Introduced in House Passed House Introduced in Senate Passed Senate Became Law
01/06/2020     01/17/2020  

Mandatory outpatient treatment; rescission of order.

Clarifies the types of evidence that may be considered by a court in determining whether continued mandatory outpatient treatment is warranted; clarifies the criteria that a court is required to consider when reviewing or determining whether to rescind or continue a mandatory outpatient order or order for mandatory outpatient treatment following inpatient treatment; provides that if a person who is the subject of a mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment files a petition for rescission of the order, the court shall appoint an examiner to personally examine the person to determine whether he meets the criteria for inpatient admission or mandatory outpatient treatment; limits the frequency with which a person who is the subject of a mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment may petition for review of such order to no more than once during each 90-day period following entry of such order; and makes clear that a mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment remains in full force and effect unless rescinded by the court and that revocation of a person's agreement to abide by a mandatory outpatient treatment plan or discharge plan that has been approved by the court shall not rescind the mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment.

Date Version PDF TXT
01/06/2020 House: Prefiled and ordered printed; offered 01/08/20 20104876D Open

            

2020 SESSION

    20104876D
    HOUSE BILL NO. 699
    Offered January 8, 2020
    Prefiled January 6, 2020
    A BILL to amend and reenact �� 37.2-817.2, 37.2-817.3, and 37.2-817.4 of the Code of Virginia, relating to mandatory outpatient treatment; review, rescission, and continuation; criteria.
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    Patron-- Hope
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    Referred to Committee on Health, Welfare and Institutions
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    Be it enacted by the General Assembly of Virginia:

    1. That �� 37.2-817.2, 37.2-817.3, and 37.2-817.4 of the Code of Virginia are amended and reenacted as follows:

    37.2-817.2. Court review of mandatory outpatient treatment plan or discharge plan.

    A. The district court judge or special justice shall hold a hearing within five days after receiving the petition for review of the mandatory outpatient treatment plan or discharge plan; however, if the fifth day is a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed, the hearing shall be held by the close of business on the next day that is not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed. If the person is being detained under a temporary detention order, the hearing shall be scheduled within the same time frame provided for a commitment hearing under � 37.2-814. The clerk shall provide notice of the hearing to the person, the community services board, all treatment providers listed in the comprehensive mandatory outpatient treatment order or discharge plan, and the original petitioner for the persons involuntary treatment. If the person is not represented by counsel, the court shall appoint an attorney to represent the person in this hearing and any subsequent hearings under �� 37.2-817.3 and 37.2-817.4, giving consideration to appointing the attorney who represented the person at the proceeding that resulted in the issuance of the mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment. The same judge or special justice that presided over the hearing resulting in the mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment need not preside at the noncompliance hearing or any subsequent hearings. The community services board shall offer to arrange the persons transportation to the hearing if the person is not detained and has no other source of transportation.

    B. If requested by the person, the community services board, a treatment provider listed in the comprehensive mandatory outpatient treatment plan or discharge plan, or the original petitioner for the persons involuntary treatment, the court shall appoint an examiner in accordance with � 37.2-815 who shall personally examine the person and certify to the court whether or not he has probable cause to believe that the person meets the criteria for involuntary inpatient admission or mandatory outpatient treatment as specified in subsections C, C1, C2, and D of � 37.2-817. The examination shall include all applicable requirements of � 37.2-815. The certification of the examiner may be admitted into evidence without the appearance of the examiner at the hearing if not objected to by the person or his attorney. If the person is not detained in an inpatient facility, the community services board shall arrange for the person to be examined at a convenient location and time. The community services board shall offer to arrange for the persons transportation to the examination, if the person has no other source of transportation and resides within the service area or an adjacent service area of the community services board. If the person refuses or fails to appear, the community services board shall notify the court, or a magistrate if the court is not available, and the court or magistrate shall issue a mandatory examination order and capias directing the primary law-enforcement agency in the jurisdiction where the person resides to transport the person to the examination. The person shall remain in custody until a temporary detention order is issued or until the person is released, but in no event shall the period exceed eight hours.

