                                 CODE OF VIRGINIA

APPEAL OF ANY ORDER OF ISOLATION (§ 32.1-48.013)

A. Any person or persons subject to an order of isolation or a court-ordered
confirmation or extension of any such order pursuant to this article may file an
appeal of the order of isolation in the circuit court for the city or county in
which such person or persons reside or are located or, in the case of an
affected area, in the circuit court for any affected jurisdiction or
jurisdictions. Any petition for appeal shall be in writing, shall set forth the
grounds on which the order of isolation is being challenged vis-a-vis the
subject person or persons or affected area, and shall be served upon the State
Health Commissioner or his legal representative.

B. A hearing on the appeal of the order of isolation shall be held within 48
hours of the filing of the petition for appeal or, if the 48-hour period
terminates on a Saturday, Sunday, legal holiday or day on which the court is
lawfully closed, the hearing shall be held on the next day that is not a
Saturday, Sunday, legal holiday or day on which the court is lawfully closed.
			In extraordinary circumstances, for good cause shown, the Commissioner may
request a continuance of the hearing, which the court shall only grant after
giving due regard to the rights of the affected individuals, the protection of
the public health and safety, the severity of the emergency, and the
availability of witnesses and evidence.

C. Any person appealing an order of isolation shall have the burden of proving
that he is not properly the subject of the order of isolation.

D. An appeal shall not stay any order of isolation.

E. Upon receiving multiple appeals of an order of isolation, the court may, on
the motion of any party or on the court&#8217;s own motion, consolidate the
cases in a single proceeding for all appeals when (i) there are common questions
of law or fact relating to the individual claims or rights to be determined;
(ii) the claims of the consolidated cases are substantially similar; and (iii)
all parties to the appeals will be adequately represented in the consolidation.

F. The circuit court shall not conduct a de novo review of the order of
isolation; however, the court shall consider the existing record and such
supplemental evidence as the court shall consider relevant. The court shall
conduct the hearing on an appeal of an order of isolation in a manner that will
protect the health and safety of court personnel, counsels, witnesses, and the
general public and in accordance with rules of the Supreme Court of Virginia
pursuant to subsection C of &#xA7; 17.1-503. The court may, for good cause
shown, hold all or any portion of the hearings in camera upon motion of any
party or the court&#8217;s own motion.

G. Upon completion of the hearing, the court may (i) vacate or modify the order
of isolation as such order applies to any person who filed the appeal and who is
not, according to the record and the supplemental evidence, appropriately
subject to the order of isolation; (ii) vacate or modify the order of isolation
as such order applies to all persons who filed an appeal and who are not,
according to the record and the supplemental evidence, appropriately subject to
the order of isolation; (iii) confirm the order of isolation as it applies to
any person or all appealing parties upon a finding that such person or persons
are appropriately subject to the order of isolation and that isolation is being
implemented in the least restrictive environment to address the public health
threat effectively, given the reasonably available information on effective
infection control measures and the nature of the communicable disease of public
health threat; or (iv) confirm the order of isolation as it applies to all
persons subject to the order upon finding that all such persons are
appropriately subject to the order of isolation and that isolation is being
implemented in the least restrictive environment to address the public health
threat effectively given the reasonably available information on effective
control measures and the nature of the communicable disease of public health
threat.
			In any case in which the court shall vacate the order of isolation as it
applies to any person who has filed a request for review of such order and who
is subject to such order or as it applies to all persons seeking judicial review
who are subject to such order, the person or persons shall be immediately
released from isolation unless such order to vacate the isolation shall be
stayed by the filing of an appeal to the Court of Appeals. Any party to the case
may file an appeal of the circuit court decisions to the Court of Appeals.
Parties to the case shall include any person who is subject to an order of
isolation and has filed an appeal of such order with the circuit court and the
State Health Commissioner.

H. Appeals of any final order of any circuit court regarding the State Health
Commissioner&#8217;s petition for review and confirmation or extension of an
order of isolation or any appeal of an order of isolation by a person or persons
who are subject to such order shall be appealable to the Court of Appeals, with
an expedited review in accordance with the rules of the court pursuant to
subsection C of &#xA7; 17.1-503.

I. Appeals of any circuit court order relating to an order of isolation shall
not stay any order of isolation.

J. Persons appealing any order of isolation shall have the right to be
represented by an attorney in all proceedings. If the person is unable to afford
an attorney, counsel shall be appointed for the person by the circuit court for
the jurisdiction in which the person or persons who are subject to the order of
isolation reside or, in the case of an affected area, by the circuit court for
the jurisdiction or jurisdictions for the affected area. Counsel so appointed
shall be paid at a rate established by the Supreme Court of Virginia from the
Commonwealth&#8217;s criminal fund.

HISTORY: 2004, cc. 773, 1021; 2007, cc. 699, 783; 2021, Sp. Sess. I, c. 489.