§ 53.1-40.2. Involuntary admission of prisoners with mental illness.
A. Upon the petition of the Director or his designee, any district courtjudge or any special justice, as defined by § 37.2-100, of the county or citywhere the prisoner is located may issue an order authorizing involuntaryadmission of a prisoner who is sentenced and committed to the Department ofCorrections and who is alleged or reliably reported to have a mental illnessto a degree that warrants hospitalization.
B. Such prisoner may be involuntarily admitted to a hospital or facility forthe care and treatment of persons with mental illness by complying with thefollowing admission procedures:
1. A hearing on the petition shall be scheduled as soon as possible, allowingthe prisoner an opportunity to prepare any defenses which he may have, obtainindependent evaluation and expert opinion at his own expense, and summonsother witnesses.
2. Prior to such hearing, the judge or special justice shall fully inform theprisoner of the allegations of the petition, the standard upon which he maybe admitted involuntarily, the right of appeal from such hearing to thecircuit court, and the right to jury trial on appeal. The judge or specialjustice shall ascertain if the prisoner is represented by counsel, and, if heis not represented by counsel, the judge or special justice shall appoint anattorney to represent the prisoner.
3. The judge or special justice shall require an examination of such prisonerby a psychiatrist who is licensed in Virginia or a clinical psychologist whois licensed in Virginia or, if such psychiatrist or clinical psychologist isnot available, a physician or psychologist who is licensed in Virginia andwho is qualified in the diagnosis of mental illness. The judge or specialjustice shall summons the examiner, who shall certify that he has personallyexamined the individual and has probable cause to believe that the prisonerdoes or does not have mental illness, that there does or does not exist asubstantial likelihood that, as a result of mental illness, the prisonerwill, in the near future, cause serious physical harm to himself or others asevidenced by recent behavior causing, attempting, or threatening harm andother relevant information, if any, and that the prisoner does or does notrequire involuntary hospitalization. The judge or special justice may acceptwritten certification of the examiner's findings if the examination has beenpersonally made within the preceding five days and if there is no objectionto the acceptance of such written certification by the prisoner or hisattorney.
4. If the judge or special justice, after observing the prisoner andobtaining the necessary positive certification and other relevant evidence,finds specifically that (i) the prisoner has a mental illness and that thereexists a substantial likelihood that, as a result of mental illness, theprisoner will, in the near future, (a) cause serious physical harm to himselfor others as evidenced by recent behavior causing, attempting, or threateningharm and other relevant information, if any, or (b) suffer serious harm dueto his lack of capacity to protect himself from harm or to provide for hisbasic human needs, and (ii) alternatives to involuntary admission have beeninvestigated and deemed unsuitable and there is no less restrictivealternative to such admission, the judge or special justice shall by writtenorder and specific findings so certify and order that the prisoner be placedin a hospital or other facility designated by the Director for a period notto exceed 180 days from the date of the court order. Such placement shall bein a hospital or other facility for the care and treatment of persons withmental illness that is licensed or operated by the Department of BehavioralHealth and Developmental Services.
5. The judge or special justice shall also order that the relevant medicalrecords of such prisoner be released to the hospital, facility, or program inwhich he is placed upon request of the treating physician or director of thehospital, facility, or program.
6. The Department shall prepare the forms required in procedures foradmission as approved by the Attorney General. These forms, which shall bethe legal forms used in such admissions, shall be distributed by theDepartment to the clerks of the general district courts of the variouscounties and cities of the Commonwealth and to the directors of therespective state hospitals.
(1988, c. 873; 2005, c. 716; 2008, cc. 779, 850, 870; 2009, cc. 813, 840.)
§ 53.1-40.2. Involuntary admission of prisoners with mental illness.
A. Upon the petition of the Director or his designee, any district courtjudge or any special justice, as defined by § 37.2-100, of the county or citywhere the prisoner is located may issue an order authorizing involuntaryadmission of a prisoner who is sentenced and committed to the Department ofCorrections and who is alleged or reliably reported to have a mental illnessto a degree that warrants hospitalization.
B. Such prisoner may be involuntarily admitted to a hospital or facility forthe care and treatment of persons with mental illness by complying with thefollowing admission procedures:
1. A hearing on the petition shall be scheduled as soon as possible, allowingthe prisoner an opportunity to prepare any defenses which he may have, obtainindependent evaluation and expert opinion at his own expense, and summonsother witnesses.
2. Prior to such hearing, the judge or special justice shall fully inform theprisoner of the allegations of the petition, the standard upon which he maybe admitted involuntarily, the right of appeal from such hearing to thecircuit court, and the right to jury trial on appeal. The judge or specialjustice shall ascertain if the prisoner is represented by counsel, and, if heis not represented by counsel, the judge or special justice shall appoint anattorney to represent the prisoner.
3. The judge or special justice shall require an examination of such prisonerby a psychiatrist who is licensed in Virginia or a clinical psychologist whois licensed in Virginia or, if such psychiatrist or clinical psychologist isnot available, a physician or psychologist who is licensed in Virginia andwho is qualified in the diagnosis of mental illness. The judge or specialjustice shall summons the examiner, who shall certify that he has personallyexamined the individual and has probable cause to believe that the prisonerdoes or does not have mental illness, that there does or does not exist asubstantial likelihood that, as a result of mental illness, the prisonerwill, in the near future, cause serious physical harm to himself or others asevidenced by recent behavior causing, attempting, or threatening harm andother relevant information, if any, and that the prisoner does or does notrequire involuntary hospitalization. The judge or special justice may acceptwritten certification of the examiner's findings if the examination has beenpersonally made within the preceding five days and if there is no objectionto the acceptance of such written certification by the prisoner or hisattorney.
