(a) A person may be committed to the custody of the Department of Health by the Superior Court for observation, diagnosis, care, and treatment upon the petition of a spouse or guardian, a relative, the certifying or treating medical practitioner, behavioral health professional, community member or the administrator or supervisor in charge of any approved public treatment facility. A refusal to undergo treatment does not constitute evidence of a lack of judgment as to the need for treatment. Opinions of the medical practitioner may be based on personal observation or on history and information from other sources considered by the medical practitioner.
(b) The petition must state the following:(1) Description of the actions committed by the person;(2) History of the person’s illness if known;(3) Whether the person has threatened, attempted or inflicted harm on himself or others, or attempted to damage property in the past and currently;(4) Whether the person is on drugs or alcohol if known; and(5) Whether drugs or alcohol is a factor in the persons behavior if known.
(1) Description of the actions committed by the person;
(2) History of the person’s illness if known;
(3) Whether the person has threatened, attempted or inflicted harm on himself or others, or attempted to damage property in the past and currently;
(4) Whether the person is on drugs or alcohol if known; and
(5) Whether drugs or alcohol is a factor in the persons behavior if known.
(c) The petition must be accompanied by a certificate of a medical practitioner or behavioral health professional who has examined the person within seven calendar days before submission of the petition unless the person whose commitment is sought has refused to submit to a medical examination, in which case the fact of refusal must be stated in the certification. The certificate must set forth the medical practitioner or behavioral health professional’s findings in support of the allegations of the petition which must state the following:(1) Whether the person is diagnosed with a behavioral health disorder;(2) Whether the person is suffering from severe and persistent behavioral disorder;(3) Whether the person poses a likelihood of serious harm to his person, others or property;(4) When involuntary treatment is at issue, whether the need for the treatment meets the criteria of this subsection;(5) Whether adequate community resources are available for care and treatment of the person’s behavioral, mental, or substance use disorder;(6) The person’s recent actions and behavior due to the person’s diagnosis or history of behavioral or substance use disorder;(7) Based on the evaluations of the factors in paragraphs (1) to (6), the person’s treatment plan to be followed by the psychiatric facility staff; and(8) Any other information needed to support the allegations in the petition.
(1) Whether the person is diagnosed with a behavioral health disorder;
(2) Whether the person is suffering from severe and persistent behavioral disorder;
(3) Whether the person poses a likelihood of serious harm to his person, others or property;
(4) When involuntary treatment is at issue, whether the need for the treatment meets the criteria of this subsection;
(5) Whether adequate community resources are available for care and treatment of the person’s behavioral, mental, or substance use disorder;
(6) The person’s recent actions and behavior due to the person’s diagnosis or history of behavioral or substance use disorder;
(7) Based on the evaluations of the factors in paragraphs (1) to (6), the person’s treatment plan to be followed by the psychiatric facility staff; and
(8) Any other information needed to support the allegations in the petition.
(d) The petition and certificate must be given to the Department of Justice, who by motion along with the petition when necessary, and the certificate, shall file with the Superior Court for the commitment of the person. The Department of Justice has three days after receipt of the petition, when necessary and certificate to file the motion with the court. Upon receipt of the motion, the court shall appoint counsel for the person and set a date for a hearing not later than five days after the date the petition was filed. A copy of the petition and the notice of the hearing, including the date fixed by the court must be served on the petitioner, the Department of Health/Division of Behavioral Health, the person whose commitment is sought and the person’s attorney, spouse, or family member, or a parent or legal guardian, if the person is a minor, the administrator in charge of the approved public treatment facility to which the person has been committed for emergency care, and any other person the court believes advisable. The hearing must be held in the Superior Court.
(e) Upon consideration of the motion, accompanied by a certificate by the treating medical practitioner indicating that the person suffers from behavioral, or substance use disorder and that the welfare of the person, others, or property is in danger and requires that the person be immediately committed, the judge or magistrate shall issue a warrant for the apprehension of the person forthwith and that the person be taken to the appropriate facility for treatment.
