{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-133.04.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-133.04.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-133.04.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-133.04.html"}],"law_id":59293,"edition_id":1,"section_id":59293,"structure_id":14854,"section_number":"53.1-133.04","catch_line":"Medical and mental health treatment of prisoners incapable of giving consent","history":"2019, c. 809.","full_text":"A\n\nThe sheriff or administrator in charge of a local or regional correctional facility or his designee may petition the circuit court or any district court judge or any special justice, as defined in § 37.2-100, herein referred to as the court, of the county or city in which the prisoner is located for an order authorizing treatment of a prisoner confined in the local or regional correctional facility. Upon filing the petition, the petitioner or the court shall serve a certified copy of the petition to the person for whom treatment is sought and, if the identity and whereabouts of the person’s next of kin are known, to the person’s next of kin. The court shall authorize such treatment in a facility designated by the sheriff or administrator upon finding, on the basis of clear and convincing evidence, that the prisoner is incapable, either mentally or physically, of giving informed consent to such treatment; that the prisoner does not have a relevant advanced directive, guardian, or other substitute decision maker; that the proposed treatment is in the best interests of the prisoner; and that the jail has sufficient medical and nursing resources available to safely administer the treatment and respond to any adverse side effects that might arise from the treatment. The facility designated for treatment by the sheriff or administrator may be located within a local or regional correctional facility if such facility is licensed to provide the treatment authorized by the court order.B\n\nPrior to the court’s authorization of such treatment, the court shall appoint an attorney to represent the interests of the prisoner. Evidence shall be presented concerning the prisoner’s condition and proposed treatment, which evidence may, in the court’s discretion and in the absence of objection by the prisoner or the prisoner’s attorney, be submitted by affidavit.C\n\nAny order authorizing treatment pursuant to subsection A shall describe the treatment authorized and authorize generally such examinations, tests, medications, and other treatments as are in the best interests of the prisoner but may not authorize nontherapeutic sterilization, abortion, or psychosurgery. Such order shall require the licensed physician, psychiatrist, clinical psychologist, professional counselor, or clinical social worker acting within his area of expertise who is treating the prisoner to report to the court and the prisoner’s attorney any change in the prisoner’s condition resulting in restoration of the prisoner’s capability to consent prior to completion of the authorized treatment and related services. Upon receipt of such report, the court may enter such order withdrawing or modifying its prior authorization as it deems appropriate. Any petition or order under this section may be orally presented or entered, provided that a written order is subsequently executed.D\n\nPrior to authorizing treatment pursuant to this section, the court shall find that there is no available person with legal authority under the Health Care Decisions Act (§ 54.1-2981 et seq.) or under other applicable law to authorize the proposed treatment.E\n\nAny order of a judge under subsection A may be appealed de novo within 10 days to the circuit court for the jurisdiction where the prisoner is located, and any order of a circuit court hereunder, either originally or on appeal, may be appealed within 10 days to the Court of Appeals, which shall give such appeal priority and hear the appeal as soon as possible.F\n\nWhenever the director of any hospital or facility reasonably believes that treatment is necessary to protect the life, health, or safety of a prisoner, such treatment may be given during the period allowed for any appeal unless prohibited by order of a court of record wherein the appeal is pending.G\n\nUpon the advice of a licensed physician, psychiatrist, or clinical psychologist acting within his area of expertise who has attempted to obtain consent and upon a finding of probable cause to believe that a prisoner is incapable, due to any physical or mental condition, of giving informed consent to treatment and that the medical standard of care calls for testing, observation, or other treatment within the next 12 hours to prevent death, disability, or a serious irreversible condition, the court or, if the court is unavailable, a magistrate shall issue an order authorizing temporary admission of the prisoner to a hospital or other health care facility and authorizing such testing, observation, or other treatment. Such order shall expire after a period of 12 hours unless extended by the court as part of an order authorizing treatment under subsection A.H\n\nAny licensed health or mental health professional or licensed facility providing services pursuant to the court’s or magistrate’s authorization as provided in this section shall have no liability arising