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Developed and maintained by the Division of Legislative Automated Systems.
2003 SESSION
Be 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 30 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, counsel for the defendant, and the attorney for
the Commonwealth at least five days prior to sentencing and shall furnish a
copy of the report to the judge in advance of the sentencing hearing. 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 the office of the Attorney General for
assessment for civil commitment as provided in Article 1.1 (§ 37.1-70.1 et
seq.) of Chapter 2 of Title 37.1; 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.