§ 37.2-816 (Effective July 1, 2026) Commitment hearing for involuntary admission; preadmission screening report
The district court judge or special justice shall require a preadmission screening report from the community services board that serves the county or city where the person resides or, if impractical, where the person is located. The report shall be admitted as evidence of the facts stated therein and shall state (i) whether the person has a mental illness and whether there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future, (a) 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 (b) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs; (ii) whether the person is in need of involuntary inpatient treatment; (iii) whether there is no less restrictive alternative to inpatient treatment; (iv) the recommendations for that person’s placement, care, and treatment including, where appropriate, recommendations for mandatory outpatient treatment; and (v) if the person is found not to meet the involuntary admission criteria, a recommendation as to whether referral of the person to a community-based outpatient stabilization program for voluntary treatment would be appropriate. The board shall provide the preadmission screening report to the court prior to the hearing, and the report shall be admitted into evidence and made part of the record of the case. In the case of a person who has been sentenced and committed to the Department of Corrections and who has been examined by a psychiatrist or clinical psychologist, the judge or special justice may proceed to adjudicate whether the person has mental illness and should be involuntarily admitted without requesting a preadmission screening report from the community services board.
History
This law was first created in 1976. The record of its establishment is cataloged in chapter 671 of that year’s edition of “Acts of Assembly,” the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1976 “Acts” aren’t available online. It has been modified 23 times. Those modifications are cataloged by “The Acts of Assembly,” a state publication, by year and chapter. Those modifications that can be read on the General Assembly’s website will be linked accordingly. Those modifications are as follows: in 1979, chapter 426; in 1980, chapters 166 and 582; in 1982, chapter 471; in 1984, chapter 277; in 1985, chapter 261; in 1986, chapters 349 and 609; in 1988, chapter 225; in 1989, chapter 716; in 1990, chapters 59, 60, 728, and 798; in 1991, chapter 636; in 1992, chapter 752; in 1994, chapters 736 and 907; in 1995, chapters 489, 668, and 844; in 1996, chapters 343 and 893; in 1997, chapters 558 and 921; in 1998, chapter 446; in 2001, chapters 478, 479, 507, 658, and 837; in 2004, chapters 66 and 1014; in 2005, chapter 716; in 2008, chapters 779, 850, and 870; in 2009, chapters 21 and 838; in 2024, chapter 780; in 2025, chapter 504.
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; 2024, c. 780; 2025, c. 504.