{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-169.3.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-169.3.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-169.3.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-169.3.html"}],"law_id":80703,"edition_id":1,"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","history":"1982, c. 653; 1999, cc. 946, 985; 2003, cc. 915, 919, 989, cls. 4, 5, 1018, cls. 4, 5, 1042, cls. 10, 11; 2006, cc. 863, 914; 2007, cc. 781, 876; 2008, cc. 406, 796; 2009, cc. 813, 840; 2012, cc. 668, 800; 2019, c. 797; 2021, Sp. Sess. I, cc. 344, 345; 2022, c. 763; 2023, c. 614.","full_text":"A\n\nIf, at any time after the defendant is ordered to undergo treatment pursuant to subsection A of § 19.2-169.2, 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 concludes that the defendant is likely to remain incompetent for the foreseeable future, or if the initial evaluator has found that the defendant has an ongoing and irreversible medical condition causing him to likely remain incompetent for the foreseeable future or that the defendant has been found to be unrestorably incompetent in the past two years, he shall send a report to the court so stating. The report shall also indicate whether, in the opinion of the director of the board, authority, or inpatient facility or his designee or the evaluator, the defendant should be released, committed pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, committed pursuant to Chapter 9 (§ 37.2-900 et seq.) of Title 37.2, or certified pursuant to § 37.2-806 in the event he is found to be unrestorably incompetent. Upon receipt of the report, the court shall make a competency determination according to the procedures specified in subsection D or E of § 19.2-169.1. If the court finds that the defendant is incompetent and is likely to remain so for the foreseeable future, it shall order that he be (i) released, (ii) committed pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, or (iii) certified pursuant to § 37.2-806. However, if the court finds that the defendant is incompetent and is likely to remain so for the foreseeable future and the defendant has been charged with a sexually violent offense, as defined in § 37.2-900, he shall be screened pursuant to the procedures set forth in §§ 37.2-903 and 37.2-904. If the court finds the defendant incompetent but restorable to competency in the foreseeable future, it may order treatment continued until six months have elapsed from the date of the defendant’s initial admission under subsection A of § 19.2-169.2.B\n\nAt the end of six months from the date of the defendant’s initial admission under subsection A of § 19.2-169.2 if the defendant remains incompetent in the opinion of the board, authority, or inpatient facility director or his designee, the director or his designee shall so notify the court and make recommendations concerning disposition of the defendant as described in subsection A. The court shall hold a hearing according to the procedures specified in subsection E of § 19.2-169.1 and, if it finds the defendant unrestorably incompetent, shall order one of the dispositions described in subsection A. If the court finds the defendant incompetent but restorable to competency, it may order continued treatment under subsection A of § 19.2-169.2 for additional six-month periods, provided a hearing pursuant to subsection E of § 19.2-169.1 is held at the completion of each such period and the defendant continues to be incompetent but restorable to competency in the foreseeable future.C\n\nIf any defendant has been charged with a misdemeanor in violation of Article 3 (§ 18.2-95 et seq.) of Chapter 5 of Title 18.2 or Article 5 (§ 18.2-119 et seq.) of Chapter 5 of Title 18.2, other than a misdemeanor charge pursuant to § 18.2-130 or Article 2 (§ 18.2-415 et seq.) of Chapter 9 of Title 18.2, and is being treated pursuant to subsection A of § 19.2-169.2, and after 45 days has not been restored to competency, the director of the community service board, behavioral health authority, or the director of the treating inpatient facility, or any of their designees, shall send a report indicating the defendant’s status to the court. The report shall also indicate whether the defendant should be released or committed pursuant to § 37.2-817 or 37.2-817.01 or certified pursuant to § 37.2-806. Upon receipt of the report, if the court determines that the defendant is still incompetent, the court shall order that the defendant be released, committed, or certified, and may dismiss the charges against the defendant.D\n\nUnless