37.2-817.1 - Monitoring mandatory outpatient treatment; petition for hearing.
§ 37.2-817.1. Monitoring mandatory outpatient treatment; petition for hearing.
A. The community services board where the person resides shall monitor theperson's compliance with the mandatory outpatient treatment plan or dischargeplan ordered by the court pursuant to § 37.2-817. Monitoring compliance shallinclude (i) contacting the service providers to determine if the person iscomplying with the mandatory outpatient treatment order or order authorizingdischarge to mandatory outpatient treatment following inpatient treatment and(ii) notifying the court of the person's material noncompliance with themandatory outpatient treatment order or order authorizing discharge tomandatory outpatient treatment following inpatient treatment. Providers ofservices identified in the plan shall report any material noncompliance tothe community services board.
B. If the community services board determines that the person materiallyfailed to comply with the order, it shall petition the court for a review ofthe mandatory outpatient treatment order or order authorizing discharge tomandatory outpatient treatment following inpatient treatment as provided in §37.2-817.2. The community services board shall petition the court for areview of the mandatory outpatient treatment order or order authorizingdischarge to mandatory outpatient treatment following inpatient treatmentwithin three days of making that determination, or within 24 hours if theperson is being detained under a temporary detention order, and shallrecommend an appropriate disposition. Copies of the petition shall be sent tothe person and the person's attorney.
C. If the community services board determines that the person is notmaterially complying with the mandatory outpatient treatment order or orderauthorizing discharge to mandatory outpatient treatment following inpatienttreatment or for any other reason, and there is a substantial likelihoodthat, as a result of the person's mental illness that the person will, in thenear future, (i) cause serious physical harm to himself or others asevidenced by recent behavior causing, attempting or threatening harm andother relevant information, if any, or (ii) suffer serious harm due to hislack of capacity to protect himself from harm or to provide for his basichuman needs, it shall immediately request that the magistrate issue anemergency custody order pursuant to § 37.2-808 or a temporary detention orderpursuant to § 37.2-809.
(2008, cc. 850, 870; 2010, cc. 330, 461.)