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Home » US Law » 2022 Code of Virginia » Title 53.1 - Prisons and Other Methods of Correction » Chapter 2 - State Correctional Facilities » Article 2.1. Medical and Mental Health Care; Involuntary Admission and Treatment

§ 53.1-40.10. Exchange of medical and mental health information and records

A. Whenever a person is committed to a state correctional facility, the following shall be entitled to obtain medical and mental health information and records concerning such person from a health care provider, even when such person does not provide consent or consent is not readily obtainable: 1. The person in charge of the facility, […]

§ 53.1-40.2. Involuntary admission of prisoners with mental illness

A. Upon the petition of the Director or his designee, any district court judge or any special justice, as defined by § 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 […]

§ 53.1-40.3. Place of hearing or proceeding

Any hearing held by a court pursuant to § 53.1-40.1 or 53.1-40.2 may be held in any courtroom available within the county or city wherein the prisoner is located or any appropriate place which may be made available by the Director and approved by the judge. Nothing herein shall be construed as prohibiting holding the […]

§ 53.1-40.4. Appeal of order authorizing involuntary admission

A. Any prisoner involuntarily committed pursuant to § 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 […]

§ 53.1-40.5. Transfer of prisoner involuntarily admitted

Whenever a prisoner is admitted to a hospital or facility for the care and treatment of individuals with mental illness, the Director may order the transfer of the prisoner to any other willing hospital or facility for the care and treatment of individuals with mental illness, and such other hospital or facility is authorized to […]

§ 53.1-40.6. Periodic review of prisoner for purposes of retention

The director of a hospital or facility shall require a review of the progress of each prisoner admitted to such hospital or facility to be conducted at intervals of thirty days, sixty days, and ninety days after admission of such prisoner and every six months thereafter to determine whether such prisoner should be retained at […]

§ 53.1-40.7. Discharge of prisoner involuntarily admitted

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 […]

§ 53.1-40.8. Fees and expenses

A. Any special justice, as defined in § 37.2-100, and any district court substitute judge who presides over hearings pursuant to the provisions of §§ 53.1-40.1 and 53.1-40.2 shall receive a fee as provided in § 37.2-804 for each commitment hearing under § 53.1-40.2 and each proceeding under § 53.1-40.1 ruling on competency or treatment […]

§ 53.1-40.9. Civil admission proceeding prior to release

A prisoner whose release from the custody of the Department of Corrections is imminent and who may have a mental illness and be in need of hospitalization or treatment may be the subject of an involuntary admission proceeding under §§ 37.2-814 through 37.2-819 within 15 days prior to his anticipated release date, and any order […]