an incompetent defendant is charged with aggravated murder or the charges against an incompetent criminal defendant have been previously dismissed, charges against an unrestorably incompetent defendant shall be dismissed on the date upon which his sentence would have expired had he been convicted and received the maximum sentence for the crime charged, or on the date five years from the date of his arrest for such charges, whichever is sooner.E\n\nIf the court orders an unrestorably incompetent defendant to be screened pursuant to the procedures set forth in §§ 37.2-903 and 37.2-904, it shall order the attorney for the Commonwealth in the jurisdiction wherein the defendant was charged and the Commissioner of Behavioral Health and Developmental Services to provide the Director of the Department of Corrections with any information relevant to the review, including, but not limited to: (i) a copy of the warrant or indictment, (ii) a copy of the defendant’s criminal record, (iii) information about the alleged crime, (iv) a copy of the competency report completed pursuant to § 19.2-169.1, and (v) a copy of the report prepared by the director of the defendant’s community services board, behavioral health authority, or treating inpatient facility or his designee pursuant to this section. The court shall further order that the defendant be held in the custody of the Department of Behavioral Health and Developmental Services for secure confinement and treatment until the Commitment Review Committee’s and Attorney General’s review and any subsequent hearing or trial are completed. If the court receives notice that the Attorney General has declined to file a petition for the commitment of an unrestorably incompetent defendant as a sexually violent predator after conducting a review pursuant to § 37.2-905, the court shall order that the defendant be released, committed pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, or certified pursuant to § 37.2-806.F\n\nIn any case when an incompetent defendant is charged with aggravated murder and has been determined to be unrestorably incompetent, notwithstanding any other provision of this section, the charge shall not be dismissed and the court having jurisdiction over the aggravated murder case may order that the defendant receive continued treatment under subsection A of § 19.2-169.2 in a secure facility determined by the Commissioner of the Department of Behavioral Health and Developmental Services where the defendant shall remain until further order of the court, provided that (i) a hearing pursuant to subsection E of § 19.2-169.1 is held at yearly intervals for five years and at biennial intervals thereafter, or at any time that the director of the treating facility or his designee submits a competency report to the court in accordance with subsection D of § 19.2-169.1 that the defendant’s competency has been restored, (ii) the defendant remains incompetent, (iii) the court finds continued treatment to be medically appropriate, and (iv) the defendant presents a danger to himself or others. No unrestorably incompetent defendant charged with aggravated murder shall be released except pursuant to a court order.G\n\nThe attorney for the Commonwealth may bring charges that have been dismissed against the defendant when he is restored to competency.","order_by":null,"text":{"0":{"id":289293,"text":"If, at any time after the defendant is ordered to undergo treatment pursuant to subsection A of § 19.2-169.2, 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 concludes that the defendant is likely to remain incompetent for the foreseeable future, or if the initial evaluator has found that the defendant has an ongoing and irreversible medical condition causing him to likely remain incompetent for the foreseeable future or that the defendant has been found to be unrestorably incompetent in the past two years, he shall send a report to the court so stating. The report shall also indicate whether, in the opinion of the director of the board, authority, or inpatient facility or his designee or the evaluator, the defendant should be released, committed pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, committed pursuant to Chapter 9 (§ 37.2-900 et seq.) of Title 37.2, or certified pursuant to § 37.2-806 in the event he is found to be unrestorably incompetent. Upon receipt of the report, the court shall make a competency determination according to the procedures specified in subsection D or E of § 19.2-169.1. If the court finds that the defendant is incompetent and is likely to remain so for