                                 CODE OF VIRGINIA

PETITION FOR HEARING; TEMPORARY DETENTION (§ 32.1-48.03)

A. Upon receiving a verified report or upon receiving medical evidence that any
person who has been counseled pursuant to &#xA7; 32.1-48.02 has continued to
engage in at-risk behavior, the Commissioner or his designee may petition the
general district court of the county or city in which such person resides to
order the person to appear before the court to determine whether isolation is
necessary to protect the public health from the risk of infection with a
communicable disease of public health significance.

B. If such person cannot be conveniently brought before the court, the court may
issue an order of temporary detention. The officer executing the order of
temporary detention shall order such person to remain confined in his home or
another&#8217;s residence or in some convenient and willing institution or other
willing place for a period not to exceed 48 hours prior to a hearing. An
electronic device may be used to enforce such detention in the person&#8217;s
home or another&#8217;s residence. The institution or other place of temporary
detention shall not include a jail or other place of confinement for persons
charged with criminal offenses.
			If the specified 48-hour period terminates on a Saturday, Sunday, legal
holiday or day on which the court is lawfully closed, such person may be
detained until the next day which is not a Saturday, Sunday, legal holiday or
day on which the court is lawfully closed.

C. Any person ordered to appear before the court pursuant to this section shall
be informed of his right to be represented by counsel. The court shall provide
the person with reasonable opportunity to employ counsel at his own expense, if
so requested. If the person is not represented by counsel, the court shall
appoint an attorney-at-law to represent him. Counsel so appointed shall be paid
a fee of $75 and his necessary expenses.

HISTORY: 1990, c. 958; 2001, c. 837; 2004, cc. 773, 1021.