§ 19.2-169.3. Disposition of the unrestorably incompetent defendant; capitalmurder charge; referral to Commitment Review Committee.
A. If, at any time after the defendant is ordered to undergo treatmentpursuant to subsection A of § 19.2-169.2, the director of the communityservices board or behavioral health authority or his designee or the directorof the treating inpatient facility or his designee concludes that thedefendant is likely to remain incompetent for the foreseeable future, heshall send a report to the court so stating. The report shall also indicatewhether, in the board, authority, or inpatient facility director's or hisdesignee's opinion, the defendant should be released, committed pursuant toArticle 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, committed pursuantto Chapter 9 (§ 37.2-900 et seq.) of Title 37.2, or certified pursuant to §37.2-806 in the event he is found to be unrestorably incompetent. Uponreceipt of the report, the court shall make a competency determinationaccording to the procedures specified in subsection E of § 19.2-169.1. If thecourt finds that the defendant is incompetent and is likely to remain so forthe foreseeable future, it shall order that he be (i) released, (ii)committed pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title37.2, or (iii) certified pursuant to § 37.2-806. However, if the court findsthat the defendant is incompetent and is likely to remain so for theforeseeable future and the defendant has been charged with a sexually violentoffense, as defined in § 37.2-900, he shall be reviewed for commitmentpursuant to Chapter 9 (§ 37.2-900 et seq.) of Title 37.2. If the court findsthe defendant incompetent but restorable to competency in the foreseeablefuture, it may order treatment continued until six months have elapsed fromthe date of the defendant's initial admission under subsection A of §19.2-169.2.
B. At the end of six months from the date of the defendant's initialadmission under subsection A of § 19.2-169.2 if the defendant remainsincompetent in the opinion of the board, authority, or inpatient facilitydirector or his designee, the director or his designee shall so notify thecourt and make recommendations concerning disposition of the defendant asdescribed in subsection A. The court shall hold a hearing according to theprocedures specified in subsection E of § 19.2-169.1 and, if it finds thedefendant unrestorably incompetent, shall order one of the dispositionsdescribed in subsection A. If the court finds the defendant incompetent butrestorable to competency, it may order continued treatment under subsection Aof § 19.2-169.2 for additional six-month periods, provided a hearing pursuantto subsection E of § 19.2-169.1 is held at the completion of each such periodand the defendant continues to be incompetent but restorable to competency inthe foreseeable future.
C. If any defendant has been charged with a misdemeanor in violation ofArticle 3 (§ 18.2-95 et seq.) of Chapter 5 of Title 18.2 or Article 5 (§18.2-119 et seq.) of Chapter 5 of Title 18.2, other than a misdemeanor chargepursuant to § 18.2-130 or Article 2 (§ 18.2-415 et seq.) of Chapter 9 ofTitle 18.2, and is being treated pursuant to subsection A of § 19.2-169.2,and after 45 days has not been restored to competency, the director of thecommunity service board, behavioral health authority, or the director of thetreating inpatient facility, or any of their designees, shall send a reportindicating the defendant's status to the court. The report shall alsoindicate whether the defendant should be released or committed pursuant to §37.2-817 or certified pursuant to § 37.2-806. Upon receipt of the report, ifthe court determines that the defendant is still incompetent, the court shallorder that the defendant be released, committed, or certified, and maydismiss the charges against the defendant.
D. Unless an incompetent defendant is charged with capital murder or thecharges against an incompetent criminal defendant have been previouslydismissed, charges against an unrestorably incompetent defendant shall bedismissed on the date upon which his sentence would have expired had he beenconvicted and received the maximum sentence for the crime charged, or on thedate five years from the date of his arrest for such charges, whichever issooner.
E. If the court orders an unrestorably incompetent defendant to be reviewedfor commitment pursuant to § 37.2-904, it shall order the attorney for theCommonwealth in the jurisdiction wherein the defendant was charged and theCommissioner of Behavioral Health and Developmental Services to provide theCommitment Review Committee established pursuant to § 37.2-902 with anyinformation relevant to the review, including, but not limited to: (i) a copyof the warrant or indictment, (ii) a copy of the defendant's criminal record,(iii) information about the alleged crime, (iv) a copy of the competencyreport completed pursuant to § 19.2-169.1, and (v) a copy of the reportprepared by the director of the defendant's community services board,behavioral health authority, or treating inpatient facility or his designeepursuant to this section. The court shall further order that the defendant beheld in the custody of the Department of Behavioral Health and DevelopmentalServices for secure confinement and treatment until the Commitment ReviewCommittee's and Attorney General's review and any subsequent hearing or trialare completed. If the court receives notice that the Attorney General hasdeclined to file a petition for the commitment of an unrestorably incompetentdefendant as a sexually violent predator after conducting a review pursuantto § 37.2-905, the court shall order that the defendant be released,committed pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title37.2, or certified pursuant to § 37.2-806.
