                                 CODE OF VIRGINIA

COMMITMENT HEARING FOR INVOLUNTARY ADMISSION; EXAMINATION REQUIRED (§ 37.2-815)

A. Notwithstanding &#xA7; 37.2-814, the district court judge or special justice
shall require an examination of the person who is the subject of the hearing by
a psychiatrist or a psychologist who is licensed in Virginia by the Board of
Medicine or the Board of Psychology and is qualified in the diagnosis of mental
illness or, if such a psychiatrist or psychologist is not available, a mental
health professional who (i) is licensed in Virginia through the Department of
Health Professions as a clinical social worker, professional counselor, marriage
and family therapist, or psychiatric advanced practice registered nurse; (ii) is
qualified in the assessment of mental illness; and (iii) has completed a
certification program approved by the Department. The examiner chosen shall be
able to provide an independent clinical evaluation of the person and
recommendations for his placement, care, and treatment. The examiner shall (a)
not be related by blood or marriage to the person, (b) not be responsible for
treating the person, (c) have no financial interest in the admission or
treatment of the person, (d) have no investment interest in the facility
detaining or admitting the person under this chapter, and (e) except for
employees of state hospitals, the U.S. Department of Veterans Affairs, and
community service boards, not be employed by the facility. For purposes of this
section, the term &#8220;investment interest&#8221; shall be as defined in
&#xA7; 37.2-809.

B. The examination conducted pursuant to this section shall be a comprehensive
evaluation of the person conducted in-person or, if that is not practicable, by
two-way electronic video and audio communication system as authorized in &#xA7;
37.2-804.1. Translation or interpreter services shall be provided during the
evaluation where necessary. The examination shall consist of (i) a clinical
assessment that includes a mental status examination; determination of current
use of psychotropic and other medications; a medical and psychiatric history; a
substance use, abuse, or dependency determination; and a determination of the
likelihood that, as a result of mental illness, the person will, in the near
future, suffer serious harm due to his lack of capacity to protect himself from
harm or to provide for his basic human needs; (ii) a substance abuse screening,
when indicated; (iii) a risk assessment that includes an evaluation of the
likelihood that, as a result of mental illness, the person will, in the near
future, cause serious physical harm to himself or others as evidenced by recent
behavior causing, attempting, or threatening harm and other relevant
information, if any; (iv) an assessment of the person&#8217;s capacity to
consent to treatment, including his ability to maintain and communicate choice,
understand relevant information, and comprehend the situation and its
consequences; (v) a review of the temporary detention facility&#8217;s records
for the person, including the treating physician&#8217;s evaluation, any
collateral information, reports of any laboratory or toxicology tests conducted,
and all admission forms and nurses&#8217; notes; (vi) a discussion of treatment
preferences expressed by the person or contained in a document provided by the
person in support of recovery; (vii) an assessment of whether the person meets
the criteria for an order authorizing discharge to mandatory outpatient
treatment following a period of inpatient treatment pursuant to subsection C of
&#xA7; 37.2-817.01; (viii) an assessment of alternatives to involuntary
inpatient treatment; (ix) recommendations for the placement, care, and treatment
of the person; and (x) 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.

C. All such examinations shall be conducted in private. The judge or special
justice shall summons the examiner who shall certify that he has personally
examined the person and state whether he has probable cause to believe that the
person (i) has a mental illness and there is 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, and (ii) requires involuntary inpatient
treatment. The judge or special justice shall not render any decision on the
petition until the examiner has presented his report. The examiner may report
orally at the hearing, but he shall provide a written report of his examination
prior to the hearing. The examiner&#8217;s written certification may be accepted
into evidence unless objected to by the person or his attorney, in which case
the examiner shall attend in person or by electronic communication. When the
examiner attends the hearing in person or by electronic communication, the
examiner shall not be excluded from the hearing pursuant to an order of
sequestration of witnesses.

HISTORY: 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; 2007, c.
400; 2008, cc. 779, 850, 870; 2009, cc. 21, 132, 838; 2010, cc. 330, 461; 2022,
c. 763; 2023, c. 183; 2025, c. 504.