Virginia law § 19.2-169.5 mandates that if a defendant's sanity at the time of the offense is a significant defense factor and they cannot afford an expert, the court must appoint qualified mental health evaluators. These evaluators are typically psychiatrists or clinical psychologists with forensic expertise, and evaluations are generally outpatient unless hospital evaluation is deemed necessary. The law specifies the procedures and criteria for appointing evaluators and conducting assessments.
Evaluators must be psychiatrists or clinical psychologists with forensic examination experience, forensic evaluation training recognized by the state, demonstrated competence, and inclusion on an approved list maintained by the Commissioner of Behavioral Health.
No, the law states that the defendant is not entitled to select their own expert or to funds for hiring one; the court appoints qualified evaluators.
Evaluations are typically performed on an outpatient basis at a mental health facility or jail, unless a hospital-based evaluation is deemed necessary by the evaluator.
If the court finds probable cause that the defendant's sanity is a significant defense factor and the defendant cannot afford an expert, it must appoint qualified evaluators to assess their sanity at the time of the offense.