Can a magistrate issue a TDO solely upon the request of an ER physician?
No. The magistrate is required to hear the testimony of an ER physician, but an in-person evaluation by a certified CSB prescreening evaluator is also required. QUESTION : Under 37.2-813, if a person is released prior to a commitment hearing by a judge or special justice, or by a treating psychiatrist or psychologist, does that mean the TDO is no longer in effect, i.e., that the person is no longer under the TDO? ANSWER : There are two scenarios in 37.2-813 pertaining to adults. The first procedure is the release of the person by a judge or special justice on [the persons] personal recognizance or bond. In this scenario, the person must assure the judge or special justice that he/she will appear at the commitment hearing. If the person fails to appear, the judge or special justice may issue a capias or the person may be required to forfeit the bond. So, while no longer in the TDO facility, the person in this scenario is still under the courts jurisdiction and involved in the involuntar
