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Developed and maintained by the Division of Legislative Automated Systems.
2021 SPECIAL SESSION I
Be it enacted by the General Assembly of Virginia:
1. That §§ 37.2-817, 37.2-817.1, 37.2-817.2, and 37.2-817.4 of the Code of Virginia are amended and reenacted as follows:
§ 37.2-817. Involuntary admission and mandatory outpatient treatment orders.
A. The district court judge or special justice shall render a decision on the petition for involuntary admission after the appointed examiner has presented the report required by § 37.2-815, and after the community services board that serves the county or city where the person resides or, if impractical, where the person is located has presented a preadmission screening report with recommendations for that person's placement, care, and treatment pursuant to § 37.2-816. These reports, if not contested, may constitute sufficient evidence upon which the district court judge or special justice may base his decision. The examiner, if not physically present at the hearing, and the treating physician at the facility of temporary detention 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.
B. Any employee or designee of the local community services board, as defined in § 37.2-809, representing the community services board 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 or telephonic communication system as authorized in § 37.2-804.1. Where a hearing is held outside of the service area of the community services board that prepared the preadmission screening report, and it is not practicable for a representative of the community services board that prepared the preadmission screening report to attend or participate in the hearing, arrangements shall be made by the community services board that prepared the preadmission screening report for an employee or designee of the community services board serving the area in which the hearing is held to attend or participate on behalf of the community services board that prepared the preadmission screening report. The employee or designee of the local community services board, as defined in § 37.2-809, representing the community services board that prepared the preadmission screening report or attending or participating on behalf of the community services board that prepared the preadmission screening report shall not be excluded from the hearing pursuant to an order of sequestration of witnesses. The community services board that prepared the preadmission screening report shall remain responsible for the person subject to the hearing and, prior to the hearing, shall send the preadmission screening report through certified mail, personal delivery, facsimile with return receipt acknowledged, or other electronic means with documented acknowledgment of receipt to the community services board attending the hearing. Where a community services board attends the hearing on behalf of the community services board that prepared the preadmission screening report, the attending community services board shall inform the community services board that prepared the preadmission screening report of the disposition of the matter upon the conclusion of the hearing. In addition, the attending community services board shall transmit the disposition through certified mail, personal delivery, facsimile with return receipt acknowledged, or other electronic means with documented acknowledgment of receipt.
At least 12 hours prior to the hearing, the court shall provide to the community services board that prepared the preadmission screening report the time and location of the hearing. If the representative of the community services board that prepared the preadmission screening report will be present by telephonic means, the court shall provide the telephone number to the community services board. If a representative of a community services board will be attending the hearing on behalf of the community services board that prepared the preadmission screening report, the community services board that prepared the preadmission screening report shall promptly communicate the time and location of the hearing and, if the representative of the community services board attending on behalf of the community services board that prepared the preadmission screening report will be present by telephonic means, the telephone number to the attending community services board.
