2006 Code of Virginia § 37.2-809 - Involuntary temporary detention; issuance and execution of order

37.2-809. Involuntary temporary detention; issuance and execution of order.

A. For the purposes of this section:

"Designee of the local community services board" means an examinerdesignated by the local community services board or behavioral healthauthority who (i) is skilled in the assessment and treatment of mentalillness, (ii) has completed a certification program approved by theDepartment, (iii) is able to provide an independent examination of theperson, (iv) is not related by blood or marriage to the person beingevaluated, (v) has no financial interest in the admission or treatment of theperson being evaluated, (vi) has no investment interest in the facilitydetaining or admitting the person under this article, and (vii) except foremployees of state hospitals and of the U.S. Department of Veterans Affairs,is not employed by the facility.

"Employee" means an employee of the local community services board orbehavioral health authority who is skilled in the assessment and treatment ofmental illness and has completed a certification program approved by theDepartment.

"Investment interest" means the ownership or holding of an equity or debtsecurity, including shares of stock in a corporation, interests or units of apartnership, bonds, debentures, notes, or other equity or debt instruments.

B. A magistrate may issue, upon the sworn petition of any responsible personor upon his own motion and only after an in-person evaluation by an employeeor a designee of the local community services board, a temporary detentionorder if it appears from all evidence readily available, including anyrecommendation from a physician or clinical psychologist treating the person,that the person (i) has mental illness, (ii) presents an imminent danger tohimself or others as a result of mental illness or is so seriously mentallyill as to be substantially unable to care for himself, (iii) is in need ofhospitalization or treatment, and (iv) is unwilling to volunteer or incapableof volunteering for hospitalization or treatment.

C. A magistrate may issue a temporary detention order without an emergencycustody order proceeding. A magistrate may issue a temporary detention orderwithout a prior in-person evaluation if (i) the person has been personallyexamined within the previous 72 hours by an employee or a designee of thelocal community services board or (ii) there is a significant physical,psychological, or medical risk to the person or to others associated withconducting such evaluation.

D. An employee or a designee of the local community services board shalldetermine the facility of temporary detention for all individuals detainedpursuant to this section. The facility of temporary detention shall be onethat has been approved pursuant to regulations of the Board. The facilityshall be identified on the preadmission screening report and indicated on thetemporary detention order. Except as provided in 37.2-811 for defendantsrequiring hospitalization in accordance with subdivision A 2 of 19.2-169.6,the person shall not be detained in a jail or other place of confinement forpersons charged with criminal offenses.

E. Any facility caring for a person placed with it pursuant to a temporarydetention order is authorized to provide emergency medical and psychiatricservices within its capabilities when the facility determines that theservices are in the best interests of the person within its care. The costsincurred as a result of the hearings and by the facility in providingservices during the period of temporary detention shall be paid and recoveredpursuant to 37.2-804. The maximum costs reimbursable by the Commonwealthpursuant to this section shall be established by the State Board of MedicalAssistance Services based on reasonable criteria. The State Board of MedicalAssistance Services shall, by regulation, establish a reasonable rate per dayof inpatient care for temporary detention.

F. The employee or the designee of the local community services board who isconducting the evaluation pursuant to this section shall determine, prior tothe issuance of the temporary detention order, the insurance status of theperson. Where coverage by a third party payor exists, the facility seekingreimbursement under this section shall first seek reimbursement from thethird party payor. The Commonwealth shall reimburse the facility only for thebalance of costs remaining after the allowances covered by the third partypayor have been received.

G. The duration of temporary detention shall not exceed 48 hours prior to ahearing. If the 48-hour period herein specified terminates on a Saturday,Sunday, or legal holiday, the person may be detained, as herein provided,until the next day that is not a Saturday, Sunday, or legal holiday.

H. If a temporary detention order is not executed within 24 hours of itsissuance, or within a shorter period as is specified in the order, the ordershall be void and shall be returned unexecuted to the office of the clerk ofthe issuing court or, if the office is not open, to any magistrate thereof.Subsequent orders may be issued upon the original petition within 96 hoursafter the petition is filed. However, a magistrate must again obtain theadvice of an employee or a designee of the local community services boardprior to issuing a subsequent order upon the original petition. Any petitionfor which no temporary detention order or other process in connectiontherewith is served on the subject of the petition within 96 hours after thepetition is filed shall be void and shall be returned to the office of theclerk of the issuing court.

I. The chief judge of each general district court shall establish and requirethat a magistrate, as provided by this section, be available seven days aweek, 24 hours a day, for the purpose of performing the duties established bythis section. Each community services board or behavioral health authorityshall provide to each general district court and magistrate's office withinits service area a list of its employees and designees who are available toperform the evaluations required herein.

(1974, c. 351, 37.1-67.1; 1975, cc. 237, 433; 1976, c. 671, 37.1-67.4;1980, c. 582; 1981, cc. 233, 463; 1982, c. 435; 1986, cc. 134, 478, 629;1987, c. 96; 1988, c. 98; 1989, c. 716; 1990, cc. 429, 728; 1991, c. 159;1992, c. 566; 1995, c. 844; 1996, cc. 343, 893; 1998, cc. 37, 594, 611; 2004,c. 737; 2005, c. 716.)