{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-169.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-169.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-169.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-169.2.html"}],"law_id":66444,"edition_id":1,"section_id":66444,"structure_id":13151,"section_number":"19.2-169.2","catch_line":"Disposition when defendant found incompetent","history":"1982, c. 653; 2003, c. 735; 2007, c. 781; 2008, cc. 751, 788; 2009, cc. 813, 840; 2014, cc. 373, 408; 2017, c. 461; 2020, c. 937; 2022, c. 508; 2023, cc. 229, 230.","full_text":"A\n\nUpon finding pursuant to subsection E or F of § 19.2-169.1 that the defendant, including a juvenile transferred pursuant to § 16.1-269.1, is incompetent, the court shall order that the defendant receive treatment to restore his competency on an outpatient basis or, if the court specifically finds that the defendant requires inpatient hospital treatment, at a hospital designated by the Commissioner of Behavioral Health and Developmental Services as appropriate for treatment of persons under criminal charge. Outpatient treatment may occur in a local correctional facility or at a location determined by the appropriate community services board or behavioral health authority. Notwithstanding the provisions of § 19.2-178, if the court orders inpatient hospital treatment, the defendant shall be transferred to and accepted by the hospital designated by the Commissioner as soon as practicable, but no later than 10 days, from the receipt of the court order requiring treatment to restore the defendant’s competency. If the 10-day period expires on a Saturday, Sunday, or other legal holiday, the 10 days shall be extended to the next day that is not a Saturday, Sunday, or legal holiday. Any psychiatric records and other information that have been deemed relevant and submitted by the attorney for the defendant pursuant to subsection C of § 19.2-169.1 and any reports submitted pursuant to subsection D of § 19.2-169.1 shall be made available to the director of the community services board or behavioral health authority or his designee or to the director of the treating inpatient facility or his designee within 96 hours of the issuance of the court order requiring treatment to restore the defendant’s competency. If the 96-hour period expires on a Saturday, Sunday, or other legal holiday, the 96 hours shall be extended to the next day that is not a Saturday, Sunday, or legal holiday.B\n\nIf, at any time after the defendant is ordered to undergo treatment under subsection A, the director of the community services board or behavioral health authority or his designee or the director of the treating inpatient facility or his designee believes the defendant’s competency is restored, the director or his designee shall immediately send a report to the court as prescribed in subsection D of § 19.2-169.1. The court shall make a ruling on the defendant’s competency according to the procedures specified in subsection E of § 19.2-169.1.C\n\nNotwithstanding the provisions of subsection A, in cases in which (i) the defendant has been charged with a misdemeanor violation of Article 3 (§ 18.2-95 et seq.) of Chapter 5 of Title 18.2 or a misdemeanor violation of § 18.2-119, 18.2-137, 18.2-388, 18.2-415, or 19.2-128; (ii) the defendant has been found to be incompetent pursuant to subsection E or F of § 19.2-169.1; and (iii) the competency report described in subsection D of § 19.2-169.1 recommends that the defendant be evaluated to determine whether he meets the criteria for temporary detention pursuant to § 37.2-809, the court may order the community services board or behavioral health authority serving the jurisdiction in which the defendant is located to (a) conduct an evaluation of the defendant and (b) if the community services board or behavioral health authority determines that the defendant meets the criteria for temporary detention, file a petition for issuance of an order for temporary detention pursuant to § 37.2-809. The community services board or behavioral health authority shall notify the court, in writing, within 72 hours of the completion of the evaluation and, if appropriate, file a petition for issuance of an order for temporary detention. Upon receipt of such notice, the court may dismiss the charges without prejudice against the defendant. However, the court shall not enter an order or dismiss charges against a defendant pursuant to this subsection if the attorney for the Commonwealth is