§ 19.2-169.6. Inpatient psychiatric hospital admission from localcorrectional facility.
A. Any inmate of a local correctional facility who is not subject to theprovisions of § 19.2-169.2 may be hospitalized for psychiatric treatment at ahospital designated by the Commissioner of Behavioral Health andDevelopmental Services as appropriate for treatment of persons under criminalcharge if:
1. The court with jurisdiction over the inmate's case, if it is stillpending, on the petition of the person having custody over an inmate or onits own motion, holds a hearing at which the inmate is represented by counseland finds by clear and convincing evidence that (i) the inmate has a mentalillness; (ii) there exists a substantial likelihood that, as a result of amental illness, the inmate will, in the near future, cause serious physicalharm to himself or others as evidenced by recent behavior causing,attempting, or threatening harm and other relevant information, if any; and(iii) the inmate requires treatment in a hospital rather than the localcorrectional facility. Prior to making this determination, the court shallconsider the examination conducted in accordance with § 37.2-815 and thepreadmission screening report prepared in accordance with § 37.2-816 andconducted in-person or by means of a two-way electronic video and audiocommunication system as authorized in § 37.2-804.1 by an employee or designeeof the local community services board or behavioral health authority who isskilled in the assessment and treatment of mental illness, who is notproviding treatment to the inmate, and who has completed a certificationprogram approved by the Department of Behavioral Health and DevelopmentalServices as provided in § 37.2-809. The examiner appointed pursuant to §37.2-815, if not physically present at the hearing, shall be availablewhenever possible for questioning during the hearing through a two-wayelectronic video and audio or telephonic communication system as authorizedin § 37.2-804.1. Any employee or designee of the local community servicesboard or behavioral health authority, as defined in § 37.2-809, representingthe board or authority that prepared the preadmission screening report shallattend the hearing in person or, if physical attendance is not practicable,shall participate in the hearing through a two-way electronic video and audiocommunication system as authorized in § 37.2-804.1. When the hearing is heldoutside the service area of the community services board or behavioral healthauthority that prepared the preadmission screening report, and it is notpracticable for a representative of the board or authority to attend orparticipate in the hearing, arrangements shall be made by the board orauthority for an employee or designee of the board or authority serving thearea in which the hearing is held to attend or participate on behalf of theboard or authority that prepared the preadmission screening report; or
2. Upon petition by the person having custody over an inmate, a magistratefinds probable cause to believe that (i) the inmate has a mental illness;(ii) there exists a substantial likelihood that, as a result of a mentalillness, the inmate will, in the near future, cause serious physical harm tohimself or others as evidenced by recent behavior causing, attempting, orthreatening harm and other relevant information, if any; and (iii) the inmaterequires treatment in a hospital rather than a local correctional facility,and the magistrate issues a temporary detention order for the inmate. Priorto the filing of the petition, the person having custody shall arrange for anevaluation of the inmate conducted in-person or by means of a two-wayelectronic video and audio communication system as authorized in § 37.2-804.1by an employee or designee of the local community services board orbehavioral health authority who is skilled in the assessment and treatment ofmental illness and who has completed a certification program approved by theDepartment as provided in § 37.2-809. After considering the evaluation of theemployee or designee of the local community services board or behavioralhealth authority, and any other information presented, and finding thatprobable cause exists to meet the criteria, the magistrate may issue atemporary detention order in accordance with the applicable proceduresspecified in §§ 37.2-809 through 37.2-813. The person having custody over theinmate shall notify the court having jurisdiction over the inmate's case, ifit is still pending, and the inmate's attorney prior to the detentionpursuant to a temporary detention order or as soon thereafter as isreasonable.