out of a claim to the extent that it is based on lack of consent to such services, except with respect to injury or death resulting from gross negligence or willful and wanton misconduct. Any such professional or facility providing services with the consent of the prisoner receiving treatment shall have no liability arising out of a claim to the extent that it is based on lack of capacity to consent, except with respect to injury or death resulting from gross negligence or willful and wanton misconduct, if a court or a magistrate has denied a petition hereunder to authorize such services and such denial was based on an affirmative finding that the prisoner was capable of making an informed decision regarding the proposed services.I\n\nNothing in this section shall be deemed to limit or repeal any common law rule relating to consent for medical treatment or the right to apply or the authority conferred by any other applicable statute or regulation relating to consent.","order_by":null,"text":{"0":{"id":217319,"text":"The sheriff or administrator in charge of a local or regional correctional facility or his designee may petition the circuit court or any district court judge or any special justice, as defined in § 37.2-100, herein referred to as the court, of the county or city in which the prisoner is located for an order authorizing treatment of a prisoner confined in the local or regional correctional facility. Upon filing the petition, the petitioner or the court shall serve a certified copy of the petition to the person for whom treatment is sought and, if the identity and whereabouts of the person’s next of kin are known, to the person’s next of kin. The court shall authorize such treatment in a facility designated by the sheriff or administrator upon finding, on the basis of clear and convincing evidence, that the prisoner is incapable, either mentally or physically, of giving informed consent to such treatment; that the prisoner does not have a relevant advanced directive, guardian, or other substitute decision maker; that the proposed treatment is in the best interests of the prisoner; and that the jail has sufficient medical and nursing resources available to safely administer the treatment and respond to any adverse side effects that might arise from the treatment. The facility designated for treatment by the sheriff or administrator may be located within a local or regional correctional facility if such facility is licensed to provide the treatment authorized by the court order.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":217320,"text":"Prior to the court’s authorization of such treatment, the court shall appoint an attorney to represent the interests of the prisoner. Evidence shall be presented concerning the prisoner’s condition and proposed treatment, which evidence may, in the court’s discretion and in the absence of objection by the prisoner or the prisoner’s attorney, be submitted by affidavit.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":217321,"text":"Any order authorizing treatment pursuant to subsection A shall describe the treatment authorized and authorize generally such examinations, tests, medications, and other treatments as are in the best interests of the prisoner but may not authorize nontherapeutic sterilization, abortion, or psychosurgery. Such order shall require the licensed physician, psychiatrist, clinical psychologist, professional counselor, or clinical social worker acting within his area of expertise who is treating the prisoner to report to the court and the prisoner’s attorney any change in the prisoner’s condition resulting in restoration of the prisoner’s capability to consent prior to completion of the authorized treatment and related services. Upon receipt of such report, the court may enter such order withdrawing or modifying its prior authorization as it deems appropriate. Any petition or order under this section may be orally presented or entered, provided that a written order is subsequently executed.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":217322,"text":"Prior to authorizing treatment pursuant to this section, the court shall find that there is no available person with legal authority under the Health Care Decisions Act (§ 54.1-2981 et seq.) or under other applicable law to authorize the proposed treatment.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":217323,"text":"Any order of a judge under subsection A may be appealed de novo within 10 days to the circuit court for the jurisdiction where the prisoner is located, and any order of a circuit court hereunder, either originally or on appeal, may be appealed within 10 days to the Court of Appeals, which shall give such appeal priority and hear the appeal as soon as possible.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":217324,"text":"Whenever the director of any hospital or facility reasonably believes that treatment is necessary to protect the life, health, or safety of a prisoner, such treatment may be given during the period allowed for any appeal unless prohibited by order of a court of record wherein the appeal is pending.