C. After observing the person and considering (i) the
recommendations of any treating or examining physician or psychologist licensed
in Virginia, if available, (ii) any past actions of the person, (iii) any past
mental health treatment of the person, (iv) any examiner's certification, (v)
any health records available, (vi) the preadmission screening report, and (vii)
any other relevant evidence that may have been admitted, including whether the
person recently has been found unrestorably incompetent to stand trial after a
hearing held pursuant to subsection E of § 19.2-169.1, if the judge or special
justice finds by clear and convincing evidence that (a) the person has a mental
illness and there is a substantial likelihood that, as a result of mental
illness, the person will, in the near future, (1) cause serious physical harm
to himself or others as evidenced by recent behavior causing, attempting, or
threatening harm and other relevant information, if any, or (2) suffer serious
harm due to his lack of capacity to protect himself from harm or to provide for
his basic human needs, and (b) all available less restrictive treatment
alternatives to involuntary inpatient treatment, pursuant to subsection D, that
would offer an opportunity for the improvement of the person's condition have
been investigated and determined to be inappropriate, the judge or special
justice shall by written order and specific findings so certify and order that
the person be admitted involuntarily to a facility for a period of treatment
not to exceed 30 days from the date of the court order. Such involuntary
admission shall be to a facility designated by the community services board
that serves the county or city in which the person was examined as provided in
§ 37.2-816. If the community services board does not designate a facility at
the commitment hearing, the person shall be involuntarily admitted to a
facility designated by the Commissioner. Upon the expiration of an order for
involuntary admission, the person shall be released unless (A) he is
involuntarily admitted by further petition and order of a court, which shall be
for a period not to exceed 180 days from the date of the subsequent court
order, or such person (B) he makes application for treatment on a
voluntary basis as provided for in § 37.2-805, or (C) he is
ordered to mandatory outpatient treatment pursuant to subsection D
following a period of inpatient treatment. Upon motion of At any
time prior to the discharge of a person who has been involuntarily admitted
pursuant to this subsection, the person, the
person's treating physician, a family member or personal representative of
the person, or the community services board serving the county or city where
the facility is located, the county or city where the person resides, or the
county or city where the person receives will receive treatment,
following discharge may file a motion with the court for a hearing shall
be held prior to the release date of any involuntarily admitted person to
determine whether such person should be ordered to mandatory outpatient
treatment pursuant to subsection D following a period of inpatient
treatment pursuant to subsection C1 or D upon his release
discharge if such person, on at least two previous occasions within 36
months preceding the date of the hearing, has been (A) (I)
involuntarily admitted pursuant to this section or (B) (II) the
subject of a temporary detention order and voluntarily admitted himself in
accordance with subsection B of § 37.2-814, except that such 36-month period
shall not include any time during which the person was receiving inpatient
psychiatric treatment or was incarcerated, as established by evidence admitted
at the hearing. A district court judge or special justice shall hold the
hearing within 72 hours after receiving the motion for a hearing to
determine whether the person should be ordered to mandatory outpatient
treatment order following a period of involuntary inpatient treatment;
however, if the 72-hour period expires on a Saturday, Sunday, or legal holiday,
the hearing shall be held by the close of business on the next day that is not
a Saturday, Sunday, or legal holiday. The district court judge or special
justice may enter an order for a period of mandatory outpatient treatment
following a period of involuntary inpatient treatment upon finding that the
person meets the criteria set forth in subsection C1.
C1. In the an order for involuntary admission
pursuant to subsection C, the judge or special justice may authorize the
treating physician to also order that, upon discharge from
inpatient treatment, the person to adhere to a comprehensive
mandatory outpatient treatment under a discharge plan developed pursuant to
subsection C2 plan, if the judge or special justice further finds by
clear and convincing evidence that (i) the person has a history of lack of
compliance with adherence to treatment for mental illness that
has, at least twice within the past 36 months has, resulted
in the person being subject to an order for involuntary admission pursuant to
subsection C or being subject to a temporary detention order and then
voluntarily admitting himself in accordance with subsection B of § 37.2-814,
except that such 36-month period shall not include any time during which the
person was receiving inpatient psychiatric treatment or was incarcerated, as
established by evidence admitted at the hearing; (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
has the ability to adhere to the comprehensive mandatory outpatient
treatment following inpatient treatment plan; and (iv) the person
is likely to benefit from mandatory outpatient treatment. The duration of
the period of inpatient treatment shall be determined by the court and the maximum
period of inpatient treatment shall not exceed 30 days. The duration of
mandatory outpatient treatment shall be determined by the court based on
recommendations of the community services board, but and the maximum
period of mandatory outpatient treatment shall not exceed 90 180
days; in prescribing the terms of the order, including its length, the judge
or special justice shall consider the impact on the person’s opportunities and
obligations, including education and employment. The period of mandatory
outpatient treatment shall begin upon discharge of the person from involuntary
inpatient treatment, either upon expiration of the 30-day period or pursuant to
§ 37.2-837 or 37.2-838. The treating physician and facility staff shall develop
the comprehensive mandatory outpatient treatment plan in conjunction with the
community services board and the person. The comprehensive mandatory outpatient
treatment plan shall include all of the components described in, and shall be
filed with the court and incorporated into, the order for mandatory outpatient
treatment following a period of involuntary inpatient treatment in accordance
with subsection G. The community services board where the person resides upon
discharge shall monitor the person's progress and adherence to the
comprehensive mandatory outpatient treatment plan. Upon expiration of the
order for mandatory outpatient treatment following a period of involuntary
inpatient treatment, the person shall be released unless the order is
continued in accordance with § 37.2-817.4.
