Virginia Code 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 for mandatory outpatient treatment following a period of involuntary inpatient treatment, any person or entity that may file a petition for review of a mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment pursuant to subsection D of § 37.2-817.1 may petition the court to continue the order for a period not to exceed 180 days.
Terms Used In Virginia Code 37.2-817.4
- Board: means the State Board of Behavioral Health and Developmental Services. See Virginia Code 37.2-100
- Community services board: means the public body established pursuant to § Virginia Code 37.2-100
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Person: includes any individual, corporation, partnership, association, cooperative, limited liability company, trust, joint venture, government, political subdivision, or any other legal or commercial entity and any successor, representative, agent, agency, or instrumentality thereof. See Virginia Code 1-230
- Special justice: means a person appointed by a chief judge of a judicial circuit for the purpose of performing the duties of a judge pursuant to § Virginia Code 37.2-100
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 D of § 37.2-817.1.
C. Upon receipt of a contested petition for continuation, the court shall appoint an examiner who shall personally examine the person pursuant to subsection E of § 37.2-817.1. The community services board required to monitor the person’s adherence to the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment shall provide a report addressing whether the person continues to meet the criteria for being subject to a mandatory outpatient treatment order pursuant to subsection B of § 37.2-817.01 or order for mandatory outpatient treatment following a period of involuntary inpatient treatment pursuant to subsection C or D of § 37.2-817.01, as may be appropriate.
D. If, after observing the person, reviewing the report of the community services board provided pursuant to subsection C and considering the appointed examiner’s certification and any other relevant evidence submitted at the hearing, the court finds that the person continues to meet the criteria for mandatory outpatient treatment pursuant to subsection B, C, or D of § 37.2-817.01, it may continue the order for a period not to exceed 180 days; in prescribing the terms of the order, including its length, the judge or special justice shall consider the impact on the person’s opportunities and obligations, including education and employment. Any order of mandatory outpatient treatment that is in effect at the time a petition for continuation of the order is filed shall remain in effect until the disposition of the hearing.
2008, cc. 850, 870; 2010, cc. 330, 461; 2021, Sp. Sess. I, c. 221; 2022, c. 763.