Virginia § 53.1-40.7 Discharge of prisoner involuntarily admitted

Virginia Statutes

§ 53.1-40.7 — Discharge of prisoner involuntarily admitted

Virginia § 53.1-40.7

Title 53.1PRISONS AND OTHER METHODS OF CORRECTION

Ch. 2STATE CORRECTIONAL FACILITIES

Art. 2.1MEDICAL AND MENTAL HEALTH CARE; INVOLUNTARY ADMISSION AND TREATMENT

This text of Virginia § 53.1-40.7 (Discharge of prisoner involuntarily admitted) is published on Counsel Stack Legal Research, covering Virginia primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Va. Code Ann. § 53.1-40.7 (2026).

Text

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 continu

Free access — add to your briefcase to read the full text and ask questions with AI

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.