C2. Prior to discharging the person to mandatory outpatient
treatment under a discharge plan as authorized pursuant to subsection C1, the
treating physician shall determine, based upon his professional judgment, that
(i) the person (a) in view of the person's treatment history and current
behavior, no longer needs inpatient hospitalization, (b) requires mandatory
outpatient treatment at the time of discharge to prevent relapse or
deterioration of his condition that would likely result in his meeting the
criteria for involuntary inpatient treatment, and (c) has agreed to abide by
his discharge plan and has the ability to do so; and (ii) the ordered treatment
will be delivered on an outpatient basis by the community services board or
designated provider to the person. Prior to discharging a person to mandatory
outpatient treatment under a discharge plan who has not executed an advance
directive, the treating physician or his designee shall give to the person a
written explanation of the procedures for executing an advance directive in
accordance with the Health Care Decisions Act (§ 54.1-2981 et seq.) and an
advance directive form, which may be the form set forth in § 54.1-2984. In no
event shall the treating physician discharge a person to mandatory outpatient
treatment under a discharge plan as authorized pursuant to subsection C1 if the
person meets the criteria for involuntary commitment set forth in subsection C.
The discharge plan developed by the treating physician and facility staff in conjunction
with the community services board and the person shall serve as and shall
contain all the components of the comprehensive mandatory outpatient treatment
plan set forth in subsection G, and no initial mandatory outpatient treatment
plan set forth in subsection F shall be required. The discharge plan shall be
submitted to the court for approval and, upon approval by the court, shall be
filed and incorporated into the order entered pursuant to subsection C1. The
discharge plan shall be provided to the person by the community services board
at the time of the person's discharge from the inpatient facility. The
community services board where the person resides upon discharge shall monitor
the person's compliance with the discharge plan and report any material
noncompliance to the court in accordance with § 37.2-817.1.
D. After observing the person and considering (i) the
recommendations of any treating or examining physician or psychologist licensed
in Virginia, if available, (ii) any past actions of the person, (iii) any past
mental health treatment of the person, (iv) any examiner's certification, (v)
any health records available, (vi) the preadmission screening report, and (vii)
any other relevant evidence that may have been admitted, if the judge or special
justice finds by clear and convincing evidence that (a) the person has a mental
illness and that there exists a substantial likelihood that, as a result of
mental illness, the person will, in the near future, (1) cause serious physical
harm to himself or others as evidenced by recent behavior causing, attempting,
or threatening harm and other relevant information, if any, or (2) suffer
serious harm due to his lack of capacity to protect himself from harm or to
provide for his basic human needs; (b) less restrictive alternatives to
involuntary inpatient treatment that would offer an opportunity for improvement
of his condition have been investigated and are determined to be appropriate,
as reflected in the initial outpatient treatment plan prepared in accordance
with subsection F; (c) the person has agreed to abide by his treatment
plan and has the ability to do so adhere to the mandatory
outpatient treatment plan; and (d) the ordered treatment will be delivered
on an outpatient basis by the community services board or designated provider
to the person, the judge or special justice shall by written order and specific
findings so certify and order that the person be admitted involuntarily to
mandatory outpatient treatment. Less restrictive alternatives shall not be
determined to be appropriate unless the services are actually available in the
community. The duration of mandatory outpatient treatment shall be
determined by the court based on recommendations of the community services
board but shall not exceed 180 days; in prescribing the terms of the order,
including its length, the judge or special justice shall consider the impact on
the person’s opportunities and obligations, including education and employment.
Upon expiration of an order for mandatory outpatient treatment, the person
shall be released from the requirements of the order unless the order is
continued in accordance with § 37.2-817.4.
