53.1-40.4 - Appeal of order authorizing involuntary admission. - Virginia Statutes

§ 53.1-40.4. Appeal of order authorizing involuntary admission.

A. Any prisoner involuntarily committed pursuant to § 53.1-40.2 shall havethe right to appeal such order to the circuit court in the jurisdictionwherein the prisoner is located. The decision of the circuit court shall befinal with no further right of appeal.

B. Such appeal must be filed within ten days from the date of the order andshall be given priority over all other pending matters before the court andheard as soon as possible, notwithstanding the provisions of § 19.2-241providing time within which the court shall set criminal cases for trial. Theclerk of the court from which an appeal is taken shall immediately transmitthe record to the clerk of the circuit court.

C. No appeal bond or writ tax shall be required and the appeal shall proceedwithout the payment of costs or other fees. Costs may be recovered asprovided for in § 53.1-40.8.

D. The appeal to the circuit court shall be heard de novo. An ordercontinuing the commitment shall be entered only if the criteria in §53.1-40.2 are met at the time the appeal is heard. The prisoner so committedshall be entitled to trial by jury. Seven persons from a panel of thirteenshall constitute a jury in such cases.

E. If such prisoner is not represented by counsel, the judge shall appoint anattorney to represent him. Counsel so appointed shall be paid a fee asprovided in § 37.2-821. The order of the court from which the appeal is takenshall be defended by the attorney for the Commonwealth.

(1988, c. 873; 1994, c. 211.)