the foreseeable future, it shall order that he be (i) released, (ii) committed pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, or (iii) certified pursuant to § 37.2-806. However, if the court finds that the defendant is incompetent and is likely to remain so for the foreseeable future and the defendant has been charged with a sexually violent offense, as defined in § 37.2-900, he shall be screened pursuant to the procedures set forth in §§ 37.2-903 and 37.2-904. If the court finds the defendant incompetent but restorable to competency in the foreseeable future, it may order treatment continued until six months have elapsed from the date of the defendant’s initial admission under subsection A of § 19.2-169.2.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":289294,"text":"At the end of six months from the date of the defendant’s initial admission under subsection A of § 19.2-169.2 if the defendant remains incompetent in the opinion of the board, authority, or inpatient facility director or his designee, the director or his designee shall so notify the court and make recommendations concerning disposition of the defendant as described in subsection A. The court shall hold a hearing according to the procedures specified in subsection E of § 19.2-169.1 and, if it finds the defendant unrestorably incompetent, shall order one of the dispositions described in subsection A. If the court finds the defendant incompetent but restorable to competency, it may order continued treatment under subsection A of § 19.2-169.2 for additional six-month periods, provided a hearing pursuant to subsection E of § 19.2-169.1 is held at the completion of each such period and the defendant continues to be incompetent but restorable to competency in the foreseeable future.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":289295,"text":"If any defendant has been charged with a misdemeanor in violation of Article 3 (§ 18.2-95 et seq.) of Chapter 5 of Title 18.2 or Article 5 (§ 18.2-119 et seq.) of Chapter 5 of Title 18.2, other than a misdemeanor charge pursuant to § 18.2-130 or Article 2 (§ 18.2-415 et seq.) of Chapter 9 of Title 18.2, and is being treated pursuant to subsection A of § 19.2-169.2, and after 45 days has not been restored to competency, the director of the community service board, behavioral health authority, or the director of the treating inpatient facility, or any of their designees, shall send a report indicating the defendant’s status to the court. The report shall also indicate whether the defendant should be released or committed pursuant to § 37.2-817 or 37.2-817.01 or certified pursuant to § 37.2-806. Upon receipt of the report, if the court determines that the defendant is still incompetent, the court shall order that the defendant be released, committed, or certified, and may dismiss the charges against the defendant.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":289296,"text":"Unless an incompetent defendant is charged with aggravated murder or the charges against an incompetent criminal defendant have been previously dismissed, charges against an unrestorably incompetent defendant shall be dismissed on the date upon which his sentence would have expired had he been convicted and received the maximum sentence for the crime charged, or on the date five years from the date of his arrest for such charges, whichever is sooner.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":289297,"text":"If the court orders an unrestorably incompetent defendant to be screened pursuant to the procedures set forth in §§ 37.2-903 and 37.2-904, it shall order the attorney for the Commonwealth in the jurisdiction wherein the defendant was charged and the Commissioner of Behavioral Health and Developmental Services to provide the Director of the Department of Corrections with any information relevant to the review, including, but not limited to: (i) a copy of the warrant or indictment, (ii) a copy of the defendant’s criminal record, (iii) information about the alleged crime, (iv) a copy of the competency report completed pursuant to § 19.2-169.1, and (v) a copy of the report prepared by the director of the defendant’s community services board, behavioral health authority, or treating inpatient facility or his designee pursuant to this section. The court shall further order that the defendant be held in the custody of the Department of Behavioral Health and Developmental Services for secure confinement and treatment until the Commitment Review Committee’s and Attorney General’s review and any subsequent hearing or trial are completed. If the court receives notice that the Attorney General has declined to file a petition for the commitment of an unrestorably incompetent defendant as a sexually violent predator after conducting a review pursuant to § 37.2-905, the court shall order that the defendant be released, committed pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, or certified pursuant to § 37.2-806.