Virginia law allows a circuit court judge to defer sentencing a defendant convicted of an offense indicating sexual abnormality until a mental examination report is obtained. This can be initiated by the judge or upon request by the prosecution, defense, or other authorized parties. The mental report helps guide the court in deciding the appropriate disposition for the defendant.
Yes, the judge can defer sentencing in cases involving offenses indicating sexual abnormality until a mental examination report is obtained.
The report can be requested by the judge, the Commonwealth's attorney, the defendant, or counsel for the defendant.
The mental examination provides a report that helps the court determine the most appropriate disposition for the defendant.
The judge may do so on their own initiative or must defer upon application, making it both discretionary and procedural.