                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) RELEASE OF PERSON PRIOR TO COMMITMENT HEARING FOR
INVOLUNTARY ADMISSION (§ 37.2-813)

A. Prior to a hearing as authorized in &#xA7;&#xA7; 37.2-814 through 37.2-819,
the district court judge or special justice may release the person on his
personal recognizance or bond set by the district court judge or special justice
if it appears from all evidence readily available that the person does not meet
the commitment criteria specified in subsection C of &#xA7; 37.2-817.

B. The director of any facility in which the person is detained may release the
person prior to a hearing as authorized in &#xA7;&#xA7; 37.2-814 through
37.2-819 if it appears, based on an evaluation conducted by the psychiatrist or
clinical psychologist treating the person, that the person would not meet the
commitment criteria specified in subsection C of &#xA7; 37.2-817 if released.
Prior to the person&#8217;s release under this subsection, the director shall
consider, based on an evaluation conducted by the psychiatrist or clinical
psychologist treating the person, whether referral of the person to a
community-based outpatient stabilization program for voluntary treatment is
appropriate.

C. For any person under a temporary detention order pursuant to &#xA7; 37.2-809,
prior to transport to the facility of temporary detention, the director of the
facility in which the person is located may release the person if an employee or
a designee of the local community services board, as those terms are defined in
&#xA7; 37.2-809, in consultation with the person&#8217;s treating physician, (i)
conducts an evaluation of the person, (ii) determines that the person no longer
meets the commitment criteria specified in subsection C of &#xA7; 37.2-817,
(iii) authorizes the release of the person, and (iv) provides a discharge plan.
The director and the person&#8217;s treating physician shall consider referral
to a community-based outpatient stabilization program for voluntary treatment in
forming the person&#8217;s discharge plan under this subsection.

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; 2008, cc. 779, 850,
870; 2010, cc. 778, 825; 2022, c. 763; 2023, cc. 168, 169; 2024, c. 780; 2025,
c. 504.