CHAPTER 591
An Act to amend and reenact §37.2-821 of the Code of
Virginia, relating to appeal of involuntary admission, certification, or
mandatory outpatient treatment orders.
[S 63]
Approved April 11, 2010
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 the party noting the appeal
such person. The court may transfer the case upon a finding that the other
forum is more convenient. An appeal shall be filed within 30 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. 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 this article (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. The
circuit court may require an independent evaluation of the person pursuant to §
37.2-815, or may rely upon the evaluation report in the commitment hearing from
which the appeal is taken. 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. 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. 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. 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.
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