                                 CODE OF VIRGINIA

CONTINUATION OF MANDATORY OUTPATIENT TREATMENT ORDER (§ 37.2-817.4)

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 &#xA7; 37.2-817.1 may petition the court
to continue the order for a period not to exceed 180 days.

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 &#xA7; 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 &#xA7; 37.2-817.1. The community services board required to
monitor the person&#8217;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 &#xA7; 37.2-817.01 or order for
mandatory outpatient treatment following a period of involuntary inpatient
treatment pursuant to subsection C or D of &#xA7; 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&#8217;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 &#xA7;
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&#8217;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.

HISTORY: 2008, cc. 850, 870; 2010, cc. 330, 461; 2021, Sp. Sess. I, c. 221;
2022, c. 763.