37.2-816 - Commitment hearing for involuntary admission; preadmission screening report. - Virginia Statutes

§ 37.2-816. Commitment hearing for involuntary admission; preadmissionscreening report.

The district court judge or special justice shall require a preadmissionscreening report from the community services board that serves the county orcity where the person resides or, if impractical, where the person islocated. The report shall be admitted as evidence of the facts stated thereinand shall state (i) whether the person has a mental illness and whether thereexists a substantial likelihood that, as a result of mental illness, theperson will, in the near future, (a) cause serious physical harm to himselfor others as evidenced by recent behavior causing, attempting, or threateningharm and other relevant information, if any, or (b) suffer serious harm dueto his lack of capacity to protect himself from harm or to provide for hisbasic human needs, (ii) whether the person is in need of involuntaryinpatient treatment, (iii) whether there is no less restrictive alternativeto inpatient treatment, and (iv) the recommendations for that person'splacement, care, and treatment including, where appropriate, recommendationsfor mandatory outpatient treatment. The board shall provide the preadmissionscreening report to the court prior to the hearing, and the report shall beadmitted into evidence and made part of the record of the case. In the caseof a person who has been sentenced and committed to the Department ofCorrections and who has been examined by a psychiatrist or clinicalpsychologist, the judge or special justice may proceed to adjudicate whetherthe person has mental illness and should be involuntarily admitted withoutrequesting a preadmission screening report from the community services board.

(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. 779, 850, 870; 2009, cc. 21, 838.)