{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/37.2-817.1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/37.2-817.1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/37.2-817.1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/37.2-817.1.html"}],"law_id":71942,"edition_id":1,"section_id":71942,"structure_id":14586,"section_number":"37.2-817.1","catch_line":"Monitoring and court review of mandatory outpatient treatment","history":"2008, cc. 850, 870; 2010, cc. 330, 461; 2021, Sp. Sess. I, c. 221; 2022, c. 763.","full_text":"A\n\nAs used in this section, “material nonadherence” means deviation from a comprehensive mandatory outpatient treatment plan by a person who is subject to an order for mandatory outpatient treatment following a period of involuntary inpatient treatment pursuant to subsection C or D of § 37.2-817.01 or an order for mandatory outpatient treatment pursuant to subsection B of § 37.2-817.01 that it is likely to lead to the person’s relapse or deterioration and for which the person cannot provide a reasonable explanation.B\n\nThe community services board where the person resides shall monitor the person’s progress and adherence to the comprehensive mandatory outpatient treatment plan prepared in accordance with § 37.2-817.01. Such monitoring shall include (i) contacting or making documented efforts to contact the person regarding the comprehensive mandatory outpatient treatment plan and any support necessary for the person to adhere to the comprehensive mandatory outpatient treatment plan, (ii) contacting the service providers to determine if the person is adhering to the comprehensive mandatory outpatient treatment plan and, in the event of material nonadherence, if the person fails or refuses to cooperate with efforts of the community services board or providers of services identified in the comprehensive mandatory outpatient treatment plan to address the factors leading to the person’s material nonadherence, petitioning for a review hearing pursuant to this section. Service providers identified in the comprehensive mandatory outpatient treatment plan shall report any material nonadherence and any material changes in the person’s condition to the community services board. Any finding of material nonadherence shall be based upon a totality of the circumstances.C\n\nThe community services board responsible for monitoring the person’s progress and adherence to the comprehensive mandatory outpatient treatment plan shall report monthly, in writing, to the court regarding the person’s and the community services board’s compliance with the provisions of the comprehensive mandatory outpatient treatment plan. If the community services board determines that the deterioration of the condition or behavior of a person who is subject to an order for mandatory outpatient treatment following a period of involuntary inpatient treatment pursuant to subsection C or D of § 37.2-817.01 or a mandatory outpatient treatment order pursuant to subsection B of § 37.2-817.01 is such that there is a substantial likelihood that, as a result of the person’s mental illness, the person will, in the near future, (i) 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 (ii) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs, it shall immediately request that the magistrate issue an emergency custody order pursuant to § 37.2-808 or a temporary detention order pursuant to § 37.2-809. Entry of an emergency custody order, temporary detention order, or involuntary inpatient treatment order shall suspend but not rescind an existing order for mandatory outpatient treatment following a period of involuntary inpatient treatment pursuant to subsection C or D of § 37.2-817.01 or a mandatory outpatient treatment order pursuant to subsection B of § 37.2-817.01.D\n\nThe district court judge or special justice shall hold a hearing within five days after receiving the petition for review of the comprehensive mandatory outpatient treatment plan; however, if the fifth day is a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed, the hearing shall be held by the close of business on the next day that is not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed. The clerk shall provide notice of the hearing to the person, the community services board, all treatment providers listed in the comprehensive mandatory outpatient treatment order or discharge plan, and the original petitioner for the person’s involuntary treatment. If the person is not represented by counsel, the court shall appoint an attorney to represent the person in this hearing and any subsequent hearing under this section or \u00a7 37.2-817.4, giving consideration to appointing the attorney who represented the person at the proceeding that resulted in the issuance of the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment. The same judge or special justice that presided over the hearing resulting in the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment need not preside at the nonadherence hearing or any subsequent hearings. The community services board shall offer to arrange the person’s transportation to the hearing if the person is not detained and has no other source of transportation.\n\t\t\tAny of the following may petition the court for a hearing pursuant to this subsection: (i) the person who is subject to the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment; (ii) the community services board responsible for monitoring the person’s progress and adherence to the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment; (iii) a treatment provider designated in the comprehensive mandatory outpatient treatment plan; (iv) the person who originally filed the petition that resulted in the entry of the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment; (v) any health care agent designated in the advance directive of the person who is the subject of the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment; or (vi) if the person who is the subject of the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment has been determined to be incapable of making an informed decision, the person’s guardian or other person authorized to make health care decisions for the person pursuant to \u00a7 54.1-2986.\n\t\t\tA petition filed pursuant to this subsection may request that the court do any of the following:1\n\nEnforce a mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment and require the person who is the subject of the order to adhere to the comprehensive mandatory outpatient treatment plan, in the case of material nonadherence;2\n\nModify a mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment or a comprehensive mandatory outpatient treatment plan due to a change in circumstances, including changes in the condition, behavior, living arrangement, or access to services of the person who is the subject to the order; or3\n\nRescind a mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment.