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2008 SESSION
081447432Patrons-- Bell, Albo, Athey, Byron, Carrico, Cole, Crockett-Stark, Gear, Gilbert, Griffith, Hamilton, Hogan, Howell, W.J., Hugo, Janis, Jones, S.C., Kilgore, Landes, Lingamfelter, Loupassi, Marshall, D.W., Merricks, Nixon, Nutter, O'Bannon, Oder, Peace, Pogge, Poindexter, Purkey, Putney, Rust, Saxman, Sherwood and Tata
Be it enacted by the General Assembly of Virginia:
1. That § 37.2-817 of the Code of Virginia is amended and reenacted as follows:
§ 37.2-817. Involuntary admission and outpatient treatment orders.
A. The district court judge or special justice shall render a decision on the petition for involuntary admission after the appointed examiner has presented his report, orally or in writing, pursuant to § 37.2-815 and after the community services board or behavioral health authority that serves the county or city where the person resides or, if impractical, where the person is located has presented a preadmission screening report, orally or in writing, with recommendations for that person's placement, care, and treatment pursuant to § 37.2-816. These reports, if not contested, may constitute sufficient evidence upon which the district court judge or special justice may base his decision.
B. The independent examiner and an employee or a designee of the community services board defined in subsection A of § 37.2-809 that prepared the prescreening report shall attend the hearing, either in person or via a two-way electronic video and audio communication system as authorized in § 37.2-804.1 or by telephonic means. Where a hearing is held outside of the jurisdiction of the community services board that prepared the prescreening report, and it is not reasonably possible for a representative of the community services board to attend the hearing, arrangements shall be made by the community services board for an employee or designee of the community services board serving the jurisdiction in which the hearing is held to attend the hearing on behalf of the community services board or behavioral health authority that prepared the preadmission screening report. The community services board that prepared the prescreening report shall remain responsible for the person subject to the hearing and shall send, prior to the hearing through certified mail or personal delivery, the prescreening report to the community services board that is providing the attendee .
BC.
After observing the person and obtaining the necessary positive certification
and considering any other relevant evidence that may have been offered, if the
judge or special justice finds by clear and convincing evidence that (i) the
person presents an imminent danger to himself or others as a result of mental
illness or has been proven to be so seriously mentally ill as to be
substantially unable to care for himself and (ii) alternatives to involuntary
inpatient treatment have been investigated and deemed unsuitable and there is
no less restrictive alternative to involuntary inpatient treatment, the judge
or special justice shall by written order and specific findings so certify and
order that the person be admitted involuntarily to a facility for a period of
treatment not to exceed 180 days from the date of the court order. Such
involuntary admission shall be to a facility designated by the community
services board or behavioral health authority that serves the city or county in
which the person was examined as provided in § 37.2-816. If the community
services board or behavioral health authority does not designate a facility at
the commitment hearing, the person shall be involuntarily admitted to a
facility designated by the Commissioner. The person shall be released at the
expiration of 180 days unless he is involuntarily admitted by further petition
and order of a court or such person makes application for treatment on a
voluntary basis as provided for in § 37.2-805.
CD.
After observing the person and obtaining the necessary positive certification
and considering any other relevant evidence that may have been offered, if the
judge or special justice finds by clear and convincing evidence that (i) the
person presents an imminent danger to himself or others as a result of mental
illness or has been proven to be so seriously mentally ill as to be
substantially unable to care for himself, (ii) less restrictive alternatives to
involuntary inpatient treatment have been investigated and are deemed suitable,
(iii) the person (a) has the degree of competency necessary to understand the
stipulations of his treatment, (b) expresses an interest in living in the
community and agrees to abide by his treatment plan, and (c) is deemed to have
the capacity to comply with the treatment plan, and (iv) the ordered treatment
can be delivered on an outpatient basis and be monitored by the community
services board, behavioral health authority or designated provider, the judge
or special justice shall order outpatient treatment, which may include day
treatment in a hospital, night treatment in a hospital, outpatient involuntary
treatment with anti-psychotic medication pursuant to Chapter 11 (§ 37.2-1100 et
seq.), or other appropriate course of treatment as may be necessary to meet the
needs of the person. The community services board or behavioral health
authority that serves the city or county in which the person resides shall
recommend a specific course of treatment and programs for the provision of
involuntary outpatient treatment. The community services board, behavioral
health authority, or designated provider shall monitor the person's compliance
with the treatment ordered by the court under this section, and the person's
failure to comply with involuntary outpatient treatment as ordered by the court
may be admitted into evidence in subsequent hearings held pursuant to the
provisions of this section. Upon failure of the person to adhere to the terms
of the outpatient treatment order, the judge or special justice may revoke it
and, upon notice to the person and after a commitment hearing, order
involuntary admission to a facility.