53.1-40.7 - Discharge of prisoner involuntarily admitted. - Virginia Statutes

§ 53.1-40.7. Discharge of prisoner involuntarily admitted.

A. The prisoner shall be discharged from a hospital or facility for the careand treatment of the mentally ill to a state or local correctional facilitydesignated by the Director if there is no further need for involuntaryhospitalization or at the expiration of 180 days unless involuntarilycommitted by further petition and order of a court as provided herein.

B. Notwithstanding the provisions of subsection A, if there is no furtherneed for involuntary hospitalization, the prisoner may be retained in suchhospital or facility if the prisoner (i) is capable of and consents tovoluntary admission, and (ii) has been examined by a licensed physician,psychiatrist, or clinical psychologist acting on staff within his area ofexpertise and is determined to be in need of continued hospitalization.

(1988, c. 873; 2005, c. 639.)