    C. If the person fails to appear for the hearing, the court shall, after consideration of any evidence from the person, from the community services board, or from any treatment provider identified in the mandatory outpatient treatment plan or discharge plan regarding why the person failed to appear at the hearing, either (i) reschedule the hearing pursuant to subsection A, (ii) issue an emergency custody order pursuant to � 37.2-808, or (iii) issue a temporary detention order pursuant to � 37.2-809.

    D. After hearing the evidence regarding the persons material noncompliance with the mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment and the persons current condition, and any other relevant information referenced in subsection C of � 37.2-817, the judge or special justice shall make one of the following dispositions:

    1. Upon finding by clear and convincing evidence that the person meets the criteria for involuntary admission and treatment specified in subsection C of � 37.2-817, the judge or special justice shall order the persons involuntary admission to a facility designated by the community services board for a period of treatment not to exceed 30 days;

    2. Upon finding that the person is subject to a mandatory treatment order and continues to meet the criteria for mandatory outpatient treatment specified in subsection C1, C2, or D of � 37.2-817, and that a continued period of mandatory outpatient treatment appears warranted, the judge or special justice shall renew the order for mandatory outpatient treatment, making any necessary modifications that are acceptable to the community services board or treatment provider responsible for the persons treatment. In determining the appropriateness of outpatient treatment, the court may consider the persons material noncompliance with the previous mandatory treatment order;

    3. Upon finding that the person is subject to an order authorizing discharge to mandatory outpatient treatment following inpatient treatment and meets the criteria for mandatory outpatient treatment specified in subsection D of � 37.2-817, and that a period of mandatory outpatient treatment appears warranted, the judge or special justice shall enter an order for mandatory outpatient treatment pursuant to subsection D of � 37.2-817. In determining the appropriateness of outpatient treatment, the court may consider the persons material noncompliance with the order authorizing discharge to mandatory outpatient treatment following inpatient treatment; or

    3. 4. Upon finding that neither of the above dispositions is appropriate, the judge or special justice shall rescind the order for mandatory outpatient treatment or order authorizing discharge to mandatory outpatient treatment following inpatient treatment.

    Upon entry of an order for involuntary inpatient admission, transportation shall be provided in accordance with � 37.2-829.

    37.2-817.3. Rescission of mandatory outpatient treatment order.

    A. If the community services board determines at any time prior to the expiration of the mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment that the person has complied with the order and no longer meets the criteria for involuntary treatment, or that continued mandatory outpatient treatment is no longer necessary for any other reason, it shall file a petition to rescind the order with the court that entered the order or to which venue has been transferred. If the court agrees with the community services boards determination, the court shall rescind the order. Otherwise, the court shall schedule a hearing and provide notice of the hearing in accordance with subsection A of � 37.2-817.2.

    B. At any time after 30 days from entry of the mandatory outpatient treatment order or from the discharge of the person from involuntary inpatient treatment pursuant to an order authorizing discharge to mandatory outpatient treatment following inpatient treatment, the person may petition the court to rescind the order on the grounds that he no longer meets the criteria for mandatory outpatient treatment as specified in subsection C1 or D of � 37.2-817. The court shall (i) schedule a hearing and provide notice of the hearing in accordance with subsection A of � 37.2-817.2 and (ii) if requested by the person, the community services board, a treatment provider listed in the comprehensive mandatory outpatient treatment plan or discharge plan, or the original petitioner for the persons involuntary treatment, appoint an examiner who shall personally examine the person and certify to the court whether he has probable cause to believe the person meets the criteria for involuntary inpatient admission or mandatory outpatient treatment in accordance with subsection B of � 37.2-817.2. The community services board required to monitor the persons compliance with the mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment shall provide a preadmission screening report as required in � 37.2-816. After observing the person, and considering the persons current condition, any material noncompliance with the mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment on the part of the person, and any other relevant evidence referred to in subsection C of � 37.2-817, the court shall make one of the dispositions specified in subsection D of � 37.2-817.2. The

