                                 CODE OF VIRGINIA

APPEAL OF ORDER AUTHORIZING INVOLUNTARY ADMISSION (§ 53.1-40.4)

A. Any prisoner involuntarily committed pursuant to &#xA7; 53.1-40.2 shall have
the right to appeal such order to the circuit court in the jurisdiction wherein
the prisoner is located. The decision of the circuit court shall be final with
no further right of appeal.

B. Such appeal must be filed within ten days from the date of the order and
shall be given priority over all other pending matters before the court and
heard as soon as possible, notwithstanding the provisions of &#xA7; 19.2-241
providing time within which the court shall set criminal cases for trial. The
clerk of the court from which an appeal is taken shall immediately transmit the
record to the clerk of the circuit court.

C. No appeal bond or writ tax shall be required and the appeal shall proceed
without the payment of costs or other fees. Costs may be recovered as provided
for in &#xA7; 53.1-40.8.

D. The appeal to the circuit court shall be heard de novo. An order continuing
the commitment shall be entered only if the criteria in &#xA7; 53.1-40.2 are met
at the time the appeal is heard. The prisoner so committed shall be entitled to
trial by jury. Seven persons from a panel of thirteen shall constitute a jury in
such cases.

E. If such prisoner is not represented by counsel, the judge shall appoint an
attorney to represent him. Counsel so appointed shall be paid a fee as provided
in &#xA7; 37.2-821. The order of the court from which the appeal is taken shall
be defended by the attorney for the Commonwealth.

HISTORY: 1988, c. 873; 1994, c. 211.