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2010 SESSION
10102672DBe 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 to an inpatient facility
or ordered to mandatory outpatient treatment pursuant to §§ 37.2-814 through
37.2-819 or certified 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 ordered to mandatory outpatient
treatment or certified or where the facility to which he was admitted is
located. Choice of venue shall rest with the party noting the
appeal such person.
The court may transfer the case upon a finding that the other forum is more
convenient. An appeal shall be filed within 30 10 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. A petition
for or the pendency of an appeal shall not suspend any order unless so ordered
by a judge
or special justice; however, a person may
be released after a petition for or during the pendency of an appeal pursuant
to § 37.2-837 or 37.2-838.
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 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 §§ 37.2-802,
37.2-804, 37.2-804.1, 37.2-804.2, and 37.2-805,
and (i) § 37.2-806 or this article (ii) §§ 37.2-814 through 37.2-819. 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. Any order of the
circuit court shall not
extend the period of involuntary admission or mandatory outpatient treatment
set forth in the order appealed from.
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 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 from which the appeal is taken shall be defended by the
attorney for the Commonwealth shall appear in
support of the person's involuntary admission,
mandatory outpatient treatment, or certification for
admission to a training center.