{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/37.2-828.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/37.2-828.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/37.2-828.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/37.2-828.html"}],"law_id":361076,"edition_id":2,"section_id":361076,"structure_id":51639,"section_number":"37.2-828","catch_line":"Receiving and maintaining federal prisoners in state facilities","history":"Code 1950, \u00a7 37-98; 1950, p. 913; 1968, c. 477, \u00a7 37.1-95; 1972, c. 639; 1980, c. 582; 2005, c. 716.","full_text":"The Commissioner is authorized to enter into a contract with the United States, through the Director of the United States Bureau of Prisons or other authorized agent of the United States, for the reception, maintenance, care, and observation in state facilities, or in those designated by the Commissioner for the purpose, of any persons charged with a crime in the courts of the United States sitting in Virginia and committed by the courts to the state facilities for those purposes. All persons so admitted shall remain subject to the jurisdiction of the court by whom they were committed, and they may be returned to that court at any time for hearing or trial.\n\nAny such contract shall require that the United States remit to the State Treasurer for each prisoner admitted specified per diem or other payments, or both, with such payments fixed by the contract.\n\nThe director of any state facility to which a prisoner of the United States is admitted shall observe the person and, as soon as possible, report in writing to the court by which he is certified or committed as to his mental condition or other matters as the court may direct.\n\nNo contract made pursuant to this section shall obligate the Commonwealth or the Commissioner to receive a federal prisoner into any state facility in which all available beds are needed for persons otherwise admitted, or in any other case where, in the opinion of the director, the admission of the prisoner would interfere with the care and treatment of other persons admitted or with the proper administration of the state facility.\n\n","order_by":null,"text":{"0":{"id":1343721,"text":"The Commissioner is authorized to enter into a contract with the United States, through the Director of the United States Bureau of Prisons or other authorized agent of the United States, for the reception, maintenance, care, and observation in state facilities, or in those designated by the Commissioner for the purpose, of any persons charged with a crime in the courts of the United States sitting in Virginia and committed by the courts to the state facilities for those purposes. All persons so admitted shall remain subject to the jurisdiction of the court by whom they were committed, and they may be returned to that court at any time for hearing or trial.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"next_prefix":""},"1":{"id":1343722,"text":"Any such contract shall require that the United States remit to the State Treasurer for each prisoner admitted specified per diem or other payments, or both, with such payments fixed by the contract.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"2":{"id":1343723,"text":"The director of any state facility to which a prisoner of the United States is admitted shall observe the person and, as soon as possible, report in writing to the court by which he is certified or committed as to his mental condition or other matters as the court may direct.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":"","next_prefix":""},"3":{"id":1343724,"text":"No contract made pursuant to this section shall obligate the Commonwealth or the Commissioner to receive a federal prisoner into any state facility in which all available beds are needed for persons otherwise admitted, or in any other case where, in the opinion of the director, the admission of the prisoner would interfere with the care and treatment of other persons admitted or with the proper administration of the state facility.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1,"prior_prefix":""}},"ancestry":[{"id":51639,"edition_id":2,"name":"Involuntary Admissions","identifier":"5","label":"article","depth":4,"order_by":4,"parent_id":51634,"metadata":{"child_laws":20,"child_structures":0},"date_created":"2026-08-02 02:45:22","date_modified":"2026-08-02 12:32:54","permalink":{"id":1437341,"object_type":"structure","relational_id":51639,"identifier":"5","token":"37.2\/III\/8\/5","url":"\/37.2\/III\/8\/5\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51634,"edition_id":2,"name":"Emergency Custody and Voluntary and Involuntary Civil Admissions","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":51633,"metadata":{"child_laws":57,"child_structures":8},"date_created":"2026-08-02 02:45:19","date_modified":"2026-08-02 