                                 CODE OF VIRGINIA

EMERGENCY TREATMENT OF INMATES IN THE CUSTODY OF LOCAL CORRECTIONAL FACILITIES
(§ 37.2-811)

A. In any case in which temporary detention is ordered pursuant to &#xA7;
37.2-809 upon petition of a person having custody of an inmate in accordance
with subdivision A 2 of &#xA7; 19.2-169.6, the magistrate executing the
temporary detention order shall place the person in a hospital designated by the
Commissioner as appropriate for treatment and evaluation of persons under a
criminal charge or, if such facility is not available, the inmate shall be
detained in a local correctional facility or other place of confinement for
persons charged with criminal offenses and shall be transferred to such hospital
as soon as possible thereafter.

B. The hearing shall be held, upon notice to the attorney for the inmate, either
(i) before the court having jurisdiction over the inmate&#8217;s case or (ii)
before a district court judge or special justice in accordance with the
provisions of &#xA7; 37.2-820, in which case the inmate shall be represented by
counsel as specified in &#xA7; 37.2-814.

HISTORY: 1974, c. 351, § 37.1-67.1; 1975, cc. 237, 433; 1976, c. 671; 1980, c.
582; 1981, c. 463; 1986, cc. 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; 2010, cc. 340, 406.