Virginia law requires that if a defendant is acquitted by reason of insanity, the court must specify this fact in the verdict. The court then places the acquittee in temporary custody for a mental health evaluation, which can be conducted on an outpatient or inpatient basis. The law outlines procedures for evaluation, including the appointment of qualified evaluators and protocols if the acquittee fails to comply.
The court must state this fact in the verdict and place the acquittee in temporary custody for a mental health evaluation to determine if they can be released or require commitment.
Yes, the court may authorize outpatient evaluation, but the Commissioner will decide whether it should be outpatient or inpatient based on available information.
The evaluations are conducted by one psychiatrist and one clinical psychologist, both qualified and skilled in diagnosing mental illness and intellectual disabilities.
The Commissioner can petition the court for an order to confine the acquittee in a hospital for evaluation, with copies sent to the acquittee's attorney and the attorney for the Commonwealth.