2006 Code of Virginia § 37.2-811 - Emergency treatment of defendants prior to trial

37.2-811. Emergency treatment of defendants prior to trial.

A. In any case in which temporary detention is ordered pursuant to 37.2-809upon petition of a person having custody of a defendant in accordance withsubdivision A 2 of 19.2-169.6, the magistrate executing the temporarydetention order shall place the person in a hospital designated by theCommissioner as appropriate for treatment and evaluation of persons under acriminal charge or, if such facility is not available, the defendant shall bedetained in a jail or other place of confinement for persons charged withcriminal offenses and shall be transferred to such hospital as soon aspossible thereafter.

B. The hearing shall be held, upon notice to the attorney for the defendant,either (i) before the court having jurisdiction over the defendant's case or(ii) before a district court judge or special justice in accordance with theprovisions of 37.2-820, in which case the defendant shall be represented bycounsel as specified in 37.2-814.

(1974, c. 351, 37.1-67.1; 1975, cc. 237, 433; 1976, c. 671; 1980, c. 582;1981, c. 463; 1986, cc. 478, 629; 1987, c. 96; 1988, c. 98; 1989, c. 716;1990, cc. 429, 728; 1991, c. 159; 1992, c. 566; 1995, c. 844; 1996, cc. 343,893; 1998, cc. 37, 594, 611; 2004, c. 737; 2005, c. 716.)