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Developed and maintained by the Division of Legislative Automated Systems.
2008 SESSION
081471432Be 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. An employee or a
designee of the community services board as 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, personal delivery, facsimile with return receipt
acknowledged, or other electronic means the prescreening report to the
community services board that is providing the attendee.
Twelve hours prior to the commitment hearing, the court shall provide to the community services board who conducted the preadmission evaluation, the time and location of the commitment hearing. If the community services board will be present by telephonic means, the telephone number for the telephonic presence will be provided.
B. After observing the person and obtaining the necessary
positive certification and considering the appointed examiner's
certification, the preadmission screening report, and 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 C 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 treatmentand 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 18030
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.
TheUpon the expiration of any order for involuntary admission, the
person shall be released at the expiration of 180 days unless he is
involuntarily admitted, for a period not to exceed 180 days, 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.
C. After observing the person and obtaining the necessary
positive certification and considering the appointed examiner's
certification, the preadmission screening report, and 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 his condition have been
investigated and are deemed suitable, (iii) are determined to be
appropriate, and (iii) the person (a) has the degree of competency
necessarysufficient capacity to understand the stipulations of his
treatment, (b) expresseshas expressed an interest in living in
the community and agreeshas 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. outpatientOutpatient
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.