F. In any case when an incompetent defendant is charged with capital murder,notwithstanding any other provision of this section, the charge shall not bedismissed and the court having jurisdiction over the capital murder case mayorder that the defendant receive continued treatment under subsection A of §19.2-169.2 for additional six-month periods without limitation, provided that(i) a hearing pursuant to subsection E of § 19.2-169.1 is held at thecompletion of each such period, (ii) the defendant remains incompetent, (iii)the court finds continued treatment to be medically appropriate, and (iv) thedefendant presents a danger to himself or others.
G. The attorney for the Commonwealth may bring charges that have beendismissed against the defendant when he is restored to competency.
(1982, c. 653; 1999, cc. 946, 985; 2003, cc. 915, 919, 989, cls. 4, 5, 1018,cls. 4, 5, 1042, cls. 10, 11; 2006, cc. 863, 914; 2007, cc. 781, 876; 2008,cc. 406, 796; 2009, cc. 813, 840.)
§ 19.2-169.3. Disposition of the unrestorably incompetent defendant; capitalmurder charge; referral to Commitment Review Committee.
A. If, at any time after the defendant is ordered to undergo treatmentpursuant to subsection A of § 19.2-169.2, the director of the communityservices board or behavioral health authority or his designee or the directorof the treating inpatient facility or his designee concludes that thedefendant is likely to remain incompetent for the foreseeable future, heshall send a report to the court so stating. The report shall also indicatewhether, in the board, authority, or inpatient facility director's or hisdesignee's opinion, the defendant should be released, committed pursuant toArticle 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, committed pursuantto Chapter 9 (§ 37.2-900 et seq.) of Title 37.2, or certified pursuant to §37.2-806 in the event he is found to be unrestorably incompetent. Uponreceipt of the report, the court shall make a competency determinationaccording to the procedures specified in subsection E of § 19.2-169.1. If thecourt finds that the defendant is incompetent and is likely to remain so forthe foreseeable future, it shall order that he be (i) released, (ii)committed pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title37.2, or (iii) certified pursuant to § 37.2-806. However, if the court findsthat the defendant is incompetent and is likely to remain so for theforeseeable future and the defendant has been charged with a sexually violentoffense, as defined in § 37.2-900, he shall be reviewed for commitmentpursuant to Chapter 9 (§ 37.2-900 et seq.) of Title 37.2. If the court findsthe defendant incompetent but restorable to competency in the foreseeablefuture, it may order treatment continued until six months have elapsed fromthe date of the defendant's initial admission under subsection A of §19.2-169.2.
B. At the end of six months from the date of the defendant's initialadmission under subsection A of § 19.2-169.2 if the defendant remainsincompetent in the opinion of the board, authority, or inpatient facilitydirector or his designee, the director or his designee shall so notify thecourt and make recommendations concerning disposition of the defendant asdescribed in subsection A. The court shall hold a hearing according to theprocedures specified in subsection E of § 19.2-169.1 and, if it finds thedefendant unrestorably incompetent, shall order one of the dispositionsdescribed in subsection A. If the court finds the defendant incompetent butrestorable to competency, it may order continued treatment under subsection Aof § 19.2-169.2 for additional six-month periods, provided a hearing pursuantto subsection E of § 19.2-169.1 is held at the completion of each such periodand the defendant continues to be incompetent but restorable to competency inthe foreseeable future.
C. If any defendant has been charged with a misdemeanor in violation ofArticle 3 (§ 18.2-95 et seq.) of Chapter 5 of Title 18.2 or Article 5 (§18.2-119 et seq.) of Chapter 5 of Title 18.2, other than a misdemeanor chargepursuant to § 18.2-130 or Article 2 (§ 18.2-415 et seq.) of Chapter 9 ofTitle 18.2, and is being treated pursuant to subsection A of § 19.2-169.2,and after 45 days has not been restored to competency, the director of thecommunity service board, behavioral health authority, or the director of thetreating inpatient facility, or any of their designees, shall send a reportindicating the defendant's status to the court. The report shall alsoindicate whether the defendant should be released or committed pursuant to §37.2-817 or certified pursuant to § 37.2-806. Upon receipt of the report, ifthe court determines that the defendant is still incompetent, the court shallorder that the defendant be released, committed, or certified, and maydismiss the charges against the defendant.
