{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-40.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-40.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-40.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-40.2.html"}],"law_id":65505,"edition_id":1,"section_id":65505,"structure_id":14675,"section_number":"53.1-40.2","catch_line":"Involuntary admission of prisoners with mental illness","history":"1988, c. 873; 2005, c. 716; 2008, cc. 779, 850, 870; 2009, cc. 813, 840; 2020, c. 945; 2022, c. 509.","full_text":"A\n\nUpon the petition of the Director or his designee, any district court judge or any special justice, as defined by § 37.2-100, of the county or city where the prisoner is located may issue an order authorizing involuntary admission of a prisoner who is sentenced and committed to the Department of Corrections and who is alleged or reliably reported to have a mental illness to a degree that warrants hospitalization.B\n\nSuch prisoner may be involuntarily admitted to a hospital or facility for the care and treatment of persons with mental illness by complying with the following admission procedures:1\n\nA hearing on the petition shall be scheduled as soon as possible, allowing the prisoner an opportunity to prepare any defenses which he may have, obtain independent evaluation and expert opinion at his own expense, and summons other witnesses.2\n\nPrior to such hearing, the judge or special justice shall fully inform the prisoner of the allegations of the petition, the standard upon which he may be admitted involuntarily, the right of appeal from such hearing to the circuit court, and the right to jury trial on appeal. The judge or special justice shall ascertain if the prisoner is represented by counsel, and, if he is not represented by counsel, the judge or special justice shall appoint an attorney to represent the prisoner.3\n\nThe judge or special justice shall require an examination of such prisoner by a psychiatrist, clinical psychologist, clinical social worker, or licensed professional counselor who is licensed in Virginia or, if such psychiatrist, clinical psychologist, clinical social worker, or licensed professional counselor is not available, a physician or psychologist who is licensed in Virginia and who is qualified in the diagnosis of mental illness. The judge or special justice shall summons the examiner, who shall certify that he has personally examined the individual and has probable cause to believe that the prisoner does or does not have mental illness, that there does or does not exist a substantial likelihood that, as a result of mental illness, the prisoner will, in the near future, cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, and that the prisoner does or does not require involuntary hospitalization. The judge or special justice may accept written certification of the examiner’s findings if the examination has been personally made within the preceding five days and if there is no objection to the acceptance of such written certification by the prisoner or his attorney.4\n\nIf the judge or special justice, after observing the prisoner and obtaining the necessary positive certification and other relevant evidence, finds specifically that (i) the prisoner has a mental illness and that there exists a substantial likelihood that, as a result of mental illness, the prisoner will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (b) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs, and (ii) alternatives to involuntary admission have been investigated and deemed unsuitable and there is no less restrictive alternative to such admission, the judge or special justice shall by written order and specific findings so certify and order that the prisoner be placed in a hospital or other facility designated by the Director for a period not to exceed 180 days from the date of the court order. Such placement shall be in a hospital or other facility for the care and treatment of persons with mental illness that is licensed or operated by the Department of Behavioral Health and Developmental Services.5\n\nThe judge or special justice shall also order that the relevant medical records of such prisoner be released to the hospital, facility, or program in which he is placed upon request of the treating physician or director of the hospital, facility, or program.6\n\nThe Department shall prepare the forms required in procedures for admission as approved by the Attorney General. These forms, which shall be the legal forms used in such admissions, shall be distributed by the Department to the clerks of the general district courts of the various counties and cities of the Commonwealth and to the directors of the respective state hospitals.","order_by":null,"text":{"0":{"id":238139,"text":"Upon the petition of the Director or his designee, any district court judge or any special justice, as defined by § 37.2-100, of the county or city where the prisoner is located may issue an order authorizing involuntary admission of a prisoner who is sentenced and committed to the Department of Corrections and who is alleged or reliably reported to have a mental illness to a degree that warrants hospitalization.