Virginia law allows inmates in local correctional facilities to be hospitalized for psychiatric treatment if a court finds they have a mental illness and pose a danger to themselves or others. The court must hold a hearing, consider assessments, and determine that hospitalization is necessary over continued detention. This process ensures appropriate mental health treatment for inmates with serious mental health issues.
The court with jurisdiction over the inmate's case can request hospitalization, based on a petition from the inmate's custodian or on its own motion.
The court must find that the inmate has a mental illness, poses a substantial risk of harm to themselves or others, and requires hospital treatment instead of detention.
The court reviews examinations conducted under Virginia law, including preadmission screening reports and assessments by qualified mental health professionals.
Yes, if the court holds a hearing and finds that the inmate meets the criteria for hospitalization, even if their criminal case is still pending.