2006 Code of Virginia § 19.2-182.3 - Commitment; civil proceedings

19.2-182.3. Commitment; civil proceedings.

Upon receipt of the evaluation report and, if applicable, a conditionalrelease or discharge plan, the court shall schedule the matter for hearing onan expedited basis, giving the matter priority over other civil mattersbefore the court, to determine the appropriate disposition of the acquittee.Except as otherwise ordered by the court, the attorney who represented thedefendant at the criminal proceedings shall represent the acquittee throughthe proceedings pursuant to this section. The matter may be continued onmotion of either party for good cause shown. The acquittee shall be providedwith adequate notice of the hearing, of the right to be present at thehearing, the right to the assistance of counsel in preparation for and duringthe hearing, and the right to introduce evidence and cross-examine witnessesat the hearing. The hearing is a civil proceeding.

At the conclusion of the hearing, the court shall commit the acquittee if itfinds that he has mental illness or mental retardation and is in need ofinpatient hospitalization. For the purposes of this chapter, mental illnessincludes any mental illness, as defined in 37.2-100, in a state ofremission when the illness may, with reasonable probability, become active.The decision of the court shall be based upon consideration of the followingfactors:

1. To what extent the acquittee has mental illness or mental retardation, asthose terms are defined in 37.2-100;

2. The likelihood that the acquittee will engage in conduct presenting asubstantial risk of bodily harm to other persons or to himself in theforeseeable future;

3. The likelihood that the acquittee can be adequately controlled withsupervision and treatment on an outpatient basis; and

4. Such other factors as the court deems relevant.

If the court determines that an acquittee does not need inpatienthospitalization solely because of treatment or habilitation he is currentlyreceiving, but the court is not persuaded that the acquittee will continue toreceive such treatment or habilitation, it may commit him for inpatienthospitalization. The court shall order the acquittee released with conditionspursuant to 19.2-182.7 through 19.2-182.9 if it finds that he is not inneed of inpatient hospitalization but that he meets the criteria forconditional release set forth in 19.2-182.7. If the court finds that theacquittee does not need inpatient hospitalization nor does he meet thecriteria for conditional release, it shall release him without conditions,provided the court has approved a discharge plan prepared by the appropriatecommunity services board or behavioral health authority in consultation withthe appropriate hospital staff.

(1991, c. 427; 1993, c. 295; 2005, c. 716.)