SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2012 SESSION
12103289DBe it enacted by the General Assembly of Virginia:
1. That § 19.2-169.6 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-169.6. Inpatient psychiatric hospital admission from local correctional facility.
A. Any inmate of a local correctional facility who is not subject to the provisions of § 19.2-169.2 may be hospitalized for psychiatric treatment at a hospital designated by the Commissioner of Behavioral Health and Developmental Services as appropriate for treatment of persons under criminal charge if:
1. The court with jurisdiction over the inmate's case, if it
is still pending, on the petition of the person having custody over an inmate
or on its own motion, holds a hearing at which the inmate is represented by
counsel and finds by clear and convincing evidence that (i) the inmate has a
mental illness; (ii) there exists a substantial likelihood that, as a result of
a mental illness, the inmate will, in the near future, (a) cause serious
physical harm to himself or others as evidenced by recent behavior causing,
attempting, or threatening harm and any other relevant information,
if any; or (b) suffer serious harm due to his lack of capacity to
protect himself from harm or to provide for his basic human needs as evidenced
by recent behavior and any other relevant information; and (iii) the inmate
requires treatment in a hospital rather than the local correctional facility.
Prior to making this determination, the court shall consider the examination
conducted in accordance with § 37.2-815 and the preadmission screening report
prepared in accordance with § 37.2-816 and conducted in-person or by means of a
two-way electronic video and audio communication system as authorized in §
37.2-804.1 by an employee or designee of the local community services board or
behavioral health authority who is skilled in the assessment and treatment of
mental illness, who is not providing treatment to the inmate, and who has
completed a certification program approved by the Department of Behavioral
Health and Developmental Services as provided in § 37.2-809. The examiner
appointed pursuant to § 37.2-815, if not physically present at the hearing,
shall be available whenever possible for questioning during the hearing through
a two-way electronic video and audio or telephonic communication system as
authorized in § 37.2-804.1. Any employee or designee of the local community
services board or behavioral health authority, as defined in § 37.2-809,
representing the board or authority 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 communication system as authorized in § 37.2-804.1. When the
hearing is held outside the service area of the community services board or
behavioral health authority that prepared the preadmission screening report,
and it is not practicable for a representative of the board or authority to
attend or participate in the hearing, arrangements shall be made by the board
or authority for an employee or designee of the board or authority serving the
area in which the hearing is held to attend or participate on behalf of the
board or authority that prepared the preadmission screening report; or
2. Upon petition by the person having custody over an inmate,
a magistrate finds probable cause to believe that (i) the inmate has a mental
illness; (ii) there exists a substantial likelihood that, as a result of a
mental illness, the inmate will, in the near future, (a) cause serious
physical harm to himself or others as evidenced by recent behavior causing,
attempting, or threatening harm and any other relevant information,
if any; or (b) suffer serious harm due to his lack of capacity to
protect himself from harm or to provide for his basic human needs as evidenced
by recent behavior and any other relevant information; and (iii) the inmate
requires treatment in a hospital rather than a local correctional facility, and
the magistrate issues a temporary detention order for the inmate. Prior to the
filing of the petition, the person having custody shall arrange for an
evaluation of the inmate conducted in-person or by means of a two-way
electronic video and audio communication system as authorized in § 37.2-804.1 by
an employee or designee of the local community services board or behavioral
health authority who is skilled in the assessment and treatment of mental
illness and who has completed a certification program approved by the
Department as provided in § 37.2-809. After considering the evaluation of the
employee or designee of the local community services board or behavioral health
authority, and any other information presented, and finding that probable cause
exists to meet the criteria, the magistrate may issue a temporary detention
order in accordance with the applicable procedures specified in §§ 37.2-809
through 37.2-813. The person having custody over the inmate shall notify the
court having jurisdiction over the inmate's case, if it is still pending, and the
inmate's attorney prior to the detention pursuant to a temporary detention
order or as soon thereafter as is reasonable.
