{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-169.3_1.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-169.3_1.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-169.3_1.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-169.3_1.html"}],"law_id":65242,"edition_id":1,"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","history":"2021, Sp. Sess. I, c. 312.","full_text":"A\n\nWhen a defendant charged with capital murder has been determined to be unrestorably incompetent, pursuant to subsections D and F of § 19.2-169.3, the court may commit such defendant to the inpatient custody of the Commissioner of the Department of Behavioral Health and Developmental Services under this section, provided that such defendant has remained unrestorably incompetent for a period of five years.B\n\nAfter a capital murder defendant has been committed to the inpatient custody of the Commissioner of the Department of Behavioral Health and Developmental Services under subsection A, the Commissioner may make interfacility transfers and treatment and management decisions regarding such defendant after obtaining prior approval of or review by the committing court.C\n\nThe Commissioner of the Department of Behavioral Health and Developmental Services shall notify the committing court, the attorney for the Commonwealth in the committing jurisdiction, and the defendant’s counsel in writing of recommended changes in a defendant’s course of treatment that will involve authorization for the defendant to leave the grounds of the hospital in which he is confined. Upon receipt of such notice, the court shall hold a hearing to determine whether the recommendation of the Commissioner is authorized by the court.D\n\nThe Commissioner of the Department of Behavioral Health and Developmental Services may delegate any of the duties and powers imposed on or granted to him by this section to an administrative board composed of persons with demonstrated expertise in such matters. The Department of Behavioral Health and Developmental Services shall assist the board in its administrative and technical duties. Members of the board shall exercise their powers and duties without compensation and shall be immune from personal liability while acting within the scope of their duties except for intentional misconduct.E\n\nCopies of all orders and notices issued pursuant to this chapter shall be sent to the Commissioner of the Department of Behavioral Health and Developmental Services.F\n\nNothing in this section shall alter the requirement that hearings be held pursuant to subsection F of § 19.2-169.3.","order_by":null,"text":{"0":{"id":237315,"text":"When a defendant charged with capital murder has been determined to be unrestorably incompetent, pursuant to subsections D and F of § 19.2-169.3, the court may commit such defendant to the inpatient custody of the Commissioner of the Department of Behavioral Health and Developmental Services under this section, provided that such defendant has remained unrestorably incompetent for a period of five years.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":237316,"text":"After a capital murder defendant has been committed to the inpatient custody of the Commissioner of the Department of Behavioral Health and Developmental Services under subsection A, the Commissioner may make interfacility transfers and treatment and management decisions regarding such defendant after obtaining prior approval of or review by the committing court.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":237317,"text":"The Commissioner of the Department of Behavioral Health and Developmental Services shall notify the committing court, the attorney for the Commonwealth in the committing jurisdiction, and the defendant’s counsel in writing of recommended changes in a defendant’s course of treatment that will involve authorization for the defendant to leave the grounds of the hospital in which he is confined. Upon receipt of such notice, the court shall hold a hearing to determine whether the recommendation of the Commissioner is authorized by the court.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":237318,"text":"The Commissioner of the Department of Behavioral Health and Developmental Services may delegate any of the duties and powers imposed on or granted to him by this section to an administrative board composed of persons with demonstrated expertise in such matters. The Department of Behavioral Health and Developmental Services shall assist the board in its administrative and technical duties. Members of the board shall exercise their powers and duties without compensation and shall be immune from personal liability while acting within the scope of their duties except for intentional misconduct.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":237319,"text":"Copies of all orders and notices issued pursuant to this chapter shall be sent to the Commissioner of the Department of Behavioral Health and Developmental Services.