Upon detention pursuant to this subdivision, a hearing shall be held either(a) before the court having jurisdiction over the inmate's case or (b) beforea district court judge or a special justice, as defined in § 37.2-100, inaccordance with the provisions of §§ 37.2-815 through 37.2-821, in which casethe inmate shall be represented by counsel as specified in § 37.2-814. Thehearing shall be held within 48 hours of execution of the temporary detentionorder issued pursuant to this subdivision. If the 48-hour period terminateson a Saturday, Sunday, legal holiday, or day on which the court is lawfullyclosed, the inmate may be detained until the close of business on the nextday that is not a Saturday, Sunday, legal holiday, or day on which the courtis lawfully closed. Any employee or designee of the local community servicesboard or behavioral health authority, as defined in § 37.2-809, representingthe board or authority that prepared the preadmission screening report shallattend the hearing in person or, if physical attendance is not practicable,shall participate in the hearing through a two-way electronic video and audiocommunication system as authorized in § 37.2-804.1. When the hearing is heldoutside the service area of the community services board or behavioral healthauthority that prepared the preadmission screening report, and it is notpracticable for a representative of the board or authority to attend orparticipate in the hearing, arrangements shall be made by the board orauthority for an employee or designee of the board or authority serving thearea in which the hearing is held to attend or participate on behalf of theboard or authority that prepared the preadmission screening report. The judgeor special justice conducting the hearing may order the inmate hospitalizedif, after considering the examination conducted in accordance with §37.2-815, the preadmission screening report prepared in accordance with §37.2-816, and any other available information as specified in subsection C of§ 37.2-817, he finds by clear and convincing evidence that (1) the inmate hasa mental illness; (2) there exists a substantial likelihood that, as a resultof a mental illness, the inmate will, in the near future, cause seriousphysical harm to himself or others as evidenced by recent behavior causing,attempting, or threatening harm and other relevant information, if any; and(3) the inmate requires treatment in a hospital rather than a localcorrectional facility. The examiner appointed pursuant to § 37.2-815, if notphysically present at the hearing, shall be available whenever possible forquestioning during the hearing through a two-way electronic video and audioor telephonic communication system as authorized in § 37.2-804.1. Theexamination and the preadmission screening report shall be admitted intoevidence at the hearing.
B. In no event shall an inmate have the right to make application forvoluntary admission as may be otherwise provided in § 37.2-805 or 37.2-814 orbe subject to an order for mandatory outpatient treatment as provided in §37.2-817.
C. If an inmate is hospitalized pursuant to this section and his criminalcase is still pending, the court having jurisdiction over the inmate's casemay order that the admitting hospital evaluate the inmate's competency tostand trial and his mental state at the time of the offense pursuant to §§19.2-169.1 and 19.2-169.5.
D. An inmate may not be hospitalized longer than 30 days under subsection Aunless the court which has criminal jurisdiction over him or a district courtjudge or a special justice, as defined in § 37.2-100, holds a hearing andorders the inmate's continued hospitalization in accordance with theprovisions of subdivision A 2. If the inmate's hospitalization is continuedunder this subsection by a court other than the court which has jurisdictionover his criminal case, the facility at which the inmate is hospitalizedshall notify the court with jurisdiction over his criminal case and theinmate's attorney in the criminal case, if the case is still pending.
E. Hospitalization may be extended in accordance with subsection D forperiods of 60 days for inmates awaiting trial, but in no event may suchhospitalization be continued beyond trial, nor shall such hospitalization actto delay trial, as long as the inmate remains competent to stand trial.Hospitalization may be extended in accordance with subsection D for periodsof 180 days for an inmate who has been convicted and not yet sentenced, orfor an inmate who has been convicted of a crime and is in the custody of alocal correctional facility after sentencing, but in no event may suchhospitalization be continued beyond the date upon which his sentence wouldhave expired had he received the maximum sentence for the crime charged. Anyinmate who has not completed service of his sentence upon discharge from thehospital shall serve the remainder of his sentence.
F. For any inmate who has been convicted and not yet sentenced, or who hasbeen convicted of a crime and is in the custody of a local correctionalfacility after sentencing, the time the inmate is confined in a hospital forpsychiatric treatment shall be deducted from any term for which he may besentenced to any penal institution, reformatory or elsewhere.