E. Mandatory outpatient treatment may include day treatment in
a hospital, night treatment in a hospital, outpatient involuntary treatment
with anti-psychotic medication pursuant to Chapter 11 (§ 37.2-1100 et seq.), or
other appropriate course of treatment as may be necessary to meet the needs of
the person. Mandatory outpatient treatment shall not include the use of
restraints or physical force of any kind in the provision of the medication.
The community services board that serves the county or city in which the person
resides shall recommend a specific course of treatment and programs for the
provision of mandatory outpatient treatment. The duration of mandatory
outpatient treatment shall be determined by the court based on recommendations
of the community services board, but shall not exceed 90 days. Upon expiration
of an order for mandatory outpatient treatment, the person shall be released
from the requirements of the order unless the order is continued in accordance
with § 37.2-817.4.
F. Any order for mandatory outpatient treatment entered
pursuant to subsection D shall include an initial mandatory outpatient treatment
plan developed by the community services board that completed the preadmission
screening report. The plan shall, at a minimum, (i) identify the specific
services to be provided, (ii) identify the provider who has agreed to provide
each service, (iii) describe the arrangements made for the initial in-person
appointment or contact with each service provider, and (iv) include any other
relevant information that may be available regarding the mandatory outpatient
treatment ordered. The order shall require the community services board to
monitor the implementation of the mandatory outpatient treatment plan and
report any material noncompliance to the court the person's progress and
adherence to the initial mandatory outpatient treatment plan.
G. No Prior to discharging a person to mandatory
outpatient treatment in accordance with an order for mandatory outpatient
treatment following a period of involuntary inpatient treatment entered
pursuant to subsection C1 or no later than five days, excluding Saturdays,
Sundays, or legal holidays, after an order for mandatory outpatient treatment
has been entered pursuant to subsection D, the community services board where
the person resides that is responsible for monitoring compliance with the
order the person's progress and adherence to the comprehensive mandatory
outpatient treatment plan shall file a comprehensive mandatory outpatient
treatment plan. The comprehensive mandatory outpatient treatment plan shall (i)
identify the specific type, amount, duration, and frequency of each service to
be provided to the person,; (ii) identify the provider that has
agreed to provide each service included in the plan,; (iii)
certify that the services are the most appropriate and least restrictive
treatment available for the person,; (iv) certify that each
provider has complied and continues to comply with applicable provisions of the
Department's licensing regulations,; (v) be developed with the
fullest possible involvement and participation of the person and his family,
with the person's consent, and reflect his preferences to the greatest extent
possible to support his recovery and self-determination, including
incorporating any preexisting crisis plan or advance directive of the person;
(vi) specify the particular conditions with to which the person
shall be required to comply, and adhere; and (vii)
describe (a) how the community services board shall monitor the person's
compliance with progress and adherence to the plan and report any
material noncompliance with the plan (b) any conditions, including
scheduled meetings or continued adherence to medication, necessary for
mandatory outpatient treatment to be appropriate for the person. The
community services board shall submit the comprehensive mandatory outpatient
treatment plan to the court for approval. Upon approval by the court, the
comprehensive mandatory outpatient treatment plan shall be filed with the court
and incorporated into the order of mandatory outpatient treatment entered
pursuant to subsection C1 or D, as appropriate. Any subsequent
substantive modifications to the plan shall be filed with the court for review
and attached to any order for mandatory outpatient treatment. A copy of
the comprehensive mandatory outpatient treatment plan shall be provided to the
person by the community services board upon approval of the comprehensive
mandatory outpatient treatment plan by the court.
H. If the community services board responsible for developing
the a comprehensive mandatory outpatient treatment plan pursuant
to subsection C1 or D determines that the services necessary for the
treatment of the person's mental illness are not available or cannot be
provided to the person in accordance with the order for mandatory outpatient
treatment, it shall notify petition the court within five
business days of the entry of the order for rescission of the
mandatory outpatient treatment order or order for mandatory outpatient
treatment following a period of involuntary inpatient treatment in accordance
with the provisions of § 37.2-817.2. Within two business days of
receiving such notice, the judge or special justice, after notice to the
person, the person's attorney, and the community services board responsible for
developing the comprehensive mandatory outpatient treatment plan shall hold a
hearing pursuant to § 37.2-817.2.