\n\t\t\t\tAt any time after 30 days from entry of the mandatory outpatient treatment order pursuant to subsection B of § 37.2-817.01 or from the discharge of the person from involuntary inpatient treatment pursuant to an order under subsection C or D of § 37.2-817.01, the person may petition the court to rescind the order. The person shall not file a petition to rescind the order more than once during a 90-day period.E\n\nIf requested in a petition filed pursuant to subsection D or on the court’s own motion, the court may appoint an examiner in accordance with § 37.2-815 who shall personally examine the person on or before the date of the review, as directed by the court, and certify to the court whether or not he has probable cause to believe that the person meets the criteria for mandatory outpatient treatment as specified in subsection B, C, or D of § 37.2-817.01, as may be applicable. The examination shall include all applicable requirements of § 37.2-815. The certification of the examiner may be admitted into evidence without the appearance of the examiner at the hearing if not objected to by the person or his attorney. If the person is not incarcerated or receiving treatment in an inpatient facility, the community services board shall arrange for the person to be examined at a convenient location and time. The community services board shall offer to arrange for the person’s transportation to the examination if the person has no other source of transportation and resides within the service area or an adjacent service area of the community services board. If the person refuses or fails to appear, the community services board shall notify the court, or a magistrate if the court is not available, and the court or magistrate shall issue a mandatory examination order and capias directing the primary law-enforcement agency in the jurisdiction where the person resides to transport the person to the examination. The person shall remain in custody until a temporary detention order is issued or until the person is released, but in no event shall the period exceed eight hours.F\n\nIf the person fails to appear for the hearing, the court may, after consideration of any evidence regarding why the person failed to appear at the hearing, (i) dismiss the petition, (ii) issue an emergency custody order pursuant to § 37.2-808, or (iii) reschedule the hearing pursuant to subsection D and issue a subpoena for the person’s appearance at the hearing and enter an order for mandatory examination, to be conducted prior to the hearing and in accordance with subsection E.G\n\nAfter observing the person and considering (i) the recommendations of any treating or examining physician or psychologist licensed to practice in the Commonwealth, if available, (ii) the person’s adherence to the comprehensive mandatory outpatient treatment plan, (iii) any past mental health treatment of the person, (iv) any examiner’s certification, (v) any health records available, (vi) any report from the community services board, and (vii) any other relevant evidence that may have been admitted at the hearing, the judge or special justice shall make one of the following dispositions:1\n\nIn a hearing on any petition seeking enforcement of a mandatory outpatient treatment order, upon finding that continuing mandatory outpatient treatment is warranted, the court shall direct the person to fully comply with the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment and may make any modifications to such order or the comprehensive mandatory outpatient treatment plan that are acceptable to the community services board or treatment provider responsible for the person’s treatment. In determining the appropriateness of the outpatient treatment specified in such order and the comprehensive mandatory outpatient treatment plan, the court may consider the person’s material nonadherence to the existing mandatory treatment order.2\n\nIn a hearing on any petition seeking modification of a mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment, upon a finding that (i) one or more modifications of the order would benefit the person and help prevent relapse or deterioration of the person’s condition, (ii) the community services board and the treatment provider responsible for the person’s treatment are able to provide services consistent with such modification, and (iii) the person is able to adhere to the modified comprehensive mandatory outpatient treatment plan, the court may order such modification of the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment or the comprehensive mandatory outpatient treatment plan as the court finds appropriate.3\n\nIn a hearing on any petition filed to enforce, modify, or rescind a mandatory outpatient treatment order, upon finding that mandatory outpatient treatment is no longer appropriate, the court may rescind the order.H\n\nThe judge or special justice may schedule periodic status hearings for the purpose of obtaining information regarding the person’s progress while the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment remains in effect. The clerk shall provide notice of the hearing to the person who is the subject of the order and the community services board responsible for monitoring the person’s condition and adherence to the plan. The person shall have the right to be represented by counsel at the hearing, and if the person does not have counsel the court shall appoint an attorney to represent the person. However, status hearings may be held without counsel present by mutual consent of the parties. The community services board shall offer to arrange the person’s transportation to the hearing if the person is not detained and has no other source of transportation. During a status hearing, the treatment plan may be amended upon mutual agreement of the parties. Contested matters shall not be decided during a status hearing, nor shall any decision regarding enforcement, rescission, or renewal of the order be entered.","order_by":null,"text":{"0":{"id":259227,"text":"As used in this section, “material nonadherence” means deviation from a comprehensive mandatory outpatient treatment plan by a person who is subject to an order for mandatory outpatient treatment following a period of involuntary inpatient treatment pursuant to subsection C or D of § 37.2-817.01 or an order for mandatory outpatient treatment pursuant to subsection B of § 37.2-817.01 that it is likely to lead to the person’s relapse or deterioration and for which the person cannot provide a reasonable explanation.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":259228,"text":"The community services board where the person resides shall monitor the person’s progress and adherence to the comprehensive mandatory outpatient treatment plan prepared in accordance with § 37.2-817.01. Such monitoring shall include (i) contacting or making documented efforts to contact the person regarding the comprehensive mandatory outpatient treatment plan and any support necessary for the person to adhere to the comprehensive mandatory outpatient treatment plan, (ii) contacting the service providers to determine if the person is adhering to the comprehensive mandatory outpatient treatment plan and, in the event of material nonadherence, if the person fails or refuses to cooperate with efforts of the community services board or providers of services identified in the comprehensive mandatory outpatient treatment plan to address the factors leading to the person’s material nonadherence, petitioning for a review hearing pursuant to this section. Service providers identified in the comprehensive mandatory outpatient treatment plan shall report any material nonadherence and any material changes in the person’s condition to the community services board. Any finding of material nonadherence shall be based upon a totality of the circumstances.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":259229,"text":"The community services board responsible for monitoring the person’s progress and adherence to the comprehensive mandatory outpatient treatment plan shall report monthly, in writing, to the court regarding the person’s and the community services board’s compliance with the provisions of the comprehensive mandatory outpatient treatment plan. If the community services board determines that the deterioration of the condition or behavior of a person who is subject to an order for mandatory outpatient treatment following a period of involuntary inpatient treatment pursuant to subsection C or D of § 37.2-817.01 or a mandatory outpatient treatment order pursuant to subsection B of § 37.2-817.01 is such that there is a substantial likelihood that, as a result of the person’s mental illness, the person will, in the near future, (i) 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 (ii) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs, it shall immediately request that the magistrate issue an emergency custody order pursuant to § 37.2-808 or a temporary detention order pursuant to § 37.2-809. Entry of an emergency custody order, temporary detention order, or involuntary inpatient treatment order shall suspend but not rescind an existing order for mandatory outpatient treatment following a period of involuntary inpatient treatment pursuant to subsection C or D of § 37.2-817.01 or a mandatory outpatient treatment order pursuant to subsection B of § 37.2-817.01.