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2008 SESSION

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HB 1144 Temporary detention order; magistrate may consider recommendation of examining physician, etc.

Introduced by: William H. Fralin, Jr. | all patrons    ...    notes | add to my profiles

SUMMARY AS PASSED: (all summaries)

Involuntary commitment hearings; factors to consider. Allows the magistrate, when considering whether to issue an emergency custody order or a temporary detention order, to consider: (i) the recommendations of any treating or examining physician licensed in Virginia, if available, (ii) any past actions of the person, (iii) any past mental health treatment of the person, (iv) any relevant hearsay evidence, (v) any medical records available, (vi) any affidavits submitted, if the witness is unavailable and it so states in the affidavit, and (vii) any other information available that the magistrate deems relevant to the determination of whether to issue a temporary detention order. The bill also requires that the special justice, when considering a petition for involuntary commitment or mandatory outpatient treatment, shall consider items (i), (ii), (iii), (v), and (vii), as well as the examiner's certification and the preadmission screening report. This bill incorporates HB 737 and HB 1139.


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