2006 Code of Virginia § 19.2-176 - Determination of insanity after conviction but before sentence; hearing

19.2-176. Determination of insanity after conviction but before sentence;hearing.

A. If, after conviction and before sentence of any person, the judgepresiding at the trial finds reasonable ground to question such person'smental state, he may order an evaluation of such person's mental state by atleast one psychiatrist or clinical psychologist who is qualified by trainingand experience to perform such evaluations. If the judge, based on theevaluation, and after hearing representations of the defendant's counsel,finds clear and convincing evidence that the defendant (i) is mentally ill,and (ii) requires treatment in a mental hospital rather than the jail, he mayorder the defendant hospitalized in a facility designated by the Commissioneras appropriate for treatment of persons convicted of crime. The time suchperson is confined to such hospital shall be deducted from any term for whichhe may be sentenced to any penal institution, reformatory or elsewhere.

B. If it appears from all evidence readily available that the defendant ismentally ill and poses an imminent danger to himself or others if notimmediately hospitalized, a temporary order of detention may be issued inaccordance with subdivision A 2 of 19.2-169.6 and a hearing shall beconducted in accordance with subsections A and C within forty-eight hours ofexecution of the temporary order of detention, or if the forty-eight-hourperiod herein specified terminates on a Saturday, Sunday or legal holiday,such person may be detained for the same period allowed for detentionpursuant to an order for temporary detention issued pursuant to 37.2-809to 37.2-813.

C. A defendant may not be hospitalized longer than thirty days under thissection unless the court which has criminal jurisdiction over him, or a courtdesignated by such court, holds a hearing, at which the defendant shall berepresented by an attorney, and finds clear and convincing evidence that thedefendant continues to be (i) mentally ill, (ii) imminently dangerous to selfor others, and (iii) in need of psychiatric treatment in a hospital.Hospitalization may be extended in this manner for periods of 180 days, butin no event may such hospitalization be continued beyond the date upon whichhis sentence would have expired had he received the maximum sentence for thecrime charged.

(Code 1950, 19.1-234; 1960, c. 366; 1964, c. 231; 1966, c. 715; 1972, c.295; 1975, c. 495; 1982, c. 653; 1986, c. 629; 1990, c. 76.)