CHAPTER 640

An Act to amend and reenact §§ $7-1.1, 87-61, 87-61.1, 87-62, 87-62.1, 87-68,
87-64, 87-69, 87-728, 37-75, 37-78, 37-79, 87-99, 87-100, 87-102, 37-108,
87-105 through 37-109, 87-111, 87-118 through 837-117, 87-119, 87-126,
87-128, 37-180, 37-181, and 87-186.1 of the Code of Virginia, as sev-
erally amended, and to amend the Code of Virginia by adding sections
mumbered 87-71.2, 37-71.8, 87-180.1, and 87-280.2, the amended and
mew sections relating to the commitment or admission of persons to
public and private institutions for the care and treatment of mentally
all and mentally deficient persons, care and treatment of patients in
such institutions, and release from such institutions; and to repeal
§§ 87-6, 87-110, $7-110.1, 87-118, 37-154, 87-156 through $7-168,
87-171 through 87-187, 37-189, 37-190, 37-198 through 37-209, 37-212,
87-214 through 37-215.1, 37-217 through 37-222, 87-224 and 87-225, as
severally amended, relating to the same matters.

[S 55]

Approved April 1, 1964

Be it enacted by the General Assembly of Virginia:

1. That §§ 37-1.1, 37-61, 37-61.1, 37-62, 37-62.1, 37-63, 37-64, 37-69, 37-72,
87-75, 87-78, 37-79, 37-99, 37-100, 37-102, 37-103, 37-105 through 387-109,
87-111, 37-113 through 37-117, 87-119, 37-126, 37-128, 37-130, 87-1381, and
37-136.1, as severally amended, of the Code of Virginia be amended and
reenacted; and that the Code of Virginia be amended by adding sections
numbered 37-71.2, 37-71.3, 37-130.1, and 37-230.2, the amended and new
sections being as follows:

37-1.1. As used in this Title except where the context requires a
different meaning or where it is otherwise provided, the following words
shall have the meaning ascribed to them:

(1) “Mentally ill’ means any person afflicted with mental disease
to such an extent that for his own welfare or the welfare of others, or
of the community, he requires care and treatment;

(2) “Mentally deficient” means any person afflicted with mental
defectiveness * to such extent that he is incapable of *caring for him-
self *or managing his affairs, who for his own welfare or the welfare of

others or of the community requires supervision, control or care; *

(3) ‘Commissioner’ means the Commissioner of Mental Hygiene
and Hospitals;

(4) “Department” means the Department of Mental Hygiene and
Hospitals;

(5) “Board” means the State Hospital Board;

(6) “Legal resident” means any person who has lived in this State
for a period of one year without public support for himself or his spouse
or minor children;

(7) “J ustice” or “trial justice” includes police justices or civil and
police justices of cities, and judges of county, municipal and juvenile and
domestic relations courts but except as hereinafter provided shall not
include a justice of the peace or mayor;

(9) “Insane” means a person who has been adjudicated legally in-
competent by a court of record or other constituted authority because of
mental disease under Chapter 5 of this Title;

(10) “Feeble-minded” means a person who has been adjudicated
legally incompetent by a court of record or other constituted authority
because of *mental defectiveness under Chapter 5 of this Title;

(11) “Hospital” means a State hospital for the care and treatment of
the mentally ill;

(12) “Colony” means the Lynchburg Training School and Hospital,
or the Petersburg Training School ;*

(18) Except as used in Chapter 11 of this Title, “private institution”
means an establishment not operated by the Board and licensed under
§ 37-254 for the care or treatment of mentally wl, mentally defective or
epileptic persons, including psychiatric wards of general hospitals,
does not include an establishment solely for care or treatment of persons
addicted to the intemperate use of narcotic drugs, alcohol or other stim-

nts.

(14) “Inebriate”’ means a person who through use of alcoholic liquors
has become dangerous to the public or himself or unable to care for himself
or his property or family.

(15) “Drug addict” means a person who, through use of habit form-
ing drugs has become dangerous to the public or himself or unable to care
for himself or his property or his family.

(16) “Epileptic” means a person subject to convulsive seizures asso-
ciated with mental illness.

