§ 37.2-817.2. Court review of mandatory outpatient treatment plan ordischarge plan.
A. The district court judge or special justice shall hold a hearing withinfive days after receiving the petition for review of the mandatory outpatienttreatment plan or discharge plan; however, if the fifth day is a Saturday,Sunday, or legal holiday, the hearing shall be held by the close of businesson the next day that is not a Saturday, Sunday, or legal holiday. If theperson is being detained under a temporary detention order, the hearing shallbe scheduled within the same time frame provided for a commitment hearingunder § 37.2-814. The clerk shall provide notice of the hearing to theperson, the community services board, all treatment providers listed in thecomprehensive mandatory outpatient treatment order or discharge plan, and theoriginal petitioner for the person's involuntary treatment. If the person isnot represented by counsel, the court shall appoint an attorney to representthe person in this hearing and any subsequent hearings under §§ 37.2-817.3and 37.2-817.4, giving consideration to appointing the attorney whorepresented the person at the proceeding that resulted in the issuance of themandatory outpatient treatment order or order authorizing discharge tomandatory outpatient treatment following inpatient treatment. The same judgeor special justice that presided over the hearing resulting in the mandatoryoutpatient treatment order or order authorizing discharge to mandatoryoutpatient treatment following inpatient treatment need not preside at thenoncompliance hearing or any subsequent hearings. The community servicesboard shall offer to arrange the person's transportation to the hearing ifthe person is not detained and has no other source of transportation.
B. If requested by the person, the community services board, a treatmentprovider listed in the comprehensive mandatory outpatient treatment plan ordischarge plan, or the original petitioner for the person's involuntarytreatment, the court shall appoint an examiner in accordance with § 37.2-815who shall personally examine the person and certify to the court whether ornot he has probable cause to believe that the person meets the criteria forinvoluntary inpatient admission or mandatory outpatient treatment asspecified in subsections C, C1, C2, and D of § 37.2-817. The examinationshall include all applicable requirements of § 37.2-815. The certification ofthe examiner may be admitted into evidence without the appearance of theexaminer at the hearing if not objected to by the person or his attorney. Ifthe person is not detained in an inpatient facility, the community servicesboard shall arrange for the person to be examined at a convenient locationand time. The community services board shall offer to arrange for theperson's transportation to the examination, if the person has no other sourceof transportation and resides within the service area or an adjacent servicearea of the community services board. If the person refuses or fails toappear, the community services board shall notify the court, or a magistrateif the court is not available, and the court or magistrate shall issue amandatory examination order and capias directing the primary law-enforcementagency in the jurisdiction where the person resides to transport the personto the examination. The person shall remain in custody until a temporarydetention order is issued or until the person is released, but in no eventshall the period exceed four hours.
C. If the person fails to appear for the hearing, the court shall, afterconsideration of any evidence from the person, from the community servicesboard, or from any treatment provider identified in the mandatory outpatienttreatment plan or discharge plan regarding why the person failed to appear atthe hearing, either (i) reschedule the hearing pursuant to subsection A, (ii)issue an emergency custody order pursuant to § 37.2-808, or (iii) issue atemporary detention order pursuant to § 37.2-809.
D. After hearing the evidence regarding the person's material noncompliancewith the mandatory outpatient treatment order or order authorizing dischargeto mandatory outpatient treatment following inpatient treatment and theperson's current condition, and any other relevant information referenced insubsection C of § 37.2-817, the judge or special justice shall make one ofthe following dispositions:
1. Upon finding by clear and convincing evidence that the person meets thecriteria for involuntary admission and treatment specified in subsection C of§ 37.2-817, the judge or special justice shall order the person's involuntaryadmission to a facility designated by the community services board for aperiod of treatment not to exceed 30 days;
2. Upon finding that the person continues to meet the criteria for mandatoryoutpatient treatment specified in subsection C1, C2, or D of § 37.2-817, andthat a continued period of mandatory outpatient treatment appears warranted,the judge or special justice shall renew the order for mandatory outpatienttreatment, making any necessary modifications that are acceptable to thecommunity services board or treatment provider responsible for the person'streatment. In determining the appropriateness of outpatient treatment, thecourt may consider the person's material noncompliance with the previousmandatory treatment order; or
3. Upon finding that neither of the above dispositions is appropriate, thejudge or special justice shall rescind the order for mandatory outpatienttreatment or order authorizing discharge to mandatory outpatient treatmentfollowing inpatient treatment.
Upon entry of an order for involuntary inpatient admission, transportationshall be provided in accordance with § 37.2-829.
(2008, cc. 850, 870; 2009, cc. 112, 697; 2010, cc. 330, 461.)