I. Upon entry of any order for mandatory outpatient treatment
following a period of involuntary inpatient treatment pursuant to subsection C1
or mandatory outpatient treatment entered pursuant to subsection D, the
clerk of the court shall provide a copy of the order to the person who is the
subject of the order, to his attorney, and to the community services board
required to monitor compliance with the person's progress and
adherence to the comprehensive mandatory outpatient treatment plan.
The community services board shall acknowledge receipt of the order to the
clerk of the court on a form established by the Office of the Executive
Secretary of the Supreme Court and provided by the court for this purpose
within five business days.
J. The court may transfer jurisdiction of the case to the
district court where the person resides at any time after the entry of the
mandatory outpatient treatment order. The community services board responsible
for monitoring compliance with the person's progress and adherence to
the comprehensive mandatory outpatient treatment plan or discharge
plan shall remain responsible for monitoring the person's compliance
with progress and adherence to the plan until the community services
board serving the locality to which jurisdiction of the case has been
transferred acknowledges the transfer and receipt of the order to the clerk of
the court on a form established by the Office of the Executive Secretary of the
Supreme Court and provided by the court for this purpose. The community
services board serving the locality to which jurisdiction of the case has been
transferred shall acknowledge the transfer and receipt of the order within five
business days.
K. Any order entered pursuant to this section shall provide for the disclosure of medical records pursuant to § 37.2-804.2. This subsection shall not preclude any other disclosures as required or permitted by law.
§ 37.2-817.1. Monitoring mandatory outpatient treatment.
A. As used in this section, "material nonadherence" means deviation from a comprehensive mandatory outpatient treatment plan by a person who is subject to an order for mandatory outpatient treatment following a period of involuntary inpatient treatment pursuant to subsection C1 of § 37.2-817 or an order for mandatory outpatient treatment pursuant to subsection D of § 37.2-817 that it is likely to lead to the person's relapse or deterioration and for which the person cannot provide a reasonable explanation.
B. The community services board where the person
resides shall monitor the person's compliance with progress and
adherence to the comprehensive mandatory outpatient treatment plan
or discharge plan ordered by the court pursuant to prepared in
accordance with § 37.2-817. Monitoring compliance Such monitoring
shall include (i) contacting or making documented efforts to contact the
person regarding the comprehensive mandatory outpatient treatment plan and any
support necessary for the person to adhere to the comprehensive mandatory
outpatient treatment plan, (ii) contacting the service providers to
determine if the person is complying with adhering to the
comprehensive mandatory outpatient treatment order or order authorizing
discharge to mandatory outpatient treatment following inpatient treatment
plan and (ii) notifying the court of the person's material noncompliance
with the mandatory outpatient treatment order, in the event of material
nonadherence, if the person fails or refuses to cooperate with efforts of the
community services board or providers of services identified in the
comprehensive mandatory outpatient treatment plan to address the factors
leading to the person's material nonadherence, petitioning for a review hearing
pursuant to § 37.2-817.2. Providers of services Service providers
identified in the comprehensive mandatory outpatient treatment plan
shall report any material noncompliance nonadherence and any material
changes in the person's condition to the community services board. Any
finding of material nonadherence shall be based upon a totality of the
circumstances.
B. If the community services board determines that the
person materially failed to comply with the order, it shall petition the court
for a review of the mandatory outpatient treatment order or order authorizing
discharge to mandatory outpatient treatment following inpatient treatment as
provided in § 37.2-817.2. The community services board shall petition the court
for a review of the mandatory outpatient treatment order or order authorizing
discharge to mandatory outpatient treatment following inpatient treatment
within three days of making that determination, or within 24 hours if the
person is being detained under a temporary detention order, and shall recommend
an appropriate disposition. Copies of the petition shall be sent to the person
and the person's attorney.
