37.2-811 - Emergency treatment of inmates in the custody of local correctional facilities. - Virginia Statutes

§ 37.2-811. Emergency treatment of inmates in the custody of localcorrectional facilities.

A. In any case in which temporary detention is ordered pursuant to § 37.2-809upon petition of a person having custody of an inmate in accordance withsubdivision A 2 of § 19.2-169.6, the magistrate executing the temporarydetention order shall place the person in a hospital designated by theCommissioner as appropriate for treatment and evaluation of persons under acriminal charge or, if such facility is not available, the inmate shall bedetained in a local correctional facility or other place of confinement forpersons charged with criminal offenses and shall be transferred to suchhospital as soon as possible thereafter.

B. The hearing shall be held, upon notice to the attorney for the inmate,either (i) before the court having jurisdiction over the inmate's case or(ii) before a district court judge or special justice in accordance with theprovisions of § 37.2-820, in which case the inmate shall be represented bycounsel as specified in § 37.2-814.

(1974, c. 351, § 37.1-67.1; 1975, cc. 237, 433; 1976, c. 671; 1980, c. 582;1981, c. 463; 1986, cc. 478, 629; 1987, c. 96; 1988, c. 98; 1989, c. 716;1990, cc. 429, 728; 1991, c. 159; 1992, c. 566; 1995, c. 844; 1996, cc. 343,893; 1998, cc. 37, 594, 611; 2004, c. 737; 2005, c. 716; 2010, cc. 340, 406.)