                                 CODE OF VIRGINIA

INPATIENT PSYCHIATRIC HOSPITAL ADMISSION FROM LOCAL CORRECTIONAL FACILITY (§
19.2-169.6)

A. Any inmate of a local correctional facility may be hospitalized for
psychiatric treatment at a hospital designated by the Commissioner of Behavioral
Health and Developmental Services as appropriate for treatment of persons under
criminal charge if:

   1. The court with jurisdiction over the inmate&#8217;s case, if it is still
   pending, on the petition of the person having custody over an inmate or on its
   own motion, holds a hearing at which the inmate is represented by counsel and
   finds by clear and convincing evidence that (i) the inmate has a mental
   illness; (ii) there exists a substantial likelihood that, as a result of a
   mental illness, the inmate 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 any other relevant information or (b)
   suffer serious harm due to his lack of capacity to protect himself from harm
   as evidenced by recent behavior and any other relevant information; and (iii)
   the inmate requires treatment in a hospital rather than the local correctional
   facility. Prior to making this determination, the court shall consider the
   examination conducted in accordance with &#xA7; 37.2-815 and the preadmission
   screening report prepared in accordance with &#xA7; 37.2-816 and conducted
   in-person or by means of a two-way electronic video and audio communication
   system as authorized in &#xA7; 37.2-804.1 by an employee or designee of the
   local community services board or behavioral health authority who is skilled
   in the assessment and treatment of mental illness, who is not providing
   treatment to the inmate, and who has completed a certification program
   approved by the Department of Behavioral Health and Developmental Services as
   provided in &#xA7; 37.2-809. The examiner appointed pursuant to &#xA7;
   37.2-815, if not physically present at the hearing, shall be available
   whenever possible for questioning during the hearing through a two-way
   electronic video and audio or telephonic communication system as authorized in
   &#xA7; 37.2-804.1. Any employee or designee of the local community services
   board or behavioral health authority, as defined in &#xA7; 37.2-809,
   representing the board or authority that prepared the preadmission screening
   report shall attend the hearing in person or, if physical attendance is not
   practicable, shall participate in the hearing through a two-way electronic
   video and audio communication system as authorized in &#xA7; 37.2-804.1. When
   the hearing is held outside the service area of the community services board
   or behavioral health authority that prepared the preadmission screening
   report, and it is not practicable for a representative of the board or
   authority to attend or participate in the hearing, arrangements shall be made
   by the board or authority for an employee or designee of the board or
   authority serving the area in which the hearing is held to attend or
   participate on behalf of the board or authority that prepared the preadmission
   screening report; or

   2. Upon petition by the person having custody over an inmate, a magistrate
   finds probable cause to believe that (i) the inmate has a mental illness; (ii)
   there exists a substantial likelihood that, as a result of a mental illness,
   the inmate 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 any other relevant information or (b) suffer serious harm
   due to his lack of capacity to protect himself from harm as evidenced by
   recent behavior and any other relevant information; and (iii) the inmate
   requires treatment in a hospital rather than a local correctional facility,
   and the magistrate issues a temporary detention order for the inmate. Prior to
   the filing of the petition, the person having custody shall arrange for an
   evaluation of the inmate conducted in-person or by means of a two-way
   electronic video and audio communication system as authorized in &#xA7;
   37.2-804.1 by an employee or designee of the local community services board or
   behavioral health authority who is skilled in the assessment and treatment of
   mental illness and who has completed a certification program approved by the
   Department as provided in &#xA7; 37.2-809. After considering the evaluation of
   the employee or designee of the local community services board or behavioral
   health authority, and any other information presented, and finding that
   probable cause exists to meet the criteria, the magistrate may issue a
   temporary detention order in accordance with the applicable procedures
   specified in &#xA7;&#xA7; 37.2-809 through 37.2-813. A temporary detention
   order issued pursuant to this subdivision may be executed by a deputy sheriff
   or jail officer, as those terms are defined in &#xA7; 53.1-1, employed at the
   local correctional facility where the inmate is incarcerated. The person
   having custody over the inmate shall notify the court having jurisdiction over
   the inmate&#8217;s case, if it is still pending, and the inmate&#8217;s
   attorney prior to the detention pursuant to a temporary detention order or as
   soon thereafter as is reasonable.
   				Upon detention pursuant to this subdivision, a hearing shall be held
   either before the court having jurisdiction over the inmate&#8217;s case or
   before a district court judge or a special justice, as defined in &#xA7;
   37.2-100, in accordance with the provisions of &#xA7;&#xA7; 37.2-815 through
   37.2-821, in which case the inmate shall be represented by counsel as
   specified in &#xA7; 37.2-814. The hearing shall be held within 72 hours of
   execution of the temporary detention order issued pursuant to this
   subdivision. If the 72-hour period terminates on a Saturday, Sunday, legal
   holiday, or day on which the court is lawfully closed, the inmate may be
   detained until the close of business on the next day that is not a Saturday,
   Sunday, legal holiday, or day on which the court is lawfully closed. Any
   employee or designee of the local community services board or behavioral
   health authority, as defined in &#xA7; 37.2-809, representing the board or
   authority that prepared the preadmission screening report shall attend the
   hearing in person or, if physical attendance is not practicable, shall
   participate in the hearing through a two-way electronic video and audio
   communication system as authorized in &#xA7; 37.2-804.1. When the hearing is
   held outside the service area of the community services board or behavioral
   health authority that prepared the preadmission screening report, and it is
   not practicable for a representative of the board or authority to attend or
   participate in the hearing, arrangements shall be made by the board or
   authority for an employee or designee of the board or authority serving the
   area in which the hearing is held to attend or participate on behalf of the
   board or authority that prepared the preadmission screening report. The judge
   or special justice conducting the hearing may order the inmate hospitalized
   if, after considering the examination conducted in accordance with &#xA7;
   37.2-815, the preadmission screening report prepared in accordance with &#xA7;
   37.2-816, and any other available information as specified in subsection C of
   &#xA7; 37.2-817, he finds by clear and convincing evidence that (1) the inmate
   has a mental illness; (2) there exists a substantial likelihood that, as a
   result of a mental illness, the inmate 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 any other relevant information or
   (b) suffer serious harm due to his lack of capacity to protect himself from
   harm as evidenced by recent behavior and any other relevant information; and
   (3) the inmate requires treatment in a hospital rather than a local
   correctional facility. The examiner appointed pursuant to &#xA7; 37.2-815, if
   not physically present at the hearing, shall be available whenever possible
   for questioning during the hearing through a two-way electronic video and
   audio or telephonic communication system as authorized in &#xA7; 37.2-804.1.
   The examination and the preadmission screening report shall be admitted into
   evidence at the hearing.

