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

Mandatory outpatient treatment; petition for review, efforts of the community services board.

Clarifies that a community services board must make efforts to assist a person with complying with the provisions of a mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment and that only in cases in which a person fails to comply with a mandatory outpatient treatment or order authorizing discharge to mandatory outpatient treatment following inpatient treatment despite efforts of the community services board to assist the person may the community services board petition for review of the mandatory outpatient 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 20102364D Open

            

2020 SESSION

    20102364D
    HOUSE BILL NO. 702
    Offered January 8, 2020
    Prefiled January 6, 2020
    A BILL to amend and reenact � 37.2-817.1 of the Code of Virginia, relating to mandatory outpatient treatment; petition for review; effort of community services board.
    ----------
    Patron-- Hope
    ----------
    Referred to Committee on Health, Welfare and Institutions
    ----------

    Be it enacted by the General Assembly of Virginia:

    1. That � 37.2-817.1 of the Code of Virginia is amended and reenacted as follows:

    37.2-817.1. Monitoring mandatory outpatient treatment; petition for hearing.

    A. The community services board where the person resides shall monitor the persons compliance with the mandatory outpatient treatment plan or discharge plan ordered by the court pursuant to � 37.2-817. Monitoring compliance shall include (i) contacting the service providers to determine if the person is complying with the mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment and (ii) notifying the court of the persons material noncompliance with the mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment. Providers of services identified in the plan shall report any material noncompliance to the community services board.

    B. If the community services board determines that the person materially failed to comply with the order despite efforts of the community services board to assist the person, it shall petition the court for a review of the mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment as provided in � 37.2-817.2. The community services board shall petition the court for a review of the mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment within three days of making that determination, or within 24 hours if the person is being detained under a temporary detention order, and shall recommend an appropriate disposition. Copies of the petition shall be sent to the person and the persons attorney.

    C. If the community services board determines that the person is not materially complying with the mandatory outpatient treatment order or order authorizing discharge to mandatory outpatient treatment following inpatient treatment or for any other reason, and there is a substantial likelihood that, as a result of the persons mental illness that the person will, in the near future, (i) cause serious physical harm to himself or others as evidenced by recent behavior causing, attempting or threatening harm and other relevant information, if any, or (ii) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs, it shall immediately request that the magistrate issue an emergency custody order pursuant to � 37.2-808 or a temporary detention order pursuant to � 37.2-809.

    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 20102364D
    01/06/2020 House House: Referred to Committee on Health, Welfare and Institutions
    Summary
    Congress - Bill Number Major Title
    Branch Vote Date Yes No Not Voting
    Wiki
    Date Bill Major Title
    Committee Name
    Subject Type