{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-40.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-40.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-40.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-40.5.html"}],"law_id":71299,"edition_id":1,"section_id":71299,"structure_id":14675,"section_number":"53.1-40.5","catch_line":"Transfer of prisoner involuntarily admitted","history":"1988, c. 873; 2012, cc. 476, 507.","full_text":"Whenever a prisoner is admitted to a hospital or facility for the care and treatment of individuals with mental illness, the Director may order the transfer of the prisoner to any other willing hospital or facility for the care and treatment of individuals with mental illness, and such other hospital or facility is authorized to admit such prisoner under the authority of the commitment order applicable to the hospital or facility from which such prisoner was transferred. No such transfer shall alter any right of a prisoner under the provisions of this article nor shall such transfer divest a judge or court, before which a hearing or request therefor is pending, of jurisdiction to conduct such hearing.","order_by":null,"text":{"0":{"id":256974,"text":"Whenever a prisoner is admitted to a hospital or facility for the care and treatment of individuals with mental illness, the Director may order the transfer of the prisoner to any other willing hospital or facility for the care and treatment of individuals with mental illness, and such other hospital or facility is authorized to admit such prisoner under the authority of the commitment order applicable to the hospital or facility from which such prisoner was transferred. No such transfer shall alter any right of a prisoner under the provisions of this article nor shall such transfer divest a judge or court, before which a hearing or request therefor is pending, of jurisdiction to conduct such hearing.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-40.5\/","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 2012, chapters 476<\/a> and 507<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":238057,"object_type":"law","relational_id":71299,"identifier":"53.1-40.5","token":"53.1\/2\/2.1\/53.1-40.5","url":"\/53.1-40.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-40.5\/","token":"53.1\/2\/2.1\/53.1-40.5","dublin_core":{"Title":"Transfer of prisoner involuntarily admitted","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-40.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Whenever a prisoner is admitted to a hospital or facility for the care and treatment of individuals with mental illness, the Director<\/span> may order<\/span> the transfer of the prisoner to any other willing hospital or facility for the care and treatment of individuals with mental illness, and such other hospital or facility is authorized to admit such prisoner under the authority of the commitment order<\/span> applicable to the hospital or facility from which such prisoner was transferred. No such transfer shall alter any right of a prisoner under the provisions of this article nor shall such transfer divest a judge<\/span> or court<\/span>, before which a hearing<\/span> or request therefor is pending, of jurisdiction<\/span> to conduct such hearing<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nTRANSFER OF PRISONER INVOLUNTARILY ADMITTED (\u00a7 53.1-40.5)\n\nWhenever a prisoner is admitted to a hospital or facility for the care and\ntreatment of individuals with mental illness, the Director may order the\ntransfer of the prisoner to any other willing hospital or facility for the care\nand treatment of individuals with mental illness, and such other hospital or\nfacility is authorized to admit such prisoner under the authority of the\ncommitment order applicable to the hospital or facility from which such prisoner\nwas transferred. No such transfer shall alter any right of a prisoner under the\nprovisions of this article nor shall such transfer divest a judge or court,\nbefore which a hearing or request therefor is pending, of jurisdiction to\nconduct such hearing.\n\nHISTORY: 1988, c. 873; 2012, cc. 476, 507.","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}}