19.2-182.2 - Verdict of acquittal by reason of insanity to state the fact; temporary custody and evaluation.
§ 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 wascommitted, 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 soacquitted (the acquittee) in temporary custody of the Commissioner ofBehavioral Health and Developmental Services (hereinafter referred to in thischapter as the Commissioner) for evaluation as to whether the acquittee maybe released with or without conditions or requires commitment. The evaluationshall be conducted by (i) one psychiatrist and (ii) one clinicalpsychologist. The psychiatrist or clinical psychologist shall be skilled inthe diagnosis of mental illness and mental retardation and qualified bytraining and experience to perform such evaluations. The Commissioner shallappoint both evaluators, at least one of whom shall not be employed by thehospital in which the acquittee is primarily confined. The evaluators shalldetermine whether the acquittee currently has mental illness or mentalretardation and shall assess the acquittee and report on his condition andneed for hospitalization with respect to the factors set forth in §19.2-182.3. The evaluators shall conduct their examinations and report theirfindings separately within forty-five days of the Commissioner's assumptionof custody. Copies of the report shall be sent to the acquittee's attorney,the attorney for the Commonwealth for the jurisdiction where the person wasacquitted and the community services board or behavioral health authority asdesignated by the Commissioner. If either evaluator recommends conditionalrelease or release without conditions of the acquittee, the court shallextend the evaluation period to permit the hospital in which the acquittee isconfined and the appropriate community services board or behavioral healthauthority to jointly prepare a conditional release or discharge plan, asapplicable, prior to the hearing.
(1991, c. 427; 1993, c. 295; 1996, cc. 937, 980; 2007, cc. 485, 565; 2009,cc. 813, 840.)