2006 Code of Virginia § 53.1-40.2 - Involuntary admission of prisoners with mental illness

53.1-40.2. Involuntary admission of prisoners with mental illness.

A. Upon the petition of the Director or his designee, any district courtjudge or any special justice, as defined by 37.2-100, of the county or citywhere the prisoner is located may issue an order authorizing involuntaryadmission of a prisoner who is sentenced and committed to the Department ofCorrections and who is alleged or reliably reported to have a mental illnessto a degree that warrants hospitalization.

B. Such prisoner may be involuntarily admitted to a hospital or facility forthe care and treatment of persons with mental illness by complying with thefollowing admission procedures:

1. A hearing on the petition shall be scheduled as soon as possible, allowingthe prisoner an opportunity to prepare any defenses which he may have, obtainindependent evaluation and expert opinion at his own expense, and summonsother witnesses.

2. Prior to such hearing, the judge or special justice shall fully inform theprisoner of the allegations of the petition, the standard upon which he maybe admitted involuntarily, the right of appeal from such hearing to thecircuit court, and the right to jury trial on appeal. The judge or specialjustice shall ascertain if the prisoner is represented by counsel, and, if heis not represented by counsel, the judge or special justice shall appoint anattorney to represent the prisoner.

3. The judge or special justice shall require an examination of such prisonerby a psychiatrist who is licensed in Virginia or a clinical psychologist whois licensed in Virginia or, if such psychiatrist or clinical psychologist isnot available, a physician or psychologist who is licensed in Virginia andwho is qualified in the diagnosis of mental illness. The judge or specialjustice shall summons the examiner, who shall certify that he has personallyexamined the individual and has probable cause to believe that the prisonerdoes or does not have mental illness, does or does not present an imminentdanger to himself or others, and does or does not require involuntaryhospitalization. The judge or special justice may accept writtencertification of the examiner's findings if the examination has beenpersonally made within the preceding five days and if there is no objectionto the acceptance of such written certification by the prisoner or hisattorney.

4. If the judge or special justice, after observing the prisoner andobtaining the necessary positive certification and other relevant evidence,finds specifically that (i) the prisoner presents an imminent danger tohimself or others as a result of mental illness or has been proven to be soseriously mentally ill as to be substantially unable to care for himself, and(ii) alternatives to involuntary admission have been investigated and deemedunsuitable and there is no less restrictive alternative to such admission,the judge or special justice shall by written order and specific findings socertify and order that the prisoner be placed in a hospital or other facilitydesignated by the Director for a period not to exceed 180 days from the dateof the court order. Such placement shall be in a hospital or other facilityfor the care and treatment of persons with mental illness that is licensed oroperated by the Department of Mental Health, Mental Retardation and SubstanceAbuse Services.

5. The judge or special justice shall also order that the relevant medicalrecords of such prisoner be released to the hospital, facility, or program inwhich he is placed upon request of the treating physician or director of thehospital, facility, or program.

6. The Department shall prepare the forms required in procedures foradmission as approved by the Attorney General. These forms, which shall bethe legal forms used in such admissions, shall be distributed by theDepartment to the clerks of the general district courts of the variouscounties and cities of the Commonwealth and to the directors of therespective state hospitals.

(1988, c. 873; 2005, c. 716.)