{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-40.4.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-40.4.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-40.4.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-40.4.html"}],"law_id":67532,"edition_id":1,"section_id":67532,"structure_id":14675,"section_number":"53.1-40.4","catch_line":"Appeal of order authorizing involuntary admission","history":"1988, c. 873; 1994, c. 211.","full_text":"A\n\nAny prisoner involuntarily committed pursuant to § 53.1-40.2 shall have the right to appeal such order to the circuit court in the jurisdiction wherein the prisoner is located. The decision of the circuit court shall be final with no further right of appeal.B\n\nSuch appeal must be filed within ten days from the date of the order and shall be given priority over all other pending matters before the court and heard as soon as possible, notwithstanding the provisions of § 19.2-241 providing time within which the court shall set criminal cases for trial. The clerk of the court from which an appeal is taken shall immediately transmit the record to the clerk of the circuit court.C\n\nNo appeal bond or writ tax shall be required and the appeal shall proceed without the payment of costs or other fees. Costs may be recovered as provided for in § 53.1-40.8.D\n\nThe appeal to the circuit court shall be heard de novo. An order continuing the commitment shall be entered only if the criteria in § 53.1-40.2 are met at the time the appeal is heard. The prisoner so committed shall be entitled to trial by jury. Seven persons from a panel of thirteen shall constitute a jury in such cases.E\n\nIf such prisoner is not represented by counsel, the judge shall appoint an attorney to represent him. Counsel so appointed shall be paid a fee as provided in § 37.2-821. The order of the court from which the appeal is taken shall be defended by the attorney for the Commonwealth.","order_by":null,"text":{"0":{"id":244679,"text":"Any prisoner involuntarily committed pursuant to § 53.1-40.2 shall have the right to appeal such order to the circuit court in the jurisdiction wherein the prisoner is located. The decision of the circuit court shall be final with no further right of appeal.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":244680,"text":"Such appeal must be filed within ten days from the date of the order and shall be given priority over all other pending matters before the court and heard as soon as possible, notwithstanding the provisions of § 19.2-241 providing time within which the court shall set criminal cases for trial. The clerk of the court from which an appeal is taken shall immediately transmit the record to the clerk of the circuit court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":244681,"text":"No appeal bond or writ tax shall be required and the appeal shall proceed without the payment of costs or other fees. Costs may be recovered as provided for in § 53.1-40.8.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":244682,"text":"The appeal to the circuit court shall be heard de novo. An order continuing the commitment shall be entered only if the criteria in § 53.1-40.2 are met at the time the appeal is heard. The prisoner so committed shall be entitled to trial by jury. Seven persons from a panel of thirteen shall constitute a jury in such cases.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":244683,"text":"If such prisoner is not represented by counsel, the judge shall appoint an attorney to represent him. Counsel so appointed shall be paid a fee as provided in § 37.2-821. The order of the court from which the appeal is taken shall be defended by the attorney for the Commonwealth.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-40.4\/","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 1 time. 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. That modification is as follows: in 1994, chapter 211<\/a>.<\/p>","references":false,"refers_to":[{"id":71478,"section_number":"19.2-241","catch_line":"Time within which court to set criminal cases for trial","order_by":null,"url":"\/19.2-241\/"},{"id":75804,"section_number":"37.2-821","catch_line":"Appeal of involuntary admission or certification order","order_by":null,"url":"\/37.2-821\/"},{"id":65505,"section_number":"53.1-40.2","catch_line":"Involuntary admission of prisoners with mental illness","order_by":null,"url":"\/53.1-40.2\/"}],"permalink":{"id":238053,"object_type":"law","relational_id":67532,"identifier":"53.1-40.4","token":"53.1\/2\/2.1\/53.1-40.4","url":"\/53.1-40.4\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-40.4\/","token":"53.1\/2\/2.1\/53.1-40.4","dublin_core":{"Title":"Appeal of order authorizing involuntary admission","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-40.4","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Any prisoner involuntarily committed pursuant to § 53.1-40.2<\/a> shall have the right to appeal<\/span> such order<\/span> to the circuit<\/span> court<\/span> in the jurisdiction<\/span> wherein the prisoner is located. The decision of the circuit<\/span> court<\/span> shall be final with no further right of appeal<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Such appeal<\/span> must be filed within ten days from the date of the order<\/span> and shall be given priority over all other pending matters before the court<\/span> and heard as soon as possible, notwithstanding the provisions of § 19.2-241<\/a> providing time within which the court<\/span> shall set criminal cases for trial<\/span>. The clerk of the court<\/span> from which an appeal<\/span> is taken shall immediately transmit the record to the clerk of the circuit<\/span> court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> No appeal<\/span> bond<\/span> or writ<\/span> tax shall be required and the appeal<\/span> shall proceed without the payment of costs or other fees. Costs may be recovered as provided for in § 53.1-40.8<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The appeal<\/span> to the circuit<\/span> court<\/span> shall be heard de novo<\/span>. An order<\/span> continuing the commitment shall be entered only if the criteria in § 53.1-40.2<\/a> are met at the time the appeal<\/span> is heard. The prisoner so committed shall be entitled to trial<\/span> by jury<\/span>. Seven persons from a panel<\/span> of thirteen shall constitute a jury<\/span> in such cases. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If such prisoner is not represented by counsel<\/span>, the judge<\/span> shall appoint an attorney to represent him. Counsel<\/span> so appointed shall be paid a fee as provided in § 37.2-821<\/a>. The order<\/span> of the court<\/span> from which the appeal<\/span> is taken shall be defended by the attorney for the Commonwealth. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nAPPEAL OF ORDER AUTHORIZING INVOLUNTARY ADMISSION (\u00a7 53.1-40.4)\n\nA. Any prisoner involuntarily committed pursuant to § 53.1-40.2 shall have\nthe right to appeal such order to the circuit court in the jurisdiction wherein\nthe prisoner is located. The decision of the circuit court shall be final with\nno further right of appeal.\n\nB. Such appeal must be filed within ten days from the date of the order and\nshall be given priority over all other pending matters before the court and\nheard as soon as possible, notwithstanding the provisions of § 19.2-241\nproviding time within which the court shall set criminal cases for trial. The\nclerk of the court from which an appeal is taken shall immediately transmit the\nrecord to the clerk of the circuit court.\n\nC. No appeal bond or writ tax shall be required and the appeal shall proceed\nwithout the payment of costs or other fees. Costs may be recovered as provided\nfor in § 53.1-40.8.\n\nD. The appeal to the circuit court shall be heard de novo. An order continuing\nthe commitment shall be entered only if the criteria in § 53.1-40.2 are met\nat the time the appeal is heard. The prisoner so committed shall be entitled to\ntrial by jury. Seven persons from a panel of thirteen shall constitute a jury in\nsuch cases.\n\nE. If such prisoner is not represented by counsel, the judge shall appoint an\nattorney to represent him. Counsel so appointed shall be paid a fee as provided\nin § 37.2-821. The order of the court from which the appeal is taken shall\nbe defended by the attorney for the Commonwealth.\n\nHISTORY: 1988, c. 873; 1994, c. 211.","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}}