§ 37.2-809. Involuntary temporary detention; issuance and execution of order.
A. For the purposes of this section:
"Designee of the local community services board" means an examinerdesignated by the local community services board who (i) is skilled in theassessment and treatment of mental illness, (ii) has completed acertification program approved by the Department, (iii) is able to provide anindependent examination of the person, (iv) is not related by blood ormarriage to the person being evaluated, (v) has no financial interest in theadmission or treatment of the person being evaluated, (vi) has no investmentinterest in the facility detaining or admitting the person under thisarticle, and (vii) except for employees of state hospitals and of the U.S.Department of Veterans Affairs, is not employed by the facility.
"Employee" means an employee of the local community services board who isskilled in the assessment and treatment of mental illness and has completed acertification program approved by the Department.
"Investment interest" means the ownership or holding of an equity or debtsecurity, including shares of stock in a corporation, interests or units of apartnership, bonds, debentures, notes, or other equity or debt instruments.
B. A magistrate shall issue, upon the sworn petition of any responsibleperson, treating physician, or upon his own motion and only after anevaluation conducted in-person or by means of a two-way electronic video andaudio communication system as authorized in § 37.2-804.1 by an employee or adesignee of the local community services board to determine whether theperson meets the criteria for temporary detention, a temporary detentionorder if it appears from all evidence readily available, including anyrecommendation from a physician or clinical psychologist treating the person,that the person (i) has a mental illness and that there exists a substantiallikelihood that, as a result of mental illness, the person will, in the nearfuture, (a) cause serious physical harm to himself or others as evidenced byrecent behavior causing, attempting, or threatening harm and other relevantinformation, if any, or (b) suffer serious harm due to his lack of capacityto protect himself from harm or to provide for his basic human needs, (ii) isin need of hospitalization or treatment, and (iii) is unwilling to volunteeror incapable of volunteering for hospitalization or treatment. The magistrateshall also consider the recommendations of any treating or examiningphysician licensed in Virginia if available either verbally or in writingprior to rendering a decision. Any temporary detention order entered pursuantto this section shall provide for the disclosure of medical records pursuantto § 37.2-804.2. This subsection shall not preclude any other disclosures asrequired or permitted by law.
C. When considering whether there is probable cause to issue a temporarydetention order, the magistrate may, in addition to the petition, consider(i) the recommendations of any treating or examining physician orpsychologist licensed in Virginia, if available, (ii) any past actions of theperson, (iii) any past mental health treatment of the person, (iv) anyrelevant hearsay evidence, (v) any medical records available, (vi) anyaffidavits submitted, if the witness is unavailable and it so states in theaffidavit, and (vii) any other information available that the magistrateconsiders relevant to the determination of whether probable cause exists toissue a temporary detention order.
D. A magistrate may issue a temporary detention order without an emergencycustody order proceeding. A magistrate may issue a temporary detention orderwithout a prior evaluation pursuant to subsection B if (i) the person hasbeen personally examined within the previous 72 hours by an employee or adesignee of the local community services board or (ii) there is a significantphysical, psychological, or medical risk to the person or to othersassociated with conducting such evaluation.
E. An employee or a designee of the local community services board shalldetermine the facility of temporary detention for all individuals detainedpursuant to this section. The facility of temporary detention shall be onethat has been approved pursuant to regulations of the Board. The facilityshall be identified on the preadmission screening report and indicated on thetemporary detention order. Except as provided in § 37.2-811 for inmatesrequiring hospitalization in accordance with subdivision A 2 of § 19.2-169.6,the person shall not be detained in a jail or other place of confinement forpersons charged with criminal offenses and shall remain in the custody of lawenforcement until the person is either detained within a secure facility orcustody has been accepted by the appropriate personnel designated by thefacility identified in the temporary detention order.
F. Any facility caring for a person placed with it pursuant to a temporarydetention order is authorized to provide emergency medical and psychiatricservices within its capabilities when the facility determines that theservices are in the best interests of the person within its care. The costsincurred as a result of the hearings and by the facility in providingservices during the period of temporary detention shall be paid and recoveredpursuant to § 37.2-804. The maximum costs reimbursable by the Commonwealthpursuant to this section shall be established by the State Board of MedicalAssistance Services based on reasonable criteria. The State Board of MedicalAssistance Services shall, by regulation, establish a reasonable rate per dayof inpatient care for temporary detention.
