2006 Code of Virginia § 19.2-168.1 - Evaluation on motion of the Commonwealth after notice

19.2-168.1. Evaluation on motion of the Commonwealth after notice.

A. If the attorney for the defendant gives notice pursuant to 19.2-168, andthe Commonwealth thereafter seeks an evaluation of the defendant's sanity atthe time of the offense, the court shall appoint one or more qualified mentalhealth experts to perform such an evaluation. The court shall order thedefendant to submit to such an evaluation and advise the defendant on therecord in court that a refusal to cooperate with the Commonwealth's expertcould result in exclusion of the defendant's expert evidence. Thequalification of the experts shall be governed by subsection A of 19.2-169.5. The location of the evaluation shall be governed by subsection Bof 19.2-169.5. The attorney for the Commonwealth shall be responsible forproviding the experts the information specified in subsection C of 19.2-169.5. After performing their evaluation, the experts shall report theirfindings and opinions, and provide copies of psychiatric, psychological,medical or other records obtained during the course of the evaluation to theattorneys for the Commonwealth and the defense.

B. If the court finds, after hearing evidence presented by the parties, thatthe defendant has refused to cooperate with an evaluation requested by theCommonwealth, it may admit evidence of such refusal or, in the discretion ofthe court, bar the defendant from presenting expert psychiatric orpsychological evidence at trial on the issue of his sanity at the time of theoffense.

(1982, c. 653; 1986, c. 535.)