Mandatory outpatient treatment; acknowledgement of transfer & receipt of order within 5 days. (SB439)

Introduced By

Sen. George Barker (D-Alexandria) with support from co-patron Sen. Adam Ebbin (D-Alexandria)


Passed Committee
Passed House
Passed Senate
Signed by Governor
Became Law


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


Bill Has Passed


01/07/2014Prefiled and ordered printed; offered 01/08/14 14101200D
01/07/2014Referred to Committee on Education and Health
01/14/2014Assigned Education sub: Mental Health
01/23/2014Impact statement from DPB (SB439)
01/30/2014Reported from Education and Health (14-Y 0-N) (see vote tally)
01/31/2014Constitutional reading dispensed (40-Y 0-N)
02/03/2014Read second time and engrossed
02/04/2014Read third time and passed Senate (40-Y 0-N)
02/07/2014Placed on Calendar
02/07/2014Read first time
02/07/2014Referred to Committee for Courts of Justice
02/14/2014Assigned Courts sub: Mental Health
02/19/2014Subcommittee recommends reporting (10-Y 0-N)
02/26/2014Subcommittee recommends reporting (9-Y 0-N)
02/28/2014Reported from Courts of Justice with substitute (18-Y 0-N) (see vote tally)
02/28/2014Committee substitute printed 14105112D-H1
03/04/2014Read second time
03/05/2014Read third time
03/05/2014Committee substitute agreed to 14105112D-H1
03/05/2014Engrossed by House - committee substitute SB439H1
03/05/2014Passed House with substitute BLOCK VOTE (100-Y 0-N)
03/05/2014VOTE: BLOCK VOTE PASSAGE (100-Y 0-N) (see vote tally)
03/06/2014House substitute rejected by Senate (2-Y 37-N)
03/06/2014House insisted on substitute
03/06/2014House requested conference committee
03/06/2014Senate acceded to request (37-Y 0-N)
03/06/2014Conferees appointed by Senate
03/06/2014Senators: Barker, Locke, Black
03/06/2014Conferees appointed by House
03/06/2014Delegates: Yost, Bell, R.B., McClellan
03/08/2014Conference substitute printed 14105670D-S1
03/08/2014Conference report agreed to by House (99-Y 0-N)
03/08/2014VOTE: ADOPTION (99-Y 0-N) (see vote tally)
03/08/2014Conference report agreed to by Senate (40-Y 0-N)
03/17/2014Bill text as passed Senate and House (SB439ER)
03/17/2014Signed by President
03/18/2014Signed by Speaker
04/03/2014Impact statement from DPB (SB439ER)
04/03/2014G Approved by Governor-Chapter 538 (effective 7/1/14)
04/03/2014G Acts of Assembly Chapter text (CHAP0538)


This bill was discussed on the floor of the General Assembly. Below is all of the video that we have of that discussion, 2 clips in all, totaling 2 minutes.