C. The community services board responsible for monitoring
the person's progress and adherence to the comprehensive mandatory outpatient
treatment plan shall report monthly, in writing, to the court regarding the
person's and the community services board's compliance with the provisions of
the comprehensive mandatory outpatient treatment plan. If the community
services board determines that the deterioration of the condition or
behavior of a person is not materially complying with the who is
subject to an order for mandatory outpatient treatment following a period of
involuntary inpatient treatment pursuant to subsection C1 of § 37.2-817 or a
mandatory outpatient treatment order or order authorizing discharge to
mandatory outpatient treatment following inpatient treatment or for any other
reason, and pursuant to subsection D of § 37.2-817 is such that
there is a substantial likelihood that, as a result of the person's mental
illness that, the person will, in the near future, (i) cause
serious physical harm to himself or others as evidenced by recent behavior
causing, attempting, or threatening harm and other relevant information,
if any, or (ii) suffer serious harm due to his lack of capacity to protect
himself from harm or to provide for his basic human needs, it shall immediately
request that the magistrate issue an emergency custody order pursuant to §
37.2-808 or a temporary detention order pursuant to § 37.2-809. Entry of an
emergency custody order, temporary detention order, or involuntary inpatient
treatment order shall suspend but not rescind an existing order for mandatory
outpatient treatment following a period of involuntary inpatient treatment
pursuant to subsection C1 of § 37.2-817 or a mandatory outpatient treatment
order pursuant to subsection D of § 37.2-817.
§ 37.2-817.2. Court review of mandatory outpatient treatment
plan plan.
A. The district court judge or special justice shall hold a
hearing within five days after receiving the petition for review of the
comprehensive mandatory outpatient treatment plan or discharge plan;
however, if the fifth day is a Saturday, Sunday, legal holiday, or day on which
the court is lawfully closed, the hearing shall be held by 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. If the person is being detained under
a temporary detention order, the hearing shall be scheduled within the same
time frame provided for a commitment hearing under § 37.2-814. The clerk
shall provide notice of the hearing to the person, the community services
board, all treatment providers listed in the comprehensive mandatory outpatient
treatment order or discharge plan, and the original petitioner for the person's
involuntary treatment. If the person is not represented by counsel, the court
shall appoint an attorney to represent the person in this hearing and any
subsequent hearings hearing under §§ 37.2-817.3 and
this section or § 37.2-817.4, giving consideration to appointing the
attorney who represented the person at the proceeding that resulted in the
issuance of the mandatory outpatient treatment order or order authorizing
discharge to for mandatory outpatient treatment following a
period of involuntary inpatient treatment. The same judge or special
justice that presided over the hearing resulting in the mandatory outpatient
treatment order or order authorizing discharge to for mandatory
outpatient treatment following a period of involuntary inpatient
treatment need not preside at the noncompliance nonadherence hearing
or any subsequent hearings. The community services board shall offer to arrange
the person's transportation to the hearing if the person is not detained and
has no other source of transportation.
Any of the following may petition the court for a hearing pursuant to this subsection: (i) the person who is subject to the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment; (ii) the community services board responsible for monitoring the person's progress and adherence to the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment; (iii) a treatment provider designated in the comprehensive mandatory outpatient treatment plan; (iv) the person who originally filed the petition that resulted in the entry of the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment; (v) any health care agent designated in the advance directive of the person who is the subject of the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment; or (vi) if the person who is the subject of the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment has been determined to be incapable of making an informed decision, the person's guardian or other person authorized to make health care decisions for the person pursuant to § 54.1-2986.
A petition filed pursuant to this subsection may request that the court do any of the following:
1. Enforce a mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment and require the person who is the subject of the order to adhere to the comprehensive mandatory outpatient treatment plan, in the case of material nonadherence, as defined in § 37.2-817.1;
2. Modify a mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment or a comprehensive mandatory outpatient treatment plan due to a change in circumstances, including changes in the condition, behavior, living arrangement, or access to services of the person who is the subject to the order; or
3. Rescind a mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment.
A person who is the subject of a mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment shall not (i) file a petition for rescission of a mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment unless at least 30 days have elapsed from the date on which the order was entered or (ii) file a petition for rescission of a mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment more than one time during any 90-day period.
