{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/53.1-40.9.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/53.1-40.9.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/53.1-40.9.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/53.1-40.9.html"}],"law_id":86543,"edition_id":1,"section_id":86543,"structure_id":14675,"section_number":"53.1-40.9","catch_line":"Civil admission proceeding prior to release","history":"1990, c. 221; 2005, c. 716.","full_text":"A prisoner whose release from the custody of the Department of Corrections is imminent and who may have a mental illness and be in need of hospitalization or treatment may be the subject of an involuntary admission proceeding under \u00a7\u00a7 37.2-814 through 37.2-819 within 15 days prior to his anticipated release date, and any order entered in such proceedings shall be effective upon the release of the prisoner from the Department of Corrections. If a commitment hearing for involuntary admission under \u00a7\u00a7 37.2-814 through 37.2-819 is combined for hearing or is heard on the same day with either a commitment hearing under \u00a7 53.1-40.2 or a proceeding under \u00a7 53.1-40.1, or both, only one fee shall be allowed for the special justice or district court substitute judge conducting these proceedings and only one fee shall be allowed for the attorney representing the prisoner in these proceedings.","order_by":null,"text":{"0":{"id":309950,"text":"A prisoner whose release from the custody of the Department of Corrections is imminent and who may have a mental illness and be in need of hospitalization or treatment may be the subject of an involuntary admission proceeding under \u00a7\u00a7 37.2-814 through 37.2-819 within 15 days prior to his anticipated release date, and any order entered in such proceedings shall be effective upon the release of the prisoner from the Department of Corrections. If a commitment hearing for involuntary admission under \u00a7\u00a7 37.2-814 through 37.2-819 is combined for hearing or is heard on the same day with either a commitment hearing under \u00a7 53.1-40.2 or a proceeding under \u00a7 53.1-40.1, or both, only one fee shall be allowed for the special justice or district court substitute judge conducting these proceedings and only one fee shall be allowed for the attorney representing the prisoner in these proceedings.","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":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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/53.1-40.9\/","history_text":"

This law was first created in 1990. The record of its establishment is cataloged in chapter 221 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 1990 \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 2005, chapter 716<\/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\/"}],"refers_to":[{"id":68004,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","order_by":null,"url":"\/37.2-814\/"},{"id":75630,"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","order_by":null,"url":"\/37.2-819\/"},{"id":60055,"section_number":"53.1-40.1","catch_line":"Medical and mental health treatment of prisoners incapable of giving consent","order_by":null,"url":"\/53.1-40.1\/"},{"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":238073,"object_type":"law","relational_id":86543,"identifier":"53.1-40.9","token":"53.1\/2\/2.1\/53.1-40.9","url":"\/53.1-40.9\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/53.1-40.9\/","token":"53.1\/2\/2.1\/53.1-40.9","dublin_core":{"Title":"Civil admission proceeding prior to release","Type":"Text","Format":"text\/html","Identifier":"\u00a7 53.1-40.9","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A prisoner whose release from the custody<\/span> of the Department<\/span> of Corrections is imminent and who may have a mental illness and be in need of hospitalization or treatment may be the subject of an involuntary admission proceeding under \u00a7\u00a7 37.2-814<\/a> through 37.2-819<\/a> within 15 days prior to his anticipated release date, and any order<\/span> entered in such proceedings shall be effective upon the release of the prisoner from the Department<\/span> of Corrections. If a commitment hearing<\/span> for involuntary admission under \u00a7\u00a7 37.2-814<\/a> through 37.2-819<\/a> is combined for hearing<\/span> or is heard on the same day with either a commitment hearing<\/span> under \u00a7 53.1-40.2<\/a> or a proceeding under \u00a7 53.1-40.1<\/a>, or both, only one fee shall be allowed for the special justice or district court<\/span> substitute judge<\/span> conducting these proceedings and only one fee shall be allowed for the attorney representing the prisoner in these proceedings.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nCIVIL ADMISSION PROCEEDING PRIOR TO RELEASE (\u00a7 53.1-40.9)\n\nA prisoner whose release from the custody of the Department of Corrections is\nimminent and who may have a mental illness and be in need of hospitalization or\ntreatment may be the subject of an involuntary admission proceeding under \u00a7\u00a7\n37.2-814 through 37.2-819 within 15 days prior to his anticipated release date,\nand any order entered in such proceedings shall be effective upon the release of\nthe prisoner from the Department of Corrections. If a commitment hearing for\ninvoluntary admission under \u00a7\u00a7 37.2-814 through 37.2-819 is combined for\nhearing or is heard on the same day with either a commitment hearing under \u00a7\n53.1-40.2 or a proceeding under \u00a7 53.1-40.1, or both, only one fee shall be\nallowed for the special justice or district court substitute judge conducting\nthese proceedings and only one fee shall be allowed for the attorney\nrepresenting the prisoner in these proceedings.\n\nHISTORY: 1990, c. 221; 2005, c. 716.","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}}