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VIRGINIA STATUTES AND CODES

37.2-846 - Procedure when person not confined in facility or other institution.

§ 37.2-846. Procedure when person not confined in facility or otherinstitution.

A. In all cases, other than those provided for in § 37.2-845, the person mayfile his petition in the circuit court of the county or the city in which heresides or in which he was found to have a mental illness or in which anorder was entered authorizing his continued involuntary inpatient treatment,pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of this title.

B. Any proceeding to challenge the continued secure inpatient treatment ofany 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 courtwherein the person was last convicted of a sexually violent offense orwherein the defendant was deemed unrestorably incompetent and referred forcommitment pursuant to § 19.2-169.3.

(Code 1950, § 37-124; 1950, p. 916; 1968, c. 477, § 37.1-104.1; 1976, c. 671;2003, cc. 989, 1018; 2005, c. 716.)

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