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":238140,"text":"Such prisoner may be involuntarily admitted to a hospital or facility for the care and treatment of persons with mental illness by complying with the following admission procedures:","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"B1"},"2":{"id":238141,"text":"A hearing on the petition shall be scheduled as soon as possible, allowing the prisoner an opportunity to prepare any defenses which he may have, obtain independent evaluation and expert opinion at his own expense, and summons other witnesses.","type":"section","prefixes":["B","1"],"prefix":"1","entire_prefix":"B1","prefix_anchor":"B1","level":2,"prior_prefix":"B","next_prefix":"B2"},"3":{"id":238142,"text":"Prior to such hearing, the judge or special justice shall fully inform the prisoner of the allegations of the petition, the standard upon which he may be admitted involuntarily, the right of appeal from such hearing to the circuit court, and the right to jury trial on appeal. The judge or special justice shall ascertain if the prisoner is represented by counsel, and, if he is not represented by counsel, the judge or special justice shall appoint an attorney to represent the prisoner.","type":"section","prefixes":["B","2"],"prefix":"2","entire_prefix":"B2","prefix_anchor":"B2","level":2,"prior_prefix":"B1","next_prefix":"B3"},"4":{"id":238143,"text":"The judge or special justice shall require an examination of such prisoner by a psychiatrist, clinical psychologist, clinical social worker, or licensed professional counselor who is licensed in Virginia or, if such psychiatrist, clinical psychologist, clinical social worker, or licensed professional counselor is not available, a physician or psychologist who is licensed in Virginia and who is qualified in the diagnosis of mental illness. The judge or special justice shall summons the examiner, who shall certify that he has personally examined the individual and has probable cause to believe that the prisoner does or does not have mental illness, that there does or does not exist a substantial likelihood that, as a result of mental illness, the prisoner will, in the near future, cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, and that the prisoner does or does not require involuntary hospitalization. The judge or special justice may accept written certification of the examiner’s findings if the examination has been personally made within the preceding five days and if there is no objection to the acceptance of such written certification by the prisoner or his attorney.","type":"section","prefixes":["B","3"],"prefix":"3","entire_prefix":"B3","prefix_anchor":"B3","level":2,"prior_prefix":"B2","next_prefix":"B4"},"5":{"id":238144,"text":"If the judge or special justice, after observing the prisoner and obtaining the necessary positive certification and other relevant evidence, finds specifically that (i) the prisoner has a mental illness and that there exists a substantial likelihood that, as a result of mental illness, the prisoner will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (b) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs, and (ii) alternatives to involuntary admission have been investigated and deemed unsuitable and there is no less restrictive alternative to such admission, the judge or special justice shall by written order and specific findings so certify and order that the prisoner be placed in a hospital or other facility designated by the Director for a period not to exceed 180 days from the date of the court order. Such placement shall be in a hospital or other facility for the care and treatment of persons with mental illness that is licensed or operated by the Department of Behavioral Health and Developmental Services.","type":"section","prefixes":["B","4"],"prefix":"4","entire_prefix":"B4","prefix_anchor":"B4","level":2,"prior_prefix":"B3","next_prefix":"B5"},"6":{"id":238145,"text":"The judge or special justice shall also order that the relevant medical records of such prisoner be released to the hospital, facility, or program in which he is placed upon request of the treating physician or director of the hospital, facility, or program.","type":"section","prefixes":["B","5"],"prefix":"5","entire_prefix":"B5","prefix_anchor":"B5","level":2,"prior_prefix":"B4","next_prefix":"B6"},"7":{"id":238146,"text":"The Department shall prepare the forms required in procedures for admission as approved by the Attorney General. These forms, which shall be the legal forms used in such admissions, shall be distributed by the Department to the clerks of the general district courts of the various counties and cities of the Commonwealth and to the directors of the respective state