B. In no event shall an inmate have the right to make application for voluntary
admission as may be otherwise provided in &#xA7; 37.2-805 or 37.2-814 or be
subject to an order for mandatory outpatient treatment as provided in &#xA7;
37.2-817.01.

C. If an inmate is hospitalized pursuant to this section and his criminal case
is still pending, the court having jurisdiction over the inmate&#8217;s case may
order that the admitting hospital evaluate the inmate&#8217;s competency to
stand trial and his mental state at the time of the offense pursuant to
&#xA7;&#xA7; 19.2-169.1 and 19.2-169.5.

D. An inmate may not be hospitalized longer than 30 days under subsection A
unless the court which has criminal jurisdiction over him or a district court
judge or a special justice, as defined in &#xA7; 37.2-100, holds a hearing and
orders the inmate&#8217;s continued hospitalization in accordance with the
provisions of subdivision A 2. If the inmate&#8217;s hospitalization is
continued under this subsection by a court other than the court which has
jurisdiction over his criminal case, the facility at which the inmate is
hospitalized shall notify the court with jurisdiction over his criminal case and
the inmate&#8217;s attorney in the criminal case, if the case is still pending.

E. Hospitalization may be extended in accordance with subsection D for periods
of 60 days for inmates awaiting trial, but in no event may such hospitalization
be continued beyond trial, nor shall such hospitalization act to delay trial, as
long as the inmate remains competent to stand trial. Hospitalization may be
extended in accordance with subsection D for periods of 180 days for an inmate
who has been convicted and not yet sentenced, or for an inmate who has been
convicted of a crime and is in the custody of a local correctional facility
after sentencing, but in no event may such hospitalization be continued beyond
the date upon which his sentence would have expired had he received the maximum
sentence for the crime charged. Any inmate who has not completed service of his
sentence upon discharge from the hospital shall serve the remainder of his
sentence.

F. For any inmate who has been convicted and not yet sentenced, or who has been
convicted of a crime and is in the custody of a local correctional facility
after sentencing, the time the inmate is confined in a hospital for psychiatric
treatment shall be deducted from any term for which he may be sentenced to any
penal institution, reformatory or elsewhere.

G. Any health care provider, as defined in &#xA7; 32.1-127.1:03, or other
provider rendering services to an inmate who is the subject of a proceeding
under this section, upon request, shall disclose to a magistrate, the court, the
inmate&#8217;s attorney, the inmate&#8217;s guardian ad litem, the examiner
appointed pursuant to &#xA7; 37.2-815, the community service board or behavioral
health authority preparing the preadmission screening pursuant to &#xA7;
37.2-816, or the sheriff or administrator of the local correctional facility any
and all information that is necessary and appropriate to enable each of them to
perform his duties under this section. These health care providers and other
service providers shall disclose to one another health records and information
where necessary to provide care and treatment to the inmate and to monitor that
care and treatment. Health records disclosed to a sheriff or administrator of
the local correctional facility shall be limited to information necessary to
protect the sheriff or administrator of the local correctional facility and his
employees, the inmate, or the public from physical injury or to address the
health care needs of the inmate. Information disclosed to a law-enforcement
officer shall not be used for any other purpose, disclosed to others, or
retained.
			Any health care provider disclosing records pursuant to this section shall be
immune from civil liability for any harm resulting from the disclosure,
including any liability under the federal Health Insurance Portability and
Accountability Act (42 U.S.C. &#xA7; 1320d et seq.), as amended, unless the
person or provider disclosing such records intended the harm or acted in bad
faith.

H. Any order entered where an inmate is the subject of proceedings under this
section shall provide for the disclosure of medical records pursuant to
subsection G. This subsection shall not preclude any other disclosures as
required or permitted by law.

I. If the person having custody over an inmate files a petition pursuant to this
section, such person shall ensure that the appropriate community services board
or behavioral health authority is advised of the need for a preadmission
screening. If the community services board or behavioral health authority does
not respond upon being advised of the need for a preadmission screening or fails
to complete the preadmission screening, the person having custody over the
inmate shall contact the director or other senior management at the community
services board or behavioral health authority.

J. As used in this section, &#8220;person having custody over an inmate&#8221;
means the sheriff or other person in charge of the local correctional facility
where the inmate is incarcerated at the time of the filing of a petition for the
psychiatric treatment of the inmate.

HISTORY: 1982, c. 653; 1986, c. 629; 1987, c. 96; 1990, c. 76; 1995, c. 844;
2005, c. 716; 2008, cc. 779, 782, 850, 870; 2010, cc. 340, 406; 2012, c. 801;
2014, cc. 499, 538, 691; 2016, cc. 357, 599; 2017, cc. 463, 468, 605; 2018, c.
144; 2022, c. 763.