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2008 SESSION
081429432Be it enacted by the General Assembly of Virginia:
1. That § 37.2-821 of the Code of Virginia is amended and reenacted as follows:
§ 37.2-821. Appeal of involuntary admission or certification order.
A. Any person involuntarily admitted who is a party pursuant
to a civil commitment hearing under §§ 37.2-814 through 37.2-819 or certified
a certification proceeding as eligible for admission pursuant to
§ 37.2-806, shall have the right to appeal the order to the circuit
court in the jurisdiction where he was involuntarily admitted or certified
or the hearing or proceeding was heard or the jurisdiction where the
commitment facility to which he was admitted is located. Choice
of venue shall rest with the party noting the appeal. The court may transfer
the case upon a finding that the other forum is more convenient. An appeal
shall be filed within 30 days from the date of the order and shall be given
priority over all other pending matters before the court and heard as soon as
possible, notwithstanding § 19.2-241 regarding the time within which the court
shall set criminal cases for trial. The clerk of the court from which an appeal
is taken shall immediately transmit the record to the clerk of the appellate
court. The clerk of the circuit court shall provide written notification of the
appeal to the petitioner appellee in the case in accordance with
procedures set forth in § 16.1-112. No appeal bond or writ tax shall be
required, and the appeal shall proceed without the payment of costs or other
fees. Costs may be recovered as provided for in § 37.2-804.
B. The appeal shall be heard de novo in accordance with the provisions set forth in § 37.2-806 or this article. The circuit court may require an independent evaluation of the person pursuant to § 37.2-815, or may rely upon the evaluation report in the commitment hearing from which the appeal is taken. An order continuing the involuntary admission shall be entered only if the criteria in § 37.2-817 are met at the time the appeal is heard. The person so admitted or certified shall be entitled to trial by jury. Seven persons from a panel of 13 shall constitute a jury.
C. If the person respondent is not represented
by counsel, the judge shall appoint an attorney to represent him. Counsel so
appointed shall be paid a fee of $75 and his necessary expenses. The order of
the court [ involuntarily admitted ] from which the appeal is taken
shall be defended by the attorney for the Commonwealth.