                                 CODE OF VIRGINIA

(EFFECTIVE JULY 1, 2026) INVOLUNTARY ADMISSION (§ 37.2-817)

A. The district court judge or special justice shall render a decision on the
petition for involuntary admission after the appointed examiner has presented
the report required by &#xA7; 37.2-815, and after the community services board
that serves the county or city where the person resides or, if impractical,
where the person is located has presented a preadmission screening report with
recommendations for that person&#8217;s placement, care, and treatment pursuant
to &#xA7; 37.2-816. These reports, if not contested, may constitute sufficient
evidence upon which the district court judge or special justice may base his
decision. The examiner, if not physically present at the hearing, and the
treating physician at the facility of temporary detention shall be available
whenever possible for questioning during the hearing through a two-way
electronic video and audio or telephonic communication system as authorized in
&#xA7; 37.2-804.1.

B. Any employee or designee of the local community services board, as defined in
&#xA7; 37.2-809, representing the community services board that prepared the
preadmission screening report shall attend the hearing in person or, if physical
attendance is not practicable, shall participate in the hearing through a
two-way electronic video and audio or telephonic communication system as
authorized in &#xA7; 37.2-804.1. Where a hearing is held outside of the service
area of the community services board that prepared the preadmission screening
report, and it is not practicable for a representative of the community services
board that prepared the preadmission screening report to attend or participate
in the hearing, arrangements shall be made by the community services board that
prepared the preadmission screening report for an employee or designee of the
community services board serving the area in which the hearing is held to attend
or participate on behalf of the community services board that prepared the
preadmission screening report. The employee or designee of the local community
services board, as defined in &#xA7; 37.2-809, representing the community
services board that prepared the preadmission screening report or attending or
participating on behalf of the community services board that prepared the
preadmission screening report shall not be excluded from the hearing pursuant to
an order of sequestration of witnesses. The community services board that
prepared the preadmission screening report shall remain responsible for the
person subject to the hearing and, prior to the hearing, shall send the
preadmission screening report through certified mail, personal delivery,
facsimile with return receipt acknowledged, or other electronic means with
documented acknowledgment of receipt to the community services board attending
the hearing. Where a community services board attends the hearing on behalf of
the community services board that prepared the preadmission screening report,
the attending community services board shall inform the community services board
that prepared the preadmission screening report of the disposition of the matter
upon the conclusion of the hearing. In addition, the attending community
services board shall transmit the disposition through certified mail, personal
delivery, facsimile with return receipt acknowledged, or other electronic means
with documented acknowledgment of receipt.
			At least 12 hours prior to the hearing, the court shall provide to the
community services board that prepared the preadmission screening report the
time and location of the hearing. If the representative of the community
services board that prepared the preadmission screening report will be present
by telephonic means, the court shall provide the telephone number to the
community services board. If a representative of a community services board will
be attending the hearing on behalf of the community services board that prepared
the preadmission screening report, the community services board that prepared
the preadmission screening report shall promptly communicate the time and
location of the hearing and, if the representative of the community services
board attending on behalf of the community services board that prepared the
preadmission screening report will be present by telephonic means, the telephone
number to the attending community services board.

C. After observing the person and considering (i) the recommendations of any
treating or examining physician or psychologist licensed in Virginia, if
available, (ii) any past actions of the person, (iii) any past mental health
treatment of the person, (iv) any examiner&#8217;s certification, (v) any health
records available, (vi) the preadmission screening report, and (vii) any other
relevant evidence that may have been admitted, including whether the person
recently has been found unrestorably incompetent to stand trial after a hearing
held pursuant to subsection E of &#xA7; 19.2-169.1, if the judge or special
justice finds by clear and convincing evidence that (a) the person has a mental
illness and there is a substantial likelihood that, as a result of mental
illness, the person will, in the near future, (1) 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 (2) suffer serious
harm due to his lack of capacity to protect himself from harm or to provide for
his basic human needs, and (b) all available less restrictive treatment
alternatives to involuntary inpatient treatment that would offer an opportunity
for the improvement of the person&#8217;s condition have been investigated and
determined to be inappropriate, the judge or special justice shall by written
order and specific findings so certify and order that the person be admitted
involuntarily to a facility for a period of treatment not to exceed 30 days from
the date of the court order. Such involuntary admission shall be to a facility
designated by the community services board that serves the county or city in
which the person was examined as provided in &#xA7; 37.2-816. If the community
services board does not designate a facility at the commitment hearing, the
person shall be involuntarily admitted to a facility designated by the
Commissioner. Upon the expiration of an order for involuntary admission, the
person shall be released unless (A) he is involuntarily admitted by further
petition and order of a court, which shall be for a period not to exceed 180
days from the date of the subsequent court order, (B) he makes application for
treatment on a voluntary basis as provided for in &#xA7; 37.2-805, or (C) he is
ordered to mandatory outpatient treatment following a period of inpatient
treatment pursuant to &#xA7; 37.2-817.01.

D. If the judge or special justice finds that the person does not meet the
criteria for involuntary admission and the preadmission screening report
indicates that referral to a community-based outpatient stabilization program
for voluntary treatment would be appropriate, the board or certified evaluator
that prepared the preadmission screening report shall provide the person with
such referral.

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, cc. 458, 716; 2008,
cc. 779, 780, 782, 793, 850, 870; 2009, cc. 21, 838; 2010, cc. 330, 461; 2012,
cc. 300, 451, 501; 2013, c. 179; 2014, cc. 499, 538; 2016, c. 688; 2021, Sp.
Sess. I, c. 221; 2022, c. 763; 2024, c. 780; 2025, c. 504.