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Developed and maintained by the Division of Legislative Automated Systems.
2021 SPECIAL SESSION I
21102637DBe 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 involuntary admitted pursuant this subsection,
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. 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. 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;
(vii) describe 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; and
(viii) set out the provisions that
the community services board will follow to ensure
the person does not meet the criteria for emergency custody pursuant to §
37.2-808 or temporary detention pursuant to §
37.2-809 at any time during the period of mandatory outpatient treatment.
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 described in
clause (viii) of subsection G of § 37.2-817.
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
or 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. 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.