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":217325,"text":"Upon the advice of a licensed physician, psychiatrist, or clinical psychologist acting within his area of expertise who has attempted to obtain consent and upon a finding of probable cause to believe that a prisoner is incapable, due to any physical or mental condition, of giving informed consent to treatment and that the medical standard of care calls for testing, observation, or other treatment within the next 12 hours to prevent death, disability, or a serious irreversible condition, the court or, if the court is unavailable, a magistrate shall issue an order authorizing temporary admission of the prisoner to a hospital or other health care facility and authorizing such testing, observation, or other treatment. Such order shall expire after a period of 12 hours unless extended by the court as part of an order authorizing treatment under subsection A.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"H"},"7":{"id":217326,"text":"Any licensed health or mental health professional or licensed facility providing services pursuant to the court’s or magistrate’s authorization as provided in this section shall have no liability arising out of a claim to the extent that it is based on lack of consent to such services, except with respect to injury or death resulting from gross negligence or willful and wanton misconduct. Any such professional or facility providing services with the consent of the prisoner receiving treatment shall have no liability arising out of a claim to the extent that it is based on lack of capacity to consent, except with respect to injury or death resulting from gross negligence or willful and wanton misconduct, if a court or a magistrate has denied a petition hereunder to authorize such services and such denial was based on an affirmative finding that the prisoner was capable of making an informed decision regarding the proposed services.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G","next_prefix":"I"},"8":{"id":217327,"text":"Nothing in this section shall be deemed to limit or repeal any common law rule relating to consent for medical treatment or the right to apply or the authority conferred by any other applicable statute or regulation relating to consent.","type":"section","prefixes":["I"],"prefix":"I","entire_prefix":"I","prefix_anchor":"I","level":1,"prior_prefix":"H"}},"ancestry":[{"id":14854,"edition_id":1,"name":"Prisoner Programs and Treatment","identifier":"7","label":"article","depth":3,"order_by":1,"parent_id":12847,"metadata":{},"date_created":"2026-06-26 03:50:24","date_modified":"2026-06-26 03:50:24","permalink":{"id":238767,"object_type":"structure","relational_id":14854,"identifier":"7","token":"53.1\/3\/7","url":"\/53.1\/3\/7\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12847,"edition_id":1,"name":"Local Correctional Facilities","identifier":"3","label":"chapter","depth":2,"order_by":1,"parent_id":12717,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":238281,"object_type":"structure","relational_id":12847,"identifier":"3","token":"53.1\/3","url":"\/53.1\/3\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12717,"edition_id":1,"name":"Prisons and Other Methods of Correction","identifier":"53.1","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":237591,"object_type":"structure","relational_id":12717,"identifier":"53.1","token":"53.1","url":"\/53.1\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":67418,"structure_id":14854,"section_number":"53.1-128","catch_line":"Workforces and authorized work places","url":"\/53.1-128\/","token":"53.1\/3\/7\/53.1-128","metadata":false},{"id":66959,"structure_id":14854,"section_number":"53.1-129","catch_line":"Order permitting prisoners to work on state, county, city, town, certain private property or nonprofit organization property; bond of person in charge of prisoners","url":"\/53.1-129\/","token":"53.1\/3\/7\/53.1-129","metadata":false},{"id":75473,"structure_id":14854,"section_number":"53.1-130","catch_line":"Sheriffs, jail superintendents, etc., not to be interested in property where work performed; penalty","url":"\/53.1-130\/","token":"53.1\/3\/7\/53.1-130","metadata":false},{"id":73492,"structure_id":14854,"section_number":"53.1-131","catch_line":"Provision for release of prisoner from confinement for employment, educational or other rehabilitative programs; escape; penalty; disposition of earnings","url":"\/53.1-131\/","token":"53.1\/3\/7\/53.1-131","metadata":false},{"id":76097,"structure_id":14854,"section_number":"53.1-131.1","catch_line":"Provision for sentencing of person to nonconsecutive days in jail; payment to defray costs; penalty","url":"\/53.1-131.1\/","token":"53.1\/3\/7\/53.1-131.1","metadata":false},{"id":73781,"structure_id":14854,"section_number":"53.1-131.2","catch_line":"Assignment to a home\/electronic incarceration program; payment to defray costs; escape; penalty","url":"\/53.1-131.2\/","token":"53.1\/3\/7\/53.1-131.2","metadata":false},{"id":76868,"structure_id":14854,"section_number":"53.1-131.3","catch_line":"Payment of costs associated with prisoners' keep","url":"\/53.1-131.3\/","token":"53.1\/3\/7\/53.1-131.3","metadata":false},{"id":61325,"structure_id":14854,"section_number":"53.1-132","catch_line":"Furloughs from local work release programs; penalty for violations","url":"\/53.1-132\/","token":"53.1\/3\/7\/53.1-132","metadata":false},{"id":85322,"structure_id":14854,"section_number":"53.1-133","catch_line":"Treatment of prisoner with contagious