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":259230,"text":"The district court judge or special justice shall hold a hearing within five days after receiving the petition for review of the comprehensive mandatory outpatient treatment plan; however, if the fifth day is a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed, the hearing shall be held by the close of business on the next day that is not a Saturday, Sunday, legal holiday, or day on which the court is lawfully closed. The clerk shall provide notice of the hearing to the person, the community services board, all treatment providers listed in the comprehensive mandatory outpatient treatment order or discharge plan, and the original petitioner for the person’s involuntary treatment. If the person is not represented by counsel, the court shall appoint an attorney to represent the person in this hearing and any subsequent hearing under this section or \u00a7 37.2-817.4, giving consideration to appointing the attorney who represented the person at the proceeding that resulted in the issuance of the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment. The same judge or special justice that presided over the hearing resulting in the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment need not preside at the nonadherence hearing or any subsequent hearings. The community services board shall offer to arrange the person’s transportation to the hearing if the person is not detained and has no other source of transportation.\n\t\t\tAny of the following may petition the court for a hearing pursuant to this subsection: (i) the person who is subject to the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment; (ii) the community services board responsible for monitoring the person’s progress and adherence to the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment; (iii) a treatment provider designated in the comprehensive mandatory outpatient treatment plan; (iv) the person who originally filed the petition that resulted in the entry of the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment; (v) any health care agent designated in the advance directive of the person who is the subject of the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment; or (vi) if the person who is the subject of the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment has been determined to be incapable of making an informed decision, the person’s guardian or other person authorized to make health care decisions for the person pursuant to \u00a7 54.1-2986.\n\t\t\tA petition filed pursuant to this subsection may request that the court do any of the following:","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"D1"},"4":{"id":259231,"text":"Enforce a mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment and require the person who is the subject of the order to adhere to the comprehensive mandatory outpatient treatment plan, in the case of material nonadherence;","type":"section","prefixes":["D","1"],"prefix":"1","entire_prefix":"D1","prefix_anchor":"D1","level":2,"prior_prefix":"D","next_prefix":"D2"},"5":{"id":259232,"text":"Modify a mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment or a comprehensive mandatory outpatient treatment plan due to a change in circumstances, including changes in the condition, behavior, living arrangement, or access to services of the person who is the subject to the order; or","type":"section","prefixes":["D","2"],"prefix":"2","entire_prefix":"D2","prefix_anchor":"D2","level":2,"prior_prefix":"D1","next_prefix":"D3"},"6":{"id":259233,"text":"Rescind a mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment.\n\t\t\t\tAt any time after 30 days from entry of the mandatory outpatient treatment order pursuant to subsection B of § 37.2-817.01 or from the discharge of the person from involuntary inpatient treatment pursuant to an order under subsection C or D of § 37.2-817.01, the person may petition the court to rescind the order. The person shall not file a petition to rescind the order more than once during a 90-day period.","type":"section","prefixes":["D","3"],"prefix":"3","entire_prefix":"D3","prefix_anchor":"D3","level":2,"prior_prefix":"D2","next_prefix":"E"},"7":{"id":259234,"text":"If requested in a petition filed pursuant to subsection D or on the court’s own motion, the court may appoint an examiner in accordance with § 37.2-815 who shall personally examine the person on or before the date of the review, as directed by the court, and certify to the court whether or not he has probable cause to believe that the person meets the criteria for mandatory outpatient treatment as specified in subsection B, C, or D of § 37.2-817.01, as may be applicable. The examination shall include all applicable requirements of § 37.2-815. The certification of the examiner may be admitted into evidence without the appearance of the examiner at the hearing if not objected to by the person or his attorney. If the person is not incarcerated or receiving treatment in an inpatient facility, the community services board shall arrange for the person to be examined at a convenient location and time. The community services board shall offer to arrange for the person’s transportation to the examination if the person has no other source of transportation and resides within the service area or an adjacent service area of the community services board. If the person refuses or fails to appear, the community services board shall notify the court, or a magistrate if the court is not available, and the court or magistrate shall issue a mandatory examination order and capias directing the primary law-enforcement agency in the jurisdiction where the person resides to transport the person to the examination. The person shall remain in custody until a temporary detention order is issued or until the person is released, but in no event shall the period exceed eight hours.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D3","next_prefix":"F"},"8":{"id":259235,"text":"If the person fails to appear for the hearing, the court may, after consideration of any evidence regarding why the person failed to appear at the hearing, (i) dismiss the petition, (ii) issue an emergency custody order pursuant to § 37.2-808, or (iii) reschedule the hearing pursuant to subsection D and issue a subpoena for the person’s appearance at the hearing and enter an order for mandatory examination, to be conducted prior to the hearing and in accordance with subsection E.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"9":{"id":259236,"text":"After observing the person and considering (i) the recommendations of any treating or examining physician or psychologist licensed to practice in the Commonwealth, if available, (ii) the person’s adherence to the comprehensive mandatory outpatient treatment plan, (iii) any past mental health treatment of the person, (iv) any examiner’s certification, (v) any health records available, (vi) any report from the community services board, and (vii) any other relevant evidence that may have been admitted at the hearing, the judge or special justice shall make one of the following dispositions:","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F","next_prefix":"G1"},"10":{"id":259237,"text":"In a hearing on any petition seeking enforcement of a mandatory outpatient treatment order, upon finding that continuing mandatory outpatient treatment is warranted, the court shall direct the person to fully comply with the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment and may make any modifications to such order or the comprehensive mandatory outpatient treatment plan that are acceptable to the community services board or treatment provider responsible for the person’s treatment. In determining the appropriateness of the outpatient treatment specified in such order and the comprehensive mandatory outpatient treatment plan, the court may consider the person’s material nonadherence to the existing mandatory treatment