G. The employee or the designee of the local community services board who isconducting the evaluation pursuant to this section shall determine, prior tothe issuance of the temporary detention order, the insurance status of theperson. Where coverage by a third party payor exists, the facility seekingreimbursement under this section shall first seek reimbursement from thethird party payor. The Commonwealth shall reimburse the facility only for thebalance of costs remaining after the allowances covered by the third partypayor have been received.
H. The duration of temporary detention shall be sufficient to allow forcompletion of the examination required by § 37.2-815, preparation of thepreadmission screening report required by § 37.2-816, and initiation ofmental health treatment to stabilize the person's psychiatric condition toavoid involuntary commitment where possible, but shall not exceed 48 hoursprior to a hearing. If the 48-hour period herein specified terminates on aSaturday, Sunday, or legal holiday, the person may be detained, as hereinprovided, until the close of business on the next day that is not a Saturday,Sunday, or legal holiday. The person may be released, pursuant to § 37.2-813,before the 48-hour period herein specified has run.
I. If a temporary detention order is not executed within 24 hours of itsissuance, or within a shorter period as is specified in the order, the ordershall be void and shall be returned unexecuted to the office of the clerk ofthe issuing court or, if the office is not open, to any magistrate servingthe jurisdiction of the issuing court. Subsequent orders may be issued uponthe original petition within 96 hours after the petition is filed. However, amagistrate must again obtain the advice of an employee or a designee of thelocal community services board prior to issuing a subsequent order upon theoriginal petition. Any petition for which no temporary detention order orother process in connection therewith is served on the subject of thepetition within 96 hours after the petition is filed shall be void and shallbe returned to the office of the clerk of the issuing court.
J. The chief judge of each general district court shall establish and requirethat a magistrate, as provided by this section, be available seven days aweek, 24 hours a day, for the purpose of performing the duties established bythis section. Each community services board shall provide to each generaldistrict court and magistrate's office within its service area a list of itsemployees and designees who are available to perform the evaluations requiredherein.
K. For purposes of this section a healthcare provider or designee of a localcommunity services board or behavioral health authority shall not be requiredto encrypt any email containing information or medical records provided to amagistrate unless there is reason to believe that a third party will attemptto intercept the email.
L. The employee or designee of the community services board who is conductingthe evaluation pursuant to this section shall, if he recommends that theperson should not be subject to a temporary detention order, inform thepetitioner and an on-site treating physician of his recommendation.
(1974, c. 351, § 37.1-67.1; 1975, cc. 237, 433; 1976, c. 671, § 37.1-67.4;1980, c. 582; 1981, cc. 233, 463; 1982, c. 435; 1986, cc. 134, 478, 629;1987, c. 96; 1988, c. 98; 1989, c. 716; 1990, cc. 429, 728; 1991, c. 159;1992, c. 566; 1995, c. 844; 1996, cc. 343, 893; 1998, cc. 37, 594, 611; 2004,c. 737; 2005, c. 716; 2007, c. 526; 2008, cc. 331, 551, 691, 728, 779, 782,793, 828, 850, 870; 2009, cc. 455, 555; 2010, cc. 340, 406, 778, 825.)
§ 37.2-809. Involuntary temporary detention; issuance and execution of order.
A. For the purposes of this section:
"Designee of the local community services board" means an examinerdesignated by the local community services board who (i) is skilled in theassessment and treatment of mental illness, (ii) has completed acertification program approved by the Department, (iii) is able to provide anindependent examination of the person, (iv) is not related by blood ormarriage to the person being evaluated, (v) has no financial interest in theadmission or treatment of the person being evaluated, (vi) has no investmentinterest in the facility detaining or admitting the person under thisarticle, and (vii) except for employees of state hospitals and of the U.S.Department of Veterans Affairs, is not employed by the facility.
"Employee" means an employee of the local community services board who isskilled in the assessment and treatment of mental illness and has completed acertification program approved by the Department.
"Investment interest" means the ownership or holding of an equity or debtsecurity, including shares of stock in a corporation, interests or units of apartnership, bonds, debentures, notes, or other equity or debt instruments.