involved in the prosecution of the case and the attorney for the Commonwealth does not concur in the motion.D\n\nIf a defendant for whom an evaluation has been ordered pursuant to subsection C fails or refuses to appear for the evaluation, the community services board or behavioral health authority shall notify the court and the court shall issue a mandatory examination order and capias directing the primary law-enforcement agency for the jurisdiction in which the defendant resides to transport the defendant to the location designated by the community services board or behavioral health authority for examination.E\n\nThe clerk of the court shall certify and forward forthwith to the Central Criminal Records Exchange, on a form provided by the Exchange, a copy of an order for treatment issued pursuant to subsection A.","order_by":null,"text":{"0":{"id":241161,"text":"Upon finding pursuant to subsection E or F of § 19.2-169.1 that the defendant, including a juvenile transferred pursuant to § 16.1-269.1, is incompetent, the court shall order that the defendant receive treatment to restore his competency on an outpatient basis or, if the court specifically finds that the defendant requires inpatient hospital treatment, at a hospital designated by the Commissioner of Behavioral Health and Developmental Services as appropriate for treatment of persons under criminal charge. Outpatient treatment may occur in a local correctional facility or at a location determined by the appropriate community services board or behavioral health authority. Notwithstanding the provisions of § 19.2-178, if the court orders inpatient hospital treatment, the defendant shall be transferred to and accepted by the hospital designated by the Commissioner as soon as practicable, but no later than 10 days, from the receipt of the court order requiring treatment to restore the defendant’s competency. If the 10-day period expires on a Saturday, Sunday, or other legal holiday, the 10 days shall be extended to the next day that is not a Saturday, Sunday, or legal holiday. Any psychiatric records and other information that have been deemed relevant and submitted by the attorney for the defendant pursuant to subsection C of § 19.2-169.1 and any reports submitted pursuant to subsection D of § 19.2-169.1 shall be made available to the director of the community services board or behavioral health authority or his designee or to the director of the treating inpatient facility or his designee within 96 hours of the issuance of the court order requiring treatment to restore the defendant’s competency. If the 96-hour period expires on a Saturday, Sunday, or other legal holiday, the 96 hours shall be extended to the next day that is not a Saturday, Sunday, or legal holiday.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":241162,"text":"If, at any time after the defendant is ordered to undergo treatment under subsection A, the director of the community services board or behavioral health authority or his designee or the director of the treating inpatient facility or his designee believes the defendant’s competency is restored, the director or his designee shall immediately send a report to the court as prescribed in subsection D of § 19.2-169.1. The court shall make a ruling on the defendant’s competency according to the procedures specified in subsection E of § 19.2-169.1.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":241163,"text":"Notwithstanding the provisions of subsection A, in cases in which (i) the defendant has been charged with a misdemeanor violation of Article 3 (§ 18.2-95 et seq.) of Chapter 5 of Title 18.2 or a misdemeanor violation of § 18.2-119, 18.2-137, 18.2-388, 18.2-415, or 19.2-128; (ii) the defendant has been found to be incompetent pursuant to subsection E or F of § 19.2-169.1; and (iii) the competency report described in subsection D of § 19.2-169.1 recommends that the defendant be evaluated to determine whether he meets the criteria for temporary detention pursuant to § 37.2-809, the court may order the community services board or behavioral health authority serving the jurisdiction in which the defendant is located to (a) conduct an evaluation of the defendant and (b) if the community services board or behavioral health authority determines that the defendant meets the criteria for temporary detention, file a petition for issuance of an order for temporary detention pursuant to § 37.2-809. The community services board or behavioral health authority shall notify the court, in writing, within 72 hours of the completion of the evaluation and, if appropriate, file a petition for issuance of an order for temporary detention. Upon receipt of such notice, the court may dismiss the charges without prejudice against the defendant. However, the court shall not enter an order or dismiss charges against a defendant pursuant to this subsection if the attorney for the Commonwealth is involved in the prosecution of the case and the attorney for the Commonwealth does not concur in the motion.