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 to an inpatient facility or ordered tomandatory outpatient treatment pursuant to §§ 37.2-814 through 37.2-819 orcertified 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 ordered to mandatory outpatient treatment orcertified or where the facility to which he was admitted is located. Choiceof venue shall rest with such person. The court may transfer the case upon afinding that the other forum is more convenient. An appeal shall be filedwithin 10 days from the date of the order and shall be given priority overall other pending matters before the court and heard as soon as possible,notwithstanding § 19.2-241 regarding the time within which the court shallset criminal cases for trial. A petition for or the pendency of an appealshall not suspend any order unless so ordered by a judge or special justice;however, a person may be released after a petition for or during the pendencyof an appeal pursuant to § 37.2-837 or 37.2-838. The clerk of the court fromwhich an appeal is taken shall immediately transmit the record to the clerkof the appellate court. The clerk of the circuit court shall provide writtennotification of the appeal to the petitioner in the case in accordance withprocedures set forth in § 16.1-112. No appeal bond or writ tax shall berequired, and the appeal shall proceed without the payment of costs or otherfees. 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 §§ 37.2-802, 37.2-804, 37.2-804.1, 37.2-804.2, and 37.2-805, and (i)§ 37.2-806 or (ii) §§ 37.2-814 through 37.2-819, except that the court in itsdiscretion may rely upon the evaluation report in the commitment hearing fromwhich the appeal is taken instead of requiring a new evaluation pursuant to §37.2-815. Any order of the circuit court shall not extend the period ofinvoluntary admission or mandatory outpatient treatment set forth in theorder appealed from. An order continuing the involuntary admission shall beentered only if the criteria in § 37.2-817 are met at the time the appeal isheard. The person so admitted or certified shall be entitled to trial byjury. Seven persons 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; 2008, cc. 850, 870; 2010, cc. 544, 591.)