Virginia law § 19.2-169.1 outlines the process for raising a competency issue in criminal cases, requiring court-ordered evaluations if there's probable cause to believe the defendant cannot understand proceedings or assist in their defense. Evaluations must be conducted by qualified forensic mental health professionals, typically on an outpatient basis unless specific circumstances justify a hospital setting. The law ensures proper procedures for determining a defendant's mental competency before trial proceeds.
A competency evaluation can be ordered if, during a trial, the court finds probable cause to believe the defendant lacks the capacity to understand proceedings or assist in their defense.
Evaluations must be performed by at least one psychiatrist or clinical psychologist who has forensic evaluation training, experience, and is on the approved evaluator list maintained by the Commissioner of Behavioral Health.
Evaluations are typically outpatient at a mental health facility or jail, unless an outpatient evaluation is insufficient, requiring a hospital-based assessment.
The court reviews the evaluation report to determine if the defendant is competent to stand trial. If found incompetent, proceedings may be paused or other legal steps taken to address the defendant's mental health needs.