2006 Code of Virginia § 19.2-169.5 - Evaluation of sanity at the time of the offense; disclosure of evaluation results

19.2-169.5. Evaluation of sanity at the time of the offense; disclosure ofevaluation results.

A. Raising issue of sanity at the time of offense; appointment of evaluators.- If, at any time before trial, the court finds, upon hearing evidence orrepresentations of counsel for the defendant, that there is probable cause tobelieve that the defendant's sanity will be a significant factor in hisdefense and that the defendant is financially unable to pay for expertassistance, the court shall appoint one or more qualified mental healthexperts to evaluate the defendant's sanity at the time of the offense and,where appropriate, to assist in the development of an insanity defense. Suchmental health expert shall be (i) a psychiatrist, a clinical psychologist, oran individual with a doctorate degree in clinical psychology who hassuccessfully completed forensic evaluation training as approved by theCommissioner of Mental Health, Mental Retardation and Substance AbuseServices and (ii) qualified by specialized training and experience to performforensic evaluations. The defendant shall not be entitled to a mental healthexpert of his own choosing or to funds to employ such expert.

B. Location of evaluation. - The evaluation shall be performed on anoutpatient basis, at a mental health facility or in jail, unless the courtspecifically finds that outpatient services are unavailable, or unless theresults of the outpatient evaluation indicate that hospitalization of thedefendant for further evaluation of his sanity at the time of the offense isnecessary. If either finding is made, the court, under authority of thissubsection, may order that the defendant be sent to a hospital designated bythe Commissioner of Mental Health, Mental Retardation and Substance AbuseServices as appropriate for evaluation of the defendant under criminalcharge. The defendant shall be hospitalized for such time as the director ofthe hospital deems necessary to perform an adequate evaluation of thedefendant's sanity at the time of the offense, but not to exceed 30 days fromthe date of admission to the hospital.

C. Provision of information to evaluator. - The court shall require the partymaking the motion for the evaluation, and such other parties as the courtdeems appropriate, to provide to the evaluators appointed under subsection Aany information relevant to the evaluation, including, but not limited to (i)copy of the warrant or indictment; (ii) the names and addresses of theattorney for the Commonwealth, the attorney for the defendant and the judgewho appointed the expert; (iii) information pertaining to the alleged crime,including statements by the defendant made to the police and transcripts ofpreliminary hearings, if any; (iv) a summary of the reasons for theevaluation request; (v) any available psychiatric, psychological, medical orsocial records that are deemed relevant; and (vi) a copy of the defendant'scriminal record, to the extent reasonably available.

D. The evaluators shall prepare a full report concerning the defendant'ssanity at the time of the offense, including whether he may have had asignificant mental disease or defect which rendered him insane at the time ofthe offense. The report shall be prepared within the time period designatedby the court, said period to include the time necessary to obtain andevaluate the information specified in subsection C.

E. Disclosure of evaluation results. - The report described in subsection Dshall be sent solely to the attorney for the defendant and shall be deemed tobe protected by the lawyer-client privilege. However, the Commonwealth shallbe given the report in all felony cases, the results of any other evaluationof the defendant's sanity at the time of the offense, and copies ofpsychiatric, psychological, medical, or other records obtained during thecourse of any such evaluation, after the attorney for the defendant givesnotice of an intent to present psychiatric or psychological evidence pursuantto 19.2-168.

F. In any case where the defendant obtains his own expert to evaluate thedefendant's sanity at the time of the offense, the provisions of subsectionsD and E, relating to the disclosure of the evaluation results, shall apply.

(1982, c. 653; 1986, c. 535; 1987, c. 439; 1996, cc. 937, 980; 2005, c. 428.)