SB106: Involuntary commitment; criteria for determining outpatient treatment.
Be it enacted by the General Assembly of Virginia:
1. That § 37.2-817 of the Code of Virginia is amended and reenacted as follows:
§ 37.2-817. Involuntary admission and 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 his report, orally or in writing, pursuant to § 37.2-815 and after the community services board or behavioral health authority that serves the county or city where the person resides or, if impractical, where the person is located has presented a preadmission screening report, orally or in writing, 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.
B. After observing the person and obtaining the necessary positive certification and considering any other relevant evidence that may have been offered, if the judge or special justice finds by clear and convincing evidence that (i) the person presents an imminent danger to himself or others as a result of mental illness or has been proven to be so seriously mentally ill as to be substantially unable to care for himself and (ii) alternatives to involuntary inpatient treatment have been investigated and deemed unsuitable and there is no less restrictive alternative to involuntary inpatient treatment, 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 180 days from the date of the court order. Such involuntary admission shall be to a facility designated by the community services board or behavioral health authority that serves the city or county in which the person was examined as provided in § 37.2-816. If the community services board or behavioral health authority does not designate a facility at the commitment hearing, the person shall be involuntarily admitted to a facility designated by the Commissioner. The person shall be released at the expiration of 180 days unless he is involuntarily admitted by further petition and order of a court or such person makes application for treatment on a voluntary basis as provided for in § 37.2-805.
C. After observing the person and obtaining the necessary
positive certification and considering any other relevant evidence that may
have been offered, if the judge or special justice finds by clear and
convincing evidence that (i) the person presents an imminent
danger to himself or others as a result of has
a mental illness or has been proven to be so seriously mentally ill
as to be substantially unable to care for himself and,
as
a result of that mental illness, (a) there is a substantial
likelihood that in the near future he will cause serious physical
harm to himself or another person as evidenced by recent
behavior causing, attempting, or threatening harm, (b) there is a substantial
likelihood that in the near future he will suffer serious harm due to
substantial deterioration of his capacity to protect himself from such harm or
to provide for his basic human
needs, or (c) he is unable to comprehend the nature of his illness or the need
for treatment, is experiencing a substantial impairment of his judgment,
reasoning, or behavior, and will, if not treated, suffer or continue to suffer
a substantial deterioration in his previous ability to
function in the community, (ii) less restrictive alternatives to
involuntary inpatient treatment have been investigated and are deemed suitable,
(iii) the person (a) has the degree of competency necessary to understand the
stipulations of his treatment, (b) expresses an interest in living in the
community and agrees to abide by his treatment plan, and (c) is deemed to have
the capacity to comply with the treatment plan, and (iv) the ordered treatment
can be delivered on an outpatient basis and be monitored by the community
services board, behavioral health authority or designated provider, the judge
or special justice shall order outpatient treatment, which 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. The community services board or behavioral health
authority that serves the city or county in which the person resides shall
recommend a specific course of treatment and programs for the provision of
involuntary outpatient treatment. The community services board, behavioral
health authority, or designated provider shall monitor the person's compliance
with the treatment ordered by the court under this section, and the person's
failure to comply with involuntary outpatient treatment as ordered by the court
may be admitted into evidence in subsequent hearings held pursuant to the
provisions of this section. Upon failure of the person to adhere to the terms
of the outpatient treatment order, the judge or special justice may revoke it
and, upon notice to the person and after a commitment hearing, order
involuntary admission to a facility.