{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-169.5.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-169.5.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-169.5.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-169.5.html"}],"law_id":60376,"edition_id":1,"section_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","history":"1982, c. 653; 1986, c. 535; 1987, c. 439; 1996, cc. 937, 980; 2005, c. 428; 2009, cc. 813, 840; 2016, c. 445; 2018, c. 367.","full_text":"A\n\nRaising issue of sanity at the time of offense; appointment of evaluators. — If, at any time before trial, the court finds, upon hearing evidence or representations of counsel for the defendant, that there is probable cause to believe that the defendant’s sanity will be a significant factor in his defense and that the defendant is financially unable to pay for expert assistance, the court shall appoint one or more qualified mental health experts to evaluate the defendant’s sanity at the time of the offense and, where appropriate, to assist in the development of an insanity defense. Such mental health expert shall be a psychiatrist or a clinical psychologist who (i) has performed forensic examinations, (ii) has successfully completed forensic evaluation training recognized by the Commissioner of Behavioral Health and Developmental Services, (iii) has demonstrated to the Commissioner competence to perform forensic evaluations, and (iv) is included on a list of approved evaluators maintained by the Commissioner. The defendant shall not be entitled to a mental health expert of his own choosing or to funds to employ such expert.B\n\nLocation of evaluation. — The evaluation shall be performed on an outpatient basis, at a mental health facility or in jail unless an outpatient evaluation has been conducted and the outpatient evaluator opines that a hospital-based evaluation is needed to reliably reach an opinion or unless the defendant is in the custody of the Commissioner of Behavioral Health and Developmental Services pursuant to § 19.2-169.2, 19.2-169.6, 19.2-182.2, 19.2-182.3, 19.2-182.8, 19.2-182.9, or Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2.C\n\nProvision of information to evaluator. — The court shall require the party making the motion for the evaluation, and such other parties as the court deems appropriate, to provide to the evaluators appointed under subsection A any information relevant to the evaluation, including, but not limited to (i) copy of the warrant or indictment; (ii) the names and addresses of the attorney for the Commonwealth, the attorney for the defendant and the judge who appointed the expert; (iii) information pertaining to the alleged crime, including statements by the defendant made to the police and transcripts of preliminary hearings, if any; (iv) a summary of the reasons for the evaluation request; (v) any available psychiatric, psychological, medical or social records that are deemed relevant; and (vi) a copy of the defendant’s criminal record, to the extent reasonably available.D\n\nThe evaluators shall prepare a full report concerning the defendant’s sanity at the time of the offense, including whether he may have had a significant mental disease or defect which rendered him insane at the time of the offense. The report shall be prepared within the time period designated by the court, said period to include the time necessary to obtain and evaluate the information specified in subsection C.E\n\nDisclosure of evaluation results. — The report described in subsection D shall be sent solely to the attorney for the defendant and shall be deemed to be protected by the lawyer-client privilege. However, the Commonwealth shall be given the report in all felony cases, the results of any other evaluation of the defendant’s sanity at the time of the offense, and copies of psychiatric, psychological, medical, or other records obtained during the course of any such evaluation, after the attorney for the defendant gives notice of an intent to present psychiatric or psychological evidence pursuant to § 19.2-168. In addition, in all cases, the evaluator shall send a redacted copy of the report removing references to the defendant’s name, date of birth, case number, and court of jurisdiction to the Commissioner of Behavioral Health and Developmental Services for the purpose of peer review to establish and maintain the list of approved evaluators described in subsection A.F\n\nIn any case where the defendant obtains his own expert to evaluate the defendant’s sanity at the time of the offense, the provisions of subsections D and E, relating to the disclosure of the evaluation results, shall apply.","order_by":null,"text":{"0":{"id":220810,"text":"Raising issue of sanity at the time of offense; appointment of evaluators. — If, at any time before trial, the court finds, upon hearing evidence or representations of counsel for the defendant, that there is probable cause to believe that the defendant’s sanity will be a significant factor in his defense and that the defendant is financially unable to pay for expert assistance, the court shall appoint one or more qualified mental health experts to evaluate the defendant’s sanity at the time of the offense and, where appropriate, to assist in the development of an insanity defense. Such mental health expert shall be a psychiatrist or a clinical psychologist who (i) has performed forensic examinations, (ii) has successfully completed forensic evaluation training recognized by the Commissioner of Behavioral Health and Developmental Services, (iii) has demonstrated to the Commissioner competence to perform forensic evaluations, and (iv) is included on a list of approved evaluators maintained by the Commissioner. The defendant shall not be entitled to a mental health expert of his own choosing or to funds to employ such expert.