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":289298,"text":"In any case when an incompetent defendant is charged with aggravated murder and has been determined to be unrestorably incompetent, notwithstanding any other provision of this section, the charge shall not be dismissed and the court having jurisdiction over the aggravated murder case may order that the defendant receive continued treatment under subsection A of § 19.2-169.2 in a secure facility determined by the Commissioner of the Department of Behavioral Health and Developmental Services where the defendant shall remain until further order of the court, provided that (i) a hearing pursuant to subsection E of § 19.2-169.1 is held at yearly intervals for five years and at biennial intervals thereafter, or at any time that the director of the treating facility or his designee submits a competency report to the court in accordance with subsection D of § 19.2-169.1 that the defendant’s competency has been restored, (ii) the defendant remains incompetent, (iii) the court finds continued treatment to be medically appropriate, and (iv) the defendant presents a danger to himself or others. No unrestorably incompetent defendant charged with aggravated murder shall be released except pursuant to a court order.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E","next_prefix":"G"},"6":{"id":289299,"text":"The attorney for the Commonwealth may bring charges that have been dismissed against the defendant when he is restored to competency.","type":"section","prefixes":["G"],"prefix":"G","entire_prefix":"G","prefix_anchor":"G","level":1,"prior_prefix":"F"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-169.3\/","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 10 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 1999, chapters 946<\/a> and 985<\/a>; in 2003, chapters 915<\/a>, 919<\/a>, and 989<\/a>; in 2006, chapters 863<\/a> and 914<\/a>; in 2007, chapters 781<\/a> and 876<\/a>; in 2008, chapters 406<\/a> and 796<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2012, chapters 668<\/a> and 800<\/a>; in 2019, chapter 797<\/a>; in 2022, chapter 763<\/a>; in 2023, chapter 614<\/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":65242,"section_number":"19.2-169.3:1","catch_line":"Disposition of the unrestorably incompetent defendant; capital murder charge; inpatient custody of the Commissioner","order_by":null,"url":"\/19.2-169.3_1\/"},{"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":77022,"section_number":"37.2-845","catch_line":"Procedure when person confined in facility or other institution","order_by":null,"url":"\/37.2-845\/"},{"id":54012,"section_number":"37.2-846","catch_line":"Procedure when person not confined in facility or other institution","order_by":null,"url":"\/37.2-846\/"},{"id":55224,"section_number":"37.2-900","catch_line":"Definitions","order_by":null,"url":"\/37.2-900\/"},{"id":63502,"section_number":"37.2-903","catch_line":"Database of prisoners convicted of sexually violent offenses; maintained by Department of Corrections; notice of pending release to CRC","order_by":null,"url":"\/37.2-903\/"},{"id":61154,"section_number":"37.2-905","catch_line":"Review of prisoners convicted of a sexually violent offense; review of unrestorably incompetent defendants charged with sexually violent offenses; petition for commitment; notice to Department of Corrections or referring court regarding disposition of review","order_by":null,"url":"\/37.2-905\/"}],"refers_to":[{"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":62388,"section_number":"18.2-130","catch_line":"Peeping or spying into dwelling or enclosure","order_by":null,"url":"\/18.2-130\/"},{"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":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":66444,"section_number":"19.2-169.2","catch_line":"Disposition when defendant found incompetent","order_by":null,"url":"\/19.2-169.2\/"},{"id":56013,"section_number":"37.2-806","catch_line":"Judicial certification of eligibility for admission of persons with intellectual disability","order_by":null,"url":"\/37.2-806\/"},{"id":68004,"section_number":"37.2-814","catch_line":"(Effective July 1, 2026) Commitment