§ 32.1-48.04. Isolation hearing; conditions; order for isolation; right toappeal.
A. The isolation hearing shall be held within 48 hours of the execution ofany temporary detention order issued or, if the 48-hour period terminates ona Saturday, Sunday, legal holiday or day on which the court is lawfullyclosed, the isolation hearing shall be the next day that is not a Saturday,Sunday, legal holiday or day on which the court is lawfully closed.
Prior to the hearing, the court shall fully inform the person who is infectedwith the communicable disease of public health significance of the basis forhis detention, if any, the basis upon which he may be isolated, and the rightof appeal of its decision.
B. An order for isolation in the person's home or another's residence or aninstitution or other place, including a jail when no other reasonablealternative is available, may be issued upon a finding by the court that thefollowing conditions are met:
1. The person is infected with a communicable disease of public healthsignificance.
2. The person is engaging in at-risk behavior.
3. The person has demonstrated an intentional disregard for the health of thepublic by engaging in behavior which has placed others at risk for infectionwith the communicable disease of public health significance.
4. There is no other reasonable alternative means of reducing the risk topublic health.
C. Any order for isolation in the person's home or another's residence or aninstitution or other place shall be valid for no more than 120 days, or for ashorter period of time if the Commissioner or his designee, or the court uponpetition, determines that the person no longer poses a substantial threat tothe health of others. Orders for isolation in the person's home or another'sresidence may be enforced through the use of electronic devices. Orders forisolation may include additional requirements such as participation incounseling or education programs. The court may, upon finding that the personno longer poses a substantial threat to the health of others, issue an ordersolely for participation in counseling or educational programs.
D. Isolation orders shall not be renewed without affording the person allrights conferred in this article.
Any person under an isolation order pursuant to this section shall have theright to appeal such order to the circuit court in the jurisdiction in whichhe resides. Such appeal shall be filed within 30 days from the date of theorder. Notwithstanding the provisions of § 19.2-241 relating to the timewithin which the court shall set criminal cases for trial, any appeal of anisolation order shall be given priority over all other pending matters beforethe court, except those matters under appeal pursuant to § 37.2-821, andshall be heard as soon possible by the court. The clerk of the court fromwhich an appeal is taken shall immediately transmit the record to the clerkof the appellate court.
The appeal shall be heard de novo. An order continuing the isolation shallonly be entered if the conditions set forth in subsection B are met at thetime the appeal is heard.
If the person under an isolation order is not represented by counsel, thejudge shall appoint an attorney-at-law to represent him. Counsel so appointedshall be paid a fee of $150 and his necessary expenses. The order of thecourt from which the appeal is taken shall be defended by the attorney forthe Commonwealth.
(1990, c. 958; 2001, c. 837; 2004, cc. 773, 1021.)
§ 32.1-48.04. Isolation hearing; conditions; order for isolation; right toappeal.
A. The isolation hearing shall be held within 48 hours of the execution ofany temporary detention order issued or, if the 48-hour period terminates ona Saturday, Sunday, legal holiday or day on which the court is lawfullyclosed, the isolation hearing shall be the next day that is not a Saturday,Sunday, legal holiday or day on which the court is lawfully closed.
Prior to the hearing, the court shall fully inform the person who is infectedwith the communicable disease of public health significance of the basis forhis detention, if any, the basis upon which he may be isolated, and the rightof appeal of its decision.
B. An order for isolation in the person's home or another's residence or aninstitution or other place, including a jail when no other reasonablealternative is available, may be issued upon a finding by the court that thefollowing conditions are met:
1. The person is infected with a communicable disease of public healthsignificance.
2. The person is engaging in at-risk behavior.
3. The person has demonstrated an intentional disregard for the health of thepublic by engaging in behavior which has placed others at risk for infectionwith the communicable disease of public health significance.
4. There is no other reasonable alternative means of reducing the risk topublic health.
C. Any order for isolation in the person's home or another's residence or aninstitution or other place shall be valid for no more than 120 days, or for ashorter period of time if the Commissioner or his designee, or the court uponpetition, determines that the person no longer poses a substantial threat tothe health of others. Orders for isolation in the person's home or another'sresidence may be enforced through the use of electronic devices. Orders forisolation may include additional requirements such as participation incounseling or education programs. The court may, upon finding that the personno longer poses a substantial threat to the health of others, issue an ordersolely for participation in counseling or educational programs.
