Outpatient treatment; allows court to order mandatory treatment following involuntary admission. (HB2257)

Introduced By

Del. Dave Albo (R-Springfield)

Description

Mandatory outpatient treatment following inpatient treatment; voluntary admission. Allows a court to enter an order for mandatory outpatient treatment following involuntary admission, which orders a person who has been involuntarily admitted to mandatory outpatient treatment. The criteria for such an order differ from the criteria used for a mandatory outpatient treatment order entered where the person was not first involuntarily admitted. The criteria for an order for mandatory outpatient treatment following involuntary admission are that the person (i) has mental illness; (ii) no longer needs inpatient hospitalization but requires mandatory outpatient treatment to prevent rapid deterioration of his condition that would likely result in his meeting the criteria for inpatient treatment; (iii) is not likely to obtain outpatient treatment unless the court enters the order; and (iv) is likely to comply with the order. Additionally, services must actually be available in the community and providers of services must have actually agreed to deliver the services. The bill also sets forth how orders for mandatory outpatient treatment following involuntary admission will be enforced, reviewed, continued, and rescinded. The bill also requires that when determining whether a person is capable of consenting to voluntary admission, the judge or special justice shall hear evidence regarding the person's past compliance with treatment and the likelihood that the person will comply with the treatment that would be provided upon his voluntary admission for inpatient treatment. If the judge or special justice finds that the person is incapable of consenting to voluntary admission, the judge or special justice shall proceed with the commitment hearing. Amends § 37.2-814 (“Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner.”), § 37.2-817 (“Involuntary admission and mandatory outpatient treatment orders.”), § 37.2-817.4 (“Continuation of mandatory outpatient treatment order.”), § 37.2-818 (“Commitment hearing for involuntary admission; recordings and records.”), of the Code of Virginia. View Full Text »

Outcome

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