§ 37.2-817.2. Court review of mandatory outpatient treatment plan ordischarge plan.
A. The district court judge or special justice shall hold a hearing withinfive days after receiving the petition for review of the mandatory outpatienttreatment plan or discharge plan; however, if the fifth day is a Saturday,Sunday, or legal holiday, the hearing shall be held by the close of businesson the next day that is not a Saturday, Sunday, or legal holiday. If theperson is being detained under a temporary detention order, the hearing shallbe scheduled within the same time frame provided for a commitment hearingunder § 37.2-814. The clerk shall provide notice of the hearing to theperson, the community services board, all treatment providers listed in thecomprehensive mandatory outpatient treatment order or discharge plan, and theoriginal petitioner for the person's involuntary treatment. If the person isnot represented by counsel, the court shall appoint an attorney to representthe person in this hearing and any subsequent hearings under §§ 37.2-817.3and 37.2-817.4, giving consideration to appointing the attorney whorepresented the person at the proceeding that resulted in the issuance of themandatory outpatient treatment order or order authorizing discharge tomandatory outpatient treatment following inpatient treatment. The same judgeor special justice that presided over the hearing resulting in the mandatoryoutpatient treatment order or order authorizing discharge to mandatoryoutpatient treatment following inpatient treatment need not preside at thenoncompliance hearing or any subsequent hearings. The community servicesboard shall offer to arrange the person's transportation to the hearing ifthe person is not detained and has no other source of transportation.
B. If requested by the person, the community services board, a treatmentprovider listed in the comprehensive mandatory outpatient treatment plan ordischarge plan, or the original petitioner for the person's involuntarytreatment, the court shall appoint an examiner in accordance with § 37.2-815who shall personally examine the person and certify to the court whether ornot he has probable cause to believe that the person meets the criteria forinvoluntary inpatient admission or mandatory outpatient treatment asspecified in subsections C, C1, C2, and D of § 37.2-817. The examinationshall include all applicable requirements of § 37.2-815. The certification ofthe examiner may be admitted into evidence without the appearance of theexaminer at the hearing if not objected to by the person or his attorney. Ifthe person is not detained in an inpatient facility, the community servicesboard shall arrange for the person to be examined at a convenient locationand time. The community services board shall offer to arrange for theperson's transportation to the examination, if the person has no other sourceof transportation and resides within the service area or an adjacent servicearea of the community services board. If the person refuses or fails toappear, the community services board shall notify the court, or a magistrateif the court is not available, and the court or magistrate shall issue amandatory examination order and capias directing the primary law-enforcementagency in the jurisdiction where the person resides to transport the personto the examination. The person shall remain in custody until a temporarydetention order is issued or until the person is released, but in no eventshall the period exceed four hours.
C. If the person fails to appear for the hearing, the court shall, afterconsideration of any evidence from the person, from the community servicesboard, or from any treatment provider identified in the mandatory outpatienttreatment plan or discharge plan regarding why the person failed to appear atthe hearing, either (i) reschedule the hearing pursuant to subsection A, (ii)issue an emergency custody order pursuant to § 37.2-808, or (iii) issue atemporary detention order pursuant to § 37.2-809.
D. After hearing the evidence regarding the person's material noncompliancewith the mandatory outpatient treatment order or order authorizing dischargeto mandatory outpatient treatment following inpatient treatment and theperson's current condition, and any other relevant information referenced insubsection C of § 37.2-817, the judge or special justice shall make one ofthe following dispositions:
1. Upon finding by clear and convincing evidence that the person meets thecriteria for involuntary admission and treatment specified in subsection C of§ 37.2-817, the judge or special justice shall order the person's involuntaryadmission to a facility designated by the community services board for aperiod of treatment not to exceed 30 days;
2. Upon finding that the person continues to meet the criteria for mandatoryoutpatient treatment specified in subsection C1, C2, or D of § 37.2-817, andthat a continued period of mandatory outpatient treatment appears warranted,the judge or special justice shall renew the order for mandatory outpatienttreatment, making any necessary modifications that are acceptable to thecommunity services board or treatment provider responsible for the person'streatment. In determining the appropriateness of outpatient treatment, thecourt may consider the person's material noncompliance with the previousmandatory treatment order; or
3. Upon finding that neither of the above dispositions is appropriate, thejudge or special justice shall rescind the order for mandatory outpatienttreatment or order authorizing discharge to mandatory outpatient treatmentfollowing inpatient treatment.
Upon entry of an order for involuntary inpatient admission, transportationshall be provided in accordance with § 37.2-829.
(2008, cc. 850, 870; 2009, cc. 112, 697; 2010, cc. 330, 461.)
