§ 40.1-5.3-4 Commitment of personsacquitted on ground of insanity. – (a) Definitions. As used in this section:
(1) "Court" means the court in which a defendant was adjudgednot guilty of a criminal offense because he or she was insane at the time ofits commission.
(2) "Director" means the director of the state department ofmental health, retardation, and hospitals.
(3) "Mental disability" means a mental disorder in which thecapacity of a person to exercise self control or judgment in the conduct of hisor her affairs and social relations or to care for his or her own personalneeds is significantly impaired.
(4) "Likelihood of serious harm" means:
(i) A substantial risk of physical harm to the person him orherself as manifested by behavior evidencing serious threats of or attempts atsuicide or by behavior which will result in serious bodily harm; or
(ii) A substantial risk of physical harm to other persons asmanifested by behavior or threats evidencing homicidal or other violentbehavior.
(b) Examination of person found not guilty. If aperson is adjudged not guilty of a criminal offense because he or she wasinsane at the time of its commission, the court shall commit him or her to thecustody of the director for the purpose of observation and examination todetermine whether the person is dangerous.
(c) Report of director. (1) Not later thantwenty (20) days from the date of the order of commitment, the director shallprepare and file with the court a report, in writing, in which he or she shallstate his or her opinion as to whether by reason of mental disability theperson's unsupervised presence in the community will create a likelihood ofserious harm, together with the medical and other data upon which his or heropinion is based. A copy of the report shall be given to the attorney generaland to the person or his or her counsel.
(2) In the event the director is unable to complete theexamination of the person in time to render his or her report within the twenty(20) day period, he or she shall report that fact, in writing, to the courtwith a statement of the reasons why the examination and report could not becompleted within the prescribed period. A copy of the director's statementshall be given to the attorney general and to the person or his or her counsel,any of whom may respond in writing, or if the court deems it appropriate,orally, to the director's statement. The court may thereupon enter an orderextending for an additional twenty (20) days the time in which the director isto file his or her report.
(d) Hearing. Upon receipt of the report andappropriate notice to the director, the attorney general and the person or hisor her counsel, the court shall hold a hearing at which the report shall beintroduced, other evidence bearing on the question of the mental condition ofthe person may be introduced by the parties, and the person may testify,confront witnesses, and present evidence.
(e) Commitment of person. If the court finds that theperson is not dangerous it shall order that he or she be discharged at once. Ifthe court finds that the person is dangerous it shall commit him or her to thecustody of the director for care and treatment as an inpatient in a publicinstitution. A person committed under this subsection shall not be paroled,furloughed, placed on outpatient status, or released from a locked facility orotherwise released from the institution where he or she is being treated exceptupon petition to the court by the director, on notice to the attorney generaland the person or his or her counsel, and entry of an order by a judge of thecourt authorizing the release.
(f) Periodic review. The director shall petition thecourt to review the condition of a person committed pursuant to subsection (e)not later than six (6) months from the date of the order of commitment andevery six (6) months thereafter, or when the director no longer believes thatthe unsupervised presence of the person in the community will create alikelihood of serious harm, whichever occurs first. The director shall attachto the petition a report on the condition of the person. Copies of the reportshall be given to the attorney general and to the defendant or his or hercounsel.
(g) Person's right to petition. A person committedpursuant to subsection (e) may at any time petition the court to review his orher condition.
(h) Hearing on petition. Upon receipt of a petitionpursuant to subsection (f) or (g) and appropriate notice to the director, theattorney general and the person or his or her counsel, the court shall hold ahearing at which the parties may introduce evidence bearing on the mentalcondition of the person, including any reports of the director, and the personmay testify, confront witnesses, and present evidence. If the court finds byclear and convincing evidence that by reason of mental disability the presenceof the person in the community will create a likelihood of serious harm, itshall enter an order to that effect and he or she shall remain in the custodyof the director. If the court does not so find, it shall enter an orderdischarging the person from the custody of the director.
(i) Transfer of nonresidents. In the case of a personwho has been committed pursuant to subsection (e) and who is a resident ofanother state, the director, on notice to the attorney general and the personor his or her counsel, may petition the court to transfer the person to thecustody of officials of the state in which the person ordinarily resides. Thecourt may, in its discretion, order the transfer of the person if it finds thatappropriate officials of the state in which the person ordinarily resides arewilling to accept custody of the person and provide care and treatment for himor her on such terms and conditions as the court deems to be necessary andproper to the peace and safety of the public and to the welfare of the person.
