Va. Code § 37.2-816

Current with changes from the 2024 legislative session through ch. 845
Section 37.2-816 - [See Note] Commitment hearing for involuntary admission; preadmission screening report

The district court judge or special justice shall require a preadmission screening report from the community services board that serves the county or city where the person resides or, if impractical, where the person is located. The report shall be admitted as evidence of the facts stated therein and shall state (i) whether the person has a mental illness and whether there exists a substantial likelihood that, as a result of mental illness, the person will, in the near future, (a) 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 (b) suffer serious harm due to his lack of capacity to protect himself from harm or to provide for his basic human needs, (ii) whether the person is in need of involuntary inpatient treatment, (iii) whether there is no less restrictive alternative to inpatient treatment, and (iv) the recommendations for that person's placement, care, and treatment including, where appropriate, recommendations for mandatory outpatient treatment. The board shall provide the preadmission screening report to the court prior to the hearing, and the report shall be admitted into evidence and made part of the record of the case. In the case of a person who has been sentenced and committed to the Department of Corrections and who has been examined by a psychiatrist or clinical psychologist, the judge or special justice may proceed to adjudicate whether the person has mental illness and should be involuntarily admitted without requesting a preadmission screening report from the community services board. Behaviors or symptoms that manifest from a neurocognitive disorder, including dementia, or a neurodevelopmental disability, including a developmental disability or intellectual disability, such as autism spectrum disorder, as defined in the most recent edition of the Diagnostic and Statistical Manual of Mental Disorders of the American Psychiatric Association are not sufficient, in themselves, to justify a finding of mental illness within the meaning of this section.

Va. Code § 37.2-816

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, c. 716; 2008, cc. 779, 850, 870; 2009, cc. 21, 838.
Amended by Acts 2024 c. 696,§ 1, eff. 7/1/2024 [See note.].
Amended by Acts 2024 c. 579,§ 1, eff. 7/1/2024 [See note.].
Amended by Acts 2009, § cc.21, 838.
Amended by Acts 2008, § cc. 779, 850, 870.
Amended by Acts 2005, c. 716.
Amended by Acts 2004, § cc. 66, 1014.
Amended by Acts 2001, § cc. 478, 479, 507,658, 837.
Amended by Acts 1998, c. 446.
Amended by Acts 1997, § cc. 558, 921.
Amended by Acts 1996, § cc. 343, 893.
Amended by Acts 1995, § cc. 489, 668, 844.
Amended by Acts 1994, § cc. 736, 907.
Amended by Acts 1992, c. 752.
Amended by Acts 1991, c. 636.
Amended by Acts 1990, § cc. 59, 60, 728,798.
Amended by Acts 1989, c. 716.
Amended by Acts 1988, c. 225.
Amended by Acts 1986, § cc. 349, 609.
Amended by Acts 1985, c. 261.
Amended by Acts 1984, c. 277.
Amended by Acts 1982, c. 471.
Amended by Acts 1980, § cc. 166, 582.
Amended by Acts 1979, c. 426.
Amended by Acts 1976, c. 671, §37.1-67.3.
Acts 2024 c. 579,§ 3, andActs 2024 c. 696,§ 3, provide: "That the provisions of the first enactment of this act shall not become effective unless reenacted by the 2025 Session of the General Assembly."
This section is set out more than once due to postponed, multiple, or conflicting amendments.