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2018 SESSION
18100446DBe 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. On
the basis of all information
available, the Commissioner shall determine whether the evaluation
shall be conducted on an outpatient basis or whether 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 or the
mental health facility where the acquittee was evaluated on an outpatient
basis 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.