Virginia Code 37.2-920: Appeal by Attorney General; emergency custody order
Current as of: 2023 | Check for updates
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In any case in which the Attorney General successfully appeals the trial court’s denial of probable cause, denial of civil commitment or conditional release, or discharge or placement on conditional release after an annual review hearing, upon the issuance of the mandate by the Court of Appeals, the trial court shall immediately issue an emergency custody order to any local law-enforcement official to have the person taken into custody and held in the local correctional facility, pending further appropriate proceedings.
Terms Used In Virginia Code 37.2-920
- Facility: means a state or licensed hospital, training center, psychiatric hospital, or other type of residential or outpatient mental health or developmental services facility. See Virginia Code 37.2-100
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Probable cause: A reasonable ground for belief that the offender violated a specific law.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.