B. A magistrate shall issue, upon the sworn petition of any responsibleperson, treating physician, or upon his own motion and only after anevaluation conducted in-person or by means of a two-way electronic video andaudio communication system as authorized in § 37.2-804.1 by an employee or adesignee of the local community services board to determine whether theperson meets the criteria for temporary detention, a temporary detentionorder if it appears from all evidence readily available, including anyrecommendation from a physician or clinical psychologist treating the person,that the person (i) has a mental illness and that there exists a substantiallikelihood that, as a result of mental illness, the person will, in the nearfuture, (a) cause serious physical harm to himself or others as evidenced byrecent behavior causing, attempting, or threatening harm and other relevantinformation, if any, or (b) suffer serious harm due to his lack of capacityto protect himself from harm or to provide for his basic human needs, (ii) isin need of hospitalization or treatment, and (iii) is unwilling to volunteeror incapable of volunteering for hospitalization or treatment. The magistrateshall also consider the recommendations of any treating or examiningphysician licensed in Virginia if available either verbally or in writingprior to rendering a decision. Any temporary detention order entered pursuantto this section shall provide for the disclosure of medical records pursuantto § 37.2-804.2. This subsection shall not preclude any other disclosures asrequired or permitted by law.
C. When considering whether there is probable cause to issue a temporarydetention order, the magistrate may, in addition to the petition, consider(i) the recommendations of any treating or examining physician orpsychologist licensed in Virginia, if available, (ii) any past actions of theperson, (iii) any past mental health treatment of the person, (iv) anyrelevant hearsay evidence, (v) any medical records available, (vi) anyaffidavits submitted, if the witness is unavailable and it so states in theaffidavit, and (vii) any other information available that the magistrateconsiders relevant to the determination of whether probable cause exists toissue a temporary detention order.
D. A magistrate may issue a temporary detention order without an emergencycustody order proceeding. A magistrate may issue a temporary detention orderwithout a prior evaluation pursuant to subsection B if (i) the person hasbeen personally examined within the previous 72 hours by an employee or adesignee of the local community services board or (ii) there is a significantphysical, psychological, or medical risk to the person or to othersassociated with conducting such evaluation.
E. An employee or a designee of the local community services board shalldetermine the facility of temporary detention for all individuals detainedpursuant to this section. The facility of temporary detention shall be onethat has been approved pursuant to regulations of the Board. The facilityshall be identified on the preadmission screening report and indicated on thetemporary detention order. Except as provided in § 37.2-811 for inmatesrequiring hospitalization in accordance with subdivision A 2 of § 19.2-169.6,the person shall not be detained in a jail or other place of confinement forpersons charged with criminal offenses and shall remain in the custody of lawenforcement until the person is either detained within a secure facility orcustody has been accepted by the appropriate personnel designated by thefacility identified in the temporary detention order.
F. Any facility caring for a person placed with it pursuant to a temporarydetention order is authorized to provide emergency medical and psychiatricservices within its capabilities when the facility determines that theservices are in the best interests of the person within its care. The costsincurred as a result of the hearings and by the facility in providingservices during the period of temporary detention shall be paid and recoveredpursuant to § 37.2-804. The maximum costs reimbursable by the Commonwealthpursuant to this section shall be established by the State Board of MedicalAssistance Services based on reasonable criteria. The State Board of MedicalAssistance Services shall, by regulation, establish a reasonable rate per dayof inpatient care for temporary detention.
G. The employee or the designee of the local community services board who isconducting the evaluation pursuant to this section shall determine, prior tothe issuance of the temporary detention order, the insurance status of theperson. Where coverage by a third party payor exists, the facility seekingreimbursement under this section shall first seek reimbursement from thethird party payor. The Commonwealth shall reimburse the facility only for thebalance of costs remaining after the allowances covered by the third partypayor have been received.
H. The duration of temporary detention shall be sufficient to allow forcompletion of the examination required by § 37.2-815, preparation of thepreadmission screening report required by § 37.2-816, and initiation ofmental health treatment to stabilize the person's psychiatric condition toavoid involuntary commitment where possible, but shall not exceed 48 hoursprior to a hearing. If the 48-hour period herein specified terminates on aSaturday, Sunday, or legal holiday, the person may be detained, as hereinprovided, until the close of business on the next day that is not a Saturday,Sunday, or legal holiday. The person may be released, pursuant to § 37.2-813,before the 48-hour period herein specified has run.
I. If a temporary detention order is not executed within 24 hours of itsissuance, or within a shorter period as is specified in the order, the ordershall be void and shall be returned unexecuted to the office of the clerk ofthe issuing court or, if the office is not open, to any magistrate servingthe jurisdiction of the issuing court. Subsequent orders may be issued uponthe original petition within 96 hours after the petition is filed. However, amagistrate must again obtain the advice of an employee or a designee of thelocal community services board prior to issuing a subsequent order upon theoriginal petition. Any petition for which no temporary detention order orother process in connection therewith is served on the subject of thepetition within 96 hours after the petition is filed shall be void and shallbe returned to the office of the clerk of the issuing court.