G. Any health care provider, as defined in § 32.1-127.1:03, or other providerrendering services to an inmate who is the subject of a proceeding under thissection, upon request, shall disclose to a magistrate, the court, theinmate's attorney, the inmate's guardian ad litem, the examiner appointedpursuant to § 37.2-815, the community service board or behavioral healthauthority preparing the preadmission screening pursuant to § 37.2-816, or thesheriff or administrator of the local correctional facility any and allinformation that is necessary and appropriate to enable each of them toperform his duties under this section. These health care providers and otherservice providers shall disclose to one another health records andinformation where necessary to provide care and treatment to the inmate andto monitor that care and treatment. Health records disclosed to a sheriff oradministrator of the local correctional facility shall be limited toinformation necessary to protect the sheriff or administrator of the localcorrectional facility and his employees, the inmate, or the public fromphysical injury or to address the health care needs of the inmate.Information disclosed to a law-enforcement officer shall not be used for anyother purpose, disclosed to others, or retained.
Any health care provider disclosing records pursuant to this section shall beimmune from civil liability for any harm resulting from the disclosure,including any liability under the federal Health Insurance Portability andAccountability Act (42 U.S.C. § 1320d et seq.), as amended, unless the personor provider disclosing such records intended the harm or acted in bad faith.
H. Any order entered where an inmate is the subject of proceedings under thissection shall provide for the disclosure of medical records pursuant tosubsection G. This subsection shall not preclude any other disclosures asrequired or permitted by law.
(1982, c. 653; 1986, c. 629; 1987, c. 96; 1990, c. 76; 1995, c. 844; 2005, c.716; 2008, cc. 779, 782, 850, 870; 2010, cc. 340, 406.)
§ 19.2-169.6. Inpatient psychiatric hospital admission from localcorrectional facility.
A. Any inmate of a local correctional facility who is not subject to theprovisions of § 19.2-169.2 may be hospitalized for psychiatric treatment at ahospital designated by the Commissioner of Behavioral Health andDevelopmental Services as appropriate for treatment of persons under criminalcharge if:
1. The court with jurisdiction over the inmate's case, if it is stillpending, on the petition of the person having custody over an inmate or onits own motion, holds a hearing at which the inmate is represented by counseland finds by clear and convincing evidence that (i) the inmate has a mentalillness; (ii) there exists a substantial likelihood that, as a result of amental illness, the inmate will, in the near future, cause serious physicalharm to himself or others as evidenced by recent behavior causing,attempting, or threatening harm and other relevant information, if any; and(iii) the inmate requires treatment in a hospital rather than the localcorrectional facility. Prior to making this determination, the court shallconsider the examination conducted in accordance with § 37.2-815 and thepreadmission screening report prepared in accordance with § 37.2-816 andconducted in-person or by means of a two-way electronic video and audiocommunication system as authorized in § 37.2-804.1 by an employee or designeeof the local community services board or behavioral health authority who isskilled in the assessment and treatment of mental illness, who is notproviding treatment to the inmate, and who has completed a certificationprogram approved by the Department of Behavioral Health and DevelopmentalServices as provided in § 37.2-809. The examiner appointed pursuant to §37.2-815, if not physically present at the hearing, shall be availablewhenever possible for questioning during the hearing through a two-wayelectronic video and audio or telephonic communication system as authorizedin § 37.2-804.1. Any employee or designee of the local community servicesboard or behavioral health authority, as defined in § 37.2-809, representingthe board or authority that prepared the preadmission screening report shallattend the hearing in person or, if physical attendance is not practicable,shall participate in the hearing through a two-way electronic video and audiocommunication system as authorized in § 37.2-804.1. When the hearing is heldoutside the service area of the community services board or behavioral healthauthority that prepared the preadmission screening report, and it is notpracticable for a representative of the board or authority to attend orparticipate in the hearing, arrangements shall be made by the board orauthority for an employee or designee of the board or authority serving thearea in which the hearing is held to attend or participate on behalf of theboard or authority that prepared the preadmission screening report; or
2. Upon petition by the person having custody over an inmate, a magistratefinds probable cause to believe that (i) the inmate has a mental illness;(ii) there exists a substantial likelihood that, as a result of a mentalillness, the inmate will, in the near future, cause serious physical harm tohimself or others as evidenced by recent behavior causing, attempting, orthreatening harm and other relevant information, if any; and (iii) the inmaterequires treatment in a hospital rather than a local correctional facility,and the magistrate issues a temporary detention order for the inmate. Priorto the filing of the petition, the person having custody shall arrange for anevaluation of the inmate conducted in-person or by means of a two-wayelectronic video and audio communication system as authorized in § 37.2-804.1by an employee or designee of the local community services board orbehavioral health authority who is skilled in the assessment and treatment ofmental illness and who has completed a certification program approved by theDepartment as provided in § 37.2-809. After considering the evaluation of theemployee or designee of the local community services board or behavioralhealth authority, and any other information presented, and finding thatprobable cause exists to meet the criteria, the magistrate may issue atemporary detention order in accordance with the applicable proceduresspecified in §§ 37.2-809 through 37.2-813. The person having custody over theinmate shall notify the court having jurisdiction over the inmate's case, ifit is still pending, and the inmate's attorney prior to the detentionpursuant to a temporary detention order or as soon thereafter as isreasonable.
