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2017 SESSION
17100325DBe it enacted by the General Assembly of Virginia:
1. That § 19.2-169.2 of the Code of Virginia is amended and reenacted as follows:
§ 19.2-169.2. Disposition when defendant found incompetent.
A. Upon finding pursuant to subsection E of § 19.2-169.1 that
the defendant, including a juvenile transferred pursuant to § 16.1-269.1, is
incompetent, the court shall order that the defendant receive treatment to
restore his competency on an outpatient basis or, if the court specifically
finds that the defendant requires inpatient hospital treatment, at a hospital
designated by the Commissioner of Behavioral Health and Developmental Services
as appropriate for treatment of persons under criminal charge. Notwithstanding
the provisions of § 19.2-178, if the court orders inpatient hospital treatment,
the defendant shall be transferred to the hospital designated by the
Commissioner as soon as practicable, but no later than 10 days, from the [ issuance
receipt ] of the court order requiring treatment to restore the
defendant's competency. If the 10-day period expires on a Saturday, Sunday, or
other legal holiday, the 10 days shall be extended to the next day that is not
a Saturday, Sunday, or legal holiday. Any psychiatric records and other
information that have been deemed relevant and submitted by the attorney for
the defendant pursuant to subsection C of § 19.2-169.1 and any reports
submitted pursuant to subsection D of § 19.2-169.1 shall be made available to
the director of the community services board or behavioral health authority or
his designee or to the director of the treating inpatient facility or his
designee within 96 hours of the issuance of the court order requiring treatment
to restore the defendant's competency. If the 96-hour period expires on a
Saturday, Sunday, or other legal holiday, the 96 hours shall be extended to the
next day that is not a Saturday, Sunday, or legal holiday.
B. If, at any time after the defendant is ordered to undergo treatment under subsection A of this section, the director of the community services board or behavioral health authority or his designee or the director of the treating inpatient facility or his designee believes the defendant's competency is restored, the director or his designee shall immediately send a report to the court as prescribed in subsection D of § 19.2-169.1. The court shall make a ruling on the defendant's competency according to the procedures specified in subsection E of § 19.2-169.1.
C. The clerk of court shall certify and forward forthwith to the Central Criminal Records Exchange, on a form provided by the Exchange, a copy of an order for treatment issued pursuant to subsection A.