16.1-357 - Disposition when juvenile found incompetent. - Virginia Statutes

§ 16.1-357. Disposition when juvenile found incompetent.

A. Upon finding pursuant to subsection F of § 16.1-356 that the juvenile isincompetent, the court shall order that the juvenile receive services torestore his competency in either a nonsecure community setting or a securefacility as defined in § 16.1-228. A copy of the order shall be forwarded tothe Commissioner of Behavioral Health and Developmental Services, who shallarrange for the provision of restoration services in a manner consistent withthe order. Any report submitted pursuant to subsection E of § 16.1-356 shallbe made available to the agent providing restoration.

B. If the court finds the juvenile incompetent but restorable to competencyin the foreseeable future, it shall order restoration services for up tothree months. At the end of three months from the date restoration is orderedunder subsection A of this section, if the juvenile remains incompetent inthe opinion of the agent providing restoration, the agent shall so notify thecourt and make recommendations concerning disposition of the juvenile. Thecourt shall hold a hearing according to the procedures specified insubsection F of § 16.1-356 and, if it finds the juvenile unrestorablyincompetent, shall order one of the dispositions pursuant to § 16.1-358. Ifthe court finds the juvenile incompetent but restorable to competency, it mayorder continued restoration services for additional three-month periods,provided a hearing pursuant to subsection F of § 16.1-356 is held at thecompletion of each such period and the juvenile continues to be incompetentbut restorable to competency in the foreseeable future.

C. If, at any time after the juvenile is ordered to undergo services undersubsection A of this section, the agent providing restoration believes thejuvenile's competency is restored, the agent shall immediately send a reportto the court as prescribed in subsection E of § 16.1-356. The court shallmake a ruling on the juvenile's competency according to the proceduresspecified in subsection F of § 16.1-356.

(1999, cc. 958, 997; 2009, cc. 813, 840.)