order.","type":"section","prefixes":["G","1"],"prefix":"1","entire_prefix":"G1","prefix_anchor":"G1","level":2,"prior_prefix":"G","next_prefix":"G2"},"11":{"id":259238,"text":"In a hearing on any petition seeking modification of a mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment, upon a finding that (i) one or more modifications of the order would benefit the person and help prevent relapse or deterioration of the person’s condition, (ii) the community services board and the treatment provider responsible for the person’s treatment are able to provide services consistent with such modification, and (iii) the person is able to adhere to the modified comprehensive mandatory outpatient treatment plan, the court may order such modification of the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment or the comprehensive mandatory outpatient treatment plan as the court finds appropriate.","type":"section","prefixes":["G","2"],"prefix":"2","entire_prefix":"G2","prefix_anchor":"G2","level":2,"prior_prefix":"G1","next_prefix":"G3"},"12":{"id":259239,"text":"In a hearing on any petition filed to enforce, modify, or rescind a mandatory outpatient treatment order, upon finding that mandatory outpatient treatment is no longer appropriate, the court may rescind the order.","type":"section","prefixes":["G","3"],"prefix":"3","entire_prefix":"G3","prefix_anchor":"G3","level":2,"prior_prefix":"G2","next_prefix":"H"},"13":{"id":259240,"text":"The judge or special justice may schedule periodic status hearings for the purpose of obtaining information regarding the person’s progress while the mandatory outpatient treatment order or order for mandatory outpatient treatment following a period of involuntary inpatient treatment remains in effect. The clerk shall provide notice of the hearing to the person who is the subject of the order and the community services board responsible for monitoring the person’s condition and adherence to the plan. The person shall have the right to be represented by counsel at the hearing, and if the person does not have counsel the court shall appoint an attorney to represent the person. However, status hearings may be held without counsel present by mutual consent of the parties. The community services board shall offer to arrange the person’s transportation to the hearing if the person is not detained and has no other source of transportation. During a status hearing, the treatment plan may be amended upon mutual agreement of the parties. Contested matters shall not be decided during a status hearing, nor shall any decision regarding enforcement, rescission, or renewal of the order be entered.","type":"section","prefixes":["H"],"prefix":"H","entire_prefix":"H","prefix_anchor":"H","level":1,"prior_prefix":"G3"}},"ancestry":[{"id":14586,"edition_id":1,"name":"Involuntary Admissions","identifier":"5","label":"article","depth":4,"order_by":1,"parent_id":12890,"metadata":{},"date_created":"2026-06-26 03:48:47","date_modified":"2026-06-26 03:48:47","permalink":{"id":210339,"object_type":"structure","relational_id":14586,"identifier":"5","token":"37.2\/III\/8\/5","url":"\/37.2\/III\/8\/5\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12890,"edition_id":1,"name":"Emergency Custody and Voluntary and Involuntary Civil Admissions","identifier":"8","label":"chapter","depth":3,"order_by":1,"parent_id":12889,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":210257,"object_type":"structure","relational_id":12890,"identifier":"8","token":"37.2\/III\/8","url":"\/37.2\/III\/8\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12889,"edition_id":1,"name":"Admissions and Dispositions","identifier":"III","label":"subtitle","depth":2,"order_by":1,"parent_id":12843,"metadata":{},"date_created":"2026-06-26 03:43:59","date_modified":"2026-06-26 03:43:59","permalink":{"id":210255,"object_type":"structure","relational_id":12889,"identifier":"III","token":"37.2\/III","url":"\/37.2\/III\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12843,"edition_id":1,"name":"Behavioral Health and Developmental Services","identifier":"37.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:56","date_modified":"2026-06-26 03:43:56","permalink":{"id":209673,"object_type":"structure","relational_id":12843,"identifier":"37.2","token":"37.2","url":"\/37.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":68004,"structure_id":14586,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","url":"\/37.2-814\/","token":"37.2\/III\/8\/5\/37.2-814","metadata":false},{"id":63792,"structure_id":14586,"section_number":"37.2-815","catch_line":"Commitment hearing for involuntary admission; examination required","url":"\/37.2-815\/","token":"37.2\/III\/8\/5\/37.2-815","metadata":false},{"id":83491,"structure_id":14586,"section_number":"37.2-816","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; preadmission screening report","url":"\/37.2-816\/","token":"37.2\/III\/8\/5\/37.2-816","metadata":false},{"id":61292,"structure_id":14586,"section_number":"37.2-817","catch_line":"(Effective July 1, 2026) Involuntary admission","url":"\/37.2-817\/","token":"37.2\/III\/8\/5\/37.2-817","metadata":false},{"id":71749,"structure_id":14586,"section_number":"37.2-817.01","catch_line":"Mandatory outpatient treatment","url":"\/37.2-817.01\/","token":"37.2\/III\/8\/5\/37.2-817.01","metadata":false},{"id":71942,"structure_id":14586,"section_number":"37.2-817.1","catch_line":"Monitoring and court review of mandatory outpatient treatment","url":"\/37.2-817.1\/","token":"37.2\/III\/8\/5\/37.2-817.1","metadata":false},{"id":79581,"structure_id":14586,"section_number":"37.2-817.2","catch_line":"Repealed","url":"\/37.2-817.2\/","token":"37.2\/III\/8\/5\/37.2-817.2","metadata":false},{"id":59489,"structure_id":14586,"section_number":"37.2-817.3","catch_line":"Repealed","url":"\/37.2-817.3\/","token":"37.2\/III\/8\/5\/37.2-817.3","metadata":false},{"id":61384,"structure_id":14586,"section_number":"37.2-817.4","catch_line":"Continuation of mandatory outpatient treatment order","url":"\/37.2-817.4\/","token":"37.2\/III\/8\/5\/37.2-817.4","metadata":false},{"id":56084,"structure_id":14586,"section_number":"37.2-818","catch_line":"Commitment hearing for involuntary admission; recordings and records","url":"\/37.2-818\/","token":"37.2\/III\/8\/5\/37.2-818","metadata":false},{"id":75630,"structure_id":14586,"section_number":"37.2-819","catch_line":"Order of involuntary admission or mandatory outpatient treatment forwarded to CCRE; certain voluntary admissions forwarded to CCRE; firearm background check","url":"\/37.2-819\/","token":"37.2\/III\/8\/5\/37.2-819","metadata":false},{"id":78780,"structure_id":14586,"section_number":"37.2-820","catch_line":"Place of hearing","url":"\/37.2-820\/","token":"37.2\/III\/8\/5\/37.2-820","metadata":false},{"id":75804,"structure_id":14586,"section_number":"37.2-821","catch_line":"Appeal of involuntary admission or certification order","url":"\/37.2-821\/","token":"37.2\/III\/8\/5\/37.2-821","metadata":false},{"id":80725,"structure_id":14586,"section_number":"37.2-822","catch_line":"Treatment of person admitted while appeal is pending","url":"\/37.2-822\/","token":"37.2\/III\/8\/5\/37.2-822","metadata":false},{"id":84332,"structure_id":14586,"section_number":"37.2-823","catch_line":"Examination of admission papers by director; examination of persons admitted","url":"\/37.2-823\/","token":"37.2\/III\/8\/5\/37.2-823","metadata":false},{"id":72891,"structure_id":14586,"section_number":"37.2-824","catch_line":"Periodic review of all persons for purposes of retention","url":"\/37.2-824\/","token":"37.2\/III\/8\/5\/37.2-824","metadata":false},{"id":80215,"structure_id":14586,"section_number":"37.2-825","catch_line":"Admission raises no presumption of legal incapacity","url":"\/37.2-825\/","token":"37.2\/III\/8\/5\/37.2-825","metadata":false},{"id":60842,"structure_id":14586,"section_number":"37.2-826","catch_line":"Disposition of nonresidents","url":"\/37.2-826\/","token":"37.2\/III\/8\/5\/37.2-826","metadata":false},{"id":73916,"structure_id":14586,"section_number":"37.2-827","catch_line":"Repealed","url":"\/37.2-827\/","token":"37.2\/III\/8\/5\/37.2-827","metadata":false},{"id":68136,"structure_id":14586,"section_number":"37.2-828","catch_line":"Receiving and maintaining federal prisoners in state facilities","url":"\/37.2-828\/","token":"37.2\/III\/8\/5\/37.2-828","metadata":false}],"previous_section":{"id":71749,"structure_id":14586,"section_number":"37.2-817.01","catch_line":"Mandatory outpatient treatment","url":"\/37.2-817.01\/","token":"37.2\/III\/8\/5\/37.2-817.01","metadata":false},"next_section":{"id":79581,"structure_id":14586,"section_number":"37.2-817.2","catch_line":"Repealed","url":"\/37.2-817.2\/","token":"37.2\/III\/8\/5\/37.2-817.2","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/37.2-817.1\/","history_text":"