    C. At any time after 30 days from discharge of the person from involuntary inpatient treatment pursuant to an order authorizing discharge to mandatory outpatient treatment following inpatient treatment, the person may petition the court to rescind the order on the grounds that he no longer meets the criteria for mandatory outpatient treatment following inpatient treatment as specified in subsection C1 of � 37.2-817. The court shall (i) schedule a hearing and provide notice of the hearing in accordance with subsection A of � 37.2-817.2 and (ii) if requested by the person, the community services board, a treatment provider listed in the comprehensive mandatory outpatient treatment plan or discharge plan, or the original petitioner for the persons involuntary treatment, appoint an examiner who shall personally examine the person and certify to the court whether he has probable cause to believe the person meets the criteria for involuntary inpatient admission or mandatory outpatient treatment in accordance with subsection B of � 37.2-817.2. The community services board required to monitor the persons compliance with the order authorizing discharge to mandatory outpatient treatment following inpatient treatment shall provide a preadmission screening report as required in � 37.2-816. After observing the person, and considering the persons current condition, any material noncompliance with the order authorizing discharge to mandatory outpatient treatment following inpatient treatment on the part of the person, and any other relevant evidence referred to in subsection C of � 37.2-817, the court shall make one of the dispositions specified in subsection D of � 37.2-817.2.

    D. No person who is the subject of a mandatory outpatient treatment order or an order authorizing discharge to mandatory outpatient treatment following inpatient treatment may not file a petition to rescind the order more than once during a each 90-day period following such order.

    E. A mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment shall remain in full force and effect until the date specified in the order unless it is rescinded in accordance with the provisions of this section. Revocation of a persons agreement to abide by a mandatory outpatient treatment plan or discharge plan that has been approved by the court pursuant to � 37.2-817 shall not rescind the mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment

    37.2-817.4. Continuation of mandatory outpatient treatment order.

    A. At any time within 30 days prior to the expiration of a mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment, the community services board that is required to monitor the persons compliance with the order, the treating physician, or other responsible person may petition the court to continue the order for a period not to exceed 180 days.

    At any time within 30 days prior to the expiration of an order authorizing discharge to mandatory outpatient treatment following inpatient treatment, the community services board that is required to monitor the persons compliance with the order, the treating physician, or other responsible person may petition the court for an order for mandatory outpatient treatment for a period not to exceed 180 days.

    B. If the person who is the subject of the order and the monitoring community services board, if it did not initiate the petition, join the petition, the court shall grant the petition and enter an appropriate order without further hearing. If either the person or the monitoring community services board does not join the petition, the court shall schedule a hearing and provide notice of the hearing in accordance with subsection A of � 37.2-817.2.

    C. Upon receipt of the petition, the court shall appoint an examiner who shall personally examine the person pursuant to subsection B of37.2-81537.2-817.2. The community services board required to monitor the persons compliance with the mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment shall provide a preadmission screening report as required in � 37.2-816.

    D. If, after observing the person, reviewing the preadmission screening report and considering the appointed examiners certification and any other relevant evidence, including any relevant evidence referenced in subsection C1, C2 or D of � 37.2-817, as may be appropriate, the court shall make one of the dispositions specified in subsection D of � 37.2-817.2. If the court finds that a continued period of mandatory outpatient treatment is warranted, it may continue the order for a period not to exceed 180 days. Any order of mandatory outpatient treatment or order authorizing discharge to mandatory outpatient treatment following inpatient treatment that is in effect at the time a petition for continuation of the order is filed pursuant to this section shall remain in effect until the disposition of the hearing.

    Picture Name From Date Type
    Patrick A. Hope D-Richmond Sponsor
    Date Branch Action
    01/17/2020 House House: Assigned HWI sub: Behavioral Health
    01/06/2020 House House: Prefiled and ordered printed; offered 01/08/20 20104876D
    01/06/2020 House House: Referred to Committee on Health, Welfare and Institutions
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