Bill Text: VA HB53 | 2018 | Regular Session | Chaptered
Bill Title: Persons acquitted by reason of insanity; evaluation.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2018-02-26 - Governor: Acts of Assembly Chapter text (CHAP0016) [HB53 Detail]
Download: Virginia-2018-HB53-Chaptered.html
Be it enacted by the General Assembly of Virginia:
1. That §19.2-182.2 of the Code of Virginia is amended and reenacted as follows:
§19.2-182.2. Verdict of acquittal by reason of insanity to state the fact; temporary custody and evaluation.
When the defense is insanity of the defendant at the time the
offense was committed, the jurors shall be instructed, if they acquit him on
that ground, to state the fact with their verdict. The court shall place the
person so acquitted (the acquittee) in temporary custody of the Commissioner of
Behavioral Health and Developmental Services (hereinafter referred to in this
chapter as the Commissioner) for evaluation as to whether the acquittee may be
released with or without conditions or requires commitment. The court may
authorize that the evaluation be conducted on an outpatient basis. If the court
authorizes an outpatient evaluation, the Commissioner shall determine, on the
basis of all information available, whether the evaluation shall be conducted
on an outpatient basis or whether the acquittee shall be confined in a hospital
for evaluation. If the court does not authorize an outpatient evaluation, the
acquittee shall be confined in a hospital for evaluation. If an acquittee who
is being evaluated on an outpatient basis fails to comply with such evaluation,
the Commissioner shall petition the court for an order to confine the acquittee
in a hospital for evaluation. A copy of the petition shall be sent to the
acquittee's attorney and the attorney for the Commonwealth. The evaluation
shall be conducted by (i) one psychiatrist and (ii) one clinical psychologist.
The psychiatrist or clinical psychologist shall be skilled in the diagnosis of
mental illness and intellectual disability and qualified by training and
experience to perform such evaluations. The Commissioner shall appoint both
evaluators,. In the case of an acquittee confined in a hospital,
at least one of whom the evaluators shall not be employed by the
hospital in which the acquittee is primarily confined. The evaluators shall
determine whether the acquittee currently has mental illness or intellectual
disability and shall assess the acquittee and report on his condition and need
for hospitalization with respect to the factors set forth in §19.2-182.3. The
evaluators shall conduct their examinations and report their findings
separately within 45 days of the Commissioner's assumption of custody. Copies
of the report shall be sent to the acquittee's attorney, the attorney for the
Commonwealth for the jurisdiction where the person was acquitted and the
community services board or behavioral health authority as designated by the
Commissioner. If either evaluator recommends conditional release or release
without conditions of the acquittee, the court shall extend the evaluation
period to permit (a) the hospital in which the acquittee is confined
Department of Behavioral Health and Developmental Services and (b)
the appropriate community services board or behavioral health authority to
jointly prepare a conditional release or discharge plan, as applicable, prior
to the hearing.