2006 Code of Virginia § 19.2-169.6 - Emergency treatment prior to trial

19.2-169.6. Emergency treatment prior to trial.

A. Any defendant who is not subject to the provisions of 19.2-169.2 may behospitalized for psychiatric treatment prior to trial if:

1. The court with jurisdiction over the defendant's case finds clear andconvincing evidence that the defendant (i) is being properly detained in jailprior to trial; (ii) has mental illness and is imminently dangerous tohimself or others in the opinion of a qualified mental health professional;and (iii) requires treatment in a hospital rather than the jail in theopinion of a qualified mental health professional; or

2. The person having custody over a defendant who is awaiting trial hasreasonable cause to believe that (i) the defendant has mental illness and isimminently dangerous to himself or others and (ii) requires treatment in ahospital rather than jail and the person having such custody arranges for anevaluation of the defendant by a person skilled in the diagnosis andtreatment of mental illness provided a district court judge or a specialjustice, as defined in 37.2-100 or, if a judge or special justice is notavailable, a magistrate, upon the advice of a person skilled in the diagnosisand treatment of mental illness, subsequently issues a temporary detentionorder for treatment in accordance with the procedures specified in 37.2-809 through 37.2-813. In no event shall the defendant have the right tomake application for voluntary admission and treatment as may be otherwiseprovided in 37.2-805 or 37.2-814.

If the defendant is committed pursuant to subdivision 1 of this subsection,the attorney for the defendant shall be notified that the court isconsidering hospitalizing the defendant for psychiatric treatment and shallhave the opportunity to challenge the findings of the qualified mental healthprofessional. If the defendant is detained pursuant to subdivision 2 of thissubsection, the court having jurisdiction over the defendant's case and theattorney for the defendant shall be given notice prior to the detentionpursuant to a temporary detention order or as soon thereafter as isreasonable. Upon detention pursuant to subdivision 2 of this subsection, ahearing shall be held, upon notice to the attorney for the defendant, either(i) before the court having jurisdiction over the defendant's case or (ii)before a district court judge or a special justice, as defined in 37.2-100,in accordance with the provisions of 37.2-820, in which case the defendantshall be represented by counsel as specified in 37.2-814; the hearing shallbe held within 48 hours of execution of the temporary order to allow thecourt that hears the case to make the findings, based upon clear andconvincing evidence, that are specified in subdivision 1 of this subsection.If the 48-hour period herein specified terminates on a Saturday, Sunday, orlegal holiday, the person may be detained for the same period allowed fordetention pursuant to a temporary detention order issued pursuant to 37.2-809 through 37.2-813.

In any case in which the defendant is hospitalized pursuant to this section,the court having jurisdiction over the defendant's case may provide by orderthat the admitting hospital evaluate the defendant's competency to standtrial and his mental state at the time of the offense pursuant to 19.2-169.1 and 19.2-169.5.

B. A defendant subject to this section shall be treated at a hospitaldesignated by the Commissioner as appropriate for treatment and evaluation ofpersons under criminal charge. The director of the hospital shall, within 30days of the defendant's admission, send a report to the court withjurisdiction over the defendant addressing the defendant's continued need fortreatment for a mental illness and being imminently dangerous to himself orothers and, if so ordered by the court, the defendant's competency to standtrial, pursuant to subsection D of 19.2-169.1, and his mental state at thetime of the offense, pursuant to subsection D of 19.2-169.5. Based on thisreport, the court shall (i) find the defendant incompetent to stand trialpursuant to subsection E of 19.2-169.1 and proceed accordingly, (ii) orderthat the defendant be discharged from custody pending trial, (iii) order thatthe defendant be returned to jail pending trial, or (iv) make otherappropriate disposition, including dismissal of charges and release of thedefendant.

C. A defendant may not be hospitalized longer than 30 days under this sectionunless the court which has criminal jurisdiction over him or a district courtjudge or a special justice, as defined in 37.2-100, holds a hearing atwhich the defendant shall be represented by an attorney and finds clear andconvincing evidence that the defendant continues to (i) have a mentalillness, (ii) be imminently dangerous to himself or others, and (iii) be inneed of psychiatric treatment in a hospital. Hospitalization may be extendedin this manner for periods of 60 days, but in no event may suchhospitalization be continued beyond trial, nor shall such hospitalization actto delay trial, so long as the defendant remains competent to stand trial.

(1982, c. 653; 1986, c. 629; 1987, c. 96; 1990, c. 76; 1995, c. 844; 2005, c.716.)