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":241164,"text":"If a defendant for whom an evaluation has been ordered pursuant to subsection C fails or refuses to appear for the evaluation, the community services board or behavioral health authority shall notify the court and the court shall issue a mandatory examination order and capias directing the primary law-enforcement agency for the jurisdiction in which the defendant resides to transport the defendant to the location designated by the community services board or behavioral health authority for examination.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":241165,"text":"The clerk of the court shall certify and forward forthwith to the Central Criminal Records Exchange, on a form provided by the Exchange, a copy of an order for treatment issued pursuant to subsection A.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D"}},"ancestry":[{"id":13151,"edition_id":1,"name":"Proceedings on Question of Insanity","identifier":"11","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:44:21","date_modified":"2026-06-26 03:44:21","permalink":{"id":168457,"object_type":"structure","relational_id":13151,"identifier":"11","token":"19.2\/11","url":"\/19.2\/11\/","edition_id":1,"permalink":0,"preferred":1}},{"id":12801,"edition_id":1,"name":"Criminal Procedure","identifier":"19.2","label":"title","depth":1,"order_by":1,"parent_id":null,"metadata":{},"date_created":"2026-06-26 03:43:53","date_modified":"2026-06-26 03:43:53","permalink":{"id":168169,"object_type":"structure","relational_id":12801,"identifier":"19.2","token":"19.2","url":"\/19.2\/","edition_id":1,"permalink":0,"preferred":1}}],"structure_contents":[{"id":63190,"structure_id":13151,"section_number":"19.2-167","catch_line":"Accused not to be tried while insane or feebleminded","url":"\/19.2-167\/","token":"19.2\/11\/19.2-167","metadata":false},{"id":75846,"structure_id":13151,"section_number":"19.2-168","catch_line":"Notice to Commonwealth of intention to present evidence of insanity; continuance if notice not given","url":"\/19.2-168\/","token":"19.2\/11\/19.2-168","metadata":false},{"id":72794,"structure_id":13151,"section_number":"19.2-168.1","catch_line":"Evaluation on motion of the Commonwealth after notice","url":"\/19.2-168.1\/","token":"19.2\/11\/19.2-168.1","metadata":false},{"id":79422,"structure_id":13151,"section_number":"19.2-169","catch_line":"Repealed","url":"\/19.2-169\/","token":"19.2\/11\/19.2-169","metadata":false},{"id":85695,"structure_id":13151,"section_number":"19.2-169.1","catch_line":"Raising question of competency to stand trial or plead; evaluation and determination of competency","url":"\/19.2-169.1\/","token":"19.2\/11\/19.2-169.1","metadata":false},{"id":66444,"structure_id":13151,"section_number":"19.2-169.2","catch_line":"Disposition when defendant found incompetent","url":"\/19.2-169.2\/","token":"19.2\/11\/19.2-169.2","metadata":false},{"id":80703,"structure_id":13151,"section_number":"19.2-169.3","catch_line":"Disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge","url":"\/19.2-169.3\/","token":"19.2\/11\/19.2-169.3","metadata":false},{"id":65242,"structure_id":13151,"section_number":"19.2-169.3:1","catch_line":"Disposition of the unrestorably incompetent defendant; capital murder charge; inpatient custody of the Commissioner","url":"\/19.2-169.3_1\/","token":"19.2\/11\/19.2-169.3_1","metadata":false},{"id":84474,"structure_id":13151,"section_number":"19.2-169.4","catch_line":"Litigating certain issues when the defendant is incompetent","url":"\/19.2-169.4\/","token":"19.2\/11\/19.2-169.4","metadata":false},{"id":60376,"structure_id":13151,"section_number":"19.2-169.5","catch_line":"Evaluation of sanity at the time of the offense; disclosure of evaluation results","url":"\/19.2-169.5\/","token":"19.2\/11\/19.2-169.5","metadata":false},{"id":74002,"structure_id":13151,"section_number":"19.2-169.6","catch_line":"Inpatient psychiatric hospital admission from local correctional