§ 19.2-301. Judge shall require examination under § 19.2-300; by whom made;report; expenses of psychiatrist.
The judge shall order the defendant examined by at least one psychiatrist orclinical psychologist who is qualified by specialized training and experienceto perform such evaluations. Upon a finding by the court that a psychiatristor clinical psychologist is not reasonably available for the instant case,the court may appoint a state licensed clinical social worker who has beencertified by the Commonwealth as a sex offender treatment provider as definedin § 54.1-3600 and qualified by experience and by specialized trainingapproved by the Commissioner of Behavioral Health and Developmental Servicesto perform such evaluations. The examination shall be performed on anoutpatient basis at a mental health facility or in jail. However, if thecourt specifically finds that outpatient examination services are unavailableor if the results of outpatient examination indicate that hospitalization ofthe defendant for further examination is necessary, the court may order thedefendant sent to a hospital designated by the Commissioner of BehavioralHealth and Developmental Services as appropriate for examination of personsconvicted of crimes. The defendant shall then be hospitalized for such timeas the director of the hospital deems necessary to perform an adequateexamination, but not to exceed 30 days from the date of admission to thehospital. Upon completion of the examination, the examiners shall prepare awritten report of their findings and conclusions and shall furnish copies ofsuch report to the defendant, counsel for the defendant, and the attorney forthe Commonwealth at least five days prior to sentencing and shall furnish acopy of the report to the judge in advance of the sentencing hearing. Thereport of the examiners shall at all times be kept confidential by eachrecipient, except to the extent necessary for the prosecution or defense ofany offense, and shall be filed as part of the record in the case and thedefendant's copy shall be returned to the court at the conclusion ofsentencing. Any report so filed shall be sealed upon the entry of thesentencing order by the court and made available only by court order, exceptthat such report or copies thereof shall be available at any time to theoffice of the Attorney General for assessment for civil commitment asprovided in Chapter 9 (§ 37.2-900 et seq.) of Title 37.2; any criminaljustice agency, as defined in § 9.1-101, of this or any other state or of theUnited States; to any agency where the accused is referred for treatment bythe court or by probation and parole services; and to counsel for any personwho has been indicted jointly for the same felony as the person who is thesubject of the report. Any such report shall without court order be madeavailable to counsel for the person who is the subject of the report if thatperson is charged with a felony subsequent to the time of the preparation ofthe report.
(Code 1950, § 53-278.3; 1950, p. 898; 1970, c. 62; 1975, cc. 286, 495; 1990,c. 697; 2002, c. 662; 2003, c. 886; 2007, c. 440; 2009, cc. 813, 840.)
§ 19.2-301. Judge shall require examination under § 19.2-300; by whom made;report; expenses of psychiatrist.
The judge shall order the defendant examined by at least one psychiatrist orclinical psychologist who is qualified by specialized training and experienceto perform such evaluations. Upon a finding by the court that a psychiatristor clinical psychologist is not reasonably available for the instant case,the court may appoint a state licensed clinical social worker who has beencertified by the Commonwealth as a sex offender treatment provider as definedin § 54.1-3600 and qualified by experience and by specialized trainingapproved by the Commissioner of Behavioral Health and Developmental Servicesto perform such evaluations. The examination shall be performed on anoutpatient basis at a mental health facility or in jail. However, if thecourt specifically finds that outpatient examination services are unavailableor if the results of outpatient examination indicate that hospitalization ofthe defendant for further examination is necessary, the court may order thedefendant sent to a hospital designated by the Commissioner of BehavioralHealth and Developmental Services as appropriate for examination of personsconvicted of crimes. The defendant shall then be hospitalized for such timeas the director of the hospital deems necessary to perform an adequateexamination, but not to exceed 30 days from the date of admission to thehospital. Upon completion of the examination, the examiners shall prepare awritten report of their findings and conclusions and shall furnish copies ofsuch report to the defendant, counsel for the defendant, and the attorney forthe Commonwealth at least five days prior to sentencing and shall furnish acopy of the report to the judge in advance of the sentencing hearing. Thereport of the examiners shall at all times be kept confidential by eachrecipient, except to the extent necessary for the prosecution or defense ofany offense, and shall be filed as part of the record in the case and thedefendant's copy shall be returned to the court at the conclusion ofsentencing. Any report so filed shall be sealed upon the entry of thesentencing order by the court and made available only by court order, exceptthat such report or copies thereof shall be available at any time to theoffice of the Attorney General for assessment for civil commitment asprovided in Chapter 9 (§ 37.2-900 et seq.) of Title 37.2; any criminaljustice agency, as defined in § 9.1-101, of this or any other state or of theUnited States; to any agency where the accused is referred for treatment bythe court or by probation and parole services; and to counsel for any personwho has been indicted jointly for the same felony as the person who is thesubject of the report. Any such report shall without court order be madeavailable to counsel for the person who is the subject of the report if thatperson is charged with a felony subsequent to the time of the preparation ofthe report.
