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2002 SESSION
024379448Be it enacted by the General Assembly of Virginia:
1. That § 19.2-301 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-301. Judge shall require examination under § 19.2-300; by whom made; report; expenses of psychiatrist.
The judge shall order the defendant examined by at least one psychiatrist or
clinical psychologist who is qualified by specialized training and experience
to perform such evaluations. The examination shall be performed on an
outpatient basis at a mental health facility or in jail. However, if the court
specifically finds that outpatient examination services are unavailable or if
the results of outpatient examination indicate that hospitalization of the
defendant for further examination is necessary, the court may order the
defendant sent to a hospital designated by the Commissioner of Mental Health,
Mental Retardation, and Substance Abuse Services as appropriate for examination
of persons convicted of crimes. The defendant shall then be hospitalized for
such time as the director of the hospital deems necessary to perform an
adequate examination, but not to exceed thirty days from the date of admission
to the hospital. Upon completion of the examination, the examiners shall
prepare a written report of their findings and conclusions and shall furnish
copies of such report to the judge, [ the defendant, the defendant, ] counsel
for the defendant, and the attorney for the Commonwealth. The report of the
examiners shall at all times be kept confidential by each recipient [ , except
to the extent necessary for the prosecution or defense of any offense, ] and
shall be filed as part of the record in the case [ and the defendant’s copy
shall be returned to the court at the conclusion of sentencing ] . Any report
so filed shall be sealed upon the entry of the sentencing order by the court
and made available only by court order, except that such report or copies
thereof shall be available at any time to any criminal justice agency as
defined in § 9.1-101, of this or any other state or of the United States; to
any agency where the accused is referred for treatment by the court or by probation
and parole services; and to counsel for any person who has been indicted jointly for
the same felony as the person who is the subject of the report. Any such
report shall without court order be made available to counsel for the person
who is the subject of the report if that person is charged with a felony
subsequent to the time of the preparation of the report.