2006 Code of Virginia § 37.2-816 - Commitment hearing for involuntary admission; preadmission screening report

37.2-816. Commitment hearing for involuntary admission; preadmissionscreening report.

The district court judge or special justice shall require a preadmissionscreening report from the community services board or behavioral healthauthority that serves the county or city where the person resides or, ifimpractical, where the person is located. The report shall be admissible asevidence of the facts stated therein and shall state (i) whether the personpresents an imminent danger to himself or others as a result of mentalillness or is so seriously mentally ill that he is substantially unable tocare for himself, (ii) whether the person is in need of involuntary inpatienttreatment, (iii) whether there is no less restrictive alternative toinpatient treatment, and (iv) the recommendations for that person'splacement, care, and treatment. The board or authority shall provide thepreadmission screening report within 48 hours or if the 48-hour periodterminates on a Saturday, Sunday, legal holiday, or day on which the court islawfully closed, the next day that is not a Saturday, Sunday, legal holiday,or day on which the court is lawfully closed. In the case of a person who hasbeen sentenced and committed to the Department of Corrections and who hasbeen examined by a psychiatrist or clinical psychologist, the judge orspecial justice may proceed to adjudicate whether the person has mentalillness and should be involuntarily admitted without requesting apreadmission screening report from the community services board or behavioralhealth authority.

(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.)