Upon detention pursuant to this subdivision, a hearing shall be held either(a) before the court having jurisdiction over the inmate's case or (b) beforea district court judge or a special justice, as defined in § 37.2-100, inaccordance with the provisions of §§ 37.2-815 through 37.2-821, in which casethe inmate shall be represented by counsel as specified in § 37.2-814. Thehearing shall be held within 48 hours of execution of the temporary detentionorder issued pursuant to this subdivision. If the 48-hour period terminateson a Saturday, Sunday, legal holiday, or day on which the court is lawfullyclosed, the inmate may be detained until the close of business on the nextday that is not a Saturday, Sunday, legal holiday, or day on which the courtis lawfully closed. Any employee or designee of the local community servicesboard or behavioral health authority, as defined in § 37.2-809, representingthe board or authority that prepared the preadmission screening report shallattend the hearing in person or, if physical attendance is not practicable,shall participate in the hearing through a two-way electronic video and audiocommunication system as authorized in § 37.2-804.1. When the hearing is heldoutside the service area of the community services board or behavioral healthauthority that prepared the preadmission screening report, and it is notpracticable for a representative of the board or authority to attend orparticipate in the hearing, arrangements shall be made by the board orauthority for an employee or designee of the board or authority serving thearea in which the hearing is held to attend or participate on behalf of theboard or authority that prepared the preadmission screening report. The judgeor special justice conducting the hearing may order the inmate hospitalizedif, after considering the examination conducted in accordance with §37.2-815, the preadmission screening report prepared in accordance with §37.2-816, and any other available information as specified in subsection C of§ 37.2-817, he finds by clear and convincing evidence that (1) the inmate hasa mental illness; (2) there exists a substantial likelihood that, as a resultof a mental illness, the inmate will, in the near future, cause seriousphysical harm to himself or others as evidenced by recent behavior causing,attempting, or threatening harm and other relevant information, if any; and(3) the inmate requires treatment in a hospital rather than a localcorrectional facility. The examiner appointed pursuant to § 37.2-815, if notphysically present at the hearing, shall be available whenever possible forquestioning during the hearing through a two-way electronic video and audioor telephonic communication system as authorized in § 37.2-804.1. Theexamination and the preadmission screening report shall be admitted intoevidence at the hearing.
B. In no event shall an inmate have the right to make application forvoluntary admission as may be otherwise provided in § 37.2-805 or 37.2-814 orbe subject to an order for mandatory outpatient treatment as provided in §37.2-817.
C. If an inmate is hospitalized pursuant to this section and his criminalcase is still pending, the court having jurisdiction over the inmate's casemay order that the admitting hospital evaluate the inmate's competency tostand trial and his mental state at the time of the offense pursuant to §§19.2-169.1 and 19.2-169.5.
D. An inmate may not be hospitalized longer than 30 days under subsection Aunless the court which has criminal jurisdiction over him or a district courtjudge or a special justice, as defined in § 37.2-100, holds a hearing andorders the inmate's continued hospitalization in accordance with theprovisions of subdivision A 2. If the inmate's hospitalization is continuedunder this subsection by a court other than the court which has jurisdictionover his criminal case, the facility at which the inmate is hospitalizedshall notify the court with jurisdiction over his criminal case and theinmate's attorney in the criminal case, if the case is still pending.