disease","url":"\/53.1-133\/","token":"53.1\/3\/7\/53.1-133","metadata":false},{"id":71557,"structure_id":14854,"section_number":"53.1-133.01","catch_line":"Medical treatment for prisoners","url":"\/53.1-133.01\/","token":"53.1\/3\/7\/53.1-133.01","metadata":false},{"id":81065,"structure_id":14854,"section_number":"53.1-133.01:1","catch_line":"Payment for bodily injury","url":"\/53.1-133.01_1\/","token":"53.1\/3\/7\/53.1-133.01_1","metadata":false},{"id":65258,"structure_id":14854,"section_number":"53.1-133.02","catch_line":"Notice to be given upon prisoner release, escape, etc","url":"\/53.1-133.02\/","token":"53.1\/3\/7\/53.1-133.02","metadata":false},{"id":64708,"structure_id":14854,"section_number":"53.1-133.03","catch_line":"Exchange of medical and mental health information and records","url":"\/53.1-133.03\/","token":"53.1\/3\/7\/53.1-133.03","metadata":false},{"id":59293,"structure_id":14854,"section_number":"53.1-133.04","catch_line":"Medical and mental health treatment of prisoners incapable of giving consent","url":"\/53.1-133.04\/","token":"53.1\/3\/7\/53.1-133.04","metadata":false},{"id":56768,"structure_id":14854,"section_number":"53.1-133.05","catch_line":"Place of hearing on medical or mental health treatment of prisoners incapable of giving consent; fees and expenses","url":"\/53.1-133.05\/","token":"53.1\/3\/7\/53.1-133.05","metadata":false}],"previous_section":{"id":64708,"structure_id":14854,"section_number":"53.1-133.03","catch_line":"Exchange of medical and mental health information and records","url":"\/53.1-133.03\/","token":"53.1\/3\/7\/53.1-133.03","metadata":false},"next_section":{"id":56768,"structure_id":14854,"section_number":"53.1-133.05","catch_line":"Place of hearing on medical or mental health treatment of prisoners incapable of giving consent; fees and expenses","url":"\/53.1-133.05\/","token":"53.1\/3\/7\/53.1-133.05","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-133.04\/","history_text":"

This law was first created in 2019. The record of its establishment is cataloged in chapter 809<\/a> 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.<\/p>","references":[{"id":86129,"section_number":"17.1-405","catch_line":"Appellate jurisdiction \u2014 Administrative agency, Virginia Workers' Compensation Commission, and civil matter appeals","order_by":null,"url":"\/17.1-405\/"},{"id":84291,"section_number":"37.2-803","catch_line":"Special justices to perform duties of judge","order_by":null,"url":"\/37.2-803\/"},{"id":56768,"section_number":"53.1-133.05","catch_line":"Place of hearing on medical or mental health treatment of prisoners incapable of giving consent; fees and expenses","order_by":null,"url":"\/53.1-133.05\/"}],"refers_to":[{"id":76036,"section_number":"37.2-100","catch_line":"Definitions","order_by":null,"url":"\/37.2-100\/"},{"id":77307,"section_number":"54.1-2981","catch_line":"Short title","order_by":null,"url":"\/54.1-2981\/"}],"permalink":{"id":238821,"object_type":"law","relational_id":59293,"identifier":"53.1-133.04","token":"53.1\/3\/7\/53.1-133.04","url":"\/53.1-133.04\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-133.04\/","token":"53.1\/3\/7\/53.1-133.04","dublin_core":{"Title":"Medical and mental health treatment of prisoners incapable of giving consent","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-133.04","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> The sheriff or administrator in charge of a local or regional correctional facility or his designee may petition<\/span> the circuit<\/span> court or any district court judge<\/span> or any special justice, as defined in § 37.2-100<\/a>, herein referred to as the court, of the county or city in which the prisoner is located for an order authorizing treatment of a prisoner confined in the local or regional correctional facility. Upon filing the petition<\/span>, the petitioner or the court shall serve a certified copy of the petition<\/span> to the person for whom treatment is sought and, if the identity and whereabouts of the person’s next of kin are known, to the person’s next of kin. The court shall authorize such treatment in a facility designated by the sheriff or administrator upon finding<\/span>, on the basis of clear and convincing evidence<\/span>, that the prisoner is incapable, either mentally or physically, of giving informed consent to such treatment; that the prisoner does not have a relevant advanced directive, guardian, or other substitute decision maker; that the proposed treatment is in the best interests of the prisoner; and that the jail has sufficient medical and nursing resources available to safely administer the treatment and respond to any adverse side effects that might arise from the treatment. The facility designated for treatment by the sheriff or administrator may be located within a local or regional correctional facility if such facility is licensed to provide the treatment authorized by the court order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Prior to the court’s authorization of such treatment, the court shall appoint an attorney to represent the interests of the prisoner. Evidence<\/span> shall be presented concerning the prisoner’s condition and proposed treatment, which evidence<\/span> may, in the court’s discretion and in the absence of objection by the prisoner or the prisoner’s attorney, be submitted by