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":220811,"text":"Location of evaluation. — The evaluation shall be performed on an outpatient basis, at a mental health facility or in jail unless an outpatient evaluation has been conducted and the outpatient evaluator opines that a hospital-based evaluation is needed to reliably reach an opinion or unless the defendant is in the custody of the Commissioner of Behavioral Health and Developmental Services pursuant to § 19.2-169.2, 19.2-169.6, 19.2-182.2, 19.2-182.3, 19.2-182.8, 19.2-182.9, or Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A","next_prefix":"C"},"2":{"id":220812,"text":"Provision of information to evaluator. — The court shall require the party making the motion for the evaluation, and such other parties as the court deems appropriate, to provide to the evaluators appointed under subsection A any information relevant to the evaluation, including, but not limited to (i) copy of the warrant or indictment; (ii) the names and addresses of the attorney for the Commonwealth, the attorney for the defendant and the judge who appointed the expert; (iii) information pertaining to the alleged crime, including statements by the defendant made to the police and transcripts of preliminary hearings, if any; (iv) a summary of the reasons for the evaluation request; (v) any available psychiatric, psychological, medical or social records that are deemed relevant; and (vi) a copy of the defendant’s criminal record, to the extent reasonably available.","type":"section","prefixes":["C"],"prefix":"C","entire_prefix":"C","prefix_anchor":"C","level":1,"prior_prefix":"B","next_prefix":"D"},"3":{"id":220813,"text":"The evaluators shall prepare a full report concerning the defendant’s sanity at the time of the offense, including whether he may have had a significant mental disease or defect which rendered him insane at the time of the offense. The report shall be prepared within the time period designated by the court, said period to include the time necessary to obtain and evaluate the information specified in subsection C.","type":"section","prefixes":["D"],"prefix":"D","entire_prefix":"D","prefix_anchor":"D","level":1,"prior_prefix":"C","next_prefix":"E"},"4":{"id":220814,"text":"Disclosure of evaluation results. — The report described in subsection D shall be sent solely to the attorney for the defendant and shall be deemed to be protected by the lawyer-client privilege. However, the Commonwealth shall be given the report in all felony cases, the results of any other evaluation of the defendant’s sanity at the time of the offense, and copies of psychiatric, psychological, medical, or other records obtained during the course of any such evaluation, after the attorney for the defendant gives notice of an intent to present psychiatric or psychological evidence pursuant to § 19.2-168. In addition, in all cases, the evaluator shall send a redacted copy of the report removing references to the defendant’s name, date of birth, case number, and court of jurisdiction to the Commissioner of Behavioral Health and Developmental Services for the purpose of peer review to establish and maintain the list of approved evaluators described in subsection A.","type":"section","prefixes":["E"],"prefix":"E","entire_prefix":"E","prefix_anchor":"E","level":1,"prior_prefix":"D","next_prefix":"F"},"5":{"id":220815,"text":"In any case where the defendant obtains his own expert to evaluate the defendant’s sanity at the time of the offense, the provisions of subsections D and E, relating to the disclosure of the evaluation results, shall apply.","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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-169.5\/","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 7 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 1986, chapter 535; in 1987, chapter 439; in 1996, chapters 937<\/a> and 980<\/a>; in 2005, chapter 428<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2016, chapter 445<\/a>; in 2018, chapter 367<\/a>.<\/p>","references":[{"id":72794,"section_number":"19.2-168.1","catch_line":"Evaluation on motion of the Commonwealth after notice","order_by":null,"url":"\/19.2-168.1\/"},{"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":59943,"section_number":"19.2-175","catch_line":"Compensation of experts","order_by":null,"url":"\/19.2-175\/"},{"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":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":75846,"section_number":"19.2-168","catch_line":"Notice to Commonwealth of intention to present evidence of insanity; continuance if notice not given","order_by":null,"url":"\/19.2-168\/"},{"id":66444,"section_number":"19.2-169.2","catch_line":"Disposition when defendant found incompetent","order_by":null,"url":"\/19.2-169.2\/"},{"id":74002,"section_number":"19.2-169.6","catch_line":"Inpatient psychiatric