4. If the judge or special justice, after observing the prisoner andobtaining the necessary positive certification and other relevant evidence,finds specifically that (i) the prisoner has a mental illness and that thereexists a substantial likelihood that, as a result of mental illness, theprisoner will, in the near future, (a) cause serious physical harm to himselfor others as evidenced by recent behavior causing, attempting, or threateningharm and other relevant information, if any, or (b) suffer serious harm dueto his lack of capacity to protect himself from harm or to provide for hisbasic human needs, and (ii) alternatives to involuntary admission have beeninvestigated and deemed unsuitable and there is no less restrictivealternative to such admission, the judge or special justice shall by writtenorder and specific findings so certify and order that the prisoner be placedin a hospital or other facility designated by the Director for a period notto exceed 180 days from the date of the court order. Such placement shall bein a hospital or other facility for the care and treatment of persons withmental illness that is licensed or operated by the Department of BehavioralHealth and Developmental Services.
5. The judge or special justice shall also order that the relevant medicalrecords of such prisoner be released to the hospital, facility, or program inwhich he is placed upon request of the treating physician or director of thehospital, facility, or program.
6. The Department shall prepare the forms required in procedures foradmission as approved by the Attorney General. These forms, which shall bethe legal forms used in such admissions, shall be distributed by theDepartment to the clerks of the general district courts of the variouscounties and cities of the Commonwealth and to the directors of therespective state hospitals.
(1988, c. 873; 2005, c. 716; 2008, cc. 779, 850, 870; 2009, cc. 813, 840.)
§ 53.1-40.2. Involuntary admission of prisoners with mental illness.
A. Upon the petition of the Director or his designee, any district courtjudge or any special justice, as defined by § 37.2-100, of the county or citywhere the prisoner is located may issue an order authorizing involuntaryadmission of a prisoner who is sentenced and committed to the Department ofCorrections and who is alleged or reliably reported to have a mental illnessto a degree that warrants hospitalization.
B. Such prisoner may be involuntarily admitted to a hospital or facility forthe care and treatment of persons with mental illness by complying with thefollowing admission procedures:
1. A hearing on the petition shall be scheduled as soon as possible, allowingthe prisoner an opportunity to prepare any defenses which he may have, obtainindependent evaluation and expert opinion at his own expense, and summonsother witnesses.
2. Prior to such hearing, the judge or special justice shall fully inform theprisoner of the allegations of the petition, the standard upon which he maybe admitted involuntarily, the right of appeal from such hearing to thecircuit court, and the right to jury trial on appeal. The judge or specialjustice shall ascertain if the prisoner is represented by counsel, and, if heis not represented by counsel, the judge or special justice shall appoint anattorney to represent the prisoner.
3. The judge or special justice shall require an examination of such prisonerby a psychiatrist who is licensed in Virginia or a clinical psychologist whois licensed in Virginia or, if such psychiatrist or clinical psychologist isnot available, a physician or psychologist who is licensed in Virginia andwho is qualified in the diagnosis of mental illness. The judge or specialjustice shall summons the examiner, who shall certify that he has personallyexamined the individual and has probable cause to believe that the prisonerdoes or does not have mental illness, that there does or does not exist asubstantial likelihood that, as a result of mental illness, the prisonerwill, in the near future, cause serious physical harm to himself or others asevidenced by recent behavior causing, attempting, or threatening harm andother relevant information, if any, and that the prisoner does or does notrequire involuntary hospitalization. The judge or special justice may acceptwritten certification of the examiner's findings if the examination has beenpersonally made within the preceding five days and if there is no objectionto the acceptance of such written certification by the prisoner or hisattorney.
4. If the judge or special justice, after observing the prisoner andobtaining the necessary positive certification and other relevant evidence,finds specifically that (i) the prisoner has a mental illness and that thereexists a substantial likelihood that, as a result of mental illness, theprisoner will, in the near future, (a) cause serious physical harm to himselfor others as evidenced by recent behavior causing, attempting, or threateningharm and other relevant information, if any, or (b) suffer serious harm dueto his lack of capacity to protect himself from harm or to provide for hisbasic human needs, and (ii) alternatives to involuntary admission have beeninvestigated and deemed unsuitable and there is no less restrictivealternative to such admission, the judge or special justice shall by writtenorder and specific findings so certify and order that the prisoner be placedin a hospital or other facility designated by the Director for a period notto exceed 180 days from the date of the court order. Such placement shall bein a hospital or other facility for the care and treatment of persons withmental illness that is licensed or operated by the Department of BehavioralHealth and Developmental Services.
5. The judge or special justice shall also order that the relevant medicalrecords of such prisoner be released to the hospital, facility, or program inwhich he is placed upon request of the treating physician or director of thehospital, facility, or program.
6. The Department shall prepare the forms required in procedures foradmission as approved by the Attorney General. These forms, which shall bethe legal forms used in such admissions, shall be distributed by theDepartment to the clerks of the general district courts of the variouscounties and cities of the Commonwealth and to the directors of therespective state hospitals.
(1988, c. 873; 2005, c. 716; 2008, cc. 779, 850, 870; 2009, cc. 813, 840.)