§ 37.2-817.2. Court review of mandatory outpatient treatment plan ordischarge plan.
A. The district court judge or special justice shall hold a hearing withinfive days after receiving the petition for review of the mandatory outpatienttreatment plan or discharge plan; however, if the fifth day is a Saturday,Sunday, or legal holiday, the hearing shall be held by the close of businesson the next day that is not a Saturday, Sunday, or legal holiday. If theperson is being detained under a temporary detention order, the hearing shallbe scheduled within the same time frame provided for a commitment hearingunder § 37.2-814. The clerk shall provide notice of the hearing to theperson, the community services board, all treatment providers listed in thecomprehensive mandatory outpatient treatment order or discharge plan, and theoriginal petitioner for the person's involuntary treatment. If the person isnot represented by counsel, the court shall appoint an attorney to representthe person in this hearing and any subsequent hearings under §§ 37.2-817.3and 37.2-817.4, giving consideration to appointing the attorney whorepresented the person at the proceeding that resulted in the issuance of themandatory outpatient treatment order or order authorizing discharge tomandatory outpatient treatment following inpatient treatment. The same judgeor special justice that presided over the hearing resulting in the mandatoryoutpatient treatment order or order authorizing discharge to mandatoryoutpatient treatment following inpatient treatment need not preside at thenoncompliance hearing or any subsequent hearings. The community servicesboard shall offer to arrange the person's transportation to the hearing ifthe person is not detained and has no other source of transportation.
B. If requested by the person, the community services board, a treatmentprovider listed in the comprehensive mandatory outpatient treatment plan ordischarge plan, or the original petitioner for the person's involuntarytreatment, the court shall appoint an examiner in accordance with § 37.2-815who shall personally examine the person and certify to the court whether ornot he has probable cause to believe that the person meets the criteria forinvoluntary inpatient admission or mandatory outpatient treatment asspecified in subsections C, C1, C2, and D of § 37.2-817. The examinationshall include all applicable requirements of § 37.2-815. The certification ofthe examiner may be admitted into evidence without the appearance of theexaminer at the hearing if not objected to by the person or his attorney. Ifthe person is not detained in an inpatient facility, the community servicesboard shall arrange for the person to be examined at a convenient locationand time. The community services board shall offer to arrange for theperson's transportation to the examination, if the person has no other sourceof transportation and resides within the service area or an adjacent servicearea of the community services board. If the person refuses or fails toappear, the community services board shall notify the court, or a magistrateif the court is not available, and the court or magistrate shall issue amandatory examination order and capias directing the primary law-enforcementagency in the jurisdiction where the person resides to transport the personto the examination. The person shall remain in custody until a temporarydetention order is issued or until the person is released, but in no eventshall the period exceed four hours.
C. If the person fails to appear for the hearing, the court shall, afterconsideration of any evidence from the person, from the community servicesboard, or from any treatment provider identified in the mandatory outpatienttreatment plan or discharge plan regarding why the person failed to appear atthe hearing, either (i) reschedule the hearing pursuant to subsection A, (ii)issue an emergency custody order pursuant to § 37.2-808, or (iii) issue atemporary detention order pursuant to § 37.2-809.
D. After hearing the evidence regarding the person's material noncompliancewith the mandatory outpatient treatment order or order authorizing dischargeto mandatory outpatient treatment following inpatient treatment and theperson's current condition, and any other relevant information referenced insubsection C of § 37.2-817, the judge or special justice shall make one ofthe following dispositions:
1. Upon finding by clear and convincing evidence that the person meets thecriteria for involuntary admission and treatment specified in subsection C of§ 37.2-817, the judge or special justice shall order the person's involuntaryadmission to a facility designated by the community services board for aperiod of treatment not to exceed 30 days;
2. Upon finding that the person continues to meet the criteria for mandatoryoutpatient treatment specified in subsection C1, C2, or D of § 37.2-817, andthat a continued period of mandatory outpatient treatment appears warranted,the judge or special justice shall renew the order for mandatory outpatienttreatment, making any necessary modifications that are acceptable to thecommunity services board or treatment provider responsible for the person'streatment. In determining the appropriateness of outpatient treatment, thecourt may consider the person's material noncompliance with the previousmandatory treatment order; or
3. Upon finding that neither of the above dispositions is appropriate, thejudge or special justice shall rescind the order for mandatory outpatienttreatment or order authorizing discharge to mandatory outpatient treatmentfollowing inpatient treatment.
Upon entry of an order for involuntary inpatient admission, transportationshall be provided in accordance with § 37.2-829.
(2008, cc. 850, 870; 2009, cc. 112, 697; 2010, cc. 330, 461.)