This law was first created in 2008. The record of its establishment is cataloged in chapters 850<\/a> and 870<\/a> of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. It has been modified 2 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2010, chapters 330<\/a> and 461<\/a>; in 2022, chapter 763<\/a>.<\/p>","references":[{"id":61384,"section_number":"37.2-817.4","catch_line":"Continuation of mandatory outpatient treatment order","order_by":null,"url":"\/37.2-817.4\/"}],"refers_to":[{"id":61742,"section_number":"37.2-808","catch_line":"(Effective July 1, 2026) Emergency custody; issuance and execution of order","order_by":null,"url":"\/37.2-808\/"},{"id":70156,"section_number":"37.2-809","catch_line":"(Effective July 1, 2026) Involuntary temporary detention; issuance and execution of order","order_by":null,"url":"\/37.2-809\/"},{"id":63792,"section_number":"37.2-815","catch_line":"Commitment hearing for involuntary admission; examination required","order_by":null,"url":"\/37.2-815\/"},{"id":71749,"section_number":"37.2-817.01","catch_line":"Mandatory outpatient treatment","order_by":null,"url":"\/37.2-817.01\/"},{"id":61384,"section_number":"37.2-817.4","catch_line":"Continuation of mandatory outpatient treatment order","order_by":null,"url":"\/37.2-817.4\/"},{"id":65220,"section_number":"54.1-2986","catch_line":"Procedure in absence of an advance directive; procedure for advance directive without agent; no presumption; persons who may authorize health care for patients incapable of informed decisions","order_by":null,"url":"\/54.1-2986\/"}],"permalink":{"id":210361,"object_type":"law","relational_id":71942,"identifier":"37.2-817.1","token":"37.2\/III\/8\/5\/37.2-817.1","url":"\/37.2-817.1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/37.2-817.1\/","token":"37.2\/III\/8\/5\/37.2-817.1","dublin_core":{"Title":"Monitoring and court review of mandatory outpatient treatment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 37.2-817.1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> As used in this section, “material nonadherence<\/span>” means deviation from a comprehensive mandatory outpatient treatment plan by a person who is subject to an order<\/span> for mandatory outpatient treatment following a period of involuntary inpatient treatment pursuant to subsection C or D of § 37.2-817.01<\/a> or an order<\/span> for mandatory outpatient treatment pursuant to subsection B of § 37.2-817.01<\/a> that it is likely to lead to the person’s relapse or deterioration and for which the person cannot provide a reasonable explanation. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> The community services board<\/span> where the person resides shall monitor the person’s progress and adherence to the comprehensive mandatory outpatient treatment plan prepared in accordance with § 37.2-817.01<\/a>. Such monitoring shall include (i) contacting or making documented efforts to contact the person regarding the comprehensive mandatory outpatient treatment plan and any support necessary for the person to adhere to the comprehensive mandatory outpatient treatment plan, (ii) contacting the service providers to determine if the person is adhering to the comprehensive mandatory outpatient treatment plan and, in the event of material nonadherence<\/span>, if the person fails or refuses to cooperate with efforts of the community services board<\/span> or providers of services identified in the comprehensive mandatory outpatient treatment plan to address the factors leading to the person’s material nonadherence<\/span>, petitioning for a review hearing<\/span> pursuant to this section. Service providers identified in the comprehensive mandatory outpatient treatment plan shall report any material nonadherence<\/span> and any material changes in the person’s condition to the community services board<\/span>. Any finding<\/span> of material nonadherence<\/span> shall be based upon a totality of the circumstances. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The community services board<\/span> responsible for monitoring the person’s progress and adherence to the comprehensive mandatory outpatient treatment plan shall report monthly, in writing, to the court<\/span> regarding the person’s and the community services board<\/span>’s compliance with the provisions of the comprehensive mandatory outpatient treatment plan. If the community services board<\/span> determines that the deterioration of the condition or behavior of a person who is subject to an order<\/span> for mandatory outpatient treatment following a period of involuntary inpatient treatment pursuant to subsection C or D of § 37.2-817.01<\/a> or a mandatory outpatient treatment order<\/span> pursuant to subsection B of § 37.2-817.01<\/a> is such that there is a substantial likelihood that, as a result of the person’s mental illness<\/span>, the person will, in the near future, (i) 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 (ii) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs, it shall immediately request that the magistrate<\/span> issue<\/span> an emergency custody<\/span> order<\/span> pursuant to § 37.2-808<\/a> or a temporary detention order<\/span> pursuant to § 37.2-809<\/a>. Entry of an emergency custody<\/span> order<\/span>, temporary detention order<\/span>, or involuntary inpatient treatment order<\/span> shall suspend but not rescind an existing order<\/span> for mandatory outpatient treatment following a period of involuntary inpatient treatment pursuant to subsection C or D of § 37.2-817.01<\/a> or a mandatory outpatient treatment order<\/span> pursuant to subsection B of § 37.2-817.01<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The district court<\/span> judge<\/span> or special justice<\/span> shall hold a hearing<\/span> within five days after receiving the petition<\/span> for review of the comprehensive mandatory outpatient treatment plan; however, if the fifth day is a Saturday, Sunday, legal holiday, or day on which the court<\/span> is lawfully closed, the hearing<\/span> shall be held by the close of business on the next day that is not a Saturday, Sunday, legal holiday, or day on which the court<\/span> is lawfully closed. The clerk shall provide notice of the hearing<\/span> to the person, the community services board<\/span>, all treatment providers listed in the comprehensive mandatory outpatient treatment order<\/span> or discharge plan, and the original petitioner for the person’s involuntary treatment. If the person is not represented by counsel<\/span>, the court<\/span> shall appoint an attorney to represent the person in this hearing<\/span> and any subsequent hearing<\/span> under this section or \u00a7 37.2-817.4<\/a>, giving consideration to appointing the attorney who represented the person at the proceeding that resulted in the issuance of the mandatory outpatient treatment order<\/span> or order<\/span> for mandatory outpatient treatment following a period of involuntary inpatient treatment. The same judge<\/span> or special justice<\/span> that presided over the hearing<\/span> resulting in the mandatory outpatient treatment order<\/span> or order<\/span> for mandatory outpatient treatment following a period of involuntary inpatient treatment need not preside at the nonadherence hearing<\/span> or any subsequent hearings<\/span>. The community services board<\/span> shall offer to arrange the person’s transportation to the hearing<\/span> if the person is not detained and has no other source of transportation.