B. If requested by the person, the community services
board, a treatment provider listed in the comprehensive mandatory outpatient
treatment plan or discharge plan, or the original petitioner for the person's
involuntary treatment in a petition filed pursuant to subsection A or on
the court's own motion, the court shall may appoint an examiner
in accordance with § 37.2-815 who shall personally examine the person on or
before the date of the review, as directed by the court, and certify to the
court whether or not he has probable cause to believe that the person meets the
criteria for involuntary inpatient admission or mandatory outpatient
treatment as specified in subsections C, subsection C1, C2,
and or D of § 37.2-817, as may be applicable. The examination
shall include all applicable requirements of § 37.2-815. The certification of
the examiner may be admitted into evidence without the appearance of the
examiner at the hearing if not objected to by the person or his attorney. If
the person is not detained in an incarcerated or receiving treatment
in an inpatient facility, the community services board shall arrange for
the person to be examined at a convenient location and time. The community
services board shall offer to arrange for the person's transportation to the
examination, if the person has no other source of transportation and resides
within the service area or an adjacent service area of the community services
board. If the person refuses or fails to appear, the community services board
shall notify the court, or a magistrate if the court is not available, and the
court or magistrate shall issue a mandatory examination order and capias
directing the primary law-enforcement agency in the jurisdiction where the
person resides to transport the person to the examination. The person shall
remain in custody until a temporary detention order is issued or until the
person is released, but in no event shall the period exceed eight hours.
C. If the person fails to appear for the hearing, the court
shall may, after consideration of any evidence from the person,
from the community services board, or from any treatment provider identified in
the mandatory outpatient treatment plan or discharge plan regarding why the
person failed to appear at the hearing, either (i) dismiss the
petition, (ii) issue an emergency custody order pursuant to § 37.2-808, or
(iii) reschedule the hearing pursuant to subsection A, (ii) issue an
emergency custody order pursuant to § 37.2-808, or (iii) issue a temporary
detention order pursuant to § 37.2-809 and issue a subpoena for the
person's appearance at the hearing and enter an order for mandatory
examination, to be conducted prior to the hearing and in accordance with
subsection B.
D. After hearing the evidence regarding the person's
material noncompliance with the mandatory outpatient treatment order or order
authorizing discharge to mandatory outpatient treatment following inpatient
treatment and the person's current condition, and any other relevant
information referenced in subsection C of § 37.2-817 observing the
person and considering (i) the recommendations of any treating or examining
physician or psychologist licensed to practice in the Commonwealth, if
available; (ii) the person's adherence to the comprehensive mandatory
outpatient treatment plan; (iii) any past mental health treatment of the
person; (iv) any examiner's certification; (v) any health records available;
(vi) any report from the community services board; and (vii) any other relevant
evidence that may have been admitted at the hearing, the judge or special
justice shall make one of the following dispositions:
1. Upon finding by clear and convincing evidence that the
person meets the criteria for involuntary admission and treatment specified in
subsection C of § 37.2-817, the judge or special justice shall order the
person's involuntary admission to a facility designated by the community
services board for a period of treatment not to exceed 30 days;
2. Upon In a hearing on any petition seeking
enforcement of a mandatory outpatient treatment order, upon finding that
the person continues to meet the criteria for mandatory outpatient treatment
specified in subsection C1, C2, or D of § 37.2-817, and that a continued period
of continuing mandatory outpatient treatment appears is
warranted, the judge or special justice shall renew the order for mandatory
outpatient treatment, making any necessary the court shall direct the
person to fully comply with the mandatory outpatient treatment order or order
for mandatory outpatient treatment following a period of involuntary inpatient
treatment and may make any modifications to such order or the
comprehensive mandatory outpatient treatment plan that are acceptable to
the community services board or treatment provider responsible for the person's
treatment. In determining the appropriateness of the outpatient treatment
specified in such order and the comprehensive mandatory outpatient treatment
plan, the court may consider the person's material noncompliance with
nonadherence to the previous existing mandatory treatment
order; or.
