                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) INVOLUNTARY TEMPORARY DETENTION; ISSUANCE AND EXECUTION
OF ORDER (§ 37.2-809)

A. For the purposes of this section:
			&#8220;Designee of the local community services board&#8221; means an
examiner designated by the local community services board who (i) is skilled in
the assessment and treatment of mental illness, (ii) has completed a
certification program approved by the Department, (iii) is able to provide an
independent examination of the person, (iv) is not related by blood or marriage
to the person being evaluated, (v) has no financial interest in the admission or
treatment of the person being evaluated, (vi) has no investment interest in the
facility detaining or admitting the person under this article, and (vii) except
for employees of state hospitals and of the U.S. Department of Veterans Affairs,
is not employed by the facility.
			&#8220;Employee&#8221; means an employee of the local community services
board who is skilled in the assessment and treatment of mental illness and has
completed a certification program approved by the Department.
			&#8220;Investment interest&#8221; means the ownership or holding of an equity
or debt security, including shares of stock in a corporation, interests or units
of a partnership, bonds, debentures, notes, or other equity or debt instruments.

B. 1. A magistrate shall issue, upon the sworn petition of any responsible
person, treating physician, or upon his own motion and only after an evaluation
conducted in-person or by means of a two-way electronic video and audio
communication system as authorized in § 37.2-804.1 by an employee or a designee
of the local community services board to determine whether the person meets the
criteria for temporary detention, a temporary detention order if it appears from
all evidence readily available, including any recommendation from a physician,
clinical psychologist, clinical social worker, or licensed professional
counselor treating the person, that the person (i) has a mental illness and that
there exists a substantial likelihood that, as a result of mental illness, the
person 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 other relevant information, if any, or (b) suffer serious harm due to his
lack of capacity to protect himself from harm or to provide for his basic human
needs; (ii) is in need of hospitalization or treatment; and (iii) is unwilling
to volunteer or incapable of volunteering for hospitalization or treatment. The
magistrate shall also consider, if available, (a) information provided by the
person who initiated emergency custody and (b) the recommendations of any
treating or examining physician licensed in Virginia either verbally or in
writing prior to rendering a decision. Any temporary detention order entered
pursuant to this section shall provide for the disclosure of medical records
pursuant to § 37.2-804.2. This subsection shall not preclude any other
disclosures as required or permitted by law.

   2. If the magistrate finds that the person does not meet the criteria for
   temporary detention and the employee or designee of the community services
   board or the certified evaluator has recommended that referral to a
   community-based outpatient stabilization program for voluntary treatment would
   be appropriate, the employee or designee of the community services board or
   the certified evaluator shall provide the person with such referral.

C. When considering whether there is probable cause to issue a temporary
detention order, the magistrate may, in addition to the petition, consider (i)
the recommendations of any treating or examining physician, psychologist,
clinical social worker, or licensed professional counselor licensed in Virginia,
if available, (ii) any past actions of the person, (iii) any past mental health
treatment of the person, (iv) any relevant hearsay evidence, (v) any medical
records available, (vi) any affidavits submitted, if the witness is unavailable
and it so states in the affidavit, and (vii) any other information available
that the magistrate considers relevant to the determination of whether probable
cause exists to issue a temporary detention order.

D. A magistrate may issue a temporary detention order without an emergency
custody order proceeding. A magistrate may issue a temporary detention order
without a prior evaluation pursuant to subsection B if (i) the person has been
personally examined within the previous 72 hours by an employee or a designee of
the local community services board or (ii) there is a significant physical,
psychological, or medical risk to the person or to others associated with
conducting such evaluation.

