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2008 SESSION
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 mandatory 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 the report, orally or in writing, pursuant
to required by § 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. The
examiner, if not physically present at the hearing, and the treating physician
at the facility of temporary detention shall be available whenever possible for
questioning during the hearing through a two-way electronic video and audio or
telephonic communication system as authorized by § 37.2-804.1.
B. An employee or a designee of the local community services board, as defined in § 37.2-809, that prepared the preadmission screening report shall attend the hearing in person or, if physical attendance is not practicable, shall participate in the hearing through a two-way electronic video and audio or telephonic communication system as authorized in § 37.2-804.1. Where a hearing is held outside of the service area of the community services board that prepared the preadmission screening report, and it is not practicable for a representative of the board to attend or participate in the hearing, arrangements shall be made by the board for an employee or designee of the board serving the area in which the hearing is held to attend or participate on behalf of the board that prepared the preadmission screening report. The community services board that prepared the preadmission screening report shall remain responsible for the person subject to the hearing and, prior to the hearing, shall send the preadmission screening report through certified mail, personal delivery, facsimile with return receipt acknowledged, or other electronic means to the community services board attending the hearing. Where a community services board attends the hearing on behalf of the community services board that prepared the preadmission screening report, the attending community services board shall inform the community services board that prepared the preadmission screening report of the disposition of the matter upon conclusion of the hearing. In addition, the attending community services board shall transmit the disposition through certified mail, personal delivery, facsimile with return receipt acknowledged, or other electronic means.
At least 12 hours prior to the hearing, the court shall provide to the community services board that prepared the preadmission screening report the time and location of the hearing. If the representative of the community services board will be present by telephonic means, the court shall provide the telephone number to the board.
B C. 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) all available less restrictive treatment alternatives to
involuntary inpatient treatment, pursuant to subsection D, that would offer
an opportunity for the improvement of the person's condition have been
investigated and deemed unsuitable and there is no less restrictive
alternative to involuntary inpatient treatment and determined to be
inappropriate, 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 30
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 Upon the expiration of any order for involuntary
admission, the person shall be released at the expiration of 180 days
unless he is involuntarily admitted by further petition and order of a court,
which shall be for a period not to exceed 180 days from the date of the
subsequent court order, or such person makes application for treatment on a
voluntary basis as provided for in § 37.2-805, or is ordered to mandatory
outpatient treatment pursuant to subsection D.
C D. 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 that would
offer an opportunity for improvement of the person's condition have been
investigated and are deemed suitable, (iii) are determined to be
appropriate, and (iii) the person (a) has the degree of competency necessary
sufficient capacity to understand the stipulations of his treatment, (b)
expresses has expressed an interest in living in the community
and agrees has agreed to abide by his treatment plan, and (c) is
deemed to have the capacity to comply with the treatment plan and understand
and adhere to conditions and requirements of the treatment and services,
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 by
written order and specific findings so certify and order that the person
be admitted involuntarily to mandatory outpatient treatment. Less restrictive
alternatives shall not be determined to be appropriate unless the services are
actually available in the community and providers of the services have actually
agreed to deliver the services.
E. Mandatory 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.