hospital admission from local correctional facility","order_by":null,"url":"\/19.2-169.6\/"},{"id":66912,"section_number":"19.2-182.2","catch_line":"Verdict of acquittal by reason of insanity to state the fact; temporary custody and evaluation","order_by":null,"url":"\/19.2-182.2\/"},{"id":57647,"section_number":"19.2-182.3","catch_line":"Commitment; civil proceedings","order_by":null,"url":"\/19.2-182.3\/"},{"id":64428,"section_number":"19.2-182.8","catch_line":"Revocation of conditional release","order_by":null,"url":"\/19.2-182.8\/"},{"id":55068,"section_number":"19.2-182.9","catch_line":"Emergency custody of conditionally released acquittee","order_by":null,"url":"\/19.2-182.9\/"},{"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\/"}],"permalink":{"id":168495,"object_type":"law","relational_id":60376,"identifier":"19.2-169.5","token":"19.2\/11\/19.2-169.5","url":"\/19.2-169.5\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-169.5\/","token":"19.2\/11\/19.2-169.5","dublin_core":{"Title":"Evaluation of sanity at the time of the offense; disclosure of evaluation results","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-169.5","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

A.<\/span> Raising issue<\/span> of sanity at the time of offense<\/span>; appointment of evaluators. — If, at any time before trial<\/span>, the court<\/span> finds, upon hearing<\/span> evidence<\/span> or representations of counsel<\/span> for the defendant<\/span>, that there is probable cause<\/span> to believe that the defendant<\/span>’s sanity will be a significant factor in his defense and that the defendant<\/span> is financially unable to pay for expert assistance, the court<\/span> shall appoint one or more qualified mental health experts to evaluate the defendant<\/span>’s sanity at the time of the offense<\/span> and, where appropriate, to assist in the development of an insanity<\/span> defense. Such mental health expert shall be a psychiatrist or a clinical psychologist who (i) has performed forensic examinations, (ii) has successfully completed forensic evaluation training recognized by the Commissioner of Behavioral Health and Developmental Services, (iii) has demonstrated to the Commissioner competence to perform forensic evaluations, and (iv) is included on a list of approved evaluators maintained by the Commissioner. The defendant<\/span> shall not be entitled to a mental health expert of his own choosing or to funds to employ such expert. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

B.<\/span> Location of evaluation. — The evaluation shall be performed on an outpatient basis, at a mental health facility or in jail unless an outpatient evaluation has been conducted and the outpatient evaluator opines that a hospital-based evaluation is needed to reliably reach an opinion<\/span> or unless the defendant<\/span> is in the custody<\/span> of the Commissioner of Behavioral Health and Developmental Services pursuant to § 19.2-169.2<\/a>, 19.2-169.6<\/a>, 19.2-182.2<\/a>, 19.2-182.3<\/a>, 19.2-182.8<\/a>, 19.2-182.9<\/a>, or Article 5 (§ 37.2-814<\/a> et seq.) of Chapter 8 of Title 37.2. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

C.<\/span> Provision of information to evaluator. — The court<\/span> shall require the party<\/span> making the motion<\/span> for the evaluation, and such other parties as the court<\/span> deems appropriate, to provide to the evaluators appointed under subsection A any information relevant to the evaluation, including, but not limited to (i) copy of the warrant or indictment<\/span>; (ii) the names and addresses of the attorney for the Commonwealth, the attorney for the defendant<\/span> and the judge<\/span> who appointed the expert; (iii) information pertaining to the alleged crime<\/span>, including statements by the defendant<\/span> made to the police and transcripts<\/span> of preliminary hearings<\/span>, if any; (iv) a summary of the reasons for the evaluation request; (v) any available psychiatric, psychological, medical or social records that are deemed relevant; and (vi) a copy of the defendant<\/span>’s criminal record, to the extent reasonably available. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

D.<\/span> The evaluators shall prepare a full report concerning the defendant<\/span>’s sanity at the time of the offense<\/span>, including whether he may have had a significant mental disease or defect which rendered him insane at the time of the offense<\/span>. The report shall be prepared within the time period designated by the court<\/span>, said period to include the time necessary to obtain and evaluate the information specified in subsection C. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

E.<\/span> Disclosure of evaluation results. — The report described in subsection D shall be sent solely to the attorney for the defendant<\/span> and shall be deemed to be protected by the lawyer-client privilege<\/span>. However, the Commonwealth shall be given the report in all felony<\/span> cases, the results of any other evaluation of the defendant<\/span>’s sanity at the time of the offense<\/span>, and copies of psychiatric, psychological, medical, or other records obtained during the course of any such evaluation, after the attorney for the defendant<\/span> gives notice of an intent<\/span> to present psychiatric or psychological evidence<\/span> pursuant to § 19.2-168<\/a>. In addition, in all cases, the evaluator shall send a redacted copy of the report removing references to the defendant<\/span>’s name, date of birth, case number, and court<\/span> of jurisdiction<\/span> to the Commissioner of Behavioral Health and Developmental Services for the purpose of peer review to establish and maintain the list of approved evaluators described in subsection A. <\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t