§ 37-61. Any circuit or corporation judge, or any * justice, as de-
fined in § 87-1.1, when any person in his county or city is alleged to be
mentally ill, epileptic, mentally deficient or inebriate, upon the written
complaint and information of any * responsible person, shall issue his
warrant, ordering such person to be brought before him. The judge or
justice may issue the warrant on his own motion. *

§ 37-61.1. (a) Any person alleged or certified to be mentally ill or
epileptic, inebriate, mentally *defictent and who is not in confinement on a
criminal charge, may be admitted to and confined in a State or private
institution by compliance with any one of the following procedures:

(1) Voluntary admission.

(2) Commitment for observation.

(8) General commitment.
(b) In any proceeding for commitment under the provisions of this
*Title the person whose commitment is being sought shall have the right
to be represented, at his own expense, by counsel of his choice. The judge
upon whose warrant such proceeding is being held shall explain to the
person being examined, if he is of such age and mental condition as to
be able to understand, the nature and effect of the proceeding, that he
has a right to be represented by counsel, and that he may have summoned
a physician of his choice as provided by § 37-64.

(c) Any attorney representing any person in any proceeding for
commitment under this Title shall prior to such proceeding personally con-
sult with such person, unless the judge presiding at such proceeding cer-
tiftes that in his optnion such consultation would serve no useful purpose.
Such certification shall be made a part of the record of such proceeding.

__(d) At any hearing in any proceeding for commitment under this
Title the person whose commitment is sought, his attorney, and any phy-
sictan whose testimony is introduced shall be present unless the judge pre-
siding at the proceeding determines that due to such person’s condition
his presence at the hearing would not be in his best interest, which deter-
mination shall be made a part of the record of the proceeding.

§ 37-62. The judge or * justice * shall summon two licensed and
reputable physicians, one of *whom shall, when practicable, be the phy-
Sician of the person who is alleged to be mentally ill, epileptic, mentally
deficient, or inebriate. *In case the person is alleged to be mentally de-
fictent, the judge or justice may in his discretion summon, in lieu of one
of the physicians, a clinical psychologist certified in accordance with Chap-
ter 6 of Title 54 of the Code. No physician or psychologist so summoned
shall in any manner be related to * such person or have an interest in his
estate. The judge or justice and the two physicians, or the *judge or justice
and the physician and psychologist, as the case may be, shall constitute a
commission to inquire whether such person is mentally ‘ill, epileptic,
mentally deficient or inebriate and a suitable subject for a hospital *or
private institution, for the care and treatment of mentally ill, epileptic,
mentally deficient or inebriate persons, and for that purpose the judge or
justice * shall summon witnesses to testify under oath as to the condition
of such person.

_ _ § 37-62.1. In any proceeding for commitment under this *Title, the
judge upon whose warrant such proceeding is being held shall ascertain
if the person whose commitment is sought is represented by counsel. If
such person is not represented by counsel such judge shall appoint an
attorney at law to represent such person in such proceeding. For his serv-
ices rendered in connection with the proceeding for commitment such at-
torney shall receive a fee of ten dollars to be paid as a part of the fees and
expenses of commitment as provided in § 37-75 of the Code of Virginia.

§ 37-63. In any proceeding for commitment under this Title the
physicians, or physician and clinical psychologist, shall *make a personal
examination of such person. *By such examination and by such other in-
quiry as they deem necessary they shall satisfy themselves and the
judge or justice that the person being examined shows sufficient evidence
of being mentally ill, mentally deficient, epileptic, or inebriate to warrant
his commitment to a State hospital, *to a colony, or to a private institution.

§ 37-64. If the two physicians, or physician and clinical psycholo-
gist, summoned under § 37-62 do not agree, “another physician shall be
summoned. If the person being examined request it, there shall * be sum-
moned a physician of his choice. *Any physician so summoned shall make
a personal examination of such person and thereafter shall sit with and
be a member of the commission; provided, that the fee and expense of *a
physician summoned at the request of the person betng examined shall be
paid by *such person. *
_ _.§ 87-69. One of such copies shall be transmitted by the judge or
justice to the superintendent of the hospital or colony to which admission is
sought, and the other copy filed *with the clerk of the court of the county
or city in which deeds are admitted to record; provided, that if the person
whose commitment is sought is, at the time of the proceeding, confined
in any institution under the control of the Departments of Health, Mental
Hygiene and Hospitals or Welfare and Institutions or private institution,
a certified copy of the record required by § 37-68 shall be sent by the judge
or justice to the clerk of such court of the county or city in which such
person was residing at the time he entered such institution, and be filed
wn such clerk’s office. The clerk shall enter the copy sent him in a book to
be supplied by his county or city, shall properly index the same and shall
not permit the same to be kept open to public inspection.

