Virginia law allows for emergency custody of an acquittee on conditional release when there are exigent circumstances. Law enforcement or judicial officers can detain the individual for evaluation if they believe the person has violated release conditions or needs inpatient mental health treatment. The detention is limited to a maximum of eight hours unless further legal action is taken.
Any responsible person or a law enforcement officer can request or initiate emergency custody based on probable cause that the individual needs inpatient mental health treatment.
The individual can be held for up to eight hours for evaluation unless a temporary detention order is issued or they are released earlier.
They are evaluated by a qualified mental health professional to determine if inpatient hospitalization is necessary.
Law enforcement can detain the individual without prior judicial approval if they have probable cause, but the detention is limited to eight hours unless further legal action is taken.