\n\t\t\tAny of the following may petition<\/span> the court<\/span> for a hearing<\/span> pursuant to this subsection: (i) the person who is subject to the mandatory outpatient treatment order<\/span> or order<\/span> for mandatory outpatient treatment following a period of involuntary inpatient treatment; (ii) the community services board<\/span> responsible for monitoring the person’s progress and adherence to the mandatory outpatient treatment order<\/span> or order<\/span> for mandatory outpatient treatment following a period of involuntary inpatient treatment; (iii) a treatment provider designated in the comprehensive mandatory outpatient treatment plan; (iv) the person who originally filed the petition<\/span> that resulted in the entry of the mandatory outpatient treatment order<\/span> or order<\/span> for mandatory outpatient treatment following a period of involuntary inpatient treatment; (v) any health care agent designated in the advance directive of the person who is the subject of the mandatory outpatient treatment order<\/span> or order<\/span> for mandatory outpatient treatment following a period of involuntary inpatient treatment; or (vi) if the person who is the subject of the mandatory outpatient treatment order<\/span> or order<\/span> for mandatory outpatient treatment following a period of involuntary inpatient treatment has been determined to be incapable of making an informed decision, the person’s guardian or other person authorized to make health care decisions for the person pursuant to \u00a7 54.1-2986<\/a>.\n\t\t\tA petition<\/span> filed pursuant to this subsection may request that the court<\/span> do any of the following: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> Enforce a mandatory outpatient treatment order<\/span> or order<\/span> for mandatory outpatient treatment following a period of involuntary inpatient treatment and require the person who is the subject of the order<\/span> to adhere to the comprehensive mandatory outpatient treatment plan, in the case of material nonadherence<\/span>; <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> Modify a mandatory outpatient treatment order<\/span> or order<\/span> for mandatory outpatient treatment following a period of involuntary inpatient treatment or a comprehensive mandatory outpatient treatment plan due to a change in circumstances, including changes in the condition, behavior, living arrangement, or access to services of the person who is the subject to the order<\/span>; or <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> Rescind a mandatory outpatient treatment order<\/span> or order<\/span> for mandatory outpatient treatment following a period of involuntary inpatient treatment.\n\t\t\t\tAt any time after 30 days from entry of the mandatory outpatient treatment order<\/span> pursuant to subsection B of § 37.2-817.01<\/a> or from the discharge of the person from involuntary inpatient treatment pursuant to an order<\/span> under subsection C or D of § 37.2-817.01<\/a>, the person may petition<\/span> the court<\/span> to rescind the order<\/span>. The person shall not file a petition<\/span> to rescind the order<\/span> more than once during a 90-day period. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If requested in a petition<\/span> filed pursuant to subsection D or on the court<\/span>’s own motion<\/span>, the court<\/span> may appoint an examiner in accordance with § 37.2-815<\/a> who shall personally examine the person on or before the date of the review, as directed by the court<\/span>, and certify to the court<\/span> whether or not he has probable cause<\/span> to believe that the person meets the criteria for mandatory outpatient treatment as specified in subsection B, C, or D of § 37.2-817.01<\/a>, as may be applicable. The examination shall include all applicable requirements of § 37.2-815<\/a>. The certification of the examiner may be admitted into evidence<\/span> without the appearance<\/span> of the examiner at the hearing<\/span> if not objected to by the person or his attorney. If the person is not incarcerated or receiving treatment in an inpatient facility<\/span>, the community services board<\/span> shall arrange for the person to be examined at a convenient location and time. The community services board<\/span> shall offer to arrange for the person’s transportation to the examination if the person has no other source of transportation and resides within the service area<\/span> or an adjacent service area<\/span> of the community services board<\/span>. If the person refuses or fails to appear, the community services board<\/span> shall notify the court<\/span>, or a magistrate<\/span> if the court<\/span> is not available, and the court<\/span> or magistrate<\/span> shall issue<\/span> a mandatory examination order<\/span> and capias<\/span> directing the primary law<\/span>-enforcement agency in the jurisdiction<\/span> where the person resides to transport the person to the examination. The person shall remain in custody<\/span> until a temporary detention order<\/span> is issued or until the person is released, but in no event shall the period exceed eight hours. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> If the person fails to appear for the hearing<\/span>, the court<\/span> may, after consideration of any evidence<\/span> regarding why the person failed to appear at the hearing<\/span>, (i) dismiss the petition<\/span>, (ii) issue<\/span> an emergency custody<\/span> order<\/span> pursuant to § 37.2-808<\/a>, or (iii) reschedule the hearing<\/span> pursuant to subsection D and issue<\/span> a subpoena<\/span> for the person’s appearance<\/span> at the hearing<\/span> and enter an order<\/span> for mandatory examination, to be conducted prior to the hearing<\/span> and in accordance with subsection E. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> After observing the person and considering (i) the recommendations of any treating or examining physician or psychologist licensed to practice in the Commonwealth, if available, (ii) the person’s adherence to the comprehensive mandatory outpatient treatment plan, (iii) any past mental health treatment<\/span> of the person, (iv) any examiner’s certification, (v) any health records available, (vi) any report from the community services board<\/span>, and (vii) any other relevant evidence<\/span> that may have been admitted at the hearing<\/span>, the judge<\/span> or special justice<\/span> shall make one of the following dispositions<\/span>: <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

1.<\/span> In a hearing<\/span> on any petition<\/span> seeking enforcement of a mandatory outpatient treatment order<\/span>, upon finding<\/span> that continuing mandatory outpatient treatment is warranted, the court<\/span> shall direct the person to fully comply with the mandatory outpatient treatment order<\/span> or order<\/span> for mandatory outpatient treatment following a period of involuntary inpatient treatment and may make any modifications to such order<\/span> or the comprehensive mandatory outpatient treatment plan that are acceptable to the community services board<\/span> or treatment provider responsible for the person’s treatment. In determining the appropriateness of the outpatient treatment specified in such order<\/span> and the comprehensive mandatory outpatient treatment plan, the court<\/span> may consider the person’s material nonadherence<\/span> to the existing mandatory treatment order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

2.<\/span> In a hearing<\/span> on any petition<\/span> seeking modification of a mandatory outpatient treatment order<\/span> or order<\/span> for mandatory outpatient treatment following a period of involuntary inpatient treatment, upon a finding<\/span> that (i) one or more modifications of the order<\/span> would benefit the person and help prevent relapse or deterioration of the person’s condition, (ii) the community services board<\/span> and the treatment provider responsible for the person’s treatment are able to provide services consistent with such modification, and (iii) the person is able to adhere to the modified comprehensive mandatory outpatient treatment plan, the court<\/span> may order<\/span> such modification of the mandatory outpatient treatment order<\/span> or order<\/span> for mandatory outpatient treatment following a period of involuntary inpatient treatment or the comprehensive mandatory outpatient treatment plan as the court<\/span> finds appropriate. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