Upon detention pursuant to this subdivision, a hearing shall
be held either (a) before the court having jurisdiction over the inmate's
case or (b) before a district court judge or a special justice, as
defined in § 37.2-100, in accordance with the provisions of §§ 37.2-815 through
37.2-821, in which case the inmate shall be represented by counsel as specified
in § 37.2-814. The hearing shall be held within 48 hours of execution of the
temporary detention order issued pursuant to this subdivision. If the 48-hour
period terminates on a Saturday, Sunday, legal holiday, or day on which the
court is lawfully closed, the inmate may be detained until the close of
business on the next day that is not a Saturday, Sunday, legal holiday, or day
on which the court is lawfully closed. Any employee or designee of the local
community services board or behavioral health authority, as defined in § 37.2-809,
representing the board or authority 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 communication system as authorized in § 37.2-804.1. When the
hearing is held outside the service area of the community services board or
behavioral health authority that prepared the preadmission screening report,
and it is not practicable for a representative of the board or authority to
attend or participate in the hearing, arrangements shall be made by the board
or authority for an employee or designee of the board or authority serving the
area in which the hearing is held to attend or participate on behalf of the
board or authority that prepared the preadmission screening report. The judge
or special justice conducting the hearing may order the inmate hospitalized if,
after considering the examination conducted in accordance with § 37.2-815, the
preadmission screening report prepared in accordance with § 37.2-816, and any
other available information as specified in subsection C of § 37.2-817, he
finds by clear and convincing evidence that (1) the inmate has a mental
illness; (2) there exists a substantial likelihood that, as a result of a
mental illness, the inmate will, in the near future, (a) cause serious
physical harm to himself or others as evidenced by recent behavior causing,
attempting, or threatening harm and any other relevant information,
if any; or (b) suffer serious harm due to his lack of capacity to
protect himself from harm or to provide for his basic human needs as evidenced
by recent behavior and any other relevant information; and (3) the inmate
requires treatment in a hospital rather than a local correctional facility. The
examiner appointed pursuant to § 37.2-815, if not physically present at the
hearing, shall be available whenever possible for questioning during the
hearing through a two-way electronic video and audio or telephonic communication
system as authorized in § 37.2-804.1. The examination and the preadmission
screening report shall be admitted into evidence at the hearing.
B. In no event shall an inmate have the right to make application for voluntary admission as may be otherwise provided in § 37.2-805 or 37.2-814 or be subject to an order for mandatory outpatient treatment as provided in § 37.2-817.
C. If an inmate is hospitalized pursuant to this section and his criminal case is still pending, the court having jurisdiction over the inmate's case may order that the admitting hospital evaluate the inmate's competency to stand trial and his mental state at the time of the offense pursuant to §§ 19.2-169.1 and 19.2-169.5.
D. An inmate may not be hospitalized longer than 30 days under subsection A unless the court which has criminal jurisdiction over him or a district court judge or a special justice, as defined in § 37.2-100, holds a hearing and orders the inmate's continued hospitalization in accordance with the provisions of subdivision A 2. If the inmate's hospitalization is continued under this subsection by a court other than the court which has jurisdiction over his criminal case, the facility at which the inmate is hospitalized shall notify the court with jurisdiction over his criminal case and the inmate's attorney in the criminal case, if the case is still pending.
E. Hospitalization may be extended in accordance with subsection D for periods of 60 days for inmates awaiting trial, but in no event may such hospitalization be continued beyond trial, nor shall such hospitalization act to delay trial, as long as the inmate remains competent to stand trial. Hospitalization may be extended in accordance with subsection D for periods of 180 days for an inmate who has been convicted and not yet sentenced, or for an inmate who has been convicted of a crime and is in the custody of a local correctional facility after sentencing, but in no event may such hospitalization be continued beyond the date upon which his sentence would have expired had he received the maximum sentence for the crime charged. Any inmate who has not completed service of his sentence upon discharge from the hospital shall serve the remainder of his sentence.
F. For any inmate who has been convicted and not yet sentenced, or who has been convicted of a crime and is in the custody of a local correctional facility after sentencing, the time the inmate is confined in a hospital for psychiatric treatment shall be deducted from any term for which he may be sentenced to any penal institution, reformatory or elsewhere.
G. Any health care provider, as defined in § 32.1-127.1:03, or other provider rendering services to an inmate who is the subject of a proceeding under this section, upon request, shall disclose to a magistrate, the court, the inmate's attorney, the inmate's guardian ad litem, the examiner appointed pursuant to § 37.2-815, the community service board or behavioral health authority preparing the preadmission screening pursuant to § 37.2-816, or the sheriff or administrator of the local correctional facility any and all information that is necessary and appropriate to enable each of them to perform his duties under this section. These health care providers and other service providers shall disclose to one another health records and information where necessary to provide care and treatment to the inmate and to monitor that care and treatment. Health records disclosed to a sheriff or administrator of the local correctional facility shall be limited to information necessary to protect the sheriff or administrator of the local correctional facility and his employees, the inmate, or the public from physical injury or to address the health care needs of the inmate. Information disclosed to a law-enforcement officer shall not be used for any other purpose, disclosed to others, or retained.
Any health care provider disclosing records pursuant to this section shall be immune from civil liability for any harm resulting from the disclosure, including any liability under the federal Health Insurance Portability and Accountability Act (42 U.S.C. § 1320d et seq.), as amended, unless the person or provider disclosing such records intended the harm or acted in bad faith.
H. Any order entered where an inmate is the subject of proceedings under this section shall provide for the disclosure of medical records pursuant to subsection G. This subsection shall not preclude any other disclosures as required or permitted by law.
[ 2. That the provisions of this act shall not become effective unless an appropriation of general funds effectuating the purposes of this act is included in a general appropriations act passed by the 2012 Session of the General Assembly, which becomes law. ]