2006 Code of Virginia § 19.2-316 - Evaluation and report prior to determining punishment

19.2-316. Evaluation and report prior to determining punishment.

Following conviction and prior to sentencing, the court shall order suchdefendant committed to the Department of Corrections for a period not toexceed sixty days from the date of referral for evaluation and diagnosis bythe Department to determine the person's potential for rehabilitation throughconfinement and treatment in the facilities and programs established pursuantto 53.1-63. The evaluation and diagnosis shall include a complete physicaland mental examination of the defendant and may be conducted by theDepartment of Corrections at any state or local facility, probation andparole office, or other location deemed appropriate by the Department. TheDepartment of Corrections shall conduct the evaluation and diagnosis andshall review all aspects of the case within sixty days from the date ofconviction or revocation of ordinary probation and shall recommend that thedefendant be committed to the facility established pursuant to 53.1-63 uponfinding that (i) such defendant is physically and emotionally suitable forthe program, (ii) such commitment is in the best interest of the Commonwealthand the defendant, and (iii) facilities are available for confinement of thedefendant.

If the Director of the Department of Corrections determines such personshould be confined in a facility other than one established pursuant to 53.1-63, a written report giving the reasons for such decision shall besubmitted to the sentencing court. The court shall not be bound by suchwritten report in the matter of determining punishment. Additionally, theperson may be committed or transferred to a mental hospital or likeinstitution, as provided by law, during such sixty-day period.

(Code 1950, 19.1-295.6; 1966, c. 579; 1974, cc. 44, 1975, c. 495; 1990, c.701; 2000, cc. 668, 690.)