{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-169.8.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-169.8.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-169.8.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-169.8.html"}],"law_id":60590,"edition_id":1,"section_id":60590,"structure_id":13151,"section_number":"19.2-169.8","catch_line":"Orders for evaluation or treatment; duties of clerk; copies","history":"2016, cc. 446, 449; 2022, cc. 74, 75.","full_text":"A\n\nWhenever a court orders an evaluation pursuant to &#xA7; 19.2-168.1, 19.2-169.1, or 19.2-169.5 or orders treatment pursuant to &#xA7; 19.2-169.2 or 19.2-169.6, the clerk of the court shall provide a copy of the order to the appointed evaluator or to the director of the community services board, behavioral health authority, or hospital named in the order as soon as practicable but no later than the close of business on the next business day following entry of the order. The party requesting the evaluation pursuant to &#xA7; 19.2-168.1, 19.2-169.1, or 19.2-169.5, the attorney for the Commonwealth if treatment is ordered pursuant to &#xA7; 19.2-169.2, or the petitioner if treatment is ordered pursuant to &#xA7; 19.2-169.6 shall be responsible for providing to the court the name, address, and other contact information for the appointed evaluator or the director of the community services board, behavioral health authority, or hospital unless the court or clerk already has this information. The appointed evaluator or the director of the community services board, behavioral health authority, or hospital shall acknowledge receipt of the order to the clerk of the court on a form developed by the Office of the Executive Secretary of the Supreme Court of Virginia as soon as practicable but no later than the close of business on the next business day following receipt of the order. The clerk shall also provide a copy of the order to the Department of Behavioral Health and Developmental Services.B\n\nNo person shall be liable for any act or omission relating to the performance of any requirement set forth in subsection A unless the person was grossly negligent or engaged in willful misconduct.","order_by":null,"text":{"0":{"id":221478,"text":"Whenever a court orders an evaluation pursuant to &#xA7; 19.2-168.1, 19.2-169.1, or 19.2-169.5 or orders treatment pursuant to &#xA7; 19.2-169.2 or 19.2-169.6, the clerk of the court shall provide a copy of the order to the appointed evaluator or to the director of the community services board, behavioral health authority, or hospital named in the order as soon as practicable but no later than the close of business on the next business day following entry of the order. The party requesting the evaluation pursuant to &#xA7; 19.2-168.1, 19.2-169.1, or 19.2-169.5, the attorney for the Commonwealth if treatment is ordered pursuant to &#xA7; 19.2-169.2, or the petitioner if treatment is ordered pursuant to &#xA7; 19.2-169.6 shall be responsible for providing to the court the name, address, and other contact information for the appointed evaluator or the director of the community services board, behavioral health authority, or hospital unless the court or clerk already has this information. The appointed evaluator or the director of the community services board, behavioral health authority, or hospital shall acknowledge receipt of the order to the clerk of the court on a form developed by the Office of the Executive Secretary of the Supreme Court of Virginia as soon as practicable but no later than the close of business on the next business day following receipt of the order. The clerk shall also provide a copy of the order to the Department of Behavioral Health and Developmental Services.","type":"section","prefixes":["A"],"prefix":"A","entire_prefix":"A","prefix_anchor":"A","level":1,"next_prefix":"B"},"1":{"id":221479,"text":"No person shall be liable for any act or omission relating to the performance of any requirement set forth in subsection A unless the person was grossly negligent or engaged in willful misconduct.","type":"section","prefixes":["B"],"prefix":"B","entire_prefix":"B","prefix_anchor":"B","level":1,"prior_prefix":"A"}},"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":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},"next_section":{"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},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-169.8\/","history_text":"<p>This law was first created in 2016. The record of its establishment is cataloged in chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0446\">446<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?161+ful+CHAP0449\">449<\/a> 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. It has been modified 1 time. 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. That modification is as follows: in 2022, chapters <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0074\">74<\/a> and <a href=\"https:\/\/legacylis.virginia.gov\/cgi-bin\/legp604.exe?221+ful+CHAP0075\">75<\/a>.<\/p>","references":false,"refers_to":[{"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":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":60376,"section_number":"19.2-169.5","catch_line":"Evaluation of sanity at the time of the offense; disclosure of evaluation results","order_by":null,"url":"\/19.2-169.5\/"},{"id":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\/"}],"permalink":{"id":168507,"object_type":"law","relational_id":60590,"identifier":"19.2-169.8","token":"19.2\/11\/19.2-169.8","url":"\/19.2-169.8\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-169.8\/","token":"19.2\/11\/19.2-169.8","dublin_core":{"Title":"Orders for evaluation or treatment; duties of clerk; copies","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-169.8","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t<section id=\"A\"><p><span class=\"prefix-number\">A.