affidavit<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Any order authorizing treatment pursuant to subsection A shall describe the treatment authorized and authorize generally such examinations, tests, medications, and other treatments as are in the best interests of the prisoner but may not authorize nontherapeutic sterilization, abortion, or psychosurgery. Such order shall require the licensed physician, psychiatrist, clinical psychologist, professional counselor, or clinical social worker acting within his area of expertise who is treating the prisoner to report to the court and the prisoner’s attorney any change in the prisoner’s condition resulting in restoration of the prisoner’s capability to consent prior to completion of the authorized treatment and related services. Upon receipt of such report, the court may enter such order withdrawing or modifying its prior authorization as it deems appropriate. Any petition<\/span> or order under this section may be orally presented or entered, provided that a written order is subsequently executed. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Prior to authorizing treatment pursuant to this section, the court shall find that there is no available person with legal authority under the Health Care Decisions Act (§ 54.1-2981<\/a> et seq.) or under other applicable law<\/span> to authorize the proposed treatment. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Any order of a judge<\/span> under subsection A may be appealed de novo<\/span> within 10 days to the circuit<\/span> court for the jurisdiction<\/span> where the prisoner is located, and any order of a circuit<\/span> court hereunder, either originally or on appeal<\/span>, may be appealed within 10 days to the Court of Appeals<\/span>, which shall give such appeal<\/span> priority and hear the appeal<\/span> as soon as possible. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Whenever the director<\/span> of any hospital or facility reasonably believes that treatment is necessary to protect the life, health, or safety of a prisoner, such treatment may be given during the period allowed for any appeal<\/span> unless prohibited by order of a court of record wherein the appeal<\/span> is pending. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> Upon the advice of a licensed physician, psychiatrist, or clinical psychologist acting within his area of expertise who has attempted to obtain consent and upon a finding<\/span> of probable cause<\/span> to believe that a prisoner is incapable, due to any physical or mental condition, of giving informed consent to treatment and that the medical standard of care calls for testing, observation, or other treatment within the next 12 hours to prevent death, disability, or a serious irreversible condition, the court or, if the court is unavailable, a magistrate<\/span> shall issue<\/span> an order authorizing temporary admission of the prisoner to a hospital or other health care facility and authorizing such testing, observation, or other treatment. Such order shall expire after a period of 12 hours unless extended by the court as part of an order authorizing treatment under subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> Any licensed health or mental health professional or licensed facility providing services pursuant to the court’s or magistrate<\/span>’s authorization as provided in this section shall have no liability arising out of a claim to the extent that it is based on lack of consent to such services, except with respect to injury or death resulting from gross negligence<\/span> or willful and wanton misconduct. Any such professional or facility providing services with the consent of the prisoner receiving treatment shall have no liability arising out of a claim to the extent that it is based on lack of capacity to consent, except with respect to injury or death resulting from gross negligence<\/span> or willful and wanton misconduct, if a court or a magistrate<\/span> has denied a petition<\/span> hereunder to authorize such services and such denial was based on an affirmative finding<\/span> that the prisoner was capable of making an informed decision regarding the proposed services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

I.<\/span> Nothing in this section shall be deemed to limit or repeal any common law<\/span> rule relating to consent for medical treatment or the right to apply or the authority conferred by any other applicable statute<\/span> or regulation relating to consent. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMEDICAL AND MENTAL HEALTH TREATMENT OF PRISONERS INCAPABLE OF GIVING CONSENT (\u00a7\n53.1-133.04)\n\nA. The sheriff or administrator in charge of a local or regional correctional\nfacility or his designee may petition the circuit court or any district court\njudge or any special justice, as defined in § 37.2-100, herein referred to\nas the court, of the county or city in which the prisoner is located for an\norder authorizing treatment of a prisoner confined in the local or regional\ncorrectional facility. Upon filing the petition, the petitioner or the court\nshall serve a certified copy of the petition to the person for whom treatment is\nsought and, if the identity and whereabouts of the person’s next of kin\nare known, to the person’s next of kin. The court