(f) The warrant provided for in this section must be in the name of the People of the Virgin Islands and must be directed to the marshals or other law enforcement officers, crisis counselors and other medical personnel involved in the transportation of people with behavioral problems. Upon receipt of the court order, law enforcement officers shall take the person immediately into custody and take the person to the hospital or appropriate health facility.
(g) Prior to the commencement of the hearing, the court, when possible, shall inform the person whose commitment is sought of the right to contest the petition and to be represented by counsel at every stage of any proceedings relating to commitment. The person whose commitment is sought must be informed of the right to be examined by a medical practitioner or behavioral health professional.
(h) At the hearing, the court shall review all relevant testimony, including the testimony of at least one licensed medical practitioner or a behavioral health professional who has examined the person, a spouse, parent, guardian, relative, or a community member. The Attorney for the person for whom commitment is being sought must be afforded an opportunity to call witnesses and cross-examine witnesses.
(i) The person for whom commitment is being sought must be present at the hearing unless the court finds that the person’s presence is likely to be injurious to the person or disruptive to the court’s proceedings. The court shall examine the person in closed court, or if needed, at the facility or hospital. If the person has refused to be examined by a licensed medical practitioner or behavioral health professional, the person must be given an opportunity to be examined by a court-appointed licensed medical practitioner or behavioral health professional. If the person refuses and there is sufficient evidence to believe that the allegations of the petition are true, or if the court determines that more medical evidence is necessary, the court may make a temporary order committing the person to the Department of Health, Division of Behavioral Health for a period of not more than five days for purposes of a diagnostic examination.
(j) A stenographic or electronic record must be made of the proceedings and the record, all notes, exhibits, and other evidence are confidential and must be retained as part of the Superior Court records for a period of five years from the date of the hearing.
(k) The hearing must be closed to the public and kept confidential and a report of the proceedings may not be released to the public or press, except by approval of the court.
(l) The court in consideration of the commitment of a person shall review:(1) The results of any diagnostic examination;(2) Evidence that supports the person’s recent actions and behavior are due to the person’s behavioral, mental, or substance use disorder;(3) Whether the person poses a likelihood of harm to his person, others, or to property;(4) Whether after full consideration of less restrictive treatment settings, services, and programs, inpatient hospitalization is determined to be the best available means for the treatment of the person;(5) Whether inpatient hospitalization is the best available means for the treatment of the person;(6) Whether the court is satisfied with the individual treatment plan offered by the Department of Health, the hospital, or treatment facility to which the petitioner seeks the person’s involuntary commitment; and(7) Such other factors as the court considers proper.
(1) The results of any diagnostic examination;
(2) Evidence that supports the person’s recent actions and behavior are due to the person’s behavioral, mental, or substance use disorder;
(3) Whether the person poses a likelihood of harm to his person, others, or to property;
(4) Whether after full consideration of less restrictive treatment settings, services, and programs, inpatient hospitalization is determined to be the best available means for the treatment of the person;
(5) Whether inpatient hospitalization is the best available means for the treatment of the person;
(6) Whether the court is satisfied with the individual treatment plan offered by the Department of Health, the hospital, or treatment facility to which the petitioner seeks the person’s involuntary commitment; and
(7) Such other factors as the court considers proper.
(m) If the court finds that the Government of the Virgin Islands has by clear, and convincing evidence, proved that the person requires commitment, the court shall issue an order committing the person to the care and custody of the Department of Health, Division of Behavioral Health.
(n) If the court is not satisfied with the individual treatment plan as offered, it may continue the case for not longer than 20 days, pending resubmission of an individual treatment plan by the Department of Health, Division of Behavioral Health, hospital, or treatment facility.
(o) A person committed under this section shall remain in the custody of the Department of Health, Division of Behavioral Health for treatment for a time established by the court, or for an indefinite period, in which latter case the person’s commitment must be subjected to close periodic judicial scrutiny designed to protect the person from prolonged and unnecessary commitment.
