Patient's Explanation Of The Involuntary Commitment Process
In Virginia
And The Statutory Protections Associated With The Process
As required by Virginia
Code Section 37.1-67.3 (D), this is a written explanation of the Virginia
involuntary commitment rules here in Richmond, Virginia.
I am a lawyer appointed by the Court to represent
you, and am giving you this statement before a civil commitment hearing
is held. At the hearing you can volunteer for mental health treatment
in the hospital, you may be released, or you may be required to stay in
the hospital.
You are being detained under a temporary detention
order. The order was issued by a magistrate who believed that you were
mentally ill, and dangerous to yourself, or to someone else, or unable
to care for yourself.
A judge will conduct a hearing today. The judge will
read a report issued by a mental health official. You will be in the room
with the judge and me. The judge will permit you to volunteer for treatment.
If you do not want to, the judge may listen to a psychiatrist. The psychiatrist
will have interviewed you before the hearing, and may interview you during
the hearing. The psychiatrist may report to the judge in a report or by
talking.
The judge will listen to you if you wish to talk.
If the doctor says you are mentally ill and dangerous, the judge can do
any of these things:
-
Release you if the judge believes that you have not been proven to be mentally
ill, and dangerous;
-
Require you to stay in the hospital, if the judge believes that you have
been proven mentally ill, and dangerous; or
-
Release you with an outpatient order, if the judge believes that you have
been proven mentally ill, and dangerous, but that treatment less restrictive
than hospitalization is satisfactory.
You have many rights in the hearing, including the following:
-
You can hire a lawyer on your own. You will have to pay or make arrangements
for this lawyer. If do not hire a lawyer, I will represent you. You do
not have to pay me.
-
You can present any defenses you have. You can pay for independent expert
testimony. You can summons testimony of other witnesses.
-
If the judge makes you stay in a hospital, you can appeal
to the Circuit Court here in Richmond, or to the circuit court in any city
or county in which the hospital is located where you will be treated. You
must file your written request for appeal within 30 days of the hearing
date. You have a right to a jury on appeal.
-
For medical consents: if the judge also consents for nerve ("antipsychotic")
medicine or electroconvulsive therapy, you have 10 days to appeal the consent
order to the Circuit Court.
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