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Developed and maintained by the Division of Legislative Automated Systems.
2008 SESSION
080299248Be 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. 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.
BC. After observing the person and obtaining
the necessary positive certification and considering (i) the
recommendations of any treating physician or psychologist licensed in Virginia,
if available, (ii) any past actions of the person, (iii) any past mental health
treatment of the person, (iv) any examiner's certification, (v) any health
records available, (vi) any affidavits submitted, if the witness is unavailable
and it so states in the affidavit, (vii) the preadmission screening report, and
(viii) 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 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 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.
CD. After observing the person and obtaining
the necessary positive certification and considering (i) the
recommendations of any treating physician or psychologist licensed in Virginia,
if available, (ii) any past actions of the person, (iii) any past mental health
treatment of the person, (iv) any examiner's certification, (v) any health
records available, (vi) any affidavits submitted, if the witness is unavailable
and it so states in the affidavit, (vii) the preadmission screening report, and
(viii) 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 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.
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.