§ 37.2-845 — Procedure when person confined in facility or other institution

Virginia § 37.2-845

• Jurisdiction: Virginia
• Title 37.2: BEHAVIORAL HEALTH AND DEVELOPMENTAL SERVICES
• Subtitle III: Admissions and Dispositions
• Ch. 8: EMERGENCY CUSTODY AND VOLUNTARY AND INVOLUNTARY CIVIL ADMISSIONS
• Art. 8: TESTING LEGALITY OF DETENTION

Text

A. If the person referenced in § 37.2-844 is held in custody and actually confined in any facility or other institution, he may file his petition in the circuit court of the county or the city in which the facility or other institution is located or in the circuit court of the county or the city adjoining the county or city in which the facility or other institution is located.

B. Any proceeding to challenge the continued secure inpatient treatment of any person held in custody as a sexually violent predator under Chapter 9 (§ 37.2-900 et seq.) of this title shall be conducted in the circuit court wherein the person was last convicted of a sexually violent offense or wherein the defendant was deemed unrestorably incompetent and referred for commitment pursuant to § 19.2-169.3.

Legislative History

Code 1950, § 37-123; 1950, p. 916; 1968, c. 477, § 37.1-104; 1976, c. 671; 2003, cc. 989, 1018; 2005, c. 716.