\nprepared the preadmission screening report for an employee or designee of the\ncommunity services board serving the area in which the hearing is held to attend\nor participate on behalf of the community services board that prepared the\npreadmission screening report. The employee or designee of the local community\nservices board, as defined in § 37.2-809, representing the community\nservices board that prepared the preadmission screening report or attending or\nparticipating on behalf of the community services board that prepared the\npreadmission screening report shall not be excluded from the hearing pursuant to\nan order of sequestration of witnesses. The community services board that\nprepared the preadmission screening report shall remain responsible for the\nperson subject to the hearing and, prior to the hearing, shall send the\npreadmission screening report through certified mail, personal delivery,\nfacsimile with return receipt acknowledged, or other electronic means with\ndocumented acknowledgment of receipt to the community services board attending\nthe hearing. Where a community services board attends the hearing on behalf of\nthe community services board that prepared the preadmission screening report,\nthe attending community services board shall inform the community services board\nthat prepared the preadmission screening report of the disposition of the matter\nupon the conclusion of the hearing. In addition, the attending community\nservices board shall transmit the disposition through certified mail, personal\ndelivery, facsimile with return receipt acknowledged, or other electronic means\nwith documented acknowledgment of receipt.\n\t\t\tAt least 12 hours prior to the hearing, the court shall provide to the\ncommunity services board that prepared the preadmission screening report the\ntime and location of the hearing. If the representative of the community\nservices board that prepared the preadmission screening report will be present\nby telephonic means, the court shall provide the telephone number to the\ncommunity services board. If a representative of a community services board will\nbe attending the hearing on behalf of the community services board that prepared\nthe preadmission screening report, the community services board that prepared\nthe preadmission screening report shall promptly communicate the time and\nlocation of the hearing and, if the representative of the community services\nboard attending on behalf of the community services board that prepared the\npreadmission screening report will be present by telephonic means, the telephone\nnumber to the attending community services board.\n\nC. After observing the person and considering (i) the recommendations of any\ntreating or examining physician or psychologist licensed in Virginia, if\navailable, (ii) any past actions of the person, (iii) any past mental health\ntreatment of the person, (iv) any examiner’s certification, (v) any health\nrecords available, (vi) the preadmission screening report, and (vii) any other\nrelevant evidence that may have been admitted, including whether the person\nrecently has been found unrestorably incompetent to stand trial after a hearing\nheld pursuant to subsection E of § 19.2-169.1, if the judge or special\njustice finds by clear and convincing evidence that (a) the person has a mental\nillness and there is a substantial likelihood that, as a result of mental\nillness, the person will, in the near future, (1) cause serious physical harm to\nhimself or others as evidenced by recent behavior causing, attempting, or\nthreatening harm and other relevant information, if any, or (2) suffer serious\nharm due to his lack of capacity to protect himself from harm or to provide for\nhis basic human needs, and (b) all available less restrictive treatment\nalternatives to involuntary inpatient treatment that would offer an opportunity\nfor the improvement of the person’s condition have been investigated and\ndetermined to be inappropriate, the judge or special justice shall by written\norder and specific findings so certify and order that the person be admitted\ninvoluntarily to a facility for a period of treatment not to exceed 30 days from\nthe date of the court order. Such involuntary admission shall be to a facility\ndesignated by the community services board that serves the county or city in\nwhich the person was examined as provided in § 37.2-816. If the community\nservices board does not designate a facility at the commitment hearing, the\nperson shall be involuntarily admitted to a facility designated by the\nCommissioner. Upon the expiration of an order for involuntary admission, the\nperson shall be released unless (A) he is involuntarily admitted by further\npetition and order of a court, which shall be for a period not to exceed 180\ndays from the date of the subsequent court order, (B) he makes application for\ntreatment on a voluntary basis as provided for in § 37.2-805, or (C) he is\nordered to mandatory outpatient treatment following a period of inpatient\ntreatment pursuant to § 37.2-817.01.\n\nD. If the judge or special justice finds that the person does not meet the\ncriteria for involuntary admission and the preadmission screening report\nindicates that referral to a community-based outpatient stabilization program\nfor voluntary treatment would be appropriate, the board or certified evaluator\nthat prepared the preadmission screening report shall provide the person with\nsuch referral.\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, cc. 458, 716; 2008,\ncc. 779, 780, 782, 793, 850, 870; 2009, cc. 21, 838; 2010, cc. 330, 461; 2012,\ncc. 300, 451, 501; 2013, c. 179; 2014, cc. 499, 538; 2016, c. 688; 2021, Sp.\nSess. I, c. 221; 2022, c. 763; 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}}