(p) Notwithstanding any other provisions of this subchapter to the contrary, a person, with respect to whom a motion for the issuance of an order for commitment has been filed, may not be released, or discharged during the pendency of the proceedings, unless:(1) The court orders release or discharge upon the request of the person or the person’s guardian, parent, spouse or next of kin;(2) The court orders release or discharge upon the report of the subject of the hearing and examination and determines that the person may be discharged safely;(3) The court orders release or discharge upon a writ of habeas corpus under 5 V.I.C. § 3810; or(4) The person in need of more specialized treatment is transferred to another facility upon request by the Department of Health/Division of Behavioral Health, or order of the Superior Court.
(1) The court orders release or discharge upon the request of the person or the person’s guardian, parent, spouse or next of kin;
(2) The court orders release or discharge upon the report of the subject of the hearing and examination and determines that the person may be discharged safely;
(3) The court orders release or discharge upon a writ of habeas corpus under 5 V.I.C. § 3810; or
(4) The person in need of more specialized treatment is transferred to another facility upon request by the Department of Health/Division of Behavioral Health, or order of the Superior Court.
(q) The Department of Health, Division of Behavioral Health shall provide for adequate and appropriate treatment of a person committed to its custody. The Department of Health/Division of Behavioral Health may transfer any person committed to its custody from one approved public treatment facility to another if the transfer is medically advisable.
(r) A person committed to the custody of the Department of Health/Division of Behavioral Health for treatment may be discharged at any time before the end of the period commitment, if the commitment for a time certain has been ordered by the court and if any of the following conditions set by the court are met:(1) In the case of persons suffering from behavioral health or substance use or disorders or both, if committed on the grounds of likelihood of infliction of physical harm upon themselves or another, the condition of release must show that:(A) The patterns of behavioral, mental, substance abuse disorders consumption are under control.(B) The individual is no longer drug dependent.(C) The likelihood no longer exists of their infliction of physical harm upon themselves or another.(2) In the case of a person suffering from behavioral health, mental health, or substance abuse disorders or both committed on the grounds of the need of treatment and incapacity, the condition of release must show that:(A) The incapacity no longer exists.(B) Further treatment will not be likely to bring about significant improvement in the person’s condition.(C) Treatment is no longer adequate or appropriate.
(1) In the case of persons suffering from behavioral health or substance use or disorders or both, if committed on the grounds of likelihood of infliction of physical harm upon themselves or another, the condition of release must show that:(A) The patterns of behavioral, mental, substance abuse disorders consumption are under control.(B) The individual is no longer drug dependent.(C) The likelihood no longer exists of their infliction of physical harm upon themselves or another.
(A) The patterns of behavioral, mental, substance abuse disorders consumption are under control.
(B) The individual is no longer drug dependent.
(C) The likelihood no longer exists of their infliction of physical harm upon themselves or another.
(2) In the case of a person suffering from behavioral health, mental health, or substance abuse disorders or both committed on the grounds of the need of treatment and incapacity, the condition of release must show that:(A) The incapacity no longer exists.(B) Further treatment will not be likely to bring about significant improvement in the person’s condition.(C) Treatment is no longer adequate or appropriate.
(A) The incapacity no longer exists.
(B) Further treatment will not be likely to bring about significant improvement in the person’s condition.
(C) Treatment is no longer adequate or appropriate.
(s) If a private treatment facility agrees with the request of a competent person, parent, sibling, adult child, or guardian to accept the person for treatment, the administrator of the public treatment facility may transfer the person to a private treatment facility.
(t) A person committed under this chapter may at any time seek to be discharged from commitment by writ of habeas corpus.
(u) When an order of involuntary commitment is entered, the person to be committed is prohibited from possessing or having under the person’s control a firearm pursuant to 23 V.I.C. § 456a.