                                 CODE OF VIRGINIA

DISCHARGE OF PRISONER INVOLUNTARILY ADMITTED (§ 53.1-40.7)

A. The prisoner shall be discharged from a hospital or facility for the care and
treatment of individuals with mental illness to a state or local correctional
facility designated by the Director if there is no further need for involuntary
hospitalization or at the expiration of 180 days unless involuntarily committed
by further petition and order of a court as provided herein.

B. Notwithstanding the provisions of subsection A, if there is no further need
for involuntary hospitalization, the prisoner may be retained in such hospital
or facility if the prisoner (i) is capable of and consents to voluntary
admission, and (ii) has been examined by a licensed physician, psychiatrist, or
clinical psychologist acting on staff within his area of expertise and is
determined to be in need of continued hospitalization.

HISTORY: 1988, c. 873; 2005, c. 639; 2012, cc. 476, 507.