2006 Code of Virginia § 37.2-814 - Commitment hearing for involuntary admission; written explanation; right to counsel; rights of peti...

37.2-814. Commitment hearing for involuntary admission; writtenexplanation; right to counsel; rights of petitioner.

A. The commitment hearing for involuntary admission shall be held within 48hours of the execution of the temporary detention order as provided for in 37.2-809; however, if the 48-hour period herein specified terminates on aSaturday, Sunday, legal holiday, or day on which the court is lawfullyclosed, the person may be detained, as herein provided, until the next daythat is not a Saturday, Sunday, legal holiday, or day on which the court islawfully closed.

B. At the commencement of the commitment hearing, the district court judge orspecial justice shall inform the person whose involuntary admission is beingsought of his right to apply for voluntary admission and treatment asprovided for in 37.2-805 and shall afford the person an opportunity forvoluntary admission. The judge or special justice shall ascertain if theperson is then willing and capable of seeking voluntary admission andtreatment. If the judge or special justice finds that the person is capableand willingly accepts voluntary admission and treatment, the judge or specialjustice shall require him to accept voluntary admission for a minimum periodof treatment not to exceed 72 hours. After such minimum period of treatment,the person shall give the hospital 48 hours' notice prior to leaving thehospital. During this notice period, the person shall not be dischargedexcept as provided in 37.2-837, 37.2-838, or 37.2-840. The person shall besubject to the transportation provisions as provided in 37.2-829 and therequirement for preadmission screening by a community services board orbehavioral health authority as provided in 37.2-805.

C. If a person is incapable of accepting or unwilling to accept voluntaryadmission and treatment, the judge or special justice shall inform the personof his right to a commitment hearing and right to counsel. The judge orspecial justice shall ascertain if the person whose admission is sought isrepresented by counsel, and, if he is not represented by counsel, the judgeor special justice shall appoint an attorney to represent him. However, ifthe person requests an opportunity to employ counsel, the judge or specialjustice shall give him a reasonable opportunity to employ counsel at his ownexpense.

D. A written explanation of the involuntary admission process and thestatutory protections associated with the process shall be given to theperson, and its contents shall be explained by an attorney prior to thecommitment hearing. The written explanation shall describe, at a minimum, theperson's rights to (i) retain private counsel or be represented by acourt-appointed attorney, (ii) present any defenses including independentevaluation and expert testimony or the testimony of other witnesses, (iii) bepresent during the hearing and testify, (iv) appeal any order for involuntaryadmission to the circuit court, and (v) have a jury trial on appeal. Thejudge or special justice shall ascertain whether the person whose involuntaryadmission is sought has been given the written explanation required herein.

E. To the extent possible, during or before the commitment hearing, theattorney for the person whose involuntary admission is sought shall interviewhis client, the petitioner, the examiner described in 37.2-815, thecommunity services board or behavioral health authority staff, and any othermaterial witnesses. He also shall examine all relevant diagnostic and otherreports, present evidence and witnesses, if any, on his client's behalf, andotherwise actively represent his client in the proceedings. A health careprovider shall disclose or make available all such reports, treatmentinformation, and records concerning his client to the attorney, upon request.The role of the attorney shall be to represent the wishes of his client, tothe extent possible.

F. The petitioner shall be given adequate notice of the place, date, and timeof the commitment hearing. The petitioner shall be entitled to retain counselat his own expense, to be present during the hearing, and to testify andpresent evidence. The petitioner shall be encouraged but shall not berequired to testify at the hearing, and the person whose involuntaryadmission is sought shall not be released solely on the basis of thepetitioner's failure to attend or testify during the hearing.

(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.)