§ 37-71.2. (a) In any case where commitment to a private tnstt-
tution is sought, the presiding justice shall before making an order of
commitment, inquire and ascertain whether the private institution is a
fit and proper institution to have the care of such person, and shall in
the order of commitment designate the institution to which the person
proceeded against is to be committed, and which he finds to be a proper
institution to have charge of such person.

(b) The person committed shall have, as a matter of right, the
right to appeal from the judgment of the justice in respect to the fitness
of the institution to which he may be committed, to the circuit court of
the county or to the corporation court of the city in which the proceedings
may be had. Upon such appeal the court shall review the question whether
the private institution designated by the justice is a fit and proper instt-
tution to have the care of the person so committed by him. If the court
shall be of opinion that the institution designated by the justice 1s a fit
and proper institution, tt shall affirm his judgment in that respect. If
the court shall find that the institution designated by the justice is not a
fit and proper institution to have the care of the person committed, then
the court shall have power to inquire and ascertain some other hospital
or private institution proper and fit to take charge of the person pro-
ceeded against, and shall in such case, by its order, designate and appoint
such hospital or institution to take charge of such person in lieu and in
place of the one designated by the justice.

§ 87-71.8. The person proceeded against shall have the right to be
present and be heard in case of any appeal taken by him, and to employ
counsel to represent him.

§ 37-72. The sheriff or city sergeant shall be responsible for the
safekeeping and proper care of any person committed to any State hos.
pital, *colony *or private institution; subject to the provisions of § 37-78
any such person shall be delivered forthwith to the proper institution 01
its authorized agent.

€ 37-75. Whether or not the person being examined be found sub.
ject to commitment, any * physician or clinical psychologist serving as ¢
member of a commission shall receive a fee of ten dollars * for *his serv
ices, except that such fee in the city of Richmond shall be fixed by the
governing body thereof in an amount not to exceed ten dollars. * Any
special justice appointed in accordance with the provisions of § 37-61.‘
shall receive a fee of ten dollars for his services. The officer making th
arrest and summoning the commission and witnesses shall receive thi
same fees as are allowed for like services in a felony case. The witnesse:
regularly summoned before such commission shall receive such compen
sation for their attendance and mileage as is allowed witnesses sum
moned to testify before grand juries. *Each special justice, attorne;
appointed under § 87-62.1, * physician or psychologist shall receive lik
mileage. All expenses incurred, * including the fees, attendance and
mileage aforesaid, shall be paid by the county or city *in which such person
was *residing at the time of such proceeding for commitment, or of such
person is at the time of such proceeding a patient in a State hospital or
colony or private institution, by the county or city in which he was residing
at the time of commitment or admission to such hospital, colony or tnstitu-
tion; provided, that if such person’s residence is not established in the
State of Virginia, costs shall be paid by the State, and provided that if any
such person, at the time of *such proceeding, be confined in any State-
supported institution other than a hospital or colony, such fee shall be paid
by the State. Any such fees, costs and expenses incurred in connection
with the examination of any person under the provisions of §§ 37-61 to
87-65, when paid by any county, city or the State, shall be recoverable by
such county, city or the State from the person so examined, or from his
estate, or from the person at whose request the proceedings were instituted,
in an appropriate action or proceeding for such purpose; provided, no
such fee or costs shall be recovered from any person or his estate when he
is found sane or not subject to commitment*.

§ 37-78. It is unlawful for the sheriff, sergeant or other officer
having in his custody any mentally ill, mentally deficient, epileptic or
inebriate person after the commitment of such person to any hospital,
colony or other institution to use any jail or other place of confinement
for criminals, as a place of detention for such person, *unless the deten-
tion therein of such person is specifically authorized by the justice pre-
siding over the commission which commits such person, and notice thereof
is given by telephone or telegraph to the Commissioner or his deputy.

§ 37-79. *Upon the day of the commitment, it shall be the duty of
the sheriff, sergeant or other officer having custody of any mentally wl,
epileptic, mentally deficient or inebriate person to deliver such person to
the proper hospital or institution.

