Bill Text: VA SB86 | 2011 | Regular Session | Introduced
Bill Title: Voluntary admission; person admitted to facility for mental health treatment after detention order.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2010-12-02 - Senate: Left in Courts of Justice [SB86 Detail]
Download: Virginia-2011-SB86-Introduced.html
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10101418D Be it enacted by the General Assembly of Virginia: 1. That §§ 37.2-805, 37.2-813, and 37.2-819 of the Code of Virginia are amended and reenacted as follows: § 37.2-805. Voluntary admission. Any 1. Upon
request of the person and agreement of the proposed admitting facility. If
the proposed admitting facility is a state facility, the
person may be admitted upon request and agreement
of the proposed admitting facility only after the person
has been 2. In accordance with the provisions of § 37.2-805.1 authorizing admission to a facility by an agent in accordance with a valid advance directive, 37.2-813, or 37.2-814. § 37.2-813. Release from custody or voluntary admission prior to commitment hearing for involuntary admission.
The attending or consulting physician of any person who is detained pursuant to § 37.2-809 may voluntarily admit the person prior to a hearing for involuntary admission as provided in §§ 37.2-814 through 37.2-819 if he determines, following an in-person evaluation of the person, consideration of information provided by the petitioner or contained in the petition for temporary detention, and consultation with the community services board, that the person is capable of accepting voluntary admission and treatment, and willing to accept voluntary admission and treatment. Prior to voluntarily admitting a person pursuant to this subsection, the attending or consulting physician shall advise the person (i) that as a condition of being admitted voluntarily, the person shall be required to give the facility to which he is admitted at least 48 hours' notice prior to leaving the facility, and (ii) that if the person accepts voluntary admission, he will be prohibited from possessing, purchasing, or transporting a firearm pursuant to § 18.2-308.1:3. Upon the release from custody or voluntary admission of a person pursuant to this section, the person's attending or consulting physician or other representative of the facility in which the person was involuntarily detained, shall notify the clerk of the court in which the case against the person is pending, on a form developed by the Department for such purpose, that the person has been released or admitted voluntarily. Upon receipt of such notice, the clerk of the court shall notify the court and the court shall dismiss the petition. Upon receipt of an order dismissing the petitioner, the clerk shall certify and forward to the Central Criminal Records Exchange, on a form provided by the Exchange, a copy of the order as required by § 37.2-819. For the purposes of this section, "attending or consulting physician" means a physician on the medical staff of a facility in which a person is detained pursuant to § 37.2-809, who is responsible for providing health care services to that person. § 37.2-819. Order of involuntary admission or involuntary outpatient treatment forwarded to CCRE; certain voluntary admissions forwarded to CCRE; firearm background check. A. Upon receipt of any order from a commitment hearing issued pursuant to this chapter for involuntary admission to a facility, the clerk of court shall, as soon as practicable but not later than the close of business on the next following business day, certify and forward to the Central Criminal Records Exchange, on a form provided by the Exchange, a copy of the order. Upon receipt of any order from a commitment hearing issued pursuant to this chapter for mandatory outpatient treatment, the clerk of court shall, prior to the close of that business day, certify and forward to the Central Criminal Records Exchange, on a form provided by the exchange, a copy of the order. B. The clerk of court shall also, as soon as practicable but no later than the close of business on the next following business day, forward upon receipt to the Central Criminal Records Exchange, on a form provided by the Exchange, certification of any person who has been the subject of a temporary detention order pursuant to § 37.2-809, and who, after being advised by the judge or special justice that he will be prohibited from possessing a firearm pursuant to § 18.2-308.1:3, subsequently agreed to voluntary admission pursuant to § 37.2-805, or has been released from custody or voluntarily admitted for inpatient treatment prior to a hearing for involuntary commitment pursuant to § 37.2-813. C. The copy of the forms and orders sent to the Central
Criminal Records Exchange pursuant to subsection A, and the forms |
