Virginia Code

Va. Code Ann. § 19.2-182.3 (2026)

Commitment; civil proceedings

✓ current as of May 2026

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Upon receipt of the evaluation report and, if applicable, a conditional release or discharge plan, the court shall schedule the matter for hearing on an expedited basis, giving the matter priority over other civil matters before the court, to determine the appropriate disposition of the acquittee. Except as otherwise ordered by the court, the attorney who represented the defendant at the criminal proceedings shall represent the acquittee through the proceedings pursuant to this section. The matter may be continued on motion of either party for good cause shown. The acquittee shall be provided with adequate notice of the hearing, of the right to be present at the hearing, the right to the assistance of counsel in preparation for and during the hearing, and the right to introduce evidence and cross-examine witnesses at the hearing. The hearing is a civil proceeding.

At the conclusion of the hearing, the court shall commit the acquittee if it finds that he has mental illness or intellectual disability and is in need of inpatient hospitalization. For the purposes of this chapter, mental illness includes any mental illness, as defined in § 37.2-100, in a state of remission when the illness may, with reasonable probability, become active. The decision of the court shall be based upon consideration of the following factors:

1. To what extent the acquittee has mental illness or intellectual disability, as those terms are defined in § 37.2-100;

2. The likelihood that the acquittee will engage in conduct presenting a substantial risk of bodily harm to other persons or to himself in the foreseeable future;

3. The likelihood that the acquittee can be adequately controlled with supervision and treatment on an outpatient basis; and

4. Such other factors as the court deems relevant.

If the court determines that an acquittee does not need inpatient hospitalization solely because of treatment or habilitation he is currently receiving, but the court is not persuaded that the acquittee will continue to receive such treatment or habilitation, it may commit him for inpatient hospitalization. The court shall order the acquittee released with conditions pursuant to §§ 19.2-182.7, 19.2-182.8, and 19.2-182.9 if it finds that he is not in need of inpatient hospitalization but that he meets the criteria for conditional release set forth in § 19.2-182.7. If the court finds that the acquittee does not need inpatient hospitalization nor does he meet the criteria for conditional release, it shall release him without conditions, provided the court has approved a discharge plan prepared by the appropriate community services board or behavioral health authority in consultation with the appropriate hospital staff.

The court shall order that any person acquitted by reason of insanity and committed pursuant to this section who is sentenced to a term of incarceration for any other offense in the same proceeding or in any proceeding conducted prior to the proceeding in which the person is acquitted by reason of insanity complete any sentence imposed for such other offense prior to being placed in the custody of the Commissioner of Behavioral Health and Developmental Services until released from commitment pursuant to this chapter. The court shall order that any person acquitted by reason of insanity and committed pursuant to this section who is sentenced to a term of incarceration in any proceeding conducted during the period of commitment be transferred to the custody of the correctional facility where he is to serve his sentence, and, upon completion of his sentence, such person shall be placed in the custody of the Commissioner of Behavioral Health and Developmental Services until released from commitment pursuant to this chapter.

1991, c. 427; 1993, c. 295; 2005, c. 716; 2012, cc. 476, 507; 2018, c. 768.

Notes of Decisions

Cited in 13 cases (3 in the last 5 years), 1995–2025 · leading case: Mercer v. Commonwealth, 523 S.E.2d 213 (Va. 2000).

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Mercer v. Commonwealth, 523 S.E.2d 213 (Va. 2000). · cites it 13× “1-1 in relation to the criteria set forth in Code §§ 19.2-182.3 and -182.5 for the continued commitment of an individual found not guilty of criminal charges by reason of insanity.”

Commonwealth v. Chatman, 538 S.E.2d 304 (Va. 2000). · cites it 8× “Code § 19.2-182.3. When an acquittee is committed for inpatient hospitalization, the committing court must conduct periodic assessments of the confined acquittee's continuing need for such treatment.”

Eastlack v. Com., 710 S.E.2d 723 (Va. 2011). · cites it 2× “If, at the conclusion of the hearing, the court finds that the acquitted person has a mental illness or retardation and is in need of inpatient hospitalization, the court must order the involuntary commitment of the acquitted person to a mental hospital.”

Farabee v. Johnson, 129 F. App'x 799 (4th Cir. 2005). “Pursuant to Va. Code Ann. § 19.2-182.3 (Michie 2004), the court then ordered Farabee committed to Central State Hospital.”

Doe v. Charter Commc'ns, 131 F.4th 323 (5th Cir. 2025). “4 He cited Va. Code § 19.2-182.3. 5 Doe cited Va. Code §§ 19.”

Bates v. Commonwealth (Va. 2014). · cites it 22× “Johnston, Judge In this appeal, we consider whether the circuit court properly applied Code §§ 19.2-182.3 and 19.2-182.7 to its findings of fact in determining that Tanisha Juanika Bates, found not guilty of arson by reason of insanity, required commitment to inpatient…”

Edward R. Sykes v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 9× “at 572 (citing Code § 19.2-182.3). The trial court’s decision to commit shall be based upon the following factors: 1.”

D.L.G. v. Commonwealth, 724 S.E.2d 208 (Va. Ct. App. 2012). “And, had the trier of fact in the circuit court acquitted appellant of attempted poisoning by reason of insanity, appellant would have had the right to undergo an evaluation to determine whether he may be “released with or without conditions or requires commitment,” whether he…”

Nigel Elliot Walker v. Commonwealth of Virginia (Va. Ct. App. 2023). · cites it 7× “235, 240, 242-43 (2000) (recognizing the appellate deference owed to the circuit court’s factual findings under Code §§ 19.2-182.3 and -182.5 regarding whether the defendant’s diagnosed disorders were mental illnesses).”

Williams v. Commonwealth (ORDER) (Va. 2017). · cites it 3× “The trial court conducted a hearing pursuant to Code § 19.2-182.3 and found, addressing Williams, that “I agree that you certainly do need to have the benefit of the services at Central State.”

Hosay v. Land (E.D. Va. 2020). · cites it 3× “2-817 and the standard for | continued commitment under Code of Virginia § 19.2-182.3 for an individual found not guilty by reason of insanity.”

DLG v. Com., 724 S.E.2d 208 (Va. Ct. App. 2012). “And, had the trier of fact in the circuit court acquitted appellant of attempted poisoning by reason of insanity, appellant would have had the right to undergo an evaluation to determine whether he may be "released with or without conditions or requires commitment," whether he…”

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