facility","url":"\/19.2-169.6\/","token":"19.2\/11\/19.2-169.6","metadata":false},{"id":64791,"structure_id":13151,"section_number":"19.2-169.7","catch_line":"Disclosure by defendant during evaluation or treatment; use at guilt phase of trial","url":"\/19.2-169.7\/","token":"19.2\/11\/19.2-169.7","metadata":false},{"id":60590,"structure_id":13151,"section_number":"19.2-169.8","catch_line":"Orders for evaluation or treatment; duties of clerk; copies","url":"\/19.2-169.8\/","token":"19.2\/11\/19.2-169.8","metadata":false},{"id":73663,"structure_id":13151,"section_number":"19.2-170","catch_line":"Repealed","url":"\/19.2-170\/","token":"19.2\/11\/19.2-170","metadata":false},{"id":60224,"structure_id":13151,"section_number":"19.2-174.1","catch_line":"Information required prior to admission to a mental health facility","url":"\/19.2-174.1\/","token":"19.2\/11\/19.2-174.1","metadata":false},{"id":59943,"structure_id":13151,"section_number":"19.2-175","catch_line":"Compensation of experts","url":"\/19.2-175\/","token":"19.2\/11\/19.2-175","metadata":false},{"id":78967,"structure_id":13151,"section_number":"19.2-176","catch_line":"Repealed","url":"\/19.2-176\/","token":"19.2\/11\/19.2-176","metadata":false},{"id":73536,"structure_id":13151,"section_number":"19.2-177","catch_line":"Repealed","url":"\/19.2-177\/","token":"19.2\/11\/19.2-177","metadata":false},{"id":59883,"structure_id":13151,"section_number":"19.2-177.1","catch_line":"Repealed","url":"\/19.2-177.1\/","token":"19.2\/11\/19.2-177.1","metadata":false},{"id":86647,"structure_id":13151,"section_number":"19.2-178","catch_line":"Where prisoner kept when no vacancy in facility or hospital","url":"\/19.2-178\/","token":"19.2\/11\/19.2-178","metadata":false},{"id":65369,"structure_id":13151,"section_number":"19.2-179","catch_line":"Repealed","url":"\/19.2-179\/","token":"19.2\/11\/19.2-179","metadata":false},{"id":78799,"structure_id":13151,"section_number":"19.2-180","catch_line":"Sentence or trial of prisoner when restored to sanity","url":"\/19.2-180\/","token":"19.2\/11\/19.2-180","metadata":false},{"id":54174,"structure_id":13151,"section_number":"19.2-181","catch_line":"Repealed","url":"\/19.2-181\/","token":"19.2\/11\/19.2-181","metadata":false},{"id":78634,"structure_id":13151,"section_number":"19.2-182","catch_line":"Representation by counsel in proceeding for commitment","url":"\/19.2-182\/","token":"19.2\/11\/19.2-182","metadata":false},{"id":87165,"structure_id":13151,"section_number":"19.2-182.1","catch_line":"Repealed","url":"\/19.2-182.1\/","token":"19.2\/11\/19.2-182.1","metadata":false}],"previous_section":{"id":85695,"structure_id":13151,"section_number":"19.2-169.1","catch_line":"Raising question of competency to stand trial or plead; evaluation and determination of competency","url":"\/19.2-169.1\/","token":"19.2\/11\/19.2-169.1","metadata":false},"next_section":{"id":80703,"structure_id":13151,"section_number":"19.2-169.3","catch_line":"Disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge","url":"\/19.2-169.3\/","token":"19.2\/11\/19.2-169.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-169.2\/","history_text":"

This law was first created in 1982. The record of its establishment is cataloged in chapter 653 of that year\u2019s edition of \u201cActs of Assembly,\u201d the annual state publication listing all changes made to the Code of Virginia in that year. Unfortunately, the 1982 \u201cActs\u201d aren\u2019t available online. It has been modified 9 times. Those modifications are cataloged by \u201cThe Acts of Assembly,\u201d a state publication, by year and chapter. Those modifications that can be read on the General Assembly\u2019s website will be linked accordingly. Those modifications are as follows: in 2003, chapter 735<\/a>; in 2007, chapter 781<\/a>; in 2008, chapters 751<\/a> and 788<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2014, chapters 373<\/a> and 408<\/a>; in 2017, chapter 461<\/a>; in 2020, chapter 937<\/a>; in 2022, chapter 508<\/a>; in 2023, chapters 229<\/a> and 230<\/a>.