E. Hospitalization may be extended in accordance with subsection D forperiods of 60 days for inmates awaiting trial, but in no event may suchhospitalization be continued beyond trial, nor shall such hospitalization actto delay trial, as long as the inmate remains competent to stand trial.Hospitalization may be extended in accordance with subsection D for periodsof 180 days for an inmate who has been convicted and not yet sentenced, orfor an inmate who has been convicted of a crime and is in the custody of alocal correctional facility after sentencing, but in no event may suchhospitalization be continued beyond the date upon which his sentence wouldhave expired had he received the maximum sentence for the crime charged. Anyinmate who has not completed service of his sentence upon discharge from thehospital shall serve the remainder of his sentence.
F. For any inmate who has been convicted and not yet sentenced, or who hasbeen convicted of a crime and is in the custody of a local correctionalfacility after sentencing, the time the inmate is confined in a hospital forpsychiatric treatment shall be deducted from any term for which he may besentenced to any penal institution, reformatory or elsewhere.
G. Any health care provider, as defined in § 32.1-127.1:03, or other providerrendering services to an inmate who is the subject of a proceeding under thissection, upon request, shall disclose to a magistrate, the court, theinmate's attorney, the inmate's guardian ad litem, the examiner appointedpursuant to § 37.2-815, the community service board or behavioral healthauthority preparing the preadmission screening pursuant to § 37.2-816, or thesheriff or administrator of the local correctional facility any and allinformation that is necessary and appropriate to enable each of them toperform his duties under this section. These health care providers and otherservice providers shall disclose to one another health records andinformation where necessary to provide care and treatment to the inmate andto monitor that care and treatment. Health records disclosed to a sheriff oradministrator of the local correctional facility shall be limited toinformation necessary to protect the sheriff or administrator of the localcorrectional facility and his employees, the inmate, or the public fromphysical injury or to address the health care needs of the inmate.Information disclosed to a law-enforcement officer shall not be used for anyother purpose, disclosed to others, or retained.
Any health care provider disclosing records pursuant to this section shall beimmune from civil liability for any harm resulting from the disclosure,including any liability under the federal Health Insurance Portability andAccountability Act (42 U.S.C. § 1320d et seq.), as amended, unless the personor provider disclosing such records intended the harm or acted in bad faith.
H. Any order entered where an inmate is the subject of proceedings under thissection shall provide for the disclosure of medical records pursuant tosubsection G. This subsection shall not preclude any other disclosures asrequired or permitted by law.
(1982, c. 653; 1986, c. 629; 1987, c. 96; 1990, c. 76; 1995, c. 844; 2005, c.716; 2008, cc. 779, 782, 850, 870; 2010, cc. 340, 406.)
§ 19.2-169.6. Inpatient psychiatric hospital admission from localcorrectional facility.
A. Any inmate of a local correctional facility who is not subject to theprovisions of § 19.2-169.2 may be hospitalized for psychiatric treatment at ahospital designated by the Commissioner of Behavioral Health andDevelopmental Services as appropriate for treatment of persons under criminalcharge if:
1. The court with jurisdiction over the inmate's case, if it is stillpending, on the petition of the person having custody over an inmate or onits own motion, holds a hearing at which the inmate is represented by counseland finds by clear and convincing evidence that (i) the inmate has a mentalillness; (ii) there exists a substantial likelihood that, as a result of amental illness, the inmate will, in the near future, cause serious physicalharm to himself or others as evidenced by recent behavior causing,attempting, or threatening harm and other relevant information, if any; and(iii) the inmate requires treatment in a hospital rather than the localcorrectional facility. Prior to making this determination, the court shallconsider the examination conducted in accordance with § 37.2-815 and thepreadmission screening report prepared in accordance with § 37.2-816 andconducted in-person or by means of a two-way electronic video and audiocommunication system as authorized in § 37.2-804.1 by an employee or designeeof the local community services board or behavioral health authority who isskilled in the assessment and treatment of mental illness, who is notproviding treatment to the inmate, and who has completed a certificationprogram approved by the Department of Behavioral Health and DevelopmentalServices as provided in § 37.2-809. The examiner appointed pursuant to §37.2-815, if not physically present at the hearing, shall be availablewhenever possible for questioning during the hearing through a two-wayelectronic video and audio or telephonic communication system as authorizedin § 37.2-804.1. Any employee or designee of the local community servicesboard or behavioral health authority, as defined in § 