Virginia law § 19.2-168.1 and § 19.2-169 outline the procedures for court-ordered mental health evaluations when the Commonwealth requests them. The law specifies how experts are appointed, what information they must provide, and the consequences if a defendant refuses to cooperate. It aims to ensure proper mental health assessments in criminal cases involving questions of sanity.
A court-ordered evaluation is triggered when the defendant's attorney gives notice under § 19.2-168, and the Commonwealth seeks to assess the defendant's sanity at the time of the offense.
Yes, a defendant can refuse, but the court may admit evidence of the refusal or, at its discretion, bar the defendant from presenting certain evidence.
The Commonwealth's attorney is responsible for providing the experts with the necessary information and covering the costs of the evaluation.
Experts submit their findings and records to both parties' attorneys and send a redacted copy to the Commissioner of Behavioral Health for peer review and evaluator list maintenance.