<\/span> Whenever a <span class=\"dictionary\">court orders<\/span> an evaluation pursuant to &#xA7; <a class=\"law\" title=\"Evaluation on motion of the Commonwealth after notice\" href=\"\/19.2-168.1\/\">19.2-168.1<\/a>, <a class=\"law\" title=\"Raising question of competency to stand trial or plead; evaluation and determination of competency\" href=\"\/19.2-169.1\/\">19.2-169.1<\/a>, or <a class=\"law\" title=\"Evaluation of sanity at the time of the offense; disclosure of evaluation results\" href=\"\/19.2-169.5\/\">19.2-169.5<\/a> or orders treatment pursuant to &#xA7; <a class=\"law\" title=\"Disposition when defendant found incompetent\" href=\"\/19.2-169.2\/\">19.2-169.2<\/a> or <a class=\"law\" title=\"Inpatient psychiatric hospital admission from local correctional facility\" href=\"\/19.2-169.6\/\">19.2-169.6<\/a>, the clerk of the court shall provide a copy of the <span class=\"dictionary\">order<\/span> to the appointed evaluator or to the director of the <span class=\"dictionary\">community services<\/span> board, behavioral health authority, or hospital named in the <span class=\"dictionary\">order<\/span> as soon as practicable but no later than the close of business on the next business day following entry of the <span class=\"dictionary\">order<\/span>. The <span class=\"dictionary\">party<\/span> requesting the evaluation pursuant to &#xA7; <a class=\"law\" title=\"Evaluation on motion of the Commonwealth after notice\" href=\"\/19.2-168.1\/\">19.2-168.1<\/a>, <a class=\"law\" title=\"Raising question of competency to stand trial or plead; evaluation and determination of competency\" href=\"\/19.2-169.1\/\">19.2-169.1<\/a>, or <a class=\"law\" title=\"Evaluation of sanity at the time of the offense; disclosure of evaluation results\" href=\"\/19.2-169.5\/\">19.2-169.5<\/a>, the attorney for the Commonwealth if treatment is ordered pursuant to &#xA7; <a class=\"law\" title=\"Disposition when defendant found incompetent\" href=\"\/19.2-169.2\/\">19.2-169.2<\/a>, or the petitioner if treatment is ordered pursuant to &#xA7; <a class=\"law\" title=\"Inpatient psychiatric hospital admission from local correctional facility\" href=\"\/19.2-169.6\/\">19.2-169.6<\/a> shall be responsible for providing to the court the name, address, and other contact information for the appointed evaluator or the director of the <span class=\"dictionary\">community services<\/span> board, behavioral health authority, or hospital unless the court or clerk already has this information. The appointed evaluator or the director of the <span class=\"dictionary\">community services<\/span> board, behavioral health authority, or hospital shall acknowledge receipt of the <span class=\"dictionary\">order<\/span> to the clerk of the court on a form developed by the Office of the Executive Secretary of the Supreme Court of Virginia as soon as practicable but no later than the close of business on the next business day following receipt of the <span class=\"dictionary\">order<\/span>. The clerk shall also provide a copy of the <span class=\"dictionary\">order<\/span> to the Department of Behavioral Health and Developmental Services. <a id=\"paragraph-221478\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-169.8\/#A\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>\n\t\t\t\t\t\t<section id=\"B\"><p><span class=\"prefix-number\">B.<\/span> No person shall be liable for any act or omission relating to the performance of any requirement set forth in subsection A unless the person was grossly negligent or engaged in willful misconduct. <a id=\"paragraph-221479\" class=\"section-permalink\" href=\"https:\/\/vacode.org\/19.2-169.8\/#B\"><i class=\"fa fa-link\"><\/i><\/a><\/p><\/section>","plain_text":"                                 CODE OF VIRGINIA\n\nORDERS FOR EVALUATION OR TREATMENT; DUTIES OF CLERK; COPIES (\u00a7 19.2-169.8)\n\nA. Whenever a court orders an evaluation pursuant to &#xA7; 19.2-168.1,\n19.2-169.1, or 19.2-169.5 or orders treatment pursuant to &#xA7; 19.2-169.2 or\n19.2-169.6, the clerk of the court shall provide a copy of the order to the\nappointed evaluator or to the director of the community services board,\nbehavioral health authority, or hospital named in the order as soon as\npracticable but no later than the close of business on the next business day\nfollowing entry of the order. The party requesting the evaluation pursuant to\n&#xA7; 19.2-168.1, 19.2-169.1, or 19.2-169.5, the attorney for the Commonwealth\nif treatment is ordered pursuant to &#xA7; 19.2-169.2, or the petitioner if\ntreatment is ordered pursuant to &#xA7; 19.2-169.6 shall be responsible for\nproviding to the court the name, address, and other contact information for the\nappointed evaluator or the director of the community services board, behavioral\nhealth authority, or hospital unless the court or clerk already has this\ninformation. The appointed evaluator or the director of the community services\nboard, behavioral health authority, or hospital shall acknowledge receipt of the\norder to the clerk of the court on a form developed by the Office of the\nExecutive Secretary of the Supreme Court of Virginia as soon as practicable but\nno later than the close of business on the next business day following receipt\nof the order. The clerk shall also provide a copy of the order to the Department\nof Behavioral Health and Developmental Services.\n\nB. No person shall be liable for any act or omission relating to the performance\nof any requirement set forth in subsection A unless the person was grossly\nnegligent or engaged in willful misconduct.\n\nHISTORY: 2016, cc. 446, 449; 2022, cc. 74, 75.","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}}