hospitals.","type":"section","prefixes":["B","6"],"prefix":"6","entire_prefix":"B6","prefix_anchor":"B6","level":2,"prior_prefix":"B5"}},"ancestry":[{"id":14675,"edition_id":1,"name":"Medical and Mental Health Care; Involuntary Admission and Treatment","identifier":"2.1","label":"article","depth":3,"order_by":1,"parent_id":12718,"metadata":{},"date_created":"2026-06-26 03:49:16","date_modified":"2026-06-26 03:49:16","permalink":{"id":238035,"object_type":"structure","relational_id":14675,"identifier":"2.1","token":"53.1\/2\/2.1","url":"\/53.1\/2\/2.1\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12718,"edition_id":1,"name":"State Correctional Facilities","identifier":"2","label":"chapter","depth":2,"order_by":1,"parent_id":12717,"metadata":{},"date_created":"2026-06-26 03:43:49","date_modified":"2026-06-26 03:43:49","permalink":{"id":237861,"object_type":"structure","relational_id":12718,"identifier":"2","token":"53.1\/2","url":"\/53.1\/2\/","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":60055,"structure_id":14675,"section_number":"53.1-40.1","catch_line":"Medical and mental health treatment of prisoners incapable of giving consent","url":"\/53.1-40.1\/","token":"53.1\/2\/2.1\/53.1-40.1","metadata":false},{"id":86134,"structure_id":14675,"section_number":"53.1-40.10","catch_line":"Exchange of medical and mental health information and records","url":"\/53.1-40.10\/","token":"53.1\/2\/2.1\/53.1-40.10","metadata":false},{"id":65505,"structure_id":14675,"section_number":"53.1-40.2","catch_line":"Involuntary admission of prisoners with mental illness","url":"\/53.1-40.2\/","token":"53.1\/2\/2.1\/53.1-40.2","metadata":false},{"id":60963,"structure_id":14675,"section_number":"53.1-40.3","catch_line":"Place of hearing or proceeding","url":"\/53.1-40.3\/","token":"53.1\/2\/2.1\/53.1-40.3","metadata":false},{"id":67532,"structure_id":14675,"section_number":"53.1-40.4","catch_line":"Appeal of order authorizing involuntary admission","url":"\/53.1-40.4\/","token":"53.1\/2\/2.1\/53.1-40.4","metadata":false},{"id":71299,"structure_id":14675,"section_number":"53.1-40.5","catch_line":"Transfer of prisoner involuntarily admitted","url":"\/53.1-40.5\/","token":"53.1\/2\/2.1\/53.1-40.5","metadata":false},{"id":56280,"structure_id":14675,"section_number":"53.1-40.6","catch_line":"Periodic review of prisoner for purposes of retention","url":"\/53.1-40.6\/","token":"53.1\/2\/2.1\/53.1-40.6","metadata":false},{"id":78134,"structure_id":14675,"section_number":"53.1-40.7","catch_line":"Discharge of prisoner involuntarily admitted","url":"\/53.1-40.7\/","token":"53.1\/2\/2.1\/53.1-40.7","metadata":false},{"id":62432,"structure_id":14675,"section_number":"53.1-40.8","catch_line":"Fees and expenses","url":"\/53.1-40.8\/","token":"53.1\/2\/2.1\/53.1-40.8","metadata":false},{"id":86543,"structure_id":14675,"section_number":"53.1-40.9","catch_line":"Civil admission proceeding prior to release","url":"\/53.1-40.9\/","token":"53.1\/2\/2.1\/53.1-40.9","metadata":false}],"previous_section":{"id":86134,"structure_id":14675,"section_number":"53.1-40.10","catch_line":"Exchange of medical and mental health information and records","url":"\/53.1-40.10\/","token":"53.1\/2\/2.1\/53.1-40.10","metadata":false},"next_section":{"id":60963,"structure_id":14675,"section_number":"53.1-40.3","catch_line":"Place of hearing or proceeding","url":"\/53.1-40.3\/","token":"53.1\/2\/2.1\/53.1-40.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-40.2\/","history_text":"

This law was first created in 1988. The record of its establishment is cataloged in chapter 873 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 1988 \u201cActs\u201d aren\u2019t available online. It has been modified 5 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 2005, chapter 716<\/a>; in 2008, chapters 779<\/a>, 850<\/a>, and 870<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2020, chapter 945<\/a>; in 2022, chapter 509<\/a>.<\/p>","references":[{"id":84291,"section_number":"37.2-803","catch_line":"Special justices to perform duties of judge","order_by":null,"url":"\/37.2-803\/"},{"id":60963,"section_number":"53.1-40.3","catch_line":"Place of hearing or proceeding","order_by":null,"url":"\/53.1-40.3\/"},{"id":67532,"section_number":"53.1-40.4","catch_line":"Appeal of order authorizing involuntary admission","order_by":null,"url":"\/53.1-40.4\/"},{"id":62432,"section_number":"53.1-40.8","catch_line":"Fees and expenses","order_by":null,"url":"\/53.1-40.8\/"},{"id":86543,"section_number":"53.1-40.9","catch_line":"Civil admission proceeding prior to release","order_by":null,"url":"\/53.1-40.9\/"}],"refers_to":[{"id":76036,"section_number":"37.2-100","catch_line":"Definitions","order_by":null,"url":"\/37.2-100\/"}],"permalink":{"id":238045,"object_type":"law","relational_id":65505,"identifier":"53.1-40.2","token":"53.1\/2\/2.1\/53.1-40.2","url":"\/53.1-40.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-40.2\/","token":"53.1\/2\/2.1\/53.1-40.2","dublin_core":{"Title":"Involuntary admission of prisoners with mental illness","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-40.