E. An employee or a designee of the local community services board shall
determine the facility of temporary detention in accordance with the provisions
of &#xA7; 37.2-809.1 for all persons detained pursuant to this section. An
employee or designee of the local community services board may change the
facility of temporary detention and may designate an alternative facility for
temporary detention at any point during the period of temporary detention if it
is determined that the alternative facility is a more appropriate facility for
temporary detention of the person given the specific security, medical, or
behavioral health needs of the person. In cases in which the facility of
temporary detention is changed following transfer of custody to an initial
facility of temporary custody, transportation of the person to the alternative
facility of temporary detention shall be provided in accordance with the
provisions of &#xA7; 37.2-810. The initial facility of temporary detention shall
be identified on the preadmission screening report and indicated on the
temporary detention order; however, if an employee or designee of the local
community services board designates an alternative facility, that employee or
designee shall provide written notice forthwith, on a form developed by the
Executive Secretary of the Supreme Court of Virginia, to the clerk of the
issuing court of the name and address of the alternative facility. Subject to
the provisions of &#xA7; 37.2-809.1, if a facility of temporary detention cannot
be identified by the time of the expiration of the period of emergency custody
pursuant to &#xA7; 37.2-808, the person shall be detained in a state facility
for the treatment of persons with mental illness and such facility shall be
indicated on the temporary detention order. Except as provided in &#xA7;
37.2-811 for inmates requiring hospitalization in accordance with subdivision A
2 of &#xA7; 19.2-169.6, the person shall not be detained in a jail or other
place of confinement for persons charged with criminal offenses. Except as
provided in &#xA7; 37.2-811 for inmates requiring hospitalization in accordance
with subdivision A 2 of &#xA7; 19.2-169.6 or in subsection C of &#xA7; 37.2-813
for persons prior to transfer to the facility of temporary detention, the person
shall remain in the custody of law enforcement until either (i) the person is
detained within a secure facility or (ii) custody has been accepted by the
appropriate personnel designated by either the initial facility of temporary
detention identified in the temporary detention order or by the alternative
facility of temporary detention designated by the employee or designee of the
local community services board pursuant to this subsection. The person detained
or in custody pursuant to this section shall be given a written summary of the
temporary detention procedures and the statutory protections associated with
those procedures.

F. Any facility caring for a person placed with it pursuant to a temporary
detention order is authorized to provide emergency medical and psychiatric
services within its capabilities when the facility determines that the services
are in the best interests of the person within its care. The costs incurred as a
result of the hearings and by the facility in providing services during the
period of temporary detention shall be paid and recovered pursuant to &#xA7;
37.2-804. The maximum costs reimbursable by the Commonwealth pursuant to this
section shall be established by the State Board of Medical Assistance Services
based on reasonable criteria. The State Board of Medical Assistance Services
shall, by regulation, establish a reasonable rate per day of inpatient care for
temporary detention.

G. The employee or the designee of the local community services board who is
conducting the evaluation pursuant to this section shall determine, prior to the
issuance of the temporary detention order, the insurance status of the person.
Where coverage by a third party payor exists, the facility seeking reimbursement
under this section shall first seek reimbursement from the third party payor.
The Commonwealth shall reimburse the facility only for the balance of costs
remaining after the allowances covered by the third party payor have been
received.

H. The duration of temporary detention shall be sufficient to allow for
completion of the examination required by &#xA7; 37.2-815, preparation of the
preadmission screening report required by &#xA7; 37.2-816, and initiation of
mental health treatment to stabilize the person&#8217;s psychiatric condition to
avoid involuntary commitment where possible, but shall not exceed 72 hours prior
to a hearing. If the 72-hour period herein specified terminates on a Saturday,
Sunday, legal holiday, or, if the individual has been admitted to a facility of
temporary detention, day or part of a day on which the clerk&#8217;s office is
lawfully closed, the person may be detained, as herein provided, until the close
of business on the next day that is not a Saturday, Sunday, legal holiday, or,
if the individual has been admitted to a facility of temporary detention, day or
part of a day on which the clerk&#8217;s office is lawfully closed. The person
may be released, pursuant to &#xA7; 37.2-813, before the 72-hour period herein
specified has run.

I. If a temporary detention order is not executed within 24 hours of its
issuance, or within a shorter period as is specified in the order, the order
shall be void and shall be returned unexecuted to the office of the clerk of the
issuing court or, if the office is not open, to any magistrate serving the
jurisdiction of the issuing court. Subsequent orders may be issued upon the
original petition within 96 hours after the petition is filed. However, a
magistrate must again obtain the advice of an employee or a designee of the
local community services board prior to issuing a subsequent order upon the
original petition. Any petition for which no temporary detention order or other
process in connection therewith is served on the subject of the petition within
96 hours after the petition is filed shall be void and shall be returned to the
office of the clerk of the issuing court.