<\/p>","references":[{"id":81410,"section_number":"18.2-308.1:3","catch_line":"Purchase, possession, or transportation of firearm by persons involuntarily admitted or ordered to outpatient treatment; penalty","order_by":null,"url":"\/18.2-308.1_3\/"},{"id":85695,"section_number":"19.2-169.1","catch_line":"Raising question of competency to stand trial or plead; evaluation and determination of competency","order_by":null,"url":"\/19.2-169.1\/"},{"id":80703,"section_number":"19.2-169.3","catch_line":"Disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge","order_by":null,"url":"\/19.2-169.3\/"},{"id":60376,"section_number":"19.2-169.5","catch_line":"Evaluation of sanity at the time of the offense; disclosure of evaluation results","order_by":null,"url":"\/19.2-169.5\/"},{"id":64791,"section_number":"19.2-169.7","catch_line":"Disclosure by defendant during evaluation or treatment; use at guilt phase of trial","order_by":null,"url":"\/19.2-169.7\/"},{"id":60590,"section_number":"19.2-169.8","catch_line":"Orders for evaluation or treatment; duties of clerk; copies","order_by":null,"url":"\/19.2-169.8\/"},{"id":60224,"section_number":"19.2-174.1","catch_line":"Information required prior to admission to a mental health facility","order_by":null,"url":"\/19.2-174.1\/"},{"id":81089,"section_number":"19.2-389","catch_line":"(Effective July 1, 2026) Dissemination of criminal history record information","order_by":null,"url":"\/19.2-389\/"}],"refers_to":[{"id":66829,"section_number":"16.1-269.1","catch_line":"Trial in circuit court; preliminary hearing; direct indictment; remand","order_by":null,"url":"\/16.1-269.1\/"},{"id":76989,"section_number":"18.2-119","catch_line":"Trespass after having been forbidden to do so; penalties","order_by":null,"url":"\/18.2-119\/"},{"id":83724,"section_number":"18.2-137","catch_line":"Injuring, etc., any property, monument, etc","order_by":null,"url":"\/18.2-137\/"},{"id":85045,"section_number":"18.2-388","catch_line":"Intoxication in public; penalty; transportation of public inebriates to detoxification center","order_by":null,"url":"\/18.2-388\/"},{"id":56045,"section_number":"18.2-415","catch_line":"Disorderly conduct in public places","order_by":null,"url":"\/18.2-415\/"},{"id":78364,"section_number":"18.2-95","catch_line":"Grand larceny defined; how punished","order_by":null,"url":"\/18.2-95\/"},{"id":78904,"section_number":"19.2-128","catch_line":"Penalties for failure to appear","order_by":null,"url":"\/19.2-128\/"},{"id":85695,"section_number":"19.2-169.1","catch_line":"Raising question of competency to stand trial or plead; evaluation and determination of competency","order_by":null,"url":"\/19.2-169.1\/"},{"id":86647,"section_number":"19.2-178","catch_line":"Where prisoner kept when no vacancy in facility or hospital","order_by":null,"url":"\/19.2-178\/"},{"id":70156,"section_number":"37.2-809","catch_line":"(Effective July 1, 2026) Involuntary temporary detention; issuance and execution of order","order_by":null,"url":"\/37.2-809\/"}],"permalink":{"id":168479,"object_type":"law","relational_id":66444,"identifier":"19.2-169.2","token":"19.2\/11\/19.2-169.2","url":"\/19.2-169.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-169.2\/","token":"19.2\/11\/19.2-169.2","dublin_core":{"Title":"Disposition when defendant found incompetent","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-169.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Upon finding<\/span> pursuant to subsection E or F of § 19.2-169.1<\/a> that the defendant<\/span>, including a juvenile transferred pursuant to § 16.1-269.1<\/a>, is incompetent, the court shall order that the defendant<\/span> receive treatment to restore his competency on an outpatient basis or, if the court specifically finds that the defendant<\/span> requires inpatient hospital treatment, at a hospital designated by the Commissioner of Behavioral Health and Developmental Services as appropriate for treatment of persons under criminal charge. Outpatient treatment may occur in a local correctional facility or at a location determined by the appropriate community services<\/span> board or behavioral health authority. Notwithstanding the provisions of § 19.2-178<\/a>, if the court orders<\/span> inpatient hospital treatment, the defendant<\/span> shall be transferred to and accepted by the hospital designated by the Commissioner as soon as practicable, but no later than 10 days, from the receipt of the court order<\/span> requiring treatment to restore the defendant<\/span>’s competency. If the 10-day period expires on a Saturday, Sunday, or other legal holiday, the 10 days shall be extended to the next day that is not a Saturday, Sunday, or legal holiday. Any psychiatric records and other information that have been deemed relevant and submitted by the attorney for the defendant<\/span> pursuant to subsection C of § 19.2-169.1<\/a> and any reports submitted pursuant to subsection D of § 19.2-169.1<\/a> shall be made available to the director of the community services<\/span> board or behavioral health authority or his designee or to the director of the treating inpatient facility or his designee within 96 hours of the issuance of the court order<\/span> requiring treatment to restore the defendant<\/span>’s competency. If the 96-hour period expires on a Saturday, Sunday, or other legal holiday, the 96 hours shall be extended to the next day that is not a Saturday, Sunday, or legal holiday. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> If, at any time after the defendant<\/span> is ordered to undergo treatment under subsection A, the director of the community services<\/span> board or behavioral health authority or his designee or the director of the treating inpatient facility or his designee believes the defendant<\/span>’s competency is restored, the director or his designee shall immediately send a report to the court as prescribed in subsection D of § 19.2-169.1<\/a>. The court shall make a ruling on the defendant<\/span>’s competency according to the procedures specified in subsection E of § 19.2-169.1<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Notwithstanding the provisions of subsection A, in cases in which (i) the defendant<\/span> has been charged with a misdemeanor<\/span> violation of Article 3 (§ 18.2-95<\/a> et seq.) of Chapter 5 of Title 18.2 or a misdemeanor<\/span> violation of § 18.2-119<\/a>, 18.2-137<\/a>, 18.2-388<\/a>, 18.2-415<\/a>, or 19.2-128<\/a>; (ii) the defendant<\/span> has been found to be incompetent pursuant to subsection E or F of § 19.2-169.1<\/a>; and (iii) the competency report described in subsection D of § 19.2-169.1<\/a> recommends that the defendant<\/span> be evaluated to determine whether he meets the criteria for temporary detention pursuant to § 37.2-809<\/a>, the court may order the community services<\/span> board or behavioral health authority serving the jurisdiction<\/span> in which the defendant<\/span> is located to (a) conduct an evaluation of the defendant<\/span> and (b) if the community services<\/span> board or behavioral health authority determines that the defendant<\/span> meets the criteria for temporary detention, file a petition<\/span> for issuance of an order for temporary detention pursuant to § 37.2-809<\/a>. The community services<\/span> board or behavioral health authority shall notify the court, in writing, within 72 hours of the completion of the evaluation and, if appropriate, file a petition<\/span> for issuance of an order for temporary detention. Upon receipt of such notice, the court may dismiss the charges without prejudice against the defendant<\/span>. However, the court shall not enter an order or dismiss charges against a defendant<\/span> pursuant to this subsection if the attorney for the Commonwealth is involved in the prosecution<\/span> of the case and the attorney for the Commonwealth does not concur in the motion<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> If a defendant<\/span> for whom an evaluation has been ordered pursuant to subsection C fails or refuses to appear for the evaluation, the community services<\/span> board or behavioral health authority shall notify the court and the court shall issue<\/span> a mandatory examination order and capias<\/span> directing the primary law<\/span>-enforcement agency for the jurisdiction<\/span> in which the defendant<\/span> resides to transport the defendant<\/span> to the location designated by the community services<\/span> board or behavioral health authority for examination. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> The clerk of the court shall certify and forward forthwith to the Central Criminal Records Exchange, on a form provided by the Exchange, a copy of an order for treatment issued pursuant to subsection A. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISPOSITION WHEN DEFENDANT FOUND INCOMPETENT (\u00a7 19.2-169.2)\n\nA. Upon finding pursuant to subsection E or F of § 19.2-169.1 that the\ndefendant, including a juvenile transferred pursuant to § 16.1-269.1, is\nincompetent, the court shall order that the defendant receive treatment to\nrestore his competency on an outpatient basis or, if the court specifically\nfinds that the defendant requires inpatient hospital treatment, at a hospital\ndesignated by the Commissioner of Behavioral Health and Developmental Services\nas appropriate for treatment of persons under criminal charge. Outpatient\ntreatment may occur in a local correctional facility or at a location determined\nby the appropriate community services board or behavioral health authority.