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon the petition<\/span> of the Director<\/span> or his designee, any district court<\/span> judge<\/span> or any special justice, as defined by § 37.2-100<\/a>, of the county or city where the prisoner is located may issue<\/span> an order<\/span> authorizing involuntary admission of a prisoner who is sentenced and committed to the Department<\/span> of Corrections and who is alleged or reliably reported to have a mental illness to a degree that warrants hospitalization. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Such prisoner may be involuntarily admitted to a hospital or facility for the care and treatment of persons with mental illness by complying with the following admission procedures: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> A hearing<\/span> on the petition<\/span> shall be scheduled as soon as possible, allowing the prisoner an opportunity to prepare any defenses which he may have, obtain independent evaluation and expert opinion<\/span> at his own expense, and summons<\/span> other witnesses. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Prior to such hearing<\/span>, the judge<\/span> or special justice shall fully inform the prisoner of the allegations<\/span> of the petition<\/span>, the standard upon which he may be admitted involuntarily, the right of appeal<\/span> from such hearing<\/span> to the circuit<\/span> court<\/span>, and the right to jury trial<\/span> on appeal<\/span>. The judge<\/span> or special justice shall ascertain if the prisoner is represented by counsel<\/span>, and, if he is not represented by counsel<\/span>, the judge<\/span> or special justice shall appoint an attorney to represent the prisoner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> The judge<\/span> or special justice shall require an examination of such prisoner by a psychiatrist, clinical psychologist, clinical social worker, or licensed professional counselor who is licensed in Virginia or, if such psychiatrist, clinical psychologist, clinical social worker, or licensed professional counselor is not available, a physician or psychologist who is licensed in Virginia and who is qualified in the diagnosis of mental illness. The judge<\/span> or special justice shall summons<\/span> the examiner, who shall certify that he has personally examined the individual and has probable cause<\/span> to believe that the prisoner does or does not have mental illness, that there does or does not exist a substantial likelihood that, as a result of mental illness, the prisoner will, in the near future, cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, and that the prisoner does or does not require involuntary hospitalization. The judge<\/span> or special justice may accept written certification of the examiner’s findings<\/span> if the examination has been personally made within the preceding five days and if there is no objection to the acceptance of such written certification by the prisoner or his attorney. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

4.<\/span> If the judge<\/span> or special justice, after observing the prisoner and obtaining the necessary positive certification and other relevant evidence<\/span>, finds specifically that (i) the prisoner has a mental illness and that there exists a substantial likelihood that, as a result of mental illness, the prisoner will, in the near future, (a) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting, or threatening harm and other relevant information, if any, or (b) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs, and (ii) alternatives to involuntary admission have been investigated and deemed unsuitable and there is no less restrictive alternative to such admission, the judge<\/span> or special justice shall by written order and specific findings<\/span> so certify and order that the prisoner be placed in a hospital or other facility designated by the Director<\/span> for a period not to exceed 180 days from the date of the court order<\/span>. Such placement shall be in a hospital or other facility for the care and treatment of persons with mental illness that is licensed or operated by the Department<\/span> of Behavioral Health and Developmental Services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

5.<\/span> The judge<\/span> or special justice shall also order that the relevant medical records of such prisoner be released to the hospital, facility, or program in which he is placed upon request of the treating physician or director<\/span> of the hospital, facility, or program. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

