77681853.1-40.1Virginia Decodedhttps://vacode.org2016Prisons And Other Methods Of CorrectionState Correctional FacilitiesMedical And Mental Health Care; Involuntary Admission And TreatmentMedical and mental health treatment of prisoners incapable of giving consent1988, c. 873; 1997, c. 801; 2005, c. 716; 2016, c. 211.The Director or his designee may petition the circuit court or any district court judge or any special justice, as defined in § 37.2-100, herein referred to as the court, of the county or city in which the prisoner is located for an order authorizing treatment of a prisoner sentenced and committed to the Department of Corrections. The court shall authorize such treatment in a facility designated by the Director upon finding, on the basis of clear and convincing evidence, that the prisoner is incapable, either mentally or physically, of giving informed consent to such treatment and that the proposed treatment is in the best interests of the prisoner.sectionAA1Any order of a judge under subsection A may be appealed de novo within 10 days to the circuit court for the jurisdiction where the prisoner is located, and any order of a circuit court hereunder, either originally or on appeal, may be appealed within 10 days to the Court of Appeals, which shall give such appeal priority and hear the appeal as soon as possible.sectionDD1Whenever the director of any hospital or facility reasonably believes that treatment is necessary to protect the life, health, or safety of a prisoner, such treatment may be given during the period allowed for any appeal unless prohibited by order of a court of record wherein the appeal is pending.sectionEE1Upon the advice of a licensed physician, psychiatrist, or clinical psychologist acting within his area of expertise who has attempted to obtain consent and upon a finding of probable cause to believe that a prisoner is incapable, due to any physical or mental condition, of giving informed consent to treatment and that the medical standard of care calls for testing, observation, or other treatment within the next 12 hours to prevent death, disability or a serious irreversible condition, the court or, if the court is unavailable, a magistrate shall issue an order authorizing temporary admission of the prisoner to a hospital or other health care facility and authorizing such testing, observation, or other treatment. Such order shall expire after a period of 12 hours unless extended by the court as part of an order authorizing treatment under subsection A.sectionFF1Nothing in this section shall be deemed to limit or repeal any common law rule relating to consent for medical treatment or the right to apply or the authority conferred by any other applicable statute or regulation relating to consent.sectionHH1Washington v. SilberCiv. A. No. 91-0085-R805 F. Supp. 3791992-11-03https://www.courtlistener.com/opinion/2593022/washington-v-silber/ . . . procedures are detailed in Code of Virginia § 53.1-40.1. At the hearing, the judge hears evidence . . . District Court, W.D. VirginiaWashington v. SilberCiv. A. No. 91-0085-R805 F. Supp. 3791992-11-03https://www.courtlistener.com/opinion/2593022/washington-v-silber/ . . . procedures are detailed in Code of Virginia § 53.1-40.1. At the hearing, the judge hears evidence . . . District Court, W.D. Virginiahttp://law.lis.virginia.gov/vacode/53.1-40.1/37.2-100Definitions/37.2-100//53.1-40.1/53.1/2/2.1/53.1-40.117.1-40637.2-80353.1-40.353.1-40.853.1-40.9