3.<\/span> In a hearing<\/span> on any petition<\/span> filed to enforce, modify, or rescind a mandatory outpatient treatment order<\/span>, upon finding<\/span> that mandatory outpatient treatment is no longer appropriate, the court<\/span> may rescind the order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

H.<\/span> The judge<\/span> or special justice<\/span> may schedule periodic status hearings<\/span> for the purpose of obtaining information regarding the person’s progress while the mandatory outpatient treatment order<\/span> or order<\/span> for mandatory outpatient treatment following a period of involuntary inpatient treatment remains in effect. The clerk shall provide notice of the hearing<\/span> to the person who is the subject of the order<\/span> and the community services board<\/span> responsible for monitoring the person’s condition and adherence to the plan. The person shall have the right to be represented by counsel<\/span> at the hearing<\/span>, and if the person does not have counsel<\/span> the court<\/span> shall appoint an attorney to represent the person. However, status hearings<\/span> may be held without counsel<\/span> present by mutual consent of the parties. The community services board<\/span> shall offer to arrange the person’s transportation to the hearing<\/span> if the person is not detained and has no other source of transportation. During a status hearing<\/span>, the treatment plan may be amended upon mutual agreement of the parties. Contested matters shall not be decided during a status hearing<\/span>, nor shall any decision regarding enforcement, rescission, or renewal of the order<\/span> be entered. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nMONITORING AND COURT REVIEW OF MANDATORY OUTPATIENT TREATMENT (\u00a7 37.2-817.1)\n\nA. As used in this section, “material nonadherence” means deviation\nfrom a comprehensive mandatory outpatient treatment plan by a person who is\nsubject to an order for mandatory outpatient treatment following a period of\ninvoluntary inpatient treatment pursuant to subsection C or D of §\n37.2-817.01 or an order for mandatory outpatient treatment pursuant to\nsubsection B of § 37.2-817.01 that it is likely to lead to the\nperson’s relapse or deterioration and for which the person cannot provide\na reasonable explanation.\n\nB. The community services board where the person resides shall monitor the\nperson’s progress and adherence to the comprehensive mandatory outpatient\ntreatment plan prepared in accordance with § 37.2-817.01. Such monitoring\nshall include (i) contacting or making documented efforts to contact the person\nregarding the comprehensive mandatory outpatient treatment plan and any support\nnecessary for the person to adhere to the comprehensive mandatory outpatient\ntreatment plan, (ii) contacting the service providers to determine if the person\nis adhering to the comprehensive mandatory outpatient treatment plan and, in the\nevent of material nonadherence, if the person fails or refuses to cooperate with\nefforts of the community services board or providers of services identified in\nthe comprehensive mandatory outpatient treatment plan to address the factors\nleading to the person’s material nonadherence, petitioning for a review\nhearing pursuant to this section. Service providers identified in the\ncomprehensive mandatory outpatient treatment plan shall report any material\nnonadherence and any material changes in the person’s condition to the\ncommunity services board. Any finding of material nonadherence shall be based\nupon a totality of the circumstances.\n\nC. The community services board responsible for monitoring the person’s\nprogress and adherence to the comprehensive mandatory outpatient treatment plan\nshall report monthly, in writing, to the court regarding the person’s and\nthe community services board’s compliance with the provisions of the\ncomprehensive mandatory outpatient treatment plan. If the community services\nboard determines that the deterioration of the condition or behavior of a person\nwho is subject to an order for mandatory outpatient treatment following a period\nof involuntary inpatient treatment pursuant to subsection C or D of §\n37.2-817.01 or a mandatory outpatient treatment order pursuant to subsection B\nof § 37.2-817.01 is such that there is a substantial likelihood that, as a\nresult of the person’s mental illness, the person will, in the near\nfuture, (i) cause serious physical harm to himself or others as evidenced by\nrecent behavior causing, attempting, or threatening harm and other relevant\ninformation, if any, or (ii) suffer serious harm due to his lack of capacity to\nprotect himself from harm or to provide for his basic human needs, it shall\nimmediately request that the magistrate issue an emergency custody order\npursuant to § 37.2-808 or a temporary detention order pursuant to §\n37.2-809. Entry of an emergency custody order, temporary detention order, or\ninvoluntary inpatient treatment order shall suspend but not rescind an existing\norder for mandatory outpatient treatment following a period of involuntary\ninpatient treatment pursuant to subsection C or D of § 37.2-817.01 or a\nmandatory outpatient treatment order pursuant to subsection B of §\n37.2-817.01.\n\nD. The district court judge or special justice shall hold a hearing within five\ndays after receiving the petition for review of the comprehensive mandatory\noutpatient treatment plan; however, if the fifth day is a Saturday, Sunday,\nlegal holiday, or day on which the court is lawfully closed, the hearing shall\nbe held by the close of business on the next day that is not a Saturday, Sunday,\nlegal holiday, or day on which the court is lawfully closed. The clerk shall\nprovide notice of the hearing to the person, the community services board, all\ntreatment providers listed in the comprehensive mandatory outpatient treatment\norder or discharge plan, and the original petitioner for the person’s\ninvoluntary treatment. If the person is not represented by counsel, the court\nshall appoint an attorney to represent the person in this hearing and any\nsubsequent hearing under this section or \u00a7 37.2-817.4, giving consideration to\nappointing the attorney who represented the person at the proceeding that\nresulted in the issuance of the mandatory outpatient treatment order or order\nfor mandatory outpatient treatment following a period of involuntary inpatient\ntreatment. The same judge or special justice that presided over the hearing\nresulting in the mandatory outpatient treatment order or order for mandatory\noutpatient treatment following a period of involuntary inpatient treatment need\nnot preside at the nonadherence hearing or any subsequent hearings. The\ncommunity services board shall offer to arrange the person’s\ntransportation to the hearing if the person is not detained and has no other\nsource of transportation.\n\t\t\tAny of the following may petition the court for a hearing pursuant to this\nsubsection: (i) the person who is subject to the mandatory outpatient treatment\norder or order for mandatory outpatient treatment following a period of\ninvoluntary inpatient treatment; (ii) the community services board responsible\nfor monitoring the person’s progress and adherence to the mandatory\noutpatient treatment order or order for mandatory outpatient treatment following\na period of involuntary inpatient treatment; (iii) a treatment provider\ndesignated in the comprehensive mandatory outpatient treatment plan; (iv) the\nperson who originally filed the petition that resulted in the entry of the\nmandatory outpatient treatment order or order for mandatory outpatient treatment\nfollowing a period of involuntary inpatient treatment; (v) any health care agent\ndesignated in the advance directive of the person who is the subject of the\nmandatory outpatient treatment order or order for mandatory outpatient treatment\nfollowing a period of involuntary inpatient treatment; or (vi) if the person who\nis the subject of the mandatory outpatient treatment order or order for\nmandatory outpatient treatment following a period of involuntary inpatient\ntreatment has been determined to be incapable of making an informed decision,\nthe person’s guardian or other person authorized to make health care\ndecisions for the person pursuant to \u00a7 54.1-2986.