§ 40.1-5.3-4 Commitment of personsacquitted on ground of insanity. – (a) Definitions. As used in this section:
(1) "Court" means the court in which a defendant was adjudgednot guilty of a criminal offense because he or she was insane at the time ofits commission.
(2) "Director" means the director of the state department ofmental health, retardation, and hospitals.
(3) "Mental disability" means a mental disorder in which thecapacity of a person to exercise self control or judgment in the conduct of hisor her affairs and social relations or to care for his or her own personalneeds is significantly impaired.
(4) "Likelihood of serious harm" means:
(i) A substantial risk of physical harm to the person him orherself as manifested by behavior evidencing serious threats of or attempts atsuicide or by behavior which will result in serious bodily harm; or
(ii) A substantial risk of physical harm to other persons asmanifested by behavior or threats evidencing homicidal or other violentbehavior.
(b) Examination of person found not guilty. If aperson is adjudged not guilty of a criminal offense because he or she wasinsane at the time of its commission, the court shall commit him or her to thecustody of the director for the purpose of observation and examination todetermine whether the person is dangerous.
(c) Report of director. (1) Not later thantwenty (20) days from the date of the order of commitment, the director shallprepare and file with the court a report, in writing, in which he or she shallstate his or her opinion as to whether by reason of mental disability theperson's unsupervised presence in the community will create a likelihood ofserious harm, together with the medical and other data upon which his or heropinion is based. A copy of the report shall be given to the attorney generaland to the person or his or her counsel.
(2) In the event the director is unable to complete theexamination of the person in time to render his or her report within the twenty(20) day period, he or she shall report that fact, in writing, to the courtwith a statement of the reasons why the examination and report could not becompleted within the prescribed period. A copy of the director's statementshall be given to the attorney general and to the person or his or her counsel,any of whom may respond in writing, or if the court deems it appropriate,orally, to the director's statement. The court may thereupon enter an orderextending for an additional twenty (20) days the time in which the director isto file his or her report.
(d) Hearing. Upon receipt of the report andappropriate notice to the director, the attorney general and the person or hisor her counsel, the court shall hold a hearing at which the report shall beintroduced, other evidence bearing on the question of the mental condition ofthe person may be introduced by the parties, and the person may testify,confront witnesses, and present evidence.
(e) Commitment of person. If the court finds that theperson is not dangerous it shall order that he or she be discharged at once. Ifthe court finds that the person is dangerous it shall commit him or her to thecustody of the director for care and treatment as an inpatient in a publicinstitution. A person committed under this subsection shall not be paroled,furloughed, placed on outpatient status, or released from a locked facility orotherwise released from the institution where he or she is being treated exceptupon petition to the court by the director, on notice to the attorney generaland the person or his or her counsel, and entry of an order by a judge of thecourt authorizing the release.
(f) Periodic review. The director shall petition thecourt to review the condition of a person committed pursuant to subsection (e)not later than six (6) months from the date of the order of commitment andevery six (6) months thereafter, or when the director no longer believes thatthe unsupervised presence of the person in the community will create alikelihood of serious harm, whichever occurs first. The director shall attachto the petition a report on the condition of the person. Copies of the reportshall be given to the attorney general and to the defendant or his or hercounsel.
(g) Person's right to petition. A person committedpursuant to subsection (e) may at any time petition the court to review his orher condition.
(h) Hearing on petition. Upon receipt of a petitionpursuant to subsection (f) or (g) and appropriate notice to the director, theattorney general and the person or his or her counsel, the court shall hold ahearing at which the parties may introduce evidence bearing on the mentalcondition of the person, including any reports of the director, and the personmay testify, confront witnesses, and present evidence. If the court finds byclear and convincing evidence that by reason of mental disability the presenceof the person in the community will create a likelihood of serious harm, itshall enter an order to that effect and he or she shall remain in the custodyof the director. If the court does not so find, it shall enter an orderdischarging the person from the custody of the director.
(i) Transfer of nonresidents. In the case of a personwho has been committed pursuant to subsection (e) and who is a resident ofanother state, the director, on notice to the attorney general and the personor his or her counsel, may petition the court to transfer the person to thecustody of officials of the state in which the person ordinarily resides. Thecourt may, in its discretion, order the transfer of the person if it finds thatappropriate officials of the state in which the person ordinarily resides arewilling to accept custody of the person and provide care and treatment for himor her on such terms and conditions as the court deems to be necessary andproper to the peace and safety of the public and to the welfare of the person.