The justice presiding over the commitment proceeding may order
such person to be placed in the custody of any responsible person or persons
for the sole purpose of transporting the committed person to the proper
hospital or institution. In the discretion of the justice; such bond as is
prescribed in § 87-182 may be required. :

If any hospital or colony has become so crowded that it is impos-
sible to accommodate more such persons therein, the Commissioner shal]
give notice of the fact to all sheriffs and sergeants, and shall designate
the hospitals to which they shall *transport such persons. * |

§ 37-99. The judge of any circuit or corporation court, or any judge
of a county or municipal court upon written request of any *responsible
person accompanied by the certification of a duly licensed physician, who
shall if practicable be the person’s family physician, upon forms pre-
scribed by the State Hospital Board, may commit to any State hospital
ar private institution for observation as to his mental condition, any suit-
able person in his county or city who is not an inebriate or drug addict..
Such person shall be entitled to be represented by counsel, at his own
expense, at the hearing before the judge, and to have a physician of his
choice summoned, as provided in § 37-64. A commitment under this sec-
tion shall not be deemed a final adjudication of the mental condition of
the person committed, and shall not affect any right or privilege thereto-
fore possessed by such person under the laws of this Commonwealth.

§ 37-100. A person committed under the preceding section shall
not be detained in the hospital, * colony or private institution more than
*ninety days, unless he makes application for further care and treatment
as a voluntary patient subject to the provisions of § 37-113, or is com-
mitted as provided in § 37-102.
§ 37-102. Any person in a State hospital or private institution ad-
mitted under this article for observation may, during the pertod of obser-
vation as specified in § 87-106 or at the expiration of such period, be
generally committed as mentally ill, epileptic or mentally deficient by the
judge or justice originally acting in the case or his successor in office,
upon the duly sworn certificate of the superintendent of *the hospital or
of the chief medical officer of a private institution and one or more
physicians of the staff of the hospital *or private institution who have
made a careful psychiatric study to determine his mental condition, that
the patient is mentally ill, epileptic or mentally deficient; provided,
however, it shall not be necessary for any person generally committed
under this section to be brought before the committing judge or justice
for the purpose of such commitment. The same provisions as to filing and
recording are to be observed as in * general commitments. For services
rendered under the provisions of this section no fees shall be payable to
ae er Crd commitment under this section may be appealed as provided

y -71.1.

§ 37-103. The superintendent of any State hospital or colony *or
the official in charge of any private institution may, without an order of
a judge or justice, receive into his custody and detain temporarily in
the hospital, * colony or private institution * a person whose case is cer-
tified by two licensed physicians, neither of whom is in any manner re-
lated to or connected by marriage with him or as has any interest in his
estate, after careful personal examination and inquiry, whose mental
condition is found to be such that it would be for his safety and benefit
to receive proper * care and treatment, and upon a written petition to
the superintendent of the hospital or institution made by some responsible
person or persons.

§ 37-105. The certificate executed by such physicians shall contain
adequate reasons why the alleged mentally ill or mentally deficient person
should be received in a State hospital, * colony or private institution. The
examining physicians shall furthermore answer, as far as practicable,
from their personal knowledge and from information furnished by com-
petent persons, the interrogatories prescribed by law in the regular form
of examination and commitment of mentally ill persons.

§ 37-106. By virtue of the certificate and urgent need of custody
and treatment and of the petition, the alleged mentally ill or mentally de-
fictent person may be received and detained in the State hospital, colony,
or *private institution *for a period not to exceed *ninety days.

§ 37-107. The superintendent or chief medical officer of any such
institution may refuse to receive the alleged mentally ill or mentally de-
ficient patient upon such certificate and petition, if, in his judgment, the
reasons stated in the certificate are not sufficient, or if the mental condi-
tion of the patient is not of such nature as to make it necessary that he
should receive hospital treatment and care.

§ 37-108. If the condition of the alleged mentally ill or mentally de-
ficient person seems to the superintendent or chief medical officer of the
hospital, colony or institution to justify it, and upon proper and satis.
factory notice by wire, telephone, in person or otherwise to the super.
intendent or chief medical officer, the alleged mentally ill or mentally de.
ficient person may be forthwith conveyed to the hospital or institution by
the person applying for his admission or some other suitable person, whx
shall deliver to the superintendent or chief medical officer the certificate
the petition and all other written information relating to the case.