shall authorize such\ntreatment in a facility designated by the sheriff or administrator upon finding,\non the basis of clear and convincing evidence, that the prisoner is incapable,\neither mentally or physically, of giving informed consent to such treatment;\nthat the prisoner does not have a relevant advanced directive, guardian, or\nother substitute decision maker; that the proposed treatment is in the best\ninterests of the prisoner; and that the jail has sufficient medical and nursing\nresources available to safely administer the treatment and respond to any\nadverse side effects that might arise from the treatment. The facility\ndesignated for treatment by the sheriff or administrator may be located within a\nlocal or regional correctional facility if such facility is licensed to provide\nthe treatment authorized by the court order.\n\nB. Prior to the court’s authorization of such treatment, the court shall\nappoint an attorney to represent the interests of the prisoner. Evidence shall\nbe presented concerning the prisoner’s condition and proposed treatment,\nwhich evidence may, in the court’s discretion and in the absence of\nobjection by the prisoner or the prisoner’s attorney, be submitted by\naffidavit.\n\nC. Any order authorizing treatment pursuant to subsection A shall describe the\ntreatment authorized and authorize generally such examinations, tests,\nmedications, and other treatments as are in the best interests of the prisoner\nbut may not authorize nontherapeutic sterilization, abortion, or psychosurgery.\nSuch order shall require the licensed physician, psychiatrist, clinical\npsychologist, professional counselor, or clinical social worker acting within\nhis area of expertise who is treating the prisoner to report to the court and\nthe prisoner’s attorney any change in the prisoner’s condition\nresulting in restoration of the prisoner’s capability to consent prior to\ncompletion of the authorized treatment and related services. Upon receipt of\nsuch report, the court may enter such order withdrawing or modifying its prior\nauthorization as it deems appropriate. Any petition or order under this section\nmay be orally presented or entered, provided that a written order is\nsubsequently executed.\n\nD. Prior to authorizing treatment pursuant to this section, the court shall find\nthat there is no available person with legal authority under the Health Care\nDecisions Act (§ 54.1-2981 et seq.) or under other applicable law to\nauthorize the proposed treatment.\n\nE. Any order of a judge under subsection A may be appealed de novo within 10\ndays to the circuit court for the jurisdiction where the prisoner is located,\nand any order of a circuit court hereunder, either originally or on appeal, may\nbe appealed within 10 days to the Court of Appeals, which shall give such appeal\npriority and hear the appeal as soon as possible.\n\nF. Whenever the director of any hospital or facility reasonably believes that\ntreatment is necessary to protect the life, health, or safety of a prisoner,\nsuch treatment may be given during the period allowed for any appeal unless\nprohibited by order of a court of record wherein the appeal is pending.\n\nG. Upon the advice of a licensed physician, psychiatrist, or clinical\npsychologist acting within his area of expertise who has attempted to obtain\nconsent and upon a finding of probable cause to believe that a prisoner is\nincapable, due to any physical or mental condition, of giving informed consent\nto treatment and that the medical standard of care calls for testing,\nobservation, or other treatment within the next 12 hours to prevent death,\ndisability, or a serious irreversible condition, the court or, if the court is\nunavailable, a magistrate shall issue an order authorizing temporary admission\nof the prisoner to a hospital or other health care facility and authorizing such\ntesting, observation, or other treatment. Such order shall expire after a period\nof 12 hours unless extended by the court as part of an order authorizing\ntreatment under subsection A.\n\nH. Any licensed health or mental health professional or licensed facility\nproviding services pursuant to the court’s or magistrate’s\nauthorization as provided in this section shall have no liability arising out of\na claim to the extent that it is based on lack of consent to such services,\nexcept with respect to injury or death resulting from gross negligence or\nwillful and wanton misconduct. Any such professional or facility providing\nservices with the consent of the prisoner receiving treatment shall have no\nliability arising out of a claim to the extent that it is based on lack of\ncapacity to consent, except with respect to injury or death resulting from gross\nnegligence or willful and wanton misconduct, if a court or a magistrate has\ndenied a petition hereunder to authorize such services and such denial was based\non an affirmative finding that the prisoner was capable of making an informed\ndecision regarding the proposed services.\n\nI. Nothing in this section shall be deemed to limit or repeal any common law\nrule relating to consent for medical treatment or the right to apply or the\nauthority conferred by any other applicable statute or regulation relating to\nconsent.\n\nHISTORY: 2019, c. 809.","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}}