2006 Code of Virginia § 37.2-821 - Appeal of involuntary admission or certification order

37.2-821. Appeal of involuntary admission or certification order.

A. Any person involuntarily admitted pursuant to 37.2-814 through 37.2-819or certified as eligible for admission pursuant to 37.2-806 shall have theright to appeal the order to the circuit court in the jurisdiction where hewas involuntarily admitted or certified or where the facility to which he wasadmitted is located. Choice of venue shall rest with the party noting theappeal. The court may transfer the case upon a finding that the other forumis more convenient. An appeal shall be filed within 30 days from the date ofthe order and shall be given priority over all other pending matters beforethe court and heard as soon as possible, notwithstanding 19.2-241 regardingthe time within which the court shall set criminal cases for trial. The clerkof the court from which an appeal is taken shall immediately transmit therecord to the clerk of the appellate court. The clerk of the circuit courtshall provide written notification of the appeal to the petitioner in thecase in accordance with procedures set forth in 16.1-112. No appeal bond orwrit tax shall be required, and the appeal shall proceed without the paymentof costs or other fees. Costs may be recovered as provided for in 37.2-804.

B. The appeal shall be heard de novo in accordance with the provisions setforth in 37.2-806 or this article. The circuit court may require anindependent evaluation of the person pursuant to 37.2-815, or may rely uponthe evaluation report in the commitment hearing from which the appeal istaken. An order continuing the involuntary admission shall be entered only ifthe criteria in 37.2-817 are met at the time the appeal is heard. Theperson so admitted or certified shall be entitled to trial by jury. Sevenpersons from a panel of 13 shall constitute a jury.

C. If the person is not represented by counsel, the judge shall appoint anattorney to represent him. Counsel so appointed shall be paid a fee of $75and his necessary expenses. The order of the court from which the appeal istaken shall be defended by the attorney for the Commonwealth.

(1977, c. 355, 37.1-67.6; 1979, c. 204; 1980, c. 176; 1985, c. 106; 1990,c. 274; 2005, c. 716; 2006, c. 486.)