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Current as of January 01, 2025 | Updated by Findlaw Staff
A. Any person held in custody because of his mental illness may by petition for a writ of habeas corpus have the question of the legality of his detention determined by a court of competent jurisdiction. Upon the petition, after notice to the authorities of the facility or other institution in which the person is confined, the court shall determine in a courtroom of the county or city or in some other convenient public place in that county or city, whether the person has a mental illness and whether he should be detained.
B. Any proceeding to challenge the continued secure inpatient treatment of a person held in custody as a sexually violent predator under Chapter 9 (§ 37.2-900 et seq.) of this title shall be conducted in accordance with § 37.2-910.
Cite this article: FindLaw.com - Virginia Code Title 37.2. Behavioral Health and Developmental Services § 37.2-844. Habeas corpus as means - last updated January 01, 2025 | https://codes.findlaw.com/va/title-37-2-behavioral-health-and-developmental-services/va-code-sect-37-2-844/
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