D. Unless an incompetent defendant is charged with capital murder or thecharges against an incompetent criminal defendant have been previouslydismissed, charges against an unrestorably incompetent defendant shall bedismissed on the date upon which his sentence would have expired had he beenconvicted and received the maximum sentence for the crime charged, or on thedate five years from the date of his arrest for such charges, whichever issooner.
E. If the court orders an unrestorably incompetent defendant to be reviewedfor commitment pursuant to § 37.2-904, it shall order the attorney for theCommonwealth in the jurisdiction wherein the defendant was charged and theCommissioner of Behavioral Health and Developmental Services to provide theCommitment Review Committee established pursuant to § 37.2-902 with anyinformation relevant to the review, including, but not limited to: (i) a copyof the warrant or indictment, (ii) a copy of the defendant's criminal record,(iii) information about the alleged crime, (iv) a copy of the competencyreport completed pursuant to § 19.2-169.1, and (v) a copy of the reportprepared by the director of the defendant's community services board,behavioral health authority, or treating inpatient facility or his designeepursuant to this section. The court shall further order that the defendant beheld in the custody of the Department of Behavioral Health and DevelopmentalServices for secure confinement and treatment until the Commitment ReviewCommittee's and Attorney General's review and any subsequent hearing or trialare completed. If the court receives notice that the Attorney General hasdeclined to file a petition for the commitment of an unrestorably incompetentdefendant as a sexually violent predator after conducting a review pursuantto § 37.2-905, the court shall order that the defendant be released,committed pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title37.2, or certified pursuant to § 37.2-806.
F. In any case when an incompetent defendant is charged with capital murder,notwithstanding any other provision of this section, the charge shall not bedismissed and the court having jurisdiction over the capital murder case mayorder that the defendant receive continued treatment under subsection A of §19.2-169.2 for additional six-month periods without limitation, provided that(i) a hearing pursuant to subsection E of § 19.2-169.1 is held at thecompletion of each such period, (ii) the defendant remains incompetent, (iii)the court finds continued treatment to be medically appropriate, and (iv) thedefendant presents a danger to himself or others.
G. The attorney for the Commonwealth may bring charges that have beendismissed against the defendant when he is restored to competency.
(1982, c. 653; 1999, cc. 946, 985; 2003, cc. 915, 919, 989, cls. 4, 5, 1018,cls. 4, 5, 1042, cls. 10, 11; 2006, cc. 863, 914; 2007, cc. 781, 876; 2008,cc. 406, 796; 2009, cc. 813, 840.)
§ 19.2-169.3. Disposition of the unrestorably incompetent defendant; capitalmurder charge; referral to Commitment Review Committee.
A. If, at any time after the defendant is ordered to undergo treatmentpursuant to subsection A of § 19.2-169.2, the director of the communityservices board or behavioral health authority or his designee or the directorof the treating inpatient facility or his designee concludes that thedefendant is likely to remain incompetent for the foreseeable future, heshall send a report to the court so stating. The report shall also indicatewhether, in the board, authority, or inpatient facility director's or hisdesignee's opinion, the defendant should be released, committed pursuant toArticle 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, committed pursuantto Chapter 9 (§ 37.2-900 et seq.) of Title 37.2, or certified pursuant to §37.2-806 in the event he is found to be unrestorably incompetent. Uponreceipt of the report, the court shall make a competency determinationaccording to the procedures specified in subsection E of § 19.2-169.1. If thecourt finds that the defendant is incompetent and is likely to remain so forthe foreseeable future, it shall order that he be (i) released, (ii)committed pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title37.2, or (iii) certified pursuant to § 37.2-806. However, if the court findsthat the defendant is incompetent and is likely to remain so for theforeseeable future and the defendant has been charged with a sexually violentoffense, as defined in § 37.2-900, he shall be reviewed for commitmentpursuant to Chapter 9 (§ 37.2-900 et seq.) of Title 37.2. If the court findsthe defendant incompetent but restorable to competency in the foreseeablefuture, it may order treatment continued until six months have elapsed fromthe date of the defendant's initial admission under subsection A of §19.2-169.2.