\nNotwithstanding the provisions of § 19.2-178, if the court orders inpatient\nhospital treatment, the defendant shall be transferred to and accepted by the\nhospital designated by the Commissioner as soon as practicable, but no later\nthan 10 days, from the receipt of the court order requiring treatment to restore\nthe defendant’s competency. If the 10-day period expires on a Saturday,\nSunday, or other legal holiday, the 10 days shall be extended to the next day\nthat is not a Saturday, Sunday, or legal holiday. Any psychiatric records and\nother information that have been deemed relevant and submitted by the attorney\nfor the defendant pursuant to subsection C of § 19.2-169.1 and any reports\nsubmitted pursuant to subsection D of § 19.2-169.1 shall be made available\nto the director of the community services board or behavioral health authority\nor his designee or to the director of the treating inpatient facility or his\ndesignee within 96 hours of the issuance of the court order requiring treatment\nto restore the defendant’s competency. If the 96-hour period expires on a\nSaturday, Sunday, or other legal holiday, the 96 hours shall be extended to the\nnext day that is not a Saturday, Sunday, or legal holiday.\n\nB. If, at any time after the defendant is ordered to undergo treatment under\nsubsection A, the director of the community services board or behavioral health\nauthority or his designee or the director of the treating inpatient facility or\nhis designee believes the defendant’s competency is restored, the director\nor his designee shall immediately send a report to the court as prescribed in\nsubsection D of § 19.2-169.1. The court shall make a ruling on the\ndefendant’s competency according to the procedures specified in subsection\nE of § 19.2-169.1.\n\nC. Notwithstanding the provisions of subsection A, in cases in which (i) the\ndefendant has been charged with a misdemeanor violation of Article 3 (§\n18.2-95 et seq.) of Chapter 5 of Title 18.2 or a misdemeanor violation of §\n18.2-119, 18.2-137, 18.2-388, 18.2-415, or 19.2-128; (ii) the defendant has been\nfound to be incompetent pursuant to subsection E or F of § 19.2-169.1; and\n(iii) the competency report described in subsection D of § 19.2-169.1\nrecommends that the defendant be evaluated to determine whether he meets the\ncriteria for temporary detention pursuant to § 37.2-809, the court may\norder the community services board or behavioral health authority serving the\njurisdiction in which the defendant is located to (a) conduct an evaluation of\nthe defendant and (b) if the community services board or behavioral health\nauthority determines that the defendant meets the criteria for temporary\ndetention, file a petition for issuance of an order for temporary detention\npursuant to § 37.2-809. The community services board or behavioral health\nauthority shall notify the court, in writing, within 72 hours of the completion\nof the evaluation and, if appropriate, file a petition for issuance of an order\nfor temporary detention. Upon receipt of such notice, the court may dismiss the\ncharges without prejudice against the defendant. However, the court shall not\nenter an order or dismiss charges against a defendant pursuant to this\nsubsection if the attorney for the Commonwealth is involved in the prosecution\nof the case and the attorney for the Commonwealth does not concur in the motion.\n\nD. If a defendant for whom an evaluation has been ordered pursuant to subsection\nC fails or refuses to appear for the evaluation, the community services board or\nbehavioral health authority shall notify the court and the court shall issue a\nmandatory examination order and capias directing the primary law-enforcement\nagency for the jurisdiction in which the defendant resides to transport the\ndefendant to the location designated by the community services board or\nbehavioral health authority for examination.\n\nE. The clerk of the court shall certify and forward forthwith to the Central\nCriminal Records Exchange, on a form provided by the Exchange, a copy of an\norder for treatment issued pursuant to subsection A.\n\nHISTORY: 1982, c. 653; 2003, c. 735; 2007, c. 781; 2008, cc. 751, 788; 2009, cc.\n813, 840; 2014, cc. 373, 408; 2017, c. 461; 2020, c. 937; 2022, c. 508; 2023,\ncc. 229, 230.","edition":{"id":1,"name":"2025","slug":"2025","date_created":"2026-06-21 22:39:22","date_modified":"2026-06-21 22:39:22","current":1,"order_by":1,"last_import":null}}