This law requires courts in Virginia to order a mental and physical evaluation of a defendant before sentencing, to assess their potential for rehabilitation. The Department of Corrections conducts the evaluation within 60 days and recommends whether the defendant should be committed to a specific facility. The court considers these evaluations but is not bound by the Department's recommendations when determining punishment.
The evaluation assesses a defendant's physical and mental health to determine their potential for rehabilitation and appropriate confinement options.
The Department of Corrections conducts the evaluation at state or local facilities, probation offices, or other appropriate locations.
The Department has up to 60 days from the date of conviction to complete the evaluation and provide recommendations.
No, the court is not bound by the Department's recommendation and makes the final decision on punishment.