F.<\/span> In any case where the defendant<\/span> obtains his own expert to evaluate the defendant<\/span>’s sanity at the time of the offense<\/span>, the provisions of subsections D and E, relating to the disclosure of the evaluation results, shall apply. <\/i><\/a><\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEVALUATION OF SANITY AT THE TIME OF THE OFFENSE; DISCLOSURE OF EVALUATION\nRESULTS (\u00a7 19.2-169.5)\n\nA. Raising issue of sanity at the time of offense; appointment of evaluators.\n— If, at any time before trial, the court finds, upon hearing evidence or\nrepresentations of counsel for the defendant, that there is probable cause to\nbelieve that the defendant’s sanity will be a significant factor in his\ndefense and that the defendant is financially unable to pay for expert\nassistance, the court shall appoint one or more qualified mental health experts\nto evaluate the defendant’s sanity at the time of the offense and, where\nappropriate, to assist in the development of an insanity defense. Such mental\nhealth expert shall be a psychiatrist or a clinical psychologist who (i) has\nperformed forensic examinations, (ii) has successfully completed forensic\nevaluation training recognized by the Commissioner of Behavioral Health and\nDevelopmental Services, (iii) has demonstrated to the Commissioner competence to\nperform forensic evaluations, and (iv) is included on a list of approved\nevaluators maintained by the Commissioner. The defendant shall not be entitled\nto a mental health expert of his own choosing or to funds to employ such expert.\n\nB. Location of evaluation. — The evaluation shall be performed on an\noutpatient basis, at a mental health facility or in jail unless an outpatient\nevaluation has been conducted and the outpatient evaluator opines that a\nhospital-based evaluation is needed to reliably reach an opinion or unless the\ndefendant is in the custody of the Commissioner of Behavioral Health and\nDevelopmental Services pursuant to § 19.2-169.2, 19.2-169.6, 19.2-182.2,\n19.2-182.3, 19.2-182.8, 19.2-182.9, or Article 5 (§ 37.2-814 et seq.) of\nChapter 8 of Title 37.2.\n\nC. Provision of information to evaluator. — The court shall require the\nparty making the motion for the evaluation, and such other parties as the court\ndeems appropriate, to provide to the evaluators appointed under subsection A any\ninformation relevant to the evaluation, including, but not limited to (i) copy\nof the warrant or indictment; (ii) the names and addresses of the attorney for\nthe Commonwealth, the attorney for the defendant and the judge who appointed the\nexpert; (iii) information pertaining to the alleged crime, including statements\nby the defendant made to the police and transcripts of preliminary hearings, if\nany; (iv) a summary of the reasons for the evaluation request; (v) any available\npsychiatric, psychological, medical or social records that are deemed relevant;\nand (vi) a copy of the defendant’s criminal record, to the extent\nreasonably available.\n\nD. The evaluators shall prepare a full report concerning the defendant’s\nsanity at the time of the offense, including whether he may have had a\nsignificant mental disease or defect which rendered him insane at the time of\nthe offense. The report shall be prepared within the time period designated by\nthe court, said period to include the time necessary to obtain and evaluate the\ninformation specified in subsection C.\n\nE. Disclosure of evaluation results. — The report described in subsection\nD shall be sent solely to the attorney for the defendant and shall be deemed to\nbe protected by the lawyer-client privilege. However, the Commonwealth shall be\ngiven the report in all felony cases, the results of any other evaluation of the\ndefendant’s sanity at the time of the offense, and copies of psychiatric,\npsychological, medical, or other records obtained during the course of any such\nevaluation, after the attorney for the defendant gives notice of an intent to\npresent psychiatric or psychological evidence pursuant to § 19.2-168. In\naddition, in all cases, the evaluator shall send a redacted copy of the report\nremoving references to the defendant’s name, date of birth, case number,\nand court of jurisdiction to the Commissioner of Behavioral Health and\nDevelopmental Services for the purpose of peer review to establish and maintain\nthe list of approved evaluators described in subsection A.\n\nF. In any case where the defendant obtains his own expert to evaluate the\ndefendant’s sanity at the time of the offense, the provisions of\nsubsections D and E, relating to the disclosure of the evaluation results, shall\napply.\n\nHISTORY: 1982, c. 653; 1986, c. 535; 1987, c. 439; 1996, cc. 937, 980; 2005, c.\n428; 2009, cc. 813, 840; 2016, c. 445; 2018, c. 367.","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}}