6.<\/span> The Department<\/span> shall prepare the forms required in procedures for admission as approved by the Attorney General<\/span>. These forms, which shall be the legal forms used in such admissions, shall be distributed by the Department<\/span> to the clerks of the general district courts<\/span> of the various counties and cities of the Commonwealth and to the directors<\/span> of the respective state hospitals. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nINVOLUNTARY ADMISSION OF PRISONERS WITH MENTAL ILLNESS (\u00a7 53.1-40.2)\n\nA. Upon the petition of the Director or his designee, any district court judge\nor any special justice, as defined by § 37.2-100, of the county or city\nwhere the prisoner is located may issue an order authorizing involuntary\nadmission of a prisoner who is sentenced and committed to the Department of\nCorrections and who is alleged or reliably reported to have a mental illness to\na degree that warrants hospitalization.\n\nB. Such prisoner may be involuntarily admitted to a hospital or facility for the\ncare and treatment of persons with mental illness by complying with the\nfollowing admission procedures:\n\n 1. A hearing on the petition shall be scheduled as soon as possible, allowing\n the prisoner an opportunity to prepare any defenses which he may have, obtain\n independent evaluation and expert opinion at his own expense, and summons\n other witnesses.\n\n 2. Prior to such hearing, the judge or special justice shall fully inform the\n prisoner of the allegations of the petition, the standard upon which he may be\n admitted involuntarily, the right of appeal from such hearing to the circuit\n court, and the right to jury trial on appeal. The judge or special justice\n shall ascertain if the prisoner is represented by counsel, and, if he is not\n represented by counsel, the judge or special justice shall appoint an attorney\n to represent the prisoner.\n\n 3. The judge or special justice shall require an examination of such prisoner\n by a psychiatrist, clinical psychologist, clinical social worker, or licensed\n professional counselor who is licensed in Virginia or, if such psychiatrist,\n clinical psychologist, clinical social worker, or licensed professional\n counselor is not available, a physician or psychologist who is licensed in\n Virginia and who is qualified in the diagnosis of mental illness. The judge or\n special justice shall summons the examiner, who shall certify that he has\n personally examined the individual and has probable cause to believe that the\n prisoner does or does not have mental illness, that there does or does not\n exist a substantial likelihood that, as a result of mental illness, the\n prisoner will, in the near future, cause serious physical harm to himself or\n others as evidenced by recent behavior causing, attempting, or threatening\n harm and other relevant information, if any, and that the prisoner does or\n does not require involuntary hospitalization. The judge or special justice may\n accept written certification of the examiner’s findings if the\n examination has been personally made within the preceding five days and if\n there is no objection to the acceptance of such written certification by the\n prisoner or his attorney.\n\n 4. If the judge or special justice, after observing the prisoner and obtaining\n the necessary positive certification and other relevant evidence, finds\n specifically that (i) the prisoner has a mental illness and that there exists\n a substantial likelihood that, as a result of mental illness, the prisoner\n will, in the near future, (a) cause serious physical harm to himself or others\n as evidenced by recent behavior causing, attempting, or threatening harm and\n other relevant information, if any, or (b) suffer serious harm due to his lack\n of capacity to protect himself from harm or to provide for his basic human\n needs, and (ii) alternatives to involuntary admission have been investigated\n and deemed unsuitable and there is no less restrictive alternative to such\n admission, the judge or special justice shall by written order and specific\n findings so certify and order that the prisoner be placed in a hospital or\n other facility designated by the Director for a period not to exceed 180 days\n from the date of the court order. Such placement shall be in a hospital or\n other facility for the care and treatment of persons with mental illness that\n is licensed or operated by the Department of Behavioral Health and\n Developmental Services.\n\n 5. The judge or special justice shall also order that the relevant medical\n records of such prisoner be released to the hospital, facility, or program in\n which he is placed upon request of the treating physician or director of the\n hospital, facility, or program.\n\n 6. The Department shall prepare the forms required in procedures for admission\n as approved by the Attorney General. These forms, which shall be the legal\n forms used in such admissions, shall be distributed by the Department to the\n clerks of the general district courts of the various counties and cities of\n the Commonwealth and to the directors of the respective state hospitals.\n\nHISTORY: 1988, c. 873; 2005, c. 716; 2008, cc. 779, 850, 870; 2009, cc. 813,\n840; 2020, c. 945; 2022, c. 509.","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}}