TITLE 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-5.3
Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity

SECTION 40.1-5.3-17


§ 40.1-5.3-17 Penalties for deprivation of rights – Disciplinary action – Duty to report.

(a) Any person who willfully withholds from or denies to a person committed to a facility pursuant to this chapter any of his or her rights as herein granted, shall, on conviction thereof, be fined not exceeding two thousand dollars ($2,000) or imprisoned not exceeding two (2) years.

(b) Any employee of a facility who shall deny to or withhold from any person any right granted him or her by this chapter shall, independently of the above criminal sanctions, be subject to such disciplinary action as the officer in charge shall see fit to impose, after notice, a hearing, and a finding of a violation of the right.

(c) Any employee who has reasonable cause to believe that an assault or a battery has been committed upon a committed person shall make an immediate report, including the identity of parties and witnesses and details of the incident, to the director of the department of behavioral healthcare, developmental disabilities and hospitals or his or her designee. The director of the department shall cause the report to be investigated immediately and further shall notify the mental health advocate and appropriate law enforcement agencies of the results of the investigation. Any person who fails to make such a report shall be guilty of a misdemeanor punishable by a fine of not more than five hundred dollars ($500).

History of Section.
(P.L. 1987, ch. 281, § 1; P.L. 2012, ch. 254, § 5; P.L. 2012, ch. 264, § 5.)