§ 87-109. If any person admitted under §§ 37-108 to 387-106 i:
found upon observation to be mentally ill, epileptic or mentally deficien
within *ninety days after he is admitted to the hospital, colony or privat.
institution, he may be committed as provided in Article 1 of * this chapter. *

§ 37-111. If any person admitted under §§ 37-103 to 37-106 is not
found to be mentally ill, epileptic or mentally deficient within *ninety days
after he is admitted to the hospital or colony, or private institution he
shall be discharged. In no case shall any such person be held in the hos-
pital, * colony or private institution for more than *ninety days, unless
in the meantime he shall make application for further care and treat-
ment as a voluntary patient under the provisions of § 37-113 or is com-
mitted as a mentally ill, epileptic or mentally deficient person under
§§ 37-61 to 37-98.

§ 37-113. The superintendent of any * hospital, * colony * or private
institution may, subject to the rules and regulations established by the
State Hospital Board, receive and detain therein, as a patient, any * person
who is * mentally ill * or mentally deficient, and who voluntarily makes
written application therefor, and whose mental condition is such as to
render him competent to make the application, or understand it if made
by another for him, or any person for whom such application is made by
his parent if such person is under twenty-one years of age and not emanci-
pated, or by his legal guardian, if any; provided * such admission does not
deprive any person who has been committed of care and treatment in the
hospital, or other institution for the mentally ill or mentally deficient.

§ 37-114. A person thus received as a voluntary patient at such
hospital or institution shall not be detained under such voluntary agree-
ment more than ten days after notice in writing, given by him or by an-
other for him, with his knowledge and consent, of his intention or desire to
leave the hospital, colony or private institution.

§ 87-115. The superintendent or physician in charge of a State
hospital or colony shall, after the admission of a patient by such volun-
tary agreement, present to the Board at its next meeting, a record of the
patient, in accordance with such rules and regulations as are established
by the Board.

§ 37-116. The cost of transportation of any such voluntary patient
to and from the hospital or * colony shall not be borne by the hospital
or * colony. Such voluntary patient shall be required to defray his ex-
penses for care and treatment while in the hospital or * colony at a rate
fixed by the Board but the charges shall not exceed the actual cost for his
care, maintenance and treatment.

§ 37-117. If, however, the voluntary patient is, in the opinion of the
Board, unable financially to defray his * expenses for care, maintenance
and treatment, then the Board may, for reasons apparent to them and
stated on record, exempt the patient from the payment of these expenses.

§ 37-119. No nonresident mentally ill, * ov mentally deficient * person
shall be admitted or detained in any hospital under any contract with
the Board except when there is a vacancy therein not applied for on behalf
of any person residing in the State.

37-126. * Any person * committed to a private institution as pro-
vided in Chapter § shall be confined until discharged in accordance with
regulations of the State Hospital Board by the physician in charge of the
institution. Neither the State nor any county, city, or town thereof shall
be liable in any event for any costs or charges of sending a patient to a
private * institution, or connected with or arising out of his being sent
there, but all costs of the proceedings, including fees payable to a justice,
physician or clinical psychologist shall be ordered to be paid by those
making the complaint.

§ 37-128. The superintendent of each State hospital * or colony
may, subject to the approval of the Commissioner, place at board in a
suitable family in this State approved by the State Hospital Board and
under such rules and regulations as to it appear proper, any patient in
the hospital or colony or who has been committed thereto but not admitted,
or who has been temporarily released therefrom who is quiet and not
dangerous * . The cost of the board and lodging of such patients shall
not exceed * an amount determined by regulation adopted by the Board.
Any patient so placed at board or the estate of any such patient or the
person legally liable for the support of any such patient shall be liable for
the cost of the board and lodging of such patient; provided, however, that
the State Hospital Board shall ascertain the financial condition and estate
of such patient, his present and future needs and the present and future
needs of his lawful dependents and, whenever deemed necessary to protect
him or his dependents, may agree to accept a sum for his board and
lodging less than * the cost to the State of his board and lodging, * in
which case * the remainder of the cost of such board and lodging shall
be at the expense of the Commonwealth and paid from funds appropriated
for such purpose. Bills for board and lodging of any such patient shall be
payable monthly by such patient or the person legally liable for his
support. Payment thereof shall be made to the * Department of Mental
Hygiene and Hospitals which shall forthwith pay all funds so collected
into the general fund of the State treasury; provided, however, that
the estate of such patient shall not be depleted below the sum of two
thousand five hundred dollars ($2,500.00). The provisions of Article 6
of this chapter shall apply, mutatis mutandis, to collections authorized by
this section.

