Bill Text: VA HB1482 | 2020 | Regular Session | Enrolled
Bill Title: Involuntary admission or certification of eligibility order; clarifies provisions governing appeals.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2020-03-11 - Governor: Acts of Assembly Chapter text (CHAP0298) [HB1482 Detail]
Download: Virginia-2020-HB1482-Enrolled.html
Be it enacted by the General Assembly of Virginia:
1. That §37.2-821 of the Code of Virginia is amended and reenacted as follows:
§37.2-821. Appeal of involuntary admission or certification order.
A. Any person involuntarily admitted to an inpatient facility
or ordered to mandatory outpatient treatment pursuant to §§37.2-814 through
37.2-819 or certified as eligible for admission pursuant to §37.2-806 shall
have the right to appeal the order to the circuit court in the jurisdiction
where he was involuntarily admitted or ordered to mandatory outpatient
treatment or certified or where the facility to which he was admitted is
located. Choice of venue shall rest with such person. The court may transfer
the case upon a finding that the other forum is more convenient. An appeal
shall be filed within 10 days from the date of the order and shall be given
priority over all other pending matters before the court and heard as soon as
possible, notwithstanding §19.2-241 regarding the time within which the court
shall set criminal cases for trial. A petition for or the pendency of an appeal
shall not suspend any order unless so ordered by a judge or special justice; however,
a person may be released after a petition for or during the pendency of an
appeal pursuant to §37.2-837 or 37.2-838. The clerk of the court from
which an appeal is taken shall immediately transmit the record to the clerk of
the appellate court. The clerk of the circuit court shall provide written
notification of the appeal to the petitioner in the case in accordance with
procedures set forth in §16.1-112. No appeal bond or writ tax shall be
required, and the appeal shall proceed without the payment of costs or other
fees. Costs may be recovered as provided for in §37.2-804.
B. An appeal shall be filed within 10 days from the date of the order and shall be given priority over all other pending matters before the court and heard as soon as possible, notwithstanding §19.2-241 regarding the time within which the court shall set criminal cases for trial. A petition for or the pendency of an appeal shall not suspend any order unless so ordered by a judge or special justice; however, a person may be released after a petition for or during the pendency of an appeal pursuant to §37.2-837 or 37.2-838. If the person is released during the pendency of an appeal, the appeal shall be in accordance with the provisions set forth in §§37.2-844 and 37.2-846.
C. The appeal shall be heard de novo in accordance with
the provisions set forth in §§37.2-802, 37.2-804, 37.2-804.1, 37.2-804.2, and
37.2-805, and (i) §37.2-806 or (ii) §§37.2-814 through 37.2-819,
except that the court in its discretion may rely upon the evaluation report in
the commitment hearing from which the appeal is taken instead of requiring a
new evaluation pursuant to §37.2-815. Any order of the circuit court shall not
extend the period of involuntary admission or mandatory outpatient treatment set
forth in the order appealed from.
D. An order continuing the involuntary admission shall be entered only if the criteria in §37.2-817 are met at the time the appeal is heard.
E. The person so admitted or certified shall be entitled to trial by jury. Seven persons from a panel of 13 shall constitute a jury.
C. F. If the person is not represented by
counsel, the judge shall appoint an attorney to represent him. Counsel so
appointed shall be paid a fee of $75 and his necessary expenses. The order of
the court from which the appeal is taken shall be defended by the attorney for
the Commonwealth.