12:32:52","permalink":{"id":1437259,"object_type":"structure","relational_id":51634,"identifier":"8","token":"37.2\/III\/8","url":"\/37.2\/III\/8\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51633,"edition_id":2,"name":"Admissions and Dispositions","identifier":"III","label":"subtitle","depth":2,"order_by":3,"parent_id":51608,"metadata":{"child_laws":82,"child_structures":10},"date_created":"2026-08-02 02:45:19","date_modified":"2026-08-02 12:32:52","permalink":{"id":1437257,"object_type":"structure","relational_id":51633,"identifier":"III","token":"37.2\/III","url":"\/37.2\/III\/","edition_id":2,"permalink":0,"preferred":1}},{"id":51608,"edition_id":2,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":85,"parent_id":null,"metadata":{"child_laws":229,"child_structures":35},"date_created":"2026-08-02 02:44:56","date_modified":"2026-08-02 12:32:46","permalink":{"id":1436675,"object_type":"structure","relational_id":51608,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":2,"permalink":0,"preferred":1}}],"structure_contents":[{"id":361057,"structure_id":51639,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","url":"\/37.2-814\/","token":"37.2\/III\/8\/5\/37.2-814","metadata":false},{"id":361058,"structure_id":51639,"section_number":"37.2-815","catch_line":"Commitment hearing for involuntary admission; examination required","url":"\/37.2-815\/","token":"37.2\/III\/8\/5\/37.2-815","metadata":false},{"id":361059,"structure_id":51639,"section_number":"37.2-816","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; preadmission screening report","url":"\/37.2-816\/","token":"37.2\/III\/8\/5\/37.2-816","metadata":false},{"id":361065,"structure_id":51639,"section_number":"37.2-817","catch_line":"(Effective July 1, 2026) Involuntary admission","url":"\/37.2-817\/","token":"37.2\/III\/8\/5\/37.2-817","metadata":false},{"id":361060,"structure_id":51639,"section_number":"37.2-817.01","catch_line":"Mandatory outpatient treatment","url":"\/37.2-817.01\/","token":"37.2\/III\/8\/5\/37.2-817.01","metadata":false},{"id":361061,"structure_id":51639,"section_number":"37.2-817.1","catch_line":"Monitoring and court review of mandatory outpatient treatment","url":"\/37.2-817.1\/","token":"37.2\/III\/8\/5\/37.2-817.1","metadata":false},{"id":361062,"structure_id":51639,"section_number":"37.2-817.2","catch_line":"Repealed","url":"\/37.2-817.2\/","token":"37.2\/III\/8\/5\/37.2-817.2","metadata":false},{"id":361063,"structure_id":51639,"section_number":"37.2-817.3","catch_line":"Repealed","url":"\/37.2-817.3\/","token":"37.2\/III\/8\/5\/37.2-817.3","metadata":false},{"id":361064,"structure_id":51639,"section_number":"37.2-817.4","catch_line":"Continuation of mandatory outpatient treatment order","url":"\/37.2-817.4\/","token":"37.2\/III\/8\/5\/37.2-817.4","metadata":false},{"id":361066,"structure_id":51639,"section_number":"37.2-818","catch_line":"Commitment hearing for involuntary admission; recordings and records","url":"\/37.2-818\/","token":"37.2\/III\/8\/5\/37.2-818","metadata":false},{"id":361067,"structure_id":51639,"section_number":"37.2-819","catch_line":"Order of involuntary admission or mandatory outpatient treatment forwarded to CCRE; certain voluntary admissions forwarded to CCRE; firearm background check","url":"\/37.2-819\/","token":"37.2\/III\/8\/5\/37.2-819","metadata":false},{"id":361068,"structure_id":51639,"section_number":"37.2-820","catch_line":"Place of hearing","url":"\/37.2-820\/","token":"37.2\/III\/8\/5\/37.2-820","metadata":false},{"id":361069,"structure_id":51639,"section_number":"37.2-821","catch_line":"Appeal of involuntary admission or certification order","url":"\/37.2-821\/","token":"37.2\/III\/8\/5\/37.2-821","metadata":false},{"id":361070,"structure_id":51639,"section_number":"37.2-822","catch_line":"Treatment of person admitted while appeal is pending","url":"\/37.2-822\/","token":"37.2\/III\/8\/5\/37.2-822","metadata":false},{"id":361071,"structure_id":51639,"section_number":"37.2-823","catch_line":"Examination of admission papers by director; examination of persons admitted","url":"\/37.2-823\/","token":"37.2\/III\/8\/5\/37.2-823","metadata":false},{"id":361072,"structure_id":51639,"section_number":"37.2-824","catch_line":"Periodic review of all persons for purposes of retention","url":"\/37.2-824\/","token":"37.2\/III\/8\/5\/37.2-824","metadata":false},{"id":361073,"structure_id":51639,"section_number":"37.2-825","catch_line":"Admission raises no presumption of legal incapacity","url":"\/37.2-825\/","token":"37.2\/III\/8\/5\/37.2-825","metadata":false},{"id":361074,"structure_id":51639,"section_number":"37.2-826","catch_line":"Disposition of nonresidents","url":"\/37.2-826\/","token":"37.2\/III\/8\/5\/37.2-826","metadata":false},{"id":361075,"structure_id":51639,"section_number":"37.2-827","catch_line":"Repealed","url":"\/37.2-827\/","token":"37.2\/III\/8\/5\/37.2-827","metadata":false},{"id":361076,"structure_id":51639,"section_number":"37.2-828","catch_line":"Receiving and maintaining federal prisoners in state facilities","url":"\/37.2-828\/","token":"37.2\/III\/8\/5\/37.2-828","metadata":false}],"previous_section":{"id":361075,"structure_id":51639,"section_number":"37.2-827","catch_line":"Repealed","url":"\/37.2-827\/","token":"37.2\/III\/8\/5\/37.2-827","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-828\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 4 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 1968, chapter 477; in 1972, chapter 639; in 1980, chapter 582; in 2005, chapter 716<\/a>.