(Code 1950, § 53-278.3; 1950, p. 898; 1970, c. 62; 1975, cc. 286, 495; 1990,c. 697; 2002, c. 662; 2003, c. 886; 2007, c. 440; 2009, cc. 813, 840.)
§ 19.2-301. Judge shall require examination under § 19.2-300; by whom made;report; expenses of psychiatrist.
The judge shall order the defendant examined by at least one psychiatrist orclinical psychologist who is qualified by specialized training and experienceto perform such evaluations. Upon a finding by the court that a psychiatristor clinical psychologist is not reasonably available for the instant case,the court may appoint a state licensed clinical social worker who has beencertified by the Commonwealth as a sex offender treatment provider as definedin § 54.1-3600 and qualified by experience and by specialized trainingapproved by the Commissioner of Behavioral Health and Developmental Servicesto perform such evaluations. The examination shall be performed on anoutpatient basis at a mental health facility or in jail. However, if thecourt specifically finds that outpatient examination services are unavailableor if the results of outpatient examination indicate that hospitalization ofthe defendant for further examination is necessary, the court may order thedefendant sent to a hospital designated by the Commissioner of BehavioralHealth and Developmental Services as appropriate for examination of personsconvicted of crimes. The defendant shall then be hospitalized for such timeas the director of the hospital deems necessary to perform an adequateexamination, but not to exceed 30 days from the date of admission to thehospital. Upon completion of the examination, the examiners shall prepare awritten report of their findings and conclusions and shall furnish copies ofsuch report to the defendant, counsel for the defendant, and the attorney forthe Commonwealth at least five days prior to sentencing and shall furnish acopy of the report to the judge in advance of the sentencing hearing. Thereport of the examiners shall at all times be kept confidential by eachrecipient, except to the extent necessary for the prosecution or defense ofany offense, and shall be filed as part of the record in the case and thedefendant's copy shall be returned to the court at the conclusion ofsentencing. Any report so filed shall be sealed upon the entry of thesentencing order by the court and made available only by court order, exceptthat such report or copies thereof shall be available at any time to theoffice of the Attorney General for assessment for civil commitment asprovided in Chapter 9 (§ 37.2-900 et seq.) of Title 37.2; any criminaljustice agency, as defined in § 9.1-101, of this or any other state or of theUnited States; to any agency where the accused is referred for treatment bythe court or by probation and parole services; and to counsel for any personwho has been indicted jointly for the same felony as the person who is thesubject of the report. Any such report shall without court order be madeavailable to counsel for the person who is the subject of the report if thatperson is charged with a felony subsequent to the time of the preparation ofthe report.
(Code 1950, § 53-278.3; 1950, p. 898; 1970, c. 62; 1975, cc. 286, 495; 1990,c. 697; 2002, c. 662; 2003, c. 886; 2007, c. 440; 2009, cc. 813, 840.)