J. The chief judge of each general district court shall establish and requirethat a magistrate, as provided by this section, be available seven days aweek, 24 hours a day, for the purpose of performing the duties established bythis section. Each community services board shall provide to each generaldistrict court and magistrate's office within its service area a list of itsemployees and designees who are available to perform the evaluations requiredherein.
K. For purposes of this section a healthcare provider or designee of a localcommunity services board or behavioral health authority shall not be requiredto encrypt any email containing information or medical records provided to amagistrate unless there is reason to believe that a third party will attemptto intercept the email.
L. The employee or designee of the community services board who is conductingthe evaluation pursuant to this section shall, if he recommends that theperson should not be subject to a temporary detention order, inform thepetitioner and an on-site treating physician of his recommendation.
(1974, c. 351, § 37.1-67.1; 1975, cc. 237, 433; 1976, c. 671, § 37.1-67.4;1980, c. 582; 1981, cc. 233, 463; 1982, c. 435; 1986, cc. 134, 478, 629;1987, c. 96; 1988, c. 98; 1989, c. 716; 1990, cc. 429, 728; 1991, c. 159;1992, c. 566; 1995, c. 844; 1996, cc. 343, 893; 1998, cc. 37, 594, 611; 2004,c. 737; 2005, c. 716; 2007, c. 526; 2008, cc. 331, 551, 691, 728, 779, 782,793, 828, 850, 870; 2009, cc. 455, 555; 2010, cc. 340, 406, 778, 825.)
§ 37.2-809. Involuntary temporary detention; issuance and execution of order.
A. For the purposes of this section:
"Designee of the local community services board" means an examinerdesignated by the local community services board who (i) is skilled in theassessment and treatment of mental illness, (ii) has completed acertification program approved by the Department, (iii) is able to provide anindependent examination of the person, (iv) is not related by blood ormarriage to the person being evaluated, (v) has no financial interest in theadmission or treatment of the person being evaluated, (vi) has no investmentinterest in the facility detaining or admitting the person under thisarticle, and (vii) except for employees of state hospitals and of the U.S.Department of Veterans Affairs, is not employed by the facility.
"Employee" means an employee of the local community services board who isskilled in the assessment and treatment of mental illness and has completed acertification program approved by the Department.
"Investment interest" means the ownership or holding of an equity or debtsecurity, including shares of stock in a corporation, interests or units of apartnership, bonds, debentures, notes, or other equity or debt instruments.
B. A magistrate shall issue, upon the sworn petition of any responsibleperson, treating physician, or upon his own motion and only after anevaluation conducted in-person or by means of a two-way electronic video andaudio communication system as authorized in § 37.2-804.1 by an employee or adesignee of the local community services board to determine whether theperson meets the criteria for temporary detention, a temporary detentionorder if it appears from all evidence readily available, including anyrecommendation from a physician or clinical psychologist treating the person,that the person (i) has a mental illness and that there exists a substantiallikelihood that, as a result of mental illness, the person will, in the nearfuture, (a) cause serious physical harm to himself or others as evidenced byrecent behavior causing, attempting, or threatening harm and other relevantinformation, if any, or (b) suffer serious harm due to his lack of capacityto protect himself from harm or to provide for his basic human needs, (ii) isin need of hospitalization or treatment, and (iii) is unwilling to volunteeror incapable of volunteering for hospitalization or treatment. The magistrateshall also consider the recommendations of any treating or examiningphysician licensed in Virginia if available either verbally or in writingprior to rendering a decision. Any temporary detention order entered pursuantto this section shall provide for the disclosure of medical records pursuantto § 37.2-804.2. This subsection shall not preclude any other disclosures asrequired or permitted by law.
C. When considering whether there is probable cause to issue a temporarydetention order, the magistrate may, in addition to the petition, consider(i) the recommendations of any treating or examining physician orpsychologist licensed in Virginia, if available, (ii) any past actions of theperson, (iii) any past mental health treatment of the person, (iv) anyrelevant hearsay evidence, (v) any medical records available, (vi) anyaffidavits submitted, if the witness is unavailable and it so states in theaffidavit, and (vii) any other information available that the magistrateconsiders relevant to the determination of whether probable cause exists toissue a temporary detention order.
D. A magistrate may issue a temporary detention order without an emergencycustody order proceeding. A magistrate may issue a temporary detention orderwithout a prior evaluation pursuant to subsection B if (i) the person hasbeen personally examined within the previous 72 hours by an employee or adesignee of the local community services board or (ii) there is a significantphysical, psychological, or medical risk to the person or to othersassociated with conducting such evaluation.