<\/p>","references":false,"refers_to":false,"permalink":{"id":1437419,"object_type":"law","relational_id":361076,"identifier":"37.2-828","token":"37.2\/III\/8\/5\/37.2-828","url":"\/37.2-828\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/37.2-828\/","token":"37.2\/III\/8\/5\/37.2-828","dublin_core":{"Title":"Receiving and maintaining federal prisoners in state facilities","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-828","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

The Commissioner<\/span> is authorized to enter into a contract<\/span> with the United States<\/span>, through the Director of the United States<\/span> Bureau of Prisons or other authorized agent of the United States<\/span>, for the reception, maintenance, care, and observation in state<\/span> facilities, or in those designated by the Commissioner<\/span> for the purpose, of any persons charged with a crime<\/span> in the courts<\/span> of the United States<\/span> sitting in Virginia and committed by the courts<\/span> to the state<\/span> facilities for those purposes. All persons so admitted shall remain subject to the jurisdiction<\/span> of the court<\/span> by whom they were committed, and they may be returned to that court<\/span> at any time for hearing<\/span> or trial<\/span>.<\/p>

Any such contract<\/span> shall require that the United States<\/span> remit to the State<\/span> Treasurer for each prisoner admitted specified per diem or other payments, or both, with such payments fixed by the contract<\/span>.<\/p>

The director of any state<\/span> facility<\/span> to which a prisoner of the United States<\/span> is admitted shall observe the person and, as soon as possible, report in writing to the court<\/span> by which he is certified or committed as to his mental condition or other matters as the court<\/span> may direct.<\/p>

No contract<\/span> made pursuant to this section shall obligate the Commonwealth or the Commissioner<\/span> to receive a federal prisoner into any state<\/span> facility<\/span> in which all available beds are needed for persons otherwise admitted, or in any other case where, in the opinion<\/span> of the director, the admission of the prisoner would interfere with the care and treatment of other persons admitted or with the proper administration of the state<\/span> facility<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nRECEIVING AND MAINTAINING FEDERAL PRISONERS IN STATE FACILITIES (\u00a7 37.2-828)\n\nThe Commissioner is authorized to enter into a contract with the United States,\nthrough the Director of the United States Bureau of Prisons or other authorized\nagent of the United States, for the reception, maintenance, care, and\nobservation in state facilities, or in those designated by the Commissioner for\nthe purpose, of any persons charged with a crime in the courts of the United\nStates sitting in Virginia and committed by the courts to the state facilities\nfor those purposes. All persons so admitted shall remain subject to the\njurisdiction of the court by whom they were committed, and they may be returned\nto that court at any time for hearing or trial.\n\nAny such contract shall require that the United States remit to the State\nTreasurer for each prisoner admitted specified per diem or other payments, or\nboth, with such payments fixed by the contract.\n\nThe director of any state facility to which a prisoner of the United States is\nadmitted shall observe the person and, as soon as possible, report in writing to\nthe court by which he is certified or committed as to his mental condition or\nother matters as the court may direct.\n\nNo contract made pursuant to this section shall obligate the Commonwealth or the\nCommissioner to receive a federal prisoner into any state facility in which all\navailable beds are needed for persons otherwise admitted, or in any other case\nwhere, in the opinion of the director, the admission of the prisoner would\ninterfere with the care and treatment of other persons admitted or with the\nproper administration of the state facility.\n\nHISTORY: Code 1950, \u00a7 37-98; 1950, p. 913; 1968, c. 477, \u00a7 37.1-95; 1972, c.\n639; 1980, c. 582; 2005, c. 716.","edition":{"id":2,"name":"2026","slug":"2026","date_created":"2026-07-16 18:40:23","date_modified":"2026-08-02 15:14:36","current":1,"order_by":2,"last_import":"2026-08-02 12:37:30"}}