D. Isolation orders shall not be renewed without affording the person allrights conferred in this article.
Any person under an isolation order pursuant to this section shall have theright to appeal such order to the circuit court in the jurisdiction in whichhe resides. Such appeal shall be filed within 30 days from the date of theorder. Notwithstanding the provisions of § 19.2-241 relating to the timewithin which the court shall set criminal cases for trial, any appeal of anisolation order shall be given priority over all other pending matters beforethe court, except those matters under appeal pursuant to § 37.2-821, andshall be heard as soon possible by the court. The clerk of the court fromwhich an appeal is taken shall immediately transmit the record to the clerkof the appellate court.
The appeal shall be heard de novo. An order continuing the isolation shallonly be entered if the conditions set forth in subsection B are met at thetime the appeal is heard.
If the person under an isolation order is not represented by counsel, thejudge shall appoint an attorney-at-law to represent him. Counsel so appointedshall be paid a fee of $150 and his necessary expenses. The order of thecourt from which the appeal is taken shall be defended by the attorney forthe Commonwealth.
(1990, c. 958; 2001, c. 837; 2004, cc. 773, 1021.)
§ 32.1-48.04. Isolation hearing; conditions; order for isolation; right toappeal.
A. The isolation hearing shall be held within 48 hours of the execution ofany temporary detention order issued or, if the 48-hour period terminates ona Saturday, Sunday, legal holiday or day on which the court is lawfullyclosed, the isolation hearing shall be the next day that is not a Saturday,Sunday, legal holiday or day on which the court is lawfully closed.
Prior to the hearing, the court shall fully inform the person who is infectedwith the communicable disease of public health significance of the basis forhis detention, if any, the basis upon which he may be isolated, and the rightof appeal of its decision.
B. An order for isolation in the person's home or another's residence or aninstitution or other place, including a jail when no other reasonablealternative is available, may be issued upon a finding by the court that thefollowing conditions are met:
1. The person is infected with a communicable disease of public healthsignificance.
2. The person is engaging in at-risk behavior.
3. The person has demonstrated an intentional disregard for the health of thepublic by engaging in behavior which has placed others at risk for infectionwith the communicable disease of public health significance.
4. There is no other reasonable alternative means of reducing the risk topublic health.
C. Any order for isolation in the person's home or another's residence or aninstitution or other place shall be valid for no more than 120 days, or for ashorter period of time if the Commissioner or his designee, or the court uponpetition, determines that the person no longer poses a substantial threat tothe health of others. Orders for isolation in the person's home or another'sresidence may be enforced through the use of electronic devices. Orders forisolation may include additional requirements such as participation incounseling or education programs. The court may, upon finding that the personno longer poses a substantial threat to the health of others, issue an ordersolely for participation in counseling or educational programs.
D. Isolation orders shall not be renewed without affording the person allrights conferred in this article.
Any person under an isolation order pursuant to this section shall have theright to appeal such order to the circuit court in the jurisdiction in whichhe resides. Such appeal shall be filed within 30 days from the date of theorder. Notwithstanding the provisions of § 19.2-241 relating to the timewithin which the court shall set criminal cases for trial, any appeal of anisolation order shall be given priority over all other pending matters beforethe court, except those matters under appeal pursuant to § 37.2-821, andshall be heard as soon possible by the court. The clerk of the court fromwhich an appeal is taken shall immediately transmit the record to the clerkof the appellate court.
The appeal shall be heard de novo. An order continuing the isolation shallonly be entered if the conditions set forth in subsection B are met at thetime the appeal is heard.
If the person under an isolation order is not represented by counsel, thejudge shall appoint an attorney-at-law to represent him. Counsel so appointedshall be paid a fee of $150 and his necessary expenses. The order of thecourt from which the appeal is taken shall be defended by the attorney forthe Commonwealth.
(1990, c. 958; 2001, c. 837; 2004, cc. 773, 1021.)