B. At the end of six months from the date of the defendant's initialadmission under subsection A of § 19.2-169.2 if the defendant remainsincompetent in the opinion of the board, authority, or inpatient facilitydirector or his designee, the director or his designee shall so notify thecourt and make recommendations concerning disposition of the defendant asdescribed in subsection A. The court shall hold a hearing according to theprocedures specified in subsection E of § 19.2-169.1 and, if it finds thedefendant unrestorably incompetent, shall order one of the dispositionsdescribed in subsection A. If the court finds the defendant incompetent butrestorable to competency, it may order continued treatment under subsection Aof § 19.2-169.2 for additional six-month periods, provided a hearing pursuantto subsection E of § 19.2-169.1 is held at the completion of each such periodand the defendant continues to be incompetent but restorable to competency inthe foreseeable future.
C. If any defendant has been charged with a misdemeanor in violation ofArticle 3 (§ 18.2-95 et seq.) of Chapter 5 of Title 18.2 or Article 5 (§18.2-119 et seq.) of Chapter 5 of Title 18.2, other than a misdemeanor chargepursuant to § 18.2-130 or Article 2 (§ 18.2-415 et seq.) of Chapter 9 ofTitle 18.2, and is being treated pursuant to subsection A of § 19.2-169.2,and after 45 days has not been restored to competency, the director of thecommunity service board, behavioral health authority, or the director of thetreating inpatient facility, or any of their designees, shall send a reportindicating the defendant's status to the court. The report shall alsoindicate whether the defendant should be released or committed pursuant to §37.2-817 or certified pursuant to § 37.2-806. Upon receipt of the report, ifthe court determines that the defendant is still incompetent, the court shallorder that the defendant be released, committed, or certified, and maydismiss the charges against the defendant.
D. Unless an incompetent defendant is charged with capital murder or thecharges against an incompetent criminal defendant have been previouslydismissed, charges against an unrestorably incompetent defendant shall bedismissed on the date upon which his sentence would have expired had he beenconvicted and received the maximum sentence for the crime charged, or on thedate five years from the date of his arrest for such charges, whichever issooner.
E. If the court orders an unrestorably incompetent defendant to be reviewedfor commitment pursuant to § 37.2-904, it shall order the attorney for theCommonwealth in the jurisdiction wherein the defendant was charged and theCommissioner of Behavioral Health and Developmental Services to provide theCommitment Review Committee established pursuant to § 37.2-902 with anyinformation relevant to the review, including, but not limited to: (i) a copyof the warrant or indictment, (ii) a copy of the defendant's criminal record,(iii) information about the alleged crime, (iv) a copy of the competencyreport completed pursuant to § 19.2-169.1, and (v) a copy of the reportprepared by the director of the defendant's community services board,behavioral health authority, or treating inpatient facility or his designeepursuant to this section. The court shall further order that the defendant beheld in the custody of the Department of Behavioral Health and DevelopmentalServices for secure confinement and treatment until the Commitment ReviewCommittee's and Attorney General's review and any subsequent hearing or trialare completed. If the court receives notice that the Attorney General hasdeclined to file a petition for the commitment of an unrestorably incompetentdefendant as a sexually violent predator after conducting a review pursuantto § 37.2-905, the court shall order that the defendant be released,committed pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title37.2, or certified pursuant to § 37.2-806.
F. In any case when an incompetent defendant is charged with capital murder,notwithstanding any other provision of this section, the charge shall not bedismissed and the court having jurisdiction over the capital murder case mayorder that the defendant receive continued treatment under subsection A of §19.2-169.2 for additional six-month periods without limitation, provided that(i) a hearing pursuant to subsection E of § 19.2-169.1 is held at thecompletion of each such period, (ii) the defendant remains incompetent, (iii)the court finds continued treatment to be medically appropriate, and (iv) thedefendant presents a danger to himself or others.
G. The attorney for the Commonwealth may bring charges that have beendismissed against the defendant when he is restored to competency.
(1982, c. 653; 1999, cc. 946, 985; 2003, cc. 915, 919, 989, cls. 4, 5, 1018,cls. 4, 5, 1042, cls. 10, 11; 2006, cc. 863, 914; 2007, cc. 781, 876; 2008,cc. 406, 796; 2009, cc. 813, 840.)