§ 40.1-5.3-4 Commitment of personsacquitted on ground of insanity. – (a) Definitions. As used in this section:
(1) "Court" means the court in which a defendant was adjudgednot guilty of a criminal offense because he or she was insane at the time ofits commission.
(2) "Director" means the director of the state department ofmental health, retardation, and hospitals.
(3) "Mental disability" means a mental disorder in which thecapacity of a person to exercise self control or judgment in the conduct of hisor her affairs and social relations or to care for his or her own personalneeds is significantly impaired.
(4) "Likelihood of serious harm" means:
(i) A substantial risk of physical harm to the person him orherself as manifested by behavior evidencing serious threats of or attempts atsuicide or by behavior which will result in serious bodily harm; or
(ii) A substantial risk of physical harm to other persons asmanifested by behavior or threats evidencing homicidal or other violentbehavior.
(b) Examination of person found not guilty. If aperson is adjudged not guilty of a criminal offense because he or she wasinsane at the time of its commission, the court shall commit him or her to thecustody of the director for the purpose of observation and examination todetermine whether the person is dangerous.
(c) Report of director. (1) Not later thantwenty (20) days from the date of the order of commitment, the director shallprepare and file with the court a report, in writing, in which he or she shallstate his or her opinion as to whether by reason of mental disability theperson's unsupervised presence in the community will create a likelihood ofserious harm, together with the medical and other data upon which his or heropinion is based. A copy of the report shall be given to the attorney generaland to the person or his or her counsel.
(2) In the event the director is unable to complete theexamination of the person in time to render his or her report within the twenty(20) day period, he or she shall report that fact, in writing, to the courtwith a statement of the reasons why the examination and report could not becompleted within the prescribed period. A copy of the director's statementshall be given to the attorney general and to the person or his or her counsel,any of whom may respond in writing, or if the court deems it appropriate,orally, to the director's statement. The court may thereupon enter an orderextending for an additional twenty (20) days the time in which the director isto file his or her report.
(d) Hearing. Upon receipt of the report andappropriate notice to the director, the attorney general and the person or hisor her counsel, the court shall hold a hearing at which the report shall beintroduced, other evidence bearing on the question of the mental condition ofthe person may be introduced by the parties, and the person may testify,confront witnesses, and present evidence.
(e) Commitment of person. If the court finds that theperson is not dangerous it shall order that he or she be discharged at once. Ifthe court finds that the person is dangerous it shall commit him or her to thecustody of the director for care and treatment as an inpatient in a publicinstitution. A person committed under this subsection shall not be paroled,furloughed, placed on outpatient status, or released from a locked facility orotherwise released from the institution where he or she is being treated exceptupon petition to the court by the director, on notice to the attorney generaland the person or his or her counsel, and entry of an order by a judge of thecourt authorizing the release.
(f) Periodic review. The director shall petition thecourt to review the condition of a person committed pursuant to subsection (e)not later than six (6) months from the date of the order of commitment andevery six (6) months thereafter, or when the director no longer believes thatthe unsupervised presence of the person in the community will create alikelihood of serious harm, whichever occurs first. The director shall attachto the petition a report on the condition of the person. Copies of the reportshall be given to the attorney general and to the defendant or his or hercounsel.
(g) Person's right to petition. A person committedpursuant to subsection (e) may at any time petition the court to review his orher condition.
(h) Hearing on petition. Upon receipt of a petitionpursuant to subsection (f) or (g) and appropriate notice to the director, theattorney general and the person or his or her counsel, the court shall hold ahearing at which the parties may introduce evidence bearing on the mentalcondition of the person, including any reports of the director, and the personmay testify, confront witnesses, and present evidence. If the court finds byclear and convincing evidence that by reason of mental disability the presenceof the person in the community will create a likelihood of serious harm, itshall enter an order to that effect and he or she shall remain in the custodyof the director. If the court does not so find, it shall enter an orderdischarging the person from the custody of the director.
(i) Transfer of nonresidents. In the case of a personwho has been committed pursuant to subsection (e) and who is a resident ofanother state, the director, on notice to the attorney general and the personor his or her counsel, may petition the court to transfer the person to thecustody of officials of the state in which the person ordinarily resides. Thecourt may, in its discretion, order the transfer of the person if it finds thatappropriate officials of the state in which the person ordinarily resides arewilling to accept custody of the person and provide care and treatment for himor her on such terms and conditions as the court deems to be necessary andproper to the peace and safety of the public and to the welfare of the person.