hearing for involuntary admission; written explanation; right to counsel; rights of petitioner","order_by":null,"url":"\/37.2-814\/"},{"id":61292,"section_number":"37.2-817","catch_line":"(Effective July 1, 2026) Involuntary admission","order_by":null,"url":"\/37.2-817\/"},{"id":71749,"section_number":"37.2-817.01","catch_line":"Mandatory outpatient treatment","order_by":null,"url":"\/37.2-817.01\/"},{"id":55224,"section_number":"37.2-900","catch_line":"Definitions","order_by":null,"url":"\/37.2-900\/"},{"id":63502,"section_number":"37.2-903","catch_line":"Database of prisoners convicted of sexually violent offenses; maintained by Department of Corrections; notice of pending release to CRC","order_by":null,"url":"\/37.2-903\/"},{"id":59630,"section_number":"37.2-904","catch_line":"CRC assessment of prisoners or defendants eligible for commitment as sexually violent predators; mental health examination; recommendation","order_by":null,"url":"\/37.2-904\/"},{"id":61154,"section_number":"37.2-905","catch_line":"Review of prisoners convicted of a sexually violent offense; review of unrestorably incompetent defendants charged with sexually violent offenses; petition for commitment; notice to Department of Corrections or referring court regarding disposition of review","order_by":null,"url":"\/37.2-905\/"}],"permalink":{"id":168483,"object_type":"law","relational_id":80703,"identifier":"19.2-169.3","token":"19.2\/11\/19.2-169.3","url":"\/19.2-169.3\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-169.3\/","token":"19.2\/11\/19.2-169.3","dublin_core":{"Title":"Disposition of the unrestorably incompetent defendant; aggravated murder charge; sexually violent offense charge","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-169.3","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> If, at any time after the defendant<\/span> is ordered to undergo treatment pursuant to subsection A of § 19.2-169.2<\/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 concludes that the defendant<\/span> is likely to remain incompetent for the foreseeable future, or if the initial evaluator has found that the defendant<\/span> has an ongoing and irreversible medical condition causing him to likely remain incompetent for the foreseeable future or that the defendant<\/span> has been found to be unrestorably incompetent in the past two years, he shall send a report to the court<\/span> so stating. The report shall also indicate whether, in the opinion<\/span> of the director of the board, authority, or inpatient facility or his designee or the evaluator, the defendant<\/span> should be released, committed pursuant to Article 5 (§ 37.2-814<\/a> et seq.) of Chapter 8 of Title 37.2, committed pursuant to Chapter 9 (§ 37.2-900<\/a> et seq.) of Title 37.2, or certified pursuant to § 37.2-806<\/a> in the event he is found to be unrestorably incompetent. Upon receipt of the report, the court<\/span> shall make a competency determination according to the procedures specified in subsection D or E of § 19.2-169.1<\/a>. If the court<\/span> finds that the defendant<\/span> is incompetent and is likely to remain so for the foreseeable future, it shall order<\/span> that he be (i) released, (ii) committed pursuant to Article 5 (§ 37.2-814<\/a> et seq.) of Chapter 8 of Title 37.2, or (iii) certified pursuant to § 37.2-806<\/a>. However, if the court<\/span> finds that the defendant<\/span> is incompetent and is likely to remain so for the foreseeable future and the defendant<\/span> has been charged with a sexually violent offense<\/span>, as defined in § 37.2-900<\/a>, he shall be screened pursuant to the procedures set forth in §§ 37.2-903<\/a> and 37.2-904<\/a>. If the court<\/span> finds the defendant<\/span> incompetent but restorable to competency in the foreseeable future, it may order<\/span> treatment continued until six months have elapsed from the date of the defendant<\/span>’s initial admission under subsection A of § 19.2-169.2<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> At the end of six months from the date of the defendant<\/span>’s initial admission under subsection A of § 19.2-169.2<\/a> if the defendant<\/span> remains incompetent in the opinion<\/span> of the board, authority, or inpatient facility director or his designee, the director or his designee shall so notify the court<\/span> and make recommendations concerning disposition<\/span> of the defendant<\/span> as described in subsection A. The court<\/span> shall hold a hearing<\/span> according to the procedures specified in subsection E of § 19.2-169.1<\/a> and, if it finds the defendant<\/span> unrestorably incompetent, shall order<\/span> one of the dispositions<\/span> described in subsection A. If the court<\/span> finds the defendant<\/span> incompetent but restorable to competency, it may order<\/span> continued treatment under subsection A of § 19.2-169.2<\/a> for additional six-month periods, provided a hearing<\/span> pursuant to subsection E of § 19.2-169.1<\/a> is held at the completion of each such period and the defendant<\/span> continues to be incompetent but restorable to competency in the foreseeable future. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> If any defendant<\/span> has been charged with a misdemeanor<\/span> in violation of Article 3 (§ 18.2-95<\/a> et seq.) of Chapter 5 of Title 18.2 or Article 5 (§ 18.2-119<\/a> et seq.) of Chapter 5 of Title 18.2, other than a misdemeanor<\/span> charge pursuant to § 18.2-130<\/a> or Article 2 (§ 18.2-415<\/a> et seq.) of Chapter 9 of Title 18.2, and is being treated pursuant to subsection A of § 19.2-169.2<\/a>, and after 45 days has not been restored to competency, the director of the community service<\/span> board, behavioral health authority, or the director of the treating inpatient facility, or any of their designees, shall send a report indicating the defendant<\/span>’s status to the court<\/span>. The report shall also indicate whether the defendant<\/span> should be released or committed pursuant to § 37.2-817<\/a> or 37.2-817.01<\/a> or certified pursuant to § 37.2-806<\/a>. Upon receipt of the report, if the court<\/span> determines that the defendant<\/span> is still incompetent, the court<\/span> shall order<\/span> that the defendant<\/span> be released, committed, or certified, and may dismiss the charges against the defendant<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> Unless an incompetent defendant<\/span> is charged with aggravated murder<\/span> or the charges against an incompetent criminal defendant<\/span> have been previously dismissed, charges against an unrestorably incompetent defendant<\/span> shall be dismissed on the date upon which his sentence would have expired had he been convicted and received the maximum sentence for the crime<\/span> charged, or on the date five years from the date of his arrest<\/span> for such charges, whichever is sooner. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> If the court orders<\/span> an unrestorably incompetent defendant<\/span> to be screened pursuant to the procedures set forth in §§ 37.2-903<\/a> and 37.2-904<\/a>, it shall order<\/span> the attorney for the Commonwealth in the jurisdiction<\/span> wherein the defendant<\/span> was charged and the Commissioner of Behavioral Health and Developmental Services to provide the Director of the Department of Corrections with any information relevant to the review, including, but not limited to: (i) a copy of the warrant or indictment<\/span>, (ii) a copy of the defendant<\/span>’s criminal record, (iii) information about the alleged crime<\/span>, (iv) a copy of the competency report completed pursuant to § 19.2-169.1<\/a>, and (v) a copy of the report prepared by the director of the defendant<\/span>’s community services<\/span> board, behavioral health authority, or treating inpatient facility or his designee pursuant to this section. The court shall further order<\/span> that the defendant<\/span> be held in the custody<\/span> of the Department of Behavioral Health and Developmental Services for secure confinement and treatment until the Commitment Review Committee’s and Attorney General<\/span>’s review and any subsequent hearing<\/span> or trial<\/span> are completed. If the court receives notice that the Attorney General<\/span> has declined to file a petition<\/span> for the commitment of an unrestorably incompetent defendant<\/span> as a sexually violent predator after conducting a review pursuant to § 37.2-905<\/a>, the court shall order<\/span> that the defendant<\/span> be released, committed pursuant to Article 5 (§ 37.2-814<\/a> et seq.) of Chapter 8 of Title 37.2, or certified pursuant to § 37.2-806<\/a>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In any case when an incompetent defendant<\/span> is charged with aggravated murder<\/span> and has been determined to be unrestorably incompetent, notwithstanding any other provision of this section, the charge shall not be dismissed and the court having jurisdiction<\/span> over the aggravated murder<\/span> case may order that the defendant<\/span> receive continued treatment under subsection A of § 19.2-169.2<\/a> in a