J. The Executive Secretary of the Supreme Court of Virginia shall establish and
require that a magistrate, as provided by this section, be available seven days
a week, 24 hours a day, for the purpose of performing the duties established by
this section. Each community services board shall provide to each general
district court and magistrate&#8217;s office within its service area a list of
its employees and designees who are available to perform the evaluations
required herein.

K. For purposes of this section, a health care provider or designee of a local
community services board or behavioral health authority shall not be required to
encrypt any email containing information or medical records provided to a
magistrate unless there is reason to believe that a third party will attempt to
intercept the email.

L. If the employee or designee of the community services board who is conducting
the evaluation pursuant to this section recommends that the person should not be
subject to a temporary detention order, such employee or designee shall (i)
inform the petitioner, the person who initiated emergency custody if such person
is present, and an onsite treating physician of his recommendation; (ii)
promptly inform such person who initiated emergency custody that the community
services board will facilitate communication between the person and the
magistrate if the person disagrees with recommendations of the employee or
designee of the community services board who conducted the evaluation and the
person who initiated emergency custody so requests; (iii) upon prompt request
made by the person who initiated emergency custody, arrange for such person who
initiated emergency custody to communicate with the magistrate as soon as is
practicable and prior to the expiration of the period of emergency custody; and
(iv) provide a referral to the person to a community-based outpatient
stabilization program for voluntary treatment if appropriate. The magistrate
shall consider any information provided by the person who initiated emergency
custody and any recommendations of the treating or examining physician and the
employee or designee of the community services board who conducted the
evaluation and consider such information and recommendations in accordance with
subsection B in making his determination to issue a temporary detention order.
The person who is the subject of emergency custody shall remain in the custody
of law enforcement or a designee of law enforcement and shall not be released
from emergency custody until communication with the magistrate pursuant to this
subsection has concluded and the magistrate has made a determination regarding
issuance of a temporary detention order.

M. For purposes of this section, &#8220;person who initiated emergency
custody&#8221; means any person who initiated the issuance of an emergency
custody order pursuant to &#xA7; 37.2-808 or a law-enforcement officer who takes
a person into custody pursuant to subsection G of &#xA7; 37.2-808.

N. In any case in which a person subject to an evaluation pursuant to this
section is receiving services in a hospital emergency department, the treating
physician or his designee and the employee or designee of the local community
services board shall disclose to each other relevant information pertaining to
the individual&#8217;s treatment in the emergency department. The (i) evaluator
conducting the evaluation pursuant to subsection B of &#xA7; 37.2-808 and the
provisions of this section or (ii) hospital emergency department and treating
physician or other health care provider designated by the physician shall allow
a family member or legal guardian of the individual subject to evaluation who is
present, and who may provide support and supportive decision-making, to be
present with the individual unless the individual objects or the evaluator or
treating physician determines that the presence of any such person would create
a medical, clinical, or safety risk to the patient or health care provider or
interferes with patient care. No provision of this section shall delay the
process of the patient receiving treatment.

HISTORY: 1974, c. 351, § 37.1-67.1; 1975, cc. 237, 433; 1976, c. 671, §
37.1-67.4; 1980, c. 582; 1981, cc. 233, 463; 1982, c. 435; 1986, cc. 134, 478,
629; 1987, c. 96; 1988, c. 98; 1989, c. 716; 1990, cc. 429, 728; 1991, c. 159;
1992, c. 566; 1995, c. 844; 1996, cc. 343, 893; 1998, cc. 37, 594, 611; 2004, c.
737; 2005, c. 716; 2007, c. 526; 2008, cc. 331, 551, 691, 728, 779, 782, 793,
828, 850, 870; 2009, cc. 455, 555; 2010, cc. 340, 406, 778, 825; 2013, cc. 87,
321; 2014, cc. 499, 538, 675, 691, 761, 773; 2016, cc. 569, 693; 2020, c. 945;
2022, cc. 473, 474, 482, 509; 2023, cc. 168, 169, 636; 2024, cc. 649, 682, 780;
2025, c. 504.