2006 Code of Virginia § 19.2-301 - Judge shall require examination under { 19.2-300; by whom made; report; expenses of psychiatris...

19.2-301. Judge shall require examination under 19.2-300; by whom made;report; expenses of psychiatrist.

The judge shall order the defendant examined by at least one psychiatrist orclinical psychologist who is qualified by specialized training and experienceto perform such evaluations. The examination shall be performed on anoutpatient basis at a mental health facility or in jail. However, if thecourt specifically finds that outpatient examination services are unavailableor if the results of outpatient examination indicate that hospitalization ofthe defendant for further examination is necessary, the court may order thedefendant sent to a hospital designated by the Commissioner of Mental Health,Mental Retardation, and Substance Abuse Services as appropriate forexamination of persons convicted of crimes. The defendant shall then behospitalized for such time as the director of the hospital deems necessary toperform an adequate examination, but not to exceed 30 days from the date ofadmission to the hospital. Upon completion of the examination, the examinersshall prepare a written report of their findings and conclusions and shallfurnish copies of such report to the defendant, counsel for the defendant,and the attorney for the Commonwealth at least five days prior to sentencingand shall furnish a copy of the report to the judge in advance of thesentencing hearing. The report of the examiners shall at all times be keptconfidential by each recipient, except to the extent necessary for theprosecution or defense of any offense, and shall be filed as part of therecord in the case and the defendant's copy shall be returned to the court atthe conclusion of sentencing. Any report so filed shall be sealed upon theentry of the sentencing order by the court and made available only by courtorder, except that such report or copies thereof shall be available at anytime to the office of the Attorney General for assessment for civilcommitment as provided in Chapter 9 ( 37.2-900 et seq.) of Title 37.2; anycriminal justice agency, as defined in 9.1-101, of this or any other stateor of the United States; to any agency where the accused is referred fortreatment by the court or by probation and parole services; and to counselfor any person who has been indicted jointly for the same felony as theperson who is the subject of the report. Any such report shall without courtorder be made available to counsel for the person who is the subject of thereport if that person is charged with a felony subsequent to the time of thepreparation of the report.

(Code 1950, 53-278.3; 1950, p. 898; 1970, c. 62; 1975, cc. 286, 495; 1990,c. 697; 2002, c. 662; 2003, c. 886.)