\n\t\t\tA petition filed pursuant to this subsection may request that the court do\nany of the following:\n\n 1. Enforce a mandatory outpatient treatment order or order for mandatory\n outpatient treatment following a period of involuntary inpatient treatment and\n require the person who is the subject of the order to adhere to the\n comprehensive mandatory outpatient treatment plan, in the case of material\n nonadherence;\n\n 2. Modify a mandatory outpatient treatment order or order for mandatory\n outpatient treatment following a period of involuntary inpatient treatment or\n a comprehensive mandatory outpatient treatment plan due to a change in\n circumstances, including changes in the condition, behavior, living\n arrangement, or access to services of the person who is the subject to the\n order; or\n\n 3. Rescind a mandatory outpatient treatment order or order for mandatory\n outpatient treatment following a period of involuntary inpatient treatment.\n \t\t\t\tAt any time after 30 days from entry of the mandatory outpatient treatment\n order pursuant to subsection B of § 37.2-817.01 or from the discharge of\n the person from involuntary inpatient treatment pursuant to an order under\n subsection C or D of § 37.2-817.01, the person may petition the court to\n rescind the order. The person shall not file a petition to rescind the order\n more than once during a 90-day period.\n\nE. If requested in a petition filed pursuant to subsection D or on the\ncourt’s own motion, the court may appoint an examiner in accordance with\n§ 37.2-815 who shall personally examine the person on or before the date of\nthe review, as directed by the court, and certify to the court whether or not he\nhas probable cause to believe that the person meets the criteria for mandatory\noutpatient treatment as specified in subsection B, C, or D of §\n37.2-817.01, as may be applicable. The examination shall include all applicable\nrequirements of § 37.2-815. The certification of the examiner may be\nadmitted into evidence without the appearance of the examiner at the hearing if\nnot objected to by the person or his attorney. If the person is not incarcerated\nor receiving treatment in an inpatient facility, the community services board\nshall arrange for the person to be examined at a convenient location and time.\nThe community services board shall offer to arrange for the person’s\ntransportation to the examination if the person has no other source of\ntransportation and resides within the service area or an adjacent service area\nof the community services board. If the person refuses or fails to appear, the\ncommunity services board shall notify the court, or a magistrate if the court is\nnot available, and the court or magistrate shall issue a mandatory examination\norder and capias directing the primary law-enforcement agency in the\njurisdiction where the person resides to transport the person to the\nexamination. The person shall remain in custody until a temporary detention\norder is issued or until the person is released, but in no event shall the\nperiod exceed eight hours.\n\nF. If the person fails to appear for the hearing, the court may, after\nconsideration of any evidence regarding why the person failed to appear at the\nhearing, (i) dismiss the petition, (ii) issue an emergency custody order\npursuant to § 37.2-808, or (iii) reschedule the hearing pursuant to\nsubsection D and issue a subpoena for the person’s appearance at the\nhearing and enter an order for mandatory examination, to be conducted prior to\nthe hearing and in accordance with subsection E.\n\nG. After observing the person and considering (i) the recommendations of any\ntreating or examining physician or psychologist licensed to practice in the\nCommonwealth, if available, (ii) the person’s adherence to the\ncomprehensive mandatory outpatient treatment plan, (iii) any past mental health\ntreatment of the person, (iv) any examiner’s certification, (v) any health\nrecords available, (vi) any report from the community services board, and (vii)\nany other relevant evidence that may have been admitted at the hearing, the\njudge or special justice shall make one of the following dispositions:\n\n 1. In a hearing on any petition seeking enforcement of a mandatory outpatient\n treatment order, upon finding that continuing mandatory outpatient treatment\n is warranted, the court shall direct the person to fully comply with the\n mandatory outpatient treatment order or order for mandatory outpatient\n treatment following a period of involuntary inpatient treatment and may make\n any modifications to such order or the comprehensive mandatory outpatient\n treatment plan that are acceptable to the community services board or\n treatment provider responsible for the person’s treatment. In\n determining the appropriateness of the outpatient treatment specified in such\n order and the comprehensive mandatory outpatient treatment plan, the court may\n consider the person’s material nonadherence to the existing mandatory\n treatment order.\n\n 2. In a hearing on any petition seeking modification of a mandatory outpatient\n treatment order or order for mandatory outpatient treatment following a period\n of involuntary inpatient treatment, upon a finding that (i) one or more\n modifications of the order would benefit the person and help prevent relapse\n or deterioration of the person’s condition, (ii) the community services\n board and the treatment provider responsible for the person’s treatment\n are able to provide services consistent with such modification, and (iii) the\n person is able to adhere to the modified comprehensive mandatory outpatient\n treatment plan, the court may order such modification of the mandatory\n outpatient treatment order or order for mandatory outpatient treatment\n following a period of involuntary inpatient treatment or the comprehensive\n mandatory outpatient treatment plan as the court finds appropriate.\n\n 3. In a hearing on any petition filed to enforce, modify, or rescind a\n mandatory outpatient treatment order, upon finding that mandatory outpatient\n treatment is no longer appropriate, the court may rescind the order.\n\nH. The judge or special justice may schedule periodic status hearings for the\npurpose of obtaining information regarding the person’s progress while the\nmandatory outpatient treatment order or order for mandatory outpatient treatment\nfollowing a period of involuntary inpatient treatment remains in effect. The\nclerk shall provide notice of the hearing to the person who is the subject of\nthe order and the community services board responsible for monitoring the\nperson’s condition and adherence to the plan. The person shall have the\nright to be represented by counsel at the hearing, and if the person does not\nhave counsel the court shall appoint an attorney to represent the person.\nHowever, status hearings may be held without counsel present by mutual consent\nof the parties. The community services board shall offer to arrange the\nperson’s transportation to the hearing if the person is not detained and\nhas no other source of transportation. During a status hearing, the treatment\nplan may be amended upon mutual agreement of the parties. Contested matters\nshall not be decided during a status hearing, nor shall any decision regarding\nenforcement, rescission, or renewal of the order be entered.\n\nHISTORY: 2008, cc. 850, 870; 2010, cc. 330, 461; 2021, Sp. Sess. I, c. 221;\n2022, c. 763.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}