{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2026\/code-json\/37.2-846.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2026\/code-text\/37.2-846.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2026\/code-xml\/37.2-846.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2026\/code-html\/37.2-846.html"}],"law_id":361094,"edition_id":2,"section_id":361094,"structure_id":51642,"section_number":"37.2-846","catch_line":"Procedure when person not confined in facility or other institution","history":"Code 1950, \u00a7 37-124; 1950, p. 916; 1968, c. 477, \u00a7 37.1-104.1; 1976, c. 671; 2003, cc. 989, 1018; 2005, c. 716.","full_text":"A\n\nIn all cases, other than those provided for in § 37.2-845, the person may file his petition in the circuit court of the county or the city in which he resides or in which he was found to have a mental illness or in which an order was entered authorizing his continued involuntary inpatient treatment, pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of this title.\n\nB\n\nAny proceeding to challenge the continued secure inpatient treatment of any person held in custody as a sexually violent predator under Chapter 9 (§ 37.2-900 et seq.) of this title shall be conducted in the circuit court wherein the person was last convicted of a sexually violent offense or wherein the defendant was deemed unrestorably incompetent and referred for commitment pursuant to § 19.2-169.3.\n\n","order_by":null,"text":{"0":{"id":1343759,"text":"In all cases, other than those provided for in § 37.2-845, the person may file his petition in the circuit court of the county or the city in which he resides or in which he was found to have a mental illness or in which an order was entered authorizing his continued involuntary inpatient treatment, pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of this title.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":1343760,"text":"Any proceeding to challenge the continued secure inpatient treatment of any person held in custody as a sexually violent predator under Chapter 9 (§ 37.2-900 et seq.) of this title shall be conducted in the circuit court wherein the person was last convicted of a sexually violent offense or wherein the defendant was deemed unrestorably incompetent and referred for commitment pursuant to § 19.2-169.3.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"ancestry":[{"id":51642,"edition_id":2,"name":"Testing Legality of Detention","identifier":"8","label":"article","depth":4,"order_by":8,"parent_id":51634,"metadata":{"child_laws":4,"child_structures":0},"date_created":"2026-08-02 02:45:26","date_modified":"2026-08-02 12:32:54","permalink":{"id":1437487,"object_type":"structure","relational_id":51642,"identifier":"8","token":"37.2\/III\/8\/8","url":"\/37.2\/III\/8\/8\/","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":361092,"structure_id":51642,"section_number":"37.2-844","catch_line":"Habeas corpus as means","url":"\/37.2-844\/","token":"37.2\/III\/8\/8\/37.2-844","metadata":false},{"id":361093,"structure_id":51642,"section_number":"37.2-845","catch_line":"Procedure when person confined in facility or other institution","url":"\/37.2-845\/","token":"37.2\/III\/8\/8\/37.2-845","metadata":false},{"id":361094,"structure_id":51642,"section_number":"37.2-846","catch_line":"Procedure when person not confined in facility or other institution","url":"\/37.2-846\/","token":"37.2\/III\/8\/8\/37.2-846","metadata":false},{"id":361095,"structure_id":51642,"section_number":"37.2-847","catch_line":"Duty of attorney for Commonwealth","url":"\/37.2-847\/","token":"37.2\/III\/8\/8\/37.2-847","metadata":false}],"previous_section":{"id":361093,"structure_id":51642,"section_number":"37.2-845","catch_line":"Procedure when person confined in facility or other institution","url":"\/37.2-845\/","token":"37.2\/III\/8\/8\/37.2-845","metadata":false},"next_section":{"id":361095,"structure_id":51642,"section_number":"37.2-847","catch_line":"Duty of attorney for Commonwealth","url":"\/37.2-847\/","token":"37.2\/III\/8\/8\/37.2-847","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-846\/","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 1976, chapter 671; in 2003, chapters 989<\/a> and 1018<\/a>; in 2005, chapter 716<\/a>.<\/p>","references":[{"id":361069,"section_number":"37.2-821","catch_line":"Appeal of involuntary admission or certification order","order_by":null,"url":"\/37.2-821\/"}],"refers_to":[{"id":351348,"section_number":"19.2-169.3","catch_line":"Disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge","order_by":null,"url":"\/19.2-169.3\/"},{"id":361057,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","order_by":null,"url":"\/37.2-814\/"},{"id":361093,"section_number":"37.2-845","catch_line":"Procedure when person confined in facility or other institution","order_by":null,"url":"\/37.2-845\/"},{"id":361097,"section_number":"37.2-900","catch_line":"Definitions","order_by":null,"url":"\/37.2-900\/"}],"permalink":{"id":1437497,"object_type":"law","relational_id":361094,"identifier":"37.2-846","token":"37.2\/III\/8\/8\/37.2-846","url":"\/37.2-846\/","edition_id":2,"permalink":0,"preferred":1},"url":"\/37.2-846\/","token":"37.2\/III\/8\/8\/37.2-846","dublin_core":{"Title":"Procedure when person not confined in facility or other institution","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-846","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> In all cases, other than those provided for in § 37.2-845<\/a>, the person may file his petition<\/span> in the circuit<\/span> court<\/span> of the county or the city in which he resides or in which he was found to have a mental illness<\/span> or in which an order<\/span> was entered authorizing his continued involuntary inpatient treatment, pursuant to Article 5 (§ 37.2-814<\/a> et seq.) of Chapter 8 of this title. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Any proceeding to challenge the continued secure inpatient treatment of any person held in custody<\/span> as a sexually violent predator under Chapter 9 (§ 37.2-900<\/a> et seq.) of this title shall be conducted in the circuit<\/span> court<\/span> wherein the person was last convicted of a sexually violent offense<\/span> or wherein the defendant<\/span> was deemed unrestorably incompetent and referred for commitment pursuant to § 19.2-169.3<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nPROCEDURE WHEN PERSON NOT CONFINED IN FACILITY OR OTHER INSTITUTION (\u00a7\n37.2-846)\n\nA. In all cases, other than those provided for in § 37.2-845, the person\nmay file his petition in the circuit court of the county or the city in which he\nresides or in which he was found to have a mental illness or in which an order\nwas entered authorizing his continued involuntary inpatient treatment, pursuant\nto Article 5 (§ 37.2-814 et seq.) of Chapter 8 of this title.\n\nB. Any proceeding to challenge the continued secure inpatient treatment of any\nperson held in custody as a sexually violent predator under Chapter 9 (§\n37.2-900 et seq.) of this title shall be conducted in the circuit court wherein\nthe person was last convicted of a sexually violent offense or wherein the\ndefendant was deemed unrestorably incompetent and referred for commitment\npursuant to § 19.2-169.3.\n\nHISTORY: Code 1950, \u00a7 37-124; 1950, p. 916; 1968, c. 477, \u00a7 37.1-104.1; 1976,\nc. 671; 2003, cc. 989, 1018; 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"}}