SEARCH SITE
VIRGINIA LAW PORTAL
- Code of Virginia
- Virginia Administrative Code
- Constitution of Virginia
- Charters
- Authorities
- Compacts
- Uncodified Acts
- RIS Users (account required)
SEARCHABLE DATABASES
- Bills & Resolutions
session legislation - Bill Summaries
session summaries - Reports to the General Assembly
House and Senate documents - Legislative Liaisons
State agency contacts
ACROSS SESSIONS
- Subject Index: Since 1995
- Bills & Resolutions: Since 1994
- Summaries: Since 1994
Developed and maintained by the Division of Legislative Automated Systems.
2023 SESSION
SB 1507 Criminal proceedings; disposition when defendant found incompetent.
Introduced by: T. Montgomery "Monty" Mason | all patrons ... notes | add to my profiles | history
SUMMARY AS PASSED SENATE:
Criminal proceedings; disposition when defendant found incompetent; evaluation for temporary detention. Requires a competency evaluation report, when ordered to determine whether a defendant charged with certain misdemeanors lacks capacity to stand trial, to identify whether the defendant should be evaluated to determine whether he meets the criteria for temporary detention in the event that he is found incompetent but restorable or incompetent for the foreseeable future. The bill allows the court, when an evaluation for temporary detention is recommended, to order the local community services board or behavioral health authority to conduct an evaluation of the defendant and, if the defendant meets the criteria for temporary detention, file a petition for a temporary detention order. The bill requires the community services board or behavioral health authority to notify the court, in writing, within 72 hours of the completion of the evaluation. In cases in which the defendant fails or refuses to appear for the evaluation, the bill requires the community services board or behavioral health authority to notify the court of such failure or refusal and requires the court to issue a mandatory examination order and capias directing the local primary law-enforcement agency to transport the defendant to the location designated by the community services board or behavioral health authority for examination. The bill repeals the sunset on the provisions of Chapter 508 of the Acts of Assembly of 2022, which also relate to competency and temporary detention evaluations. This bill is identical to HB 1908.
SUMMARY AS INTRODUCED:
Criminal proceedings; disposition when defendant found incompetent; evaluation for temporary detention. Requires a competency evaluation report, when ordered to determine whether a defendant charged with certain misdemeanors lacks capacity to stand trial, to identify whether the defendant should be evaluated to determine whether he meets the criteria for temporary detention in the event he is found incompetent but restorable or incompetent for the foreseeable future. The bills allows the court, when an evaluation for temporary detention is recommended, to order the local community services board or behavioral health authority to conduct an evaluation of the defendant and, if the defendant meets the criteria for temporary detention, file a petition for a temporary detention order. The bill requires the community services board or behavioral health authority to notify the court, in writing, upon completion of the evaluation. In cases in which the defendant fails or refuses to appear for the evaluation, the bill requires the community services board or behavioral health authority to notify the court of such failure or refusal and requires the court to issue a mandatory examination order and capias directing the local primary law-enforcement agency to transport the defendant to the location designated by the community services board or behavioral health authority for examination. The bill repeals the sunset on the provisions of Chapter 508 of the Acts of Assembly of 2022, which also relate to competency and temporary detention evaluations.