secure facility determined by the Commissioner of the Department of Behavioral Health and Developmental Services where the defendant<\/span> shall remain until further order of the court, provided that (i) a hearing<\/span> pursuant to subsection E of § 19.2-169.1<\/a> is held at yearly intervals for five years and at biennial intervals thereafter, or at any time that the director of the treating facility or his designee submits a competency report to the court in accordance with subsection D of § 19.2-169.1<\/a> that the defendant<\/span>’s competency has been restored, (ii) the defendant<\/span> remains incompetent, (iii) the court finds continued treatment to be medically appropriate, and (iv) the defendant<\/span> presents a danger to himself or others. No unrestorably incompetent defendant<\/span> charged with aggravated murder<\/span> shall be released except pursuant to a court order<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

G.<\/span> The attorney for the Commonwealth may bring charges that have been dismissed against the defendant<\/span> when he is restored to competency. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISPOSITION OF THE UNRESTORABLY INCOMPETENT DEFENDANT; AGGRAVATED MURDER CHARGE;\nSEXUALLY VIOLENT OFFENSE CHARGE (\u00a7 19.2-169.3)\n\nA. If, at any time after the defendant is ordered to undergo treatment pursuant\nto subsection A of § 19.2-169.2, the director of the community services\nboard or behavioral health authority or his designee or the director of the\ntreating inpatient facility or his designee concludes that the defendant is\nlikely to remain incompetent for the foreseeable future, or if the initial\nevaluator has found that the defendant has an ongoing and irreversible medical\ncondition causing him to likely remain incompetent for the foreseeable future or\nthat the defendant has been found to be unrestorably incompetent in the past two\nyears, he shall send a report to the court so stating. The report shall also\nindicate whether, in the opinion of the director of the board, authority, or\ninpatient facility or his designee or the evaluator, the defendant should be\nreleased, committed pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8\nof Title 37.2, committed pursuant to Chapter 9 (§ 37.2-900 et seq.) of\nTitle 37.2, or certified pursuant to § 37.2-806 in the event he is found to\nbe unrestorably incompetent. Upon receipt of the report, the court shall make a\ncompetency determination according to the procedures specified in subsection D\nor E of § 19.2-169.1. If the court finds that the defendant is incompetent\nand is likely to remain so for the foreseeable future, it shall order that he be\n(i) released, (ii) committed pursuant to Article 5 (§ 37.2-814 et seq.) of\nChapter 8 of Title 37.2, or (iii) certified pursuant to § 37.2-806.\nHowever, if the court finds that the defendant is incompetent and is likely to\nremain so for the foreseeable future and the defendant has been charged with a\nsexually violent offense, as defined in § 37.2-900, he shall be screened\npursuant to the procedures set forth in §§ 37.2-903 and 37.2-904. If\nthe court finds the defendant incompetent but restorable to competency in the\nforeseeable future, it may order treatment continued until six months have\nelapsed from the date of the defendant’s initial admission under\nsubsection A of § 19.2-169.2.\n\nB. At the end of six months from the date of the defendant’s initial\nadmission under subsection A of § 19.2-169.2 if the defendant remains\nincompetent in the opinion of the board, authority, or inpatient facility\ndirector or his designee, the director or his designee shall so notify the court\nand make recommendations concerning disposition of the defendant as described in\nsubsection A. The court shall hold a hearing according to the procedures\nspecified in subsection E of § 19.2-169.1 and, if it finds the defendant\nunrestorably incompetent, shall order one of the dispositions described in\nsubsection A. If the court finds the defendant incompetent but restorable to\ncompetency, it may order continued treatment under subsection A of §\n19.2-169.2 for additional six-month periods, provided a hearing pursuant to\nsubsection E of § 19.2-169.1 is held at the completion of each such period\nand the defendant continues to be incompetent but restorable to competency in\nthe foreseeable future.