State Codes and Statutes
Statutes > Virginia > Title-37-2 > Chapter-8 > 37-2-817-3§ 37.2-817.3. Rescission of mandatory outpatient treatment order.
A. If the community services board determines at any time prior to theexpiration of the mandatory outpatient treatment order or order authorizingdischarge to mandatory outpatient treatment following inpatient treatmentthat the person has complied with the order and no longer meets the criteriafor involuntary treatment, or that continued mandatory outpatient treatmentis no longer necessary for any other reason, it shall file a petition torescind the order with the court that entered the order or to which venue hasbeen transferred. If the court agrees with the community services board'sdetermination, the court shall rescind the order. Otherwise, the court shallschedule a hearing and provide notice of the hearing in accordance withsubsection A of § 37.2-817.2.
B. At any time after 30 days from entry of the mandatory outpatient treatmentorder or from the discharge of the person from involuntary inpatienttreatment pursuant to an order authorizing discharge to mandatory outpatienttreatment following inpatient treatment, the person may petition the court torescind the order on the grounds that he no longer meets the criteria formandatory outpatient treatment as specified in subsection C1 or D of §37.2-817. The court shall schedule a hearing and provide notice of thehearing in accordance with subsection A of § 37.2-817.2. The communityservices board required to monitor the person's compliance with the mandatoryoutpatient treatment order or order authorizing discharge to mandatoryoutpatient treatment following inpatient treatment shall provide apreadmission screening report as required in § 37.2-816. After observing theperson, and considering the person's current condition, any materialnoncompliance with the mandatory outpatient treatment order or orderauthorizing discharge to mandatory outpatient treatment following inpatienttreatment on the part of the person, and any other relevant evidence referredto in subsection C of § 37.2-817, shall make one of the dispositionsspecified in subsection D of § 37.2-817.2. The person may not file a petitionto rescind the order more than once during a 90-day period.
(2008, cc. 850, 870; 2010, cc. 330, 461.)
