19.2-169.2 - Disposition when defendant found incompetent. - Virginia Statutes

§ 19.2-169.2. Disposition when defendant found incompetent.

A. Upon finding pursuant to subsection E of § 19.2-169.1 that the defendant,including a juvenile transferred pursuant to § 16.1-269.1, is incompetent,the court shall order that the defendant receive treatment to restore hiscompetency on an outpatient basis or, if the court specifically finds thatthe defendant requires inpatient hospital treatment, at a hospital designatedby the Commissioner of Behavioral Health and Developmental Services asappropriate for treatment of persons under criminal charge. Any reportssubmitted pursuant to subsection D of § 19.2-169.1 shall be made available tothe director of the community services board or behavioral health authorityor his designee or to the director of the treating inpatient facility or hisdesignee.

B. If, at any time after the defendant is ordered to undergo treatment undersubsection A of this section, the director of the community services board orbehavioral health authority or his designee or the director of the treatinginpatient facility or his designee believes the defendant's competency isrestored, the director or his designee shall immediately send a report to thecourt as prescribed in subsection D of § 19.2-169.1. The court shall make aruling on the defendant's competency according to the procedures specified insubsection E of § 19.2-169.1.

C. The clerk of court shall certify and forward forthwith to the CentralCriminal Records Exchange, on a form provided by the Exchange, a copy of anorder for treatment issued pursuant to subsection A.

(1982, c. 653; 2003, c. 735; 2007, c. 781; 2008, cc. 751, 788; 2009, cc. 813,840.)