\n\nC. If any defendant has been charged with a misdemeanor in violation of Article\n3 (§ 18.2-95 et seq.) of Chapter 5 of Title 18.2 or Article 5 (§\n18.2-119 et seq.) of Chapter 5 of Title 18.2, other than a misdemeanor charge\npursuant to § 18.2-130 or Article 2 (§ 18.2-415 et seq.) of Chapter 9\nof Title 18.2, and is being treated pursuant to subsection A of §\n19.2-169.2, and after 45 days has not been restored to competency, the director\nof the community service board, behavioral health authority, or the director of\nthe treating inpatient facility, or any of their designees, shall send a report\nindicating the defendant’s status to the court. The report shall also\nindicate whether the defendant should be released or committed pursuant to\n§ 37.2-817 or 37.2-817.01 or certified pursuant to § 37.2-806. Upon\nreceipt of the report, if the court determines that the defendant is still\nincompetent, the court shall order that the defendant be released, committed, or\ncertified, and may dismiss the charges against the defendant.\n\nD. Unless an incompetent defendant is charged with aggravated murder or the\ncharges against an incompetent criminal defendant have been previously\ndismissed, charges against an unrestorably incompetent defendant shall be\ndismissed on the date upon which his sentence would have expired had he been\nconvicted and received the maximum sentence for the crime charged, or on the\ndate five years from the date of his arrest for such charges, whichever is\nsooner.\n\nE. If the court orders an unrestorably incompetent defendant to be screened\npursuant to the procedures set forth in §§ 37.2-903 and 37.2-904, it\nshall order the attorney for the Commonwealth in the jurisdiction wherein the\ndefendant was charged and the Commissioner of Behavioral Health and\nDevelopmental Services to provide the Director of the Department of Corrections\nwith any information relevant to the review, including, but not limited to: (i)\na copy of the warrant or indictment, (ii) a copy of the defendant’s\ncriminal record, (iii) information about the alleged crime, (iv) a copy of the\ncompetency report completed pursuant to § 19.2-169.1, and (v) a copy of the\nreport prepared by the director of the defendant’s community services\nboard, behavioral health authority, or treating inpatient facility or his\ndesignee pursuant to this section. The court shall further order that the\ndefendant be held in the custody of the Department of Behavioral Health and\nDevelopmental Services for secure confinement and treatment until the Commitment\nReview Committee’s and Attorney General’s review and any subsequent\nhearing or trial are completed. If the court receives notice that the Attorney\nGeneral has declined to file a petition for the commitment of an unrestorably\nincompetent defendant as a sexually violent predator after conducting a review\npursuant to § 37.2-905, the court shall order that the defendant be\nreleased, committed pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8\nof Title 37.2, or certified pursuant to § 37.2-806.\n\nF. In any case when an incompetent defendant is charged with aggravated murder\nand has been determined to be unrestorably incompetent, notwithstanding any\nother provision of this section, the charge shall not be dismissed and the court\nhaving jurisdiction over the aggravated murder case may order that the defendant\nreceive continued treatment under subsection A of § 19.2-169.2 in a secure\nfacility determined by the Commissioner of the Department of Behavioral Health\nand Developmental Services where the defendant shall remain until further order\nof the court, provided that (i) a hearing pursuant to subsection E of §\n19.2-169.1 is held at yearly intervals for five years and at biennial intervals\nthereafter, or at any time that the director of the treating facility or his\ndesignee submits a competency report to the court in accordance with subsection\nD of § 19.2-169.1 that the defendant’s competency has been restored,\n(ii) the defendant remains incompetent, (iii) the court finds continued\ntreatment to be medically appropriate, and (iv) the defendant presents a danger\nto himself or others. No unrestorably incompetent defendant charged with\naggravated murder shall be released except pursuant to a court order.\n\nG. The attorney for the Commonwealth may bring charges that have been dismissed\nagainst the defendant when he is restored to competency.\n\nHISTORY: 1982, c. 653; 1999, cc. 946, 985; 2003, cc. 915, 919, 989, cls. 4, 5,\n1018, cls. 4, 5, 1042, cls. 10, 11; 2006, cc. 863, 914; 2007, cc. 781, 876;\n2008, cc. 406, 796; 2009, cc. 813, 840; 2012, cc. 668, 800; 2019, c. 797; 2021,\nSp. Sess. I, cc. 344, 345; 2022, c. 763; 2023, c. 614.","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}}