§ 32.1-48.03. Petition for hearing; temporary detention.
A. Upon receiving a verified report or upon receiving medical evidence thatany person who has been counseled pursuant to § 32.1-48.02 has continued toengage in at-risk behavior, the Commissioner or his designee may petition thegeneral district court of the county or city in which such person resides toorder the person to appear before the court to determine whether isolation isnecessary to protect the public health from the risk of infection with acommunicable disease of public health significance.
B. If such person cannot be conveniently brought before the court, the courtmay issue an order of temporary detention. The officer executing the order oftemporary detention shall order such person to remain confined in his home oranother's residence or in some convenient and willing institution or otherwilling place for a period not to exceed 48 hours prior to a hearing. Anelectronic device may be used to enforce such detention in the person's homeor another's residence. The institution or other place of temporary detentionshall not include a jail or other place of confinement for persons chargedwith criminal offenses.
If the specified 48-hour period terminates on a Saturday, Sunday, legalholiday or day on which the court is lawfully closed, such person may bedetained until the next day which is not a Saturday, Sunday, legal holiday orday on which the court is lawfully closed.
C. Any person ordered to appear before the court pursuant to this sectionshall be informed of his right to be represented by counsel. The court shallprovide the person with reasonable opportunity to employ counsel at his ownexpense, if so requested. If the person is not represented by counsel, thecourt shall appoint an attorney-at-law to represent him. Counsel so appointedshall be paid a fee of $75 and his necessary expenses.
(1990, c. 958; 2001, c. 837; 2004, cc. 773, 1021.)
§ 32.1-48.03. Petition for hearing; temporary detention.
A. Upon receiving a verified report or upon receiving medical evidence thatany person who has been counseled pursuant to § 32.1-48.02 has continued toengage in at-risk behavior, the Commissioner or his designee may petition thegeneral district court of the county or city in which such person resides toorder the person to appear before the court to determine whether isolation isnecessary to protect the public health from the risk of infection with acommunicable disease of public health significance.
B. If such person cannot be conveniently brought before the court, the courtmay issue an order of temporary detention. The officer executing the order oftemporary detention shall order such person to remain confined in his home oranother's residence or in some convenient and willing institution or otherwilling place for a period not to exceed 48 hours prior to a hearing. Anelectronic device may be used to enforce such detention in the person's homeor another's residence. The institution or other place of temporary detentionshall not include a jail or other place of confinement for persons chargedwith criminal offenses.
If the specified 48-hour period terminates on a Saturday, Sunday, legalholiday or day on which the court is lawfully closed, such person may bedetained until the next day which is not a Saturday, Sunday, legal holiday orday on which the court is lawfully closed.
C. Any person ordered to appear before the court pursuant to this sectionshall be informed of his right to be represented by counsel. The court shallprovide the person with reasonable opportunity to employ counsel at his ownexpense, if so requested. If the person is not represented by counsel, thecourt shall appoint an attorney-at-law to represent him. Counsel so appointedshall be paid a fee of $75 and his necessary expenses.
(1990, c. 958; 2001, c. 837; 2004, cc. 773, 1021.)
§ 32.1-48.03. Petition for hearing; temporary detention.
A. Upon receiving a verified report or upon receiving medical evidence thatany person who has been counseled pursuant to § 32.1-48.02 has continued toengage in at-risk behavior, the Commissioner or his designee may petition thegeneral district court of the county or city in which such person resides toorder the person to appear before the court to determine whether isolation isnecessary to protect the public health from the risk of infection with acommunicable disease of public health significance.
B. If such person cannot be conveniently brought before the court, the courtmay issue an order of temporary detention. The officer executing the order oftemporary detention shall order such person to remain confined in his home oranother's residence or in some convenient and willing institution or otherwilling place for a period not to exceed 48 hours prior to a hearing. Anelectronic device may be used to enforce such detention in the person's homeor another's residence. The institution or other place of temporary detentionshall not include a jail or other place of confinement for persons chargedwith criminal offenses.
If the specified 48-hour period terminates on a Saturday, Sunday, legalholiday or day on which the court is lawfully closed, such person may bedetained until the next day which is not a Saturday, Sunday, legal holiday orday on which the court is lawfully closed.
C. Any person ordered to appear before the court pursuant to this sectionshall be informed of his right to be represented by counsel. The court shallprovide the person with reasonable opportunity to employ counsel at his ownexpense, if so requested. If the person is not represented by counsel, thecourt shall appoint an attorney-at-law to represent him. Counsel so appointedshall be paid a fee of $75 and his necessary expenses.
(1990, c. 958; 2001, c. 837; 2004, cc. 773, 1021.)
