2006 Code of Virginia § 16.1-358 - Disposition of the unrestorably incompetent juvenile

16.1-358. Disposition of the unrestorably incompetent juvenile.

If, at any time after the juvenile is ordered to undergo services pursuant tosubsection A of 16.1-357, the agent providing restoration concludes thatthe juvenile 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 agent's opinion, the juvenile should be (i) committedpursuant to Article 16 ( 16.1-335 et seq.) of this chapter or, if thejuvenile has reached the age of eighteen years at the time of the competencydetermination, pursuant to Article 5 ( 37.2-814 et seq.) of Chapter 8 ofTitle 37.2, (ii) certified pursuant to 37.2-806, (iii) provided otherservices by the court, or (iv) released. Upon receipt of the report, thecourt shall make a competency determination according to the proceduresspecified in subsection F of 16.1-356. If the court finds that the juvenileis incompetent and is likely to remain so for the foreseeable future, itshall order that the juvenile (i) be committed pursuant to Article 16 (16.1-335 et seq.) of this chapter or, if the juvenile has reached the age ofeighteen years at the time of the competency determination, pursuant toArticle 5 ( 37.2-814 et seq.) of Chapter 8 of Title 37.2, (ii) be certifiedpursuant to 37.2-806, (iii) have a child in need of services petition filedon his behalf pursuant to 16.1-260 D, or (iv) be released. If the courtfinds the juvenile incompetent but restorable to competency in theforeseeable future, it may order restoration services continued until threemonths have elapsed from the date of the provision of restoration orderedunder subsection A of 16.1-357.

If not dismissed without prejudice at an earlier time, charges against anunrestorably incompetent juvenile shall be dismissed in compliance with thetime frames as follows: in the case of a charge which would be a misdemeanor,one year from the date of the juvenile's arrest for such charge; and in thecase of a charge which would be a felony, three years from the date of thejuvenile's arrest for such charges.

(1999, cc. 958, 997; 2000, c. 216.)