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2014 SESSION

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HB 574 Mandatory outpatient treatment; acknowledgement of transfer & receipt of order within 5 days.

Introduced by: Joseph R. Yost | all patrons    ...    notes | add to my profiles | history

SUMMARY AS PASSED:

Temporary detention; duration; mandatory outpatient treatment. Extends the period that a person may be held pursuant to a temporary detention order from 48 hours to 72 hours. The bill also provides that the community services board required to monitor a person who is the subject of a mandatory outpatient treatment order shall acknowledge receipt of the order within five business days. If the person's case is transferred to another jurisdiction, the community services board serving that jurisdiction shall acknowledge the transfer and receipt of the order within five business days. This bill is identical to SB 439.

SUMMARY AS PASSED HOUSE:

Mandatory outpatient treatment. Provides that the community services board required to monitor a person who is the subject of a mandatory outpatient treatment order shall acknowledge receipt of the order within five business days. If the person's case is transferred to another jurisdiction, the community services board serving that jurisdiction shall acknowledge the transfer and receipt of the order within five business days.

SUMMARY AS INTRODUCED:

Mandatory outpatient treatment. Specifies that upon motion and prior to the release date of (1) any person who has been the subject of a temporary detention order and voluntarily admitted himself or (2) any involuntarily admitted person, the judge or special justice shall order mandatory outpatient treatment for such person if he finds by clear and convincing evidence that (i) the person has a history of lack of compliance with treatment for mental illness and as a result of such noncompliance, on at least two previous occasions within 36 months preceding the date of the hearing, has been (a) involuntarily admitted pursuant to § 37.2-817 or (b) the subject of a temporary detention order and voluntarily admitted himself in accordance with subsection B of § 37.2-814; (ii) in view of the person's treatment history and current behavior, the person is in need of mandatory outpatient treatment following inpatient treatment in order to prevent a relapse or deterioration that would be likely to result in the person meeting the criteria for involuntary inpatient treatment; (iii) as a result of mental illness, the person is unlikely to voluntarily participate in outpatient treatment unless the court enters an order authorizing discharge to mandatory outpatient treatment following inpatient treatment; (iv) the person has agreed to abide by his discharge plan and has the ability to do so; (v) the ordered treatment will be delivered on an outpatient basis by the community services board or designated provider to the person;  and (vi) the person is likely to benefit from mandatory outpatient treatment. The bill also specifies that a judge or special justice may authorize the treating physician to discharge the person to mandatory outpatient treatment under a discharge plan if the judge or special justice finds the same criteria as above. The bill also authorizes the judge or special justice to consider hearsay and other types of evidence when considering the history of lack of compliance of a patient.