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1999 SESSION

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HB 2043 Juvenile competency.

Introduced by: Jerrauld C. Jones | all patrons    ...    notes | add to my profiles | history

SUMMARY AS ENACTED WITH GOVERNOR'S RECOMMENDATION:

Juvenile competency. Establishes juvenile court procedures for determining whether a juvenile is competent to stand trial, for restoration of competency and for dispositions for unrestorably incompetent juveniles. A juvenile’s competency is presumed; however, the Commonwealth’s attorney, defense counsel or judge can raise the issue of competency. The Commissioner of Mental Health, Mental Retardation and Substance Abuse Services is to approve the training and qualifications of professionals who perform the evaluations and provide restoration services. Evaluations are to be performed on an outpatient basis whenever possible. If the juvenile is otherwise able to understand the charges against him and assist in his defense, a finding of incompetency cannot be made based solely on his age or developmental factors, his claim to be unable to remember the time period surrounding the alleged offense or the fact that he is under the influence of medication. Incompetent juveniles must receive restoration services. If the juvenile is likely to remain incompetent for the foreseeable future, the court shall order that the juvenile be committed, certified, the subject of a child in need of services petition, or released. The bill is modeled after the adult competency provisions and is a recommendation of the Commission on Youth pursuant to HJR 69 (1998). This bill is identical to SB 1039.

SUMMARY AS PASSED:

Juvenile competency. Establishes juvenile court procedures for determining whether a juvenile is competent to stand trial, for restoration of competency and for dispositions for unrestorably incompetent juveniles. A juvenile’s competency is presumed; however, the Commonwealth’s attorney, defense counsel or judge can raise the issue of competency. The Commissioner of Mental Health, Mental Retardation and Substance Abuse Services is to approve the training and qualifications of professionals who perform the evaluations and provide restoration services. Evaluations are to be performed on an outpatient basis whenever possible. If the juvenile is otherwise able to understand the charges against him and assist in his defense, a finding of incompetency cannot be made based solely on his age or developmental factors, his claim to be unable to remember the time period surrounding the alleged offense or the fact that he is under the influence of medication. Incompetent juveniles must receive restoration services. If the juvenile is likely to remain incompetent for the foreseeable future, the court shall order that the juvenile be committed, certified, the subject of a child in need of services petition, or released. The bill is modeled after the adult competency provisions and is a recommendation of the Commission on Youth pursuant to HJR 69 (1998). This bill is identical to SB 1039.

SUMMARY AS PASSED HOUSE:

Juvenile competency. Establishes juvenile court procedures for determining whether a juvenile is competent to stand trial, for restoration of competency and for dispositions for unrestorably incompetent juveniles. A juvenile’s competency is presumed, however the Commonwealth’s attorney, defense counsel or judge can raise the issue of competency. The Commissioner of Mental Health, Mental Retardation and Substance Abuse Services is to approve the training and qualifications of professionals who perform the evaluations and provide restoration services. Evaluations are to be performed outpatient whenever possible. If the juvenile is otherwise able to understand the charges against him and assist in his defense, a finding of incompetency cannot be made based solely on his age or developmental factors, his claim to be unable to remember the time period surrounding the alleged offense or the fact that he is under medication. Incompetent juveniles must receive restoration services. If the juvenile is likely to remain incompetent for the foreseeable future, the court shall order that the juvenile be committed, certified, the subject of a child in need of supervision petition, or released. The bill is modeled after the adult competency provisions and is a recommendation of the Commission on Youth pursuant to HJR 69 (1998).

SUMMARY AS INTRODUCED:

Juvenile competency. Establishes juvenile court procedures for determining whether a juvenile is competent to stand trial, for restoration of competency and for dispositions for unrestorably incompetent juveniles. A juvenile’s competency is presumed, however the Commonwealth’s attorney, defense counsel or judge can raise the issue of competency. The Commissioner of Mental Health, Mental Retardation and Substance Abuse Services is to approve the training and qualifications of professionals who perform the evaluations and provide restoration services. Evaluations are to be performed outpatient whenever possible. If the juvenile is otherwise able to understand the charges against him and assist in his defense, a finding of incompetency cannot be made based solely on his age or developmental factors, his claim to be unable to remember the time period surrounding the alleged offense or the fact that he is under medication. Incompetent juveniles must receive restoration services. If the juvenile is likely to remain incompetent for the foreseeable future, the court shall order that the juvenile be committed, certified, the subject of a child in need of supervision petition, or released. The bill is modeled after the adult competency provisions and is a recommendation of the Commission on Youth pursuant to HJR 69 (1998).