                                 CODE OF VIRGINIA

INVOLUNTARY ADMISSION OF PRISONERS WITH MENTAL ILLNESS (§ 53.1-40.2)

A. Upon the petition of the Director or his designee, any district court judge
or any special justice, as defined by &#xA7; 37.2-100, of the county or city
where the prisoner is located may issue an order authorizing involuntary
admission of a prisoner who is sentenced and committed to the Department of
Corrections and who is alleged or reliably reported to have a mental illness to
a degree that warrants hospitalization.

B. Such prisoner may be involuntarily admitted to a hospital or facility for the
care and treatment of persons with mental illness by complying with the
following admission procedures:

   1. A hearing on the petition shall be scheduled as soon as possible, allowing
   the prisoner an opportunity to prepare any defenses which he may have, obtain
   independent evaluation and expert opinion at his own expense, and summons
   other witnesses.

   2. Prior to such hearing, the judge or special justice shall fully inform the
   prisoner of the allegations of the petition, the standard upon which he may be
   admitted involuntarily, the right of appeal from such hearing to the circuit
   court, and the right to jury trial on appeal. The judge or special justice
   shall ascertain if the prisoner is represented by counsel, and, if he is not
   represented by counsel, the judge or special justice shall appoint an attorney
   to represent the prisoner.

   3. The judge or special justice shall require an examination of such prisoner
   by a psychiatrist, clinical psychologist, clinical social worker, or licensed
   professional counselor who is licensed in Virginia or, if such psychiatrist,
   clinical psychologist, clinical social worker, or licensed professional
   counselor is not available, a physician or psychologist who is licensed in
   Virginia and who is qualified in the diagnosis of mental illness. The judge or
   special justice shall summons the examiner, who shall certify that he has
   personally examined the individual and has probable cause to believe that the
   prisoner does or does not have mental illness, that there does or does not
   exist a substantial likelihood that, as a result of mental illness, the
   prisoner will, in the near future, cause serious physical harm to himself or
   others as evidenced by recent behavior causing, attempting, or threatening
   harm and other relevant information, if any, and that the prisoner does or
   does not require involuntary hospitalization. The judge or special justice may
   accept written certification of the examiner&#8217;s findings if the
   examination has been personally made within the preceding five days and if
   there is no objection to the acceptance of such written certification by the
   prisoner or his attorney.

   4. If the judge or special justice, after observing the prisoner and obtaining
   the necessary positive certification and other relevant evidence, finds
   specifically that (i) the prisoner has a mental illness and that there exists
   a substantial likelihood that, as a result of mental illness, the prisoner
   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, and (ii) alternatives to involuntary admission have been investigated
   and deemed unsuitable and there is no less restrictive alternative to such
   admission, the judge or special justice shall by written order and specific
   findings so certify and order that the prisoner be placed in a hospital or
   other facility designated by the Director for a period not to exceed 180 days
   from the date of the court order. Such placement shall be in a hospital or
   other facility for the care and treatment of persons with mental illness that
   is licensed or operated by the Department of Behavioral Health and
   Developmental Services.

   5. The judge or special justice shall also order that the relevant medical
   records of such prisoner be released to the hospital, facility, or program in
   which he is placed upon request of the treating physician or director of the
   hospital, facility, or program.

   6. The Department shall prepare the forms required in procedures for admission
   as approved by the Attorney General. These forms, which shall be the legal
   forms used in such admissions, shall be distributed by the Department to the
   clerks of the general district courts of the various counties and cities of
   the Commonwealth and to the directors of the respective state hospitals.

HISTORY: 1988, c. 873; 2005, c. 716; 2008, cc. 779, 850, 870; 2009, cc. 813,
840; 2020, c. 945; 2022, c. 509.