Virginia law requires defendants to undergo a mental health examination by qualified professionals, such as psychiatrists or psychologists, before sentencing. If specialized professionals are unavailable, a certified social worker may be appointed. The examination can be outpatient or inpatient, with reports shared with relevant parties at least five days before sentencing.
The examination must be performed by a psychiatrist or clinical psychologist with specialized training and experience. If unavailable, a certified social worker approved by the state may be appointed.
Yes, the examination can be outpatient at a mental health facility or in jail. If outpatient services are unavailable or further evaluation is needed, inpatient hospitalization may be ordered.
The hospitalization for examination cannot exceed 30 days from the date of admission, as deemed necessary by the hospital director.
The examiners must furnish copies of the report to the defendant, their counsel, and the Commonwealth's attorney at least five days prior to sentencing.