2. In a hearing on any petition seeking modification of a mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment, upon a finding that (i) one or more modifications of the order would benefit the person and help prevent relapse or deterioration of the person's condition, (ii) the community services board and the treatment provider responsible for the person's treatment are able to provide services consistent with such modification, and (iii) the person is able to adhere to the modified comprehensive mandatory outpatient treatment plan, the court may order such modification of the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment or the comprehensive mandatory outpatient treatment plan as the court finds appropriate.
3. Upon finding that neither of the above dispositions is appropriate,
the judge or special justice shall rescind the order for mandatory outpatient
treatment or order authorizing discharge to mandatory outpatient treatment
following inpatient treatment. In a hearing on any petition filed to
enforce, modify, or rescind a mandatory outpatient treatment order, upon
finding that mandatory outpatient treatment is no longer appropriate, the court
may rescind the order.
Upon entry of an order for involuntary inpatient admission,
transportation shall be provided in accordance with § 37.2-829.
E. The judge or special justice may schedule periodic status hearings for the purpose of obtaining information regarding the person's progress while the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment remains in effect. The clerk shall provide notice of the hearing to the person who is the subject of the order and the community services board responsible for monitoring the person's condition and adherence to the plan. The person shall have the right to be represented by counsel at the hearing, and if the person does not have counsel the court shall appoint an attorney to represent the person. However, status hearings may be held without counsel present by mutual consent of the parties. The community services board shall offer to arrange the person's transportation to the hearing if the person is not detained and has no other source of transportation. During a status hearing, the treatment plan may be amended upon mutual agreement of the parties. Contested matters shall not be decided during a status hearing, nor shall any decision regarding enforcement, rescission, or renewal of the order be entered.
§ 37.2-817.4. Continuation of mandatory outpatient treatment order.
A. At any time within 30 days prior to the expiration of a
mandatory outpatient treatment order or order authorizing discharge to
for mandatory outpatient treatment following a period of involuntary
inpatient treatment, the community services board that is required to
monitor the person's compliance with the order, the treating physician, or
other responsible person any person or entity that may file a petition
for review of a mandatory outpatient treatment order or order for mandatory outpatient
treatment following a period of involuntary inpatient treatment pursuant to
subsection A of § 37.2-817.2 may petition the court to continue the order
for a period not to exceed 180 days.
B. If the person who is the subject of the order and the monitoring community services board, if it did not initiate the petition, join the petition, the court shall grant the petition and enter an appropriate order without further hearing. If either the person or the monitoring community services board does not join the petition, the court shall schedule a hearing and provide notice of the hearing in accordance with subsection A of § 37.2-817.2.
C. Upon receipt of the a contested petition
for continuation, the court shall appoint an examiner who shall personally
examine the person pursuant to subsection B of § 37.2-815 37.2-817.2.
The community services board required to monitor the person's compliance
with adherence to the mandatory outpatient treatment order or order
authorizing discharge to for mandatory outpatient treatment
following a period of involuntary inpatient treatment shall provide a
preadmission screening report as required in § 37.2-816
addressing whether the person continues to meet the criteria for being subject
to a mandatory outpatient treatment order pursuant to subsection D of §
37.2-817 or order for mandatory outpatient treatment following a period of
involuntary inpatient treatment pursuant to subsection C1 of § 37.2-817, as may
be appropriate.
D. If, after observing the person, reviewing the preadmission
screening report of the community services board provided pursuant to
subsection C and considering the appointed examiner's certification and any
other relevant evidence, including any relevant evidence referenced in
subsection D of § 37.2-817, the court shall make one of the dispositions
specified in subsection D of § 37.2-817.2. If the court finds that a continued
period of mandatory outpatient treatment is warranted submitted at the
hearing, the court finds that the person continues to meet the criteria for
mandatory outpatient treatment pursuant to subsection C1 or D of § 37.2-817,
it may continue the order for a period not to exceed 180 days; in
prescribing the terms of the order, including its length, the judge or special
justice shall consider the impact on the person’s opportunities and
obligations, including education and employment. Any order of mandatory
outpatient treatment that is in effect at the time a petition for continuation
of the order is filed shall remain in effect until the disposition of the
hearing.
2. That § 37.2-817.3 of the Code of Virginia is repealed.
3. That the provisions of this act shall become effective on July 1, 2022.