37.2-809, representingthe board or authority that prepared the preadmission screening report shallattend the hearing in person or, if physical attendance is not practicable,shall participate in the hearing through a two-way electronic video and audiocommunication system as authorized in § 37.2-804.1. When the hearing is heldoutside the service area of the community services board or behavioral healthauthority that prepared the preadmission screening report, and it is notpracticable for a representative of the board or authority to attend orparticipate in the hearing, arrangements shall be made by the board orauthority for an employee or designee of the board or authority serving thearea in which the hearing is held to attend or participate on behalf of theboard or authority that prepared the preadmission screening report; or
2. Upon petition by the person having custody over an inmate, a magistratefinds probable cause to believe that (i) the inmate has a mental illness;(ii) there exists a substantial likelihood that, as a result of a mentalillness, the inmate will, in the near future, cause serious physical harm tohimself or others as evidenced by recent behavior causing, attempting, orthreatening harm and other relevant information, if any; and (iii) the inmaterequires treatment in a hospital rather than a local correctional facility,and the magistrate issues a temporary detention order for the inmate. Priorto the filing of the petition, the person having custody shall arrange for anevaluation of the inmate conducted in-person or by means of a two-wayelectronic video and audio communication system as authorized in § 37.2-804.1by an employee or designee of the local community services board orbehavioral health authority who is skilled in the assessment and treatment ofmental illness and who has completed a certification program approved by theDepartment as provided in § 37.2-809. After considering the evaluation of theemployee or designee of the local community services board or behavioralhealth authority, and any other information presented, and finding thatprobable cause exists to meet the criteria, the magistrate may issue atemporary detention order in accordance with the applicable proceduresspecified in §§ 37.2-809 through 37.2-813. The person having custody over theinmate shall notify the court having jurisdiction over the inmate's case, ifit is still pending, and the inmate's attorney prior to the detentionpursuant to a temporary detention order or as soon thereafter as isreasonable.
Upon detention pursuant to this subdivision, a hearing shall be held either(a) before the court having jurisdiction over the inmate's case or (b) beforea district court judge or a special justice, as defined in § 37.2-100, inaccordance with the provisions of §§ 37.2-815 through 37.2-821, in which casethe inmate shall be represented by counsel as specified in § 37.2-814. Thehearing shall be held within 48 hours of execution of the temporary detentionorder issued pursuant to this subdivision. If the 48-hour period terminateson a Saturday, Sunday, legal holiday, or day on which the court is lawfullyclosed, the inmate may be detained until the close of business on the nextday that is not a Saturday, Sunday, legal holiday, or day on which the courtis lawfully closed. Any employee or designee of the local community servicesboard or behavioral health authority, as defined in § 37.2-809, representingthe board or authority that prepared the preadmission screening report shallattend the hearing in person or, if physical attendance is not practicable,shall participate in the hearing through a two-way electronic video and audiocommunication system as authorized in § 37.2-804.1. When the hearing is heldoutside the service area of the community services board or behavioral healthauthority that prepared the preadmission screening report, and it is notpracticable for a representative of the board or authority to attend orparticipate in the hearing, arrangements shall be made by the board orauthority for an employee or designee of the board or authority serving thearea in which the hearing is held to attend or participate on behalf of theboard or authority that prepared the preadmission screening report. The judgeor special justice conducting the hearing may order the inmate hospitalizedif, after considering the examination conducted in accordance with §37.2-815, the preadmission screening report prepared in accordance with §37.2-816, and any other available information as specified in subsection C of§ 37.2-817, he finds by clear and convincing evidence that (1) the inmate hasa mental illness; (2) there exists a substantial likelihood that, as a resultof a mental illness, the inmate will, in the near future, cause seriousphysical harm to himself or others as evidenced by recent behavior causing,attempting, or threatening harm and other relevant information, if any; and(3) the inmate requires treatment in a hospital rather than a localcorrectional facility. The examiner appointed pursuant to § 37.2-815, if notphysically present at the hearing, shall be available whenever possible forquestioning during the hearing through a two-way electronic video and audioor telephonic communication system as authorized in § 37.2-804.1. Theexamination and the preadmission screening report shall be admitted intoevidence at the hearing.