§ 37-130. The bills for the support of patients who are placed at
board in families under the provisions of this chapter shall be payable
monthly.

§ 87-180.1. In leu of placing a patient at board in a private home,
the superintendent of a hospital or colony may, subject to regulations
adopted by the State Board of Health, place such patient in a nursing home
or other institution licensed by the State Board of Health; provided, that
the cost to the State of such placement shall not exceed the maximum
fixed in § 87-128.

§ 37-131. The State Hospital Board shall designate some competent
person to visit patients who are boarded in * homes or other institutions
as provided in the preceding sections, who shall visit these patients at
intervals of not less than three months, to ascertain the manner in which
they are being cared for, and shall make a written report to the super-
intendent of the conditions found to exist. In any instance in which it
is found that a patient is neglected, improperly cared for, or abused, he
shall be removed.

§ 37-136.1. Any judge of a court of record, when any person in his
county or city is alleged to be legally incompetent because of mental ill-
ness or mental * defectiveness, upon the written complaint and information
of any *responsible person, shall issue his warrant, ordering such person to
be prought before him. The judge * may issue the warrant on his own
motion.

If a person is in a * hospital, colony, or private institution under legal
commitment and he is found by the superintendent or chief medical
officer thereof after observation and examination to be mentally ill or
mentally deficient to such a degree that the superintendent or chief medical
officer believes him to be legally incompetent, the circuit court of the
county or corporation or circuit court of the city of his residence, or the
Chancery Court of the City of Richmond if he resides in that city north
of the James River or upon an island in such river, or the Hustings Court
of the City of Richmond, Part Two, if he resides in that city south of the
James River, after reasonable notice to such person, shall, on the sworn
certificate of the superintendent or chief medical officer that such person
is believed to be legally incompetent due to either mental illness or mental
defectiveness or upon such other evidence as the court may deem proper
and require, determine if the person is legally incompetent because of
mental illness or mental * defectiveness.

The Court, or jury, if one be requested, shall determine if the person

is legally incompetent because of mental illness or mental * defectiveness.
For this purpose the court shall and the person may summon witnesses to
testify under oath as to the condition of such person.
, If the court finds the person to be legally incompetent because of
mental illness it shall adjudicate that person to be insane. If the court
finds the person to be legally incompetent because of mental * defectiveness
it shall adjudicate that person to be feeble-minded.

The person shall have the right to appeal to the Supreme Court of
Appeals if he be adjudicated insane or feeble-minded.

§ $7-230.2. Any person who shall knowingly contrive or conspire to
commit any person to an institution for the mentally deficient, mentally
ill, epileptic or inebriate unlawfully or maliciously shall be guilty of a
misdemeanor, and upon conviction, shall be fined not exceeding one thou-
sand dollars, or confined in jail not exceeding one year, or both.

2. That §§ 37-6, 37-110, 37-110.1, 37-118, 37-154, 37-156 through 37-168,
37-171 through 37-187, 37-189, 37-190, 37-193 through 37-209, 37-212,
37-214 through 37-215.1, 37-217 through 37-222, 37-224, and 37-225, as
severally amended, of the Code of Virginia, are repealed.

3. The validity of any commitment previously had of any mentally ill,
mentally deficient, epileptic or inebriate person or person addicted to the
use of habit forming drugs to any institution for the care or treatment of
such persons shall not be affected by any provision of this act nor shall
this act affect the legal status of any person when such status has been
determined or is fixed under any statute. Any proceeding pending on the
effective date of this act under any statute in effect prior to such date
shall be carried forward. and concluded according to the provisions of such
statute.

4. If any provision of this act or the applicability thereof to any person
or circumstances be held to be invalid by any court of competent jurisdic-
tion, the remainder of this act or the applicability thereof to other persons
or circumstances shall not be affected thereby.