E. An employee or a designee of the local community services board shalldetermine the facility of temporary detention for all individuals detainedpursuant to this section. The facility of temporary detention shall be onethat has been approved pursuant to regulations of the Board. The facilityshall be identified on the preadmission screening report and indicated on thetemporary detention order. Except as provided in § 37.2-811 for inmatesrequiring hospitalization in accordance with subdivision A 2 of § 19.2-169.6,the person shall not be detained in a jail or other place of confinement forpersons charged with criminal offenses and shall remain in the custody of lawenforcement until the person is either detained within a secure facility orcustody has been accepted by the appropriate personnel designated by thefacility identified in the temporary detention order.
F. Any facility caring for a person placed with it pursuant to a temporarydetention order is authorized to provide emergency medical and psychiatricservices within its capabilities when the facility determines that theservices are in the best interests of the person within its care. The costsincurred as a result of the hearings and by the facility in providingservices during the period of temporary detention shall be paid and recoveredpursuant to § 37.2-804. The maximum costs reimbursable by the Commonwealthpursuant to this section shall be established by the State Board of MedicalAssistance Services based on reasonable criteria. The State Board of MedicalAssistance Services shall, by regulation, establish a reasonable rate per dayof inpatient care for temporary detention.
G. The employee or the designee of the local community services board who isconducting the evaluation pursuant to this section shall determine, prior tothe issuance of the temporary detention order, the insurance status of theperson. Where coverage by a third party payor exists, the facility seekingreimbursement under this section shall first seek reimbursement from thethird party payor. The Commonwealth shall reimburse the facility only for thebalance of costs remaining after the allowances covered by the third partypayor have been received.
H. The duration of temporary detention shall be sufficient to allow forcompletion of the examination required by § 37.2-815, preparation of thepreadmission screening report required by § 37.2-816, and initiation ofmental health treatment to stabilize the person's psychiatric condition toavoid involuntary commitment where possible, but shall not exceed 48 hoursprior to a hearing. If the 48-hour period herein specified terminates on aSaturday, Sunday, or legal holiday, the person may be detained, as hereinprovided, until the close of business on the next day that is not a Saturday,Sunday, or legal holiday. The person may be released, pursuant to § 37.2-813,before the 48-hour period herein specified has run.
I. If a temporary detention order is not executed within 24 hours of itsissuance, or within a shorter period as is specified in the order, the ordershall be void and shall be returned unexecuted to the office of the clerk ofthe issuing court or, if the office is not open, to any magistrate servingthe jurisdiction of the issuing court. Subsequent orders may be issued uponthe original petition within 96 hours after the petition is filed. However, amagistrate must again obtain the advice of an employee or a designee of thelocal community services board prior to issuing a subsequent order upon theoriginal petition. Any petition for which no temporary detention order orother process in connection therewith is served on the subject of thepetition within 96 hours after the petition is filed shall be void and shallbe returned to the office of the clerk of the issuing court.
J. The chief judge of each general district court shall establish and requirethat a magistrate, as provided by this section, be available seven days aweek, 24 hours a day, for the purpose of performing the duties established bythis section. Each community services board shall provide to each generaldistrict court and magistrate's office within its service area a list of itsemployees and designees who are available to perform the evaluations requiredherein.
K. For purposes of this section a healthcare provider or designee of a localcommunity services board or behavioral health authority shall not be requiredto encrypt any email containing information or medical records provided to amagistrate unless there is reason to believe that a third party will attemptto intercept the email.
L. The employee or designee of the community services board who is conductingthe evaluation pursuant to this section shall, if he recommends that theperson should not be subject to a temporary detention order, inform thepetitioner and an on-site treating physician of his recommendation.
(1974, c. 351, § 37.1-67.1; 1975, cc. 237, 433; 1976, c. 671, § 37.1-67.4;1980, c. 582; 1981, cc. 233, 463; 1982, c. 435; 1986, cc. 134, 478, 629;1987, c. 96; 1988, c. 98; 1989, c. 716; 1990, cc. 429, 728; 1991, c. 159;1992, c. 566; 1995, c. 844; 1996, cc. 343, 893; 1998, cc. 37, 594, 611; 2004,c. 737; 2005, c. 716; 2007, c. 526; 2008, cc. 331, 551, 691, 728, 779, 782,793, 828, 850, 870; 2009, cc. 455, 555; 2010, cc. 340, 406, 778, 825.)