B. In no event shall an inmate have the right to make application forvoluntary admission as may be otherwise provided in § 37.2-805 or 37.2-814 orbe subject to an order for mandatory outpatient treatment as provided in §37.2-817.
C. If an inmate is hospitalized pursuant to this section and his criminalcase is still pending, the court having jurisdiction over the inmate's casemay order that the admitting hospital evaluate the inmate's competency tostand trial and his mental state at the time of the offense pursuant to §§19.2-169.1 and 19.2-169.5.
D. An inmate may not be hospitalized longer than 30 days under subsection Aunless the court which has criminal jurisdiction over him or a district courtjudge or a special justice, as defined in § 37.2-100, holds a hearing andorders the inmate's continued hospitalization in accordance with theprovisions of subdivision A 2. If the inmate's hospitalization is continuedunder this subsection by a court other than the court which has jurisdictionover his criminal case, the facility at which the inmate is hospitalizedshall notify the court with jurisdiction over his criminal case and theinmate's attorney in the criminal case, if the case is still pending.
E. Hospitalization may be extended in accordance with subsection D forperiods of 60 days for inmates awaiting trial, but in no event may suchhospitalization be continued beyond trial, nor shall such hospitalization actto delay trial, as long as the inmate remains competent to stand trial.Hospitalization may be extended in accordance with subsection D for periodsof 180 days for an inmate who has been convicted and not yet sentenced, orfor an inmate who has been convicted of a crime and is in the custody of alocal correctional facility after sentencing, but in no event may suchhospitalization be continued beyond the date upon which his sentence wouldhave expired had he received the maximum sentence for the crime charged. Anyinmate who has not completed service of his sentence upon discharge from thehospital shall serve the remainder of his sentence.
F. For any inmate who has been convicted and not yet sentenced, or who hasbeen convicted of a crime and is in the custody of a local correctionalfacility after sentencing, the time the inmate is confined in a hospital forpsychiatric treatment shall be deducted from any term for which he may besentenced to any penal institution, reformatory or elsewhere.
G. Any health care provider, as defined in § 32.1-127.1:03, or other providerrendering services to an inmate who is the subject of a proceeding under thissection, upon request, shall disclose to a magistrate, the court, theinmate's attorney, the inmate's guardian ad litem, the examiner appointedpursuant to § 37.2-815, the community service board or behavioral healthauthority preparing the preadmission screening pursuant to § 37.2-816, or thesheriff or administrator of the local correctional facility any and allinformation that is necessary and appropriate to enable each of them toperform his duties under this section. These health care providers and otherservice providers shall disclose to one another health records andinformation where necessary to provide care and treatment to the inmate andto monitor that care and treatment. Health records disclosed to a sheriff oradministrator of the local correctional facility shall be limited toinformation necessary to protect the sheriff or administrator of the localcorrectional facility and his employees, the inmate, or the public fromphysical injury or to address the health care needs of the inmate.Information disclosed to a law-enforcement officer shall not be used for anyother purpose, disclosed to others, or retained.
Any health care provider disclosing records pursuant to this section shall beimmune from civil liability for any harm resulting from the disclosure,including any liability under the federal Health Insurance Portability andAccountability Act (42 U.S.C. § 1320d et seq.), as amended, unless the personor provider disclosing such records intended the harm or acted in bad faith.
H. Any order entered where an inmate is the subject of proceedings under thissection shall provide for the disclosure of medical records pursuant tosubsection G. This subsection shall not preclude any other disclosures asrequired or permitted by law.
(1982, c. 653; 1986, c. 629; 1987, c. 96; 1990, c. 76; 1995, c. 844; 2005, c.716; 2008, cc. 779, 782, 850, 870; 2010, cc. 340, 406.)
