37.2-814 - Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner.
§ 37.2-814. Commitment hearing for involuntary admission; writtenexplanation; right to counsel; rights of petitioner.
A. The commitment hearing for involuntary admission shall be held after asufficient period of time has passed to allow for completion of theexamination required by § 37.2-815, preparation of the preadmission screeningreport required by § 37.2-816, and initiation of mental health treatment tostabilize the person's psychiatric condition to avoid involuntary commitmentwhere possible, but shall be held within 48 hours of the execution of thetemporary detention order as provided for in § 37.2-809; however, if the48-hour period herein specified terminates on a Saturday, Sunday, legalholiday, or day on which the court is lawfully closed, the person may bedetained, as herein provided, until the close of business on the next daythat is not a Saturday, Sunday, legal holiday, or day on which the court islawfully closed.
B. At the commencement of the commitment hearing, the district court judge orspecial justice shall inform the person whose involuntary admission is beingsought of his right to apply for voluntary admission for inpatient treatmentas provided for in § 37.2-805 and shall afford the person an opportunity forvoluntary admission. The district court judge or special justice shall advisethe person whose involuntary admission is being sought that if the personchooses to be voluntarily admitted pursuant to § 37.2-805, such person willbe prohibited from possessing or purchasing a firearm pursuant to §18.2-308.1:3. The judge or special justice shall ascertain if the person isthen willing and capable of seeking voluntary admission for inpatienttreatment. In determining whether a person is capable of consenting tovoluntary admission, the judge or special justice may consider evidenceregarding the person's past compliance or noncompliance with treatment. Ifthe judge or special justice finds that the person is capable and willinglyaccepts voluntary admission for inpatient treatment, the judge or specialjustice shall require him to accept voluntary admission for a minimum periodof treatment not to exceed 72 hours. After such minimum period of treatment,the person shall give the facility 48 hours' notice prior to leaving thefacility. During this notice period, the person shall not be dischargedexcept as provided in § 37.2-837, 37.2-838, or 37.2-840. The person shall besubject to the transportation provisions as provided in § 37.2-829 and therequirement for preadmission screening by a community services board asprovided in § 37.2-805.
C. If a person is incapable of accepting or unwilling to accept voluntaryadmission and treatment, the judge or special justice shall inform the personof his right to a commitment hearing and right to counsel. The judge orspecial justice shall ascertain if the person whose admission is sought isrepresented by counsel, and, if he is not represented by counsel, the judgeor special justice shall appoint an attorney to represent him. However, ifthe person requests an opportunity to employ counsel, the judge or specialjustice shall give him a reasonable opportunity to employ counsel at his ownexpense.
D. A written explanation of the involuntary admission process and thestatutory protections associated with the process shall be given to theperson, and its contents shall be explained by an attorney prior to thecommitment hearing. The written explanation shall describe, at a minimum, theperson's rights to (i) retain private counsel or be represented by acourt-appointed attorney, (ii) present any defenses including independentevaluation and expert testimony or the testimony of other witnesses, (iii) bepresent during the hearing and testify, (iv) appeal any order for involuntaryadmission to the circuit court, and (v) have a jury trial on appeal. Thejudge or special justice shall ascertain whether the person whose involuntaryadmission is sought has been given the written explanation required herein.
E. To the extent possible, during or before the commitment hearing, theattorney for the person whose involuntary admission is sought shall interviewhis client, the petitioner, the examiner described in § 37.2-815, thecommunity services board staff, and any other material witnesses. He alsoshall examine all relevant diagnostic and other reports, present evidence andwitnesses, if any, on his client's behalf, and otherwise actively representhis client in the proceedings. A health care provider shall disclose or makeavailable all such reports, treatment information, and records concerning hisclient to the attorney, upon request. The role of the attorney shall be torepresent the wishes of his client, to the extent possible.
F. The petitioner shall be given adequate notice of the place, date, and timeof the commitment hearing. The petitioner shall be entitled to retain counselat his own expense, to be present during the hearing, and to testify andpresent evidence. The petitioner shall be encouraged but shall not berequired to testify at the hearing, and the person whose involuntaryadmission is sought shall not be released solely on the basis of thepetitioner's failure to attend or testify during the hearing.
(1976, c. 671, § 37.1-67.3; 1979, c. 426; 1980, cc. 166, 582; 1982, c. 471;1984, c. 277; 1985, c. 261; 1986, cc. 349, 609; 1988, c. 225; 1989, c. 716;1990, cc. 59, 60, 728, 798; 1991, c. 636; 1992, c. 752; 1994, cc. 736, 907;1995, cc. 489, 668, 844; 1996, cc. 343, 893; 1997, cc. 558, 921; 1998, c.446; 2001, cc. 478, 479, 507, 658, 837; 2004, cc. 66, 1014; 2005, c. 716;2008, cc. 751, 788, 850, 870; 2009, c. 647.)