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":237320,"text":"Nothing in this section shall alter the requirement that hearings be held pursuant to subsection F of § 19.2-169.3.","type":"section","prefixes":["F"],"prefix":"F","entire_prefix":"F","prefix_anchor":"F","level":1,"prior_prefix":"E"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-169.3:1\/","history_text":false,"references":false,"refers_to":[{"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\/"}],"permalink":{"id":168487,"object_type":"law","relational_id":65242,"identifier":"19.2-169.3:1","token":"19.2\/11\/19.2-169.3_1","url":"\/19.2-169.3_1\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-169.3_1\/","token":"19.2\/11\/19.2-169.3_1","dublin_core":{"Title":"Disposition of the unrestorably incompetent defendant; capital murder charge; inpatient custody of the Commissioner","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-169.3:1","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> When a defendant<\/span> charged with capital murder<\/span> has been determined to be unrestorably incompetent, pursuant to subsections D and F of § 19.2-169.3<\/a>, the court<\/span> may commit such defendant<\/span> to the inpatient custody<\/span> of the Commissioner of the Department of Behavioral Health and Developmental Services under this section, provided that such defendant<\/span> has remained unrestorably incompetent for a period of five years. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> After a capital murder<\/span> defendant<\/span> has been committed to the inpatient custody<\/span> of the Commissioner of the Department of Behavioral Health and Developmental Services under subsection A, the Commissioner may make interfacility transfers and treatment and management decisions regarding such defendant<\/span> after obtaining prior approval of or review by the committing court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> The Commissioner of the Department of Behavioral Health and Developmental Services shall notify the committing court<\/span>, the attorney for the Commonwealth in the committing jurisdiction<\/span>, and the defendant<\/span>’s counsel<\/span> in writing of recommended changes in a defendant<\/span>’s course of treatment that will involve authorization for the defendant<\/span> to leave the grounds of the hospital in which he is confined. Upon receipt of such notice, the court<\/span> shall hold a hearing<\/span> to determine whether the recommendation of the Commissioner is authorized by the court<\/span>. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The Commissioner of the Department of Behavioral Health and Developmental Services may delegate any of the duties and powers imposed on or granted to him by this section to an administrative board composed of persons with demonstrated expertise in such matters. The Department of Behavioral Health and Developmental Services shall assist the board in its administrative and technical duties. Members of the board shall exercise their powers and duties without compensation and shall be immune from personal liability while acting within the scope of their duties except for intentional misconduct. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Copies of all orders<\/span> and notices issued pursuant to this chapter shall be sent to the Commissioner of the Department of Behavioral Health and Developmental Services. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> Nothing in this section shall alter the requirement that hearings<\/span> be held pursuant to subsection F of § 19.2-169.3<\/a>. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nDISPOSITION OF THE UNRESTORABLY INCOMPETENT DEFENDANT; CAPITAL MURDER CHARGE;\nINPATIENT CUSTODY OF THE COMMISSIONER (\u00a7 19.2-169.3:1)\n\nA. When a defendant charged with capital murder has been determined to be\nunrestorably incompetent, pursuant to subsections D and F of § 19.2-169.3,\nthe court may commit such defendant to the inpatient custody of the Commissioner\nof the Department of Behavioral Health and Developmental Services under this\nsection, provided that such defendant has remained unrestorably incompetent for\na period of five years.\n\nB. After a capital murder defendant has been committed to the inpatient custody\nof the Commissioner of the Department of Behavioral Health and Developmental\nServices under subsection A, the Commissioner may make interfacility transfers\nand treatment and management decisions regarding such defendant after obtaining\nprior approval of or review by the committing court.\n\nC. The Commissioner of the Department of Behavioral Health and Developmental\nServices shall notify the committing court, the attorney for the Commonwealth in\nthe committing jurisdiction, and the defendant’s counsel in writing of\nrecommended changes in a defendant’s course of treatment that will involve\nauthorization for the defendant to leave the grounds of the hospital in which he\nis confined. Upon receipt of such notice, the court shall hold a hearing to\ndetermine whether the recommendation of the Commissioner is authorized by the\ncourt.\n\nD. The Commissioner of the Department of Behavioral Health and Developmental\nServices may delegate any of the duties and powers imposed on or granted to him\nby this section to an administrative board composed of persons with demonstrated\nexpertise in such matters. The Department of Behavioral Health and Developmental\nServices shall assist the board in its administrative and technical duties.\nMembers of the board shall exercise their powers and duties without compensation\nand shall be immune from personal liability while acting within the scope of\ntheir duties except for intentional misconduct.\n\nE. Copies of all orders and notices issued pursuant to this chapter shall be\nsent to the Commissioner of the Department of Behavioral Health and\nDevelopmental Services.\n\nF. Nothing in this section shall alter the requirement that hearings be held\npursuant to subsection F of § 19.2-169.3.\n\nHISTORY: 2021, Sp. Sess. I, c. 312.","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}}