{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-182.2.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-182.2.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-182.2.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-182.2.html"}],"law_id":66912,"edition_id":1,"section_id":66912,"structure_id":13903,"section_number":"19.2-182.2","catch_line":"Verdict of acquittal by reason of insanity to state the fact; temporary custody and evaluation","history":"1991, c. 427; 1993, c. 295; 1996, cc. 937, 980; 2007, cc. 485, 565; 2009, cc. 813, 840; 2012, cc. 476, 507; 2018, c. 16.","full_text":"When the defense is insanity of the defendant at the time the offense was committed, the jurors shall be instructed, if they acquit him on that ground, to state the fact with their verdict. The court shall place the person so acquitted (the acquittee) in temporary custody of the Commissioner of Behavioral Health and Developmental Services (hereinafter referred to in this chapter as the Commissioner) for evaluation as to whether the acquittee may be released with or without conditions or requires commitment. The court may authorize that the evaluation be conducted on an outpatient basis. If the court authorizes an outpatient evaluation, the Commissioner shall determine, on the basis of all information available, whether the evaluation shall be conducted on an outpatient basis or whether the acquittee shall be confined in a hospital for evaluation. If the court does not authorize an outpatient evaluation, the acquittee shall be confined in a hospital for evaluation. If an acquittee who is being evaluated on an outpatient basis fails to comply with such evaluation, the Commissioner shall petition the court for an order to confine the acquittee in a hospital for evaluation. A copy of the petition shall be sent to the acquittee’s attorney and the attorney for the Commonwealth. The evaluation shall be conducted by (i) one psychiatrist and (ii) one clinical psychologist. The psychiatrist or clinical psychologist shall be skilled in the diagnosis of mental illness and intellectual disability and qualified by training and experience to perform such evaluations. The Commissioner shall appoint both evaluators. In the case of an acquittee confined in a hospital, at least one of the evaluators shall not be employed by the hospital in which the acquittee is primarily confined. The evaluators shall determine whether the acquittee currently has mental illness or intellectual disability and shall assess the acquittee and report on his condition and need for hospitalization with respect to the factors set forth in \u00a7 19.2-182.3. The evaluators shall conduct their examinations and report their findings separately within 45 days of the Commissioner’s assumption of custody. Copies of the report shall be sent to the acquittee’s attorney, the attorney for the Commonwealth for the jurisdiction where the person was acquitted and the community services board or behavioral health authority as designated by the Commissioner. If either evaluator recommends conditional release or release without conditions of the acquittee, the court shall extend the evaluation period to permit (a) the Department of Behavioral Health and Developmental Services and (b) the appropriate community services board or behavioral health authority to jointly prepare a conditional release or discharge plan, as applicable, prior to the hearing.","order_by":null,"text":{"0":{"id":242609,"text":"When the defense is insanity of the defendant at the time the offense was committed, the jurors shall be instructed, if they acquit him on that ground, to state the fact with their verdict. The court shall place the person so acquitted (the acquittee) in temporary custody of the Commissioner of Behavioral Health and Developmental Services (hereinafter referred to in this chapter as the Commissioner) for evaluation as to whether the acquittee may be released with or without conditions or requires commitment. The court may authorize that the evaluation be conducted on an outpatient basis. If the court authorizes an outpatient evaluation, the Commissioner shall determine, on the basis of all information available, whether the evaluation shall be conducted on an outpatient basis or whether the acquittee shall be confined in a hospital for evaluation. If the court does not authorize an outpatient evaluation, the acquittee shall be confined in a hospital for evaluation. If an acquittee who is being evaluated on an outpatient basis fails to comply with such evaluation, the Commissioner shall petition the court for an order to confine the acquittee in a hospital for evaluation. A copy of the petition shall be sent to the acquittee’s attorney and the attorney for the Commonwealth. The evaluation shall be conducted by (i) one psychiatrist and (ii) one clinical psychologist. The psychiatrist or clinical psychologist shall be skilled in the diagnosis of mental illness and intellectual disability and qualified by training and experience to perform such evaluations. The Commissioner shall appoint both evaluators. In the case of an acquittee confined in a hospital, at least one of the evaluators shall not be employed by the hospital in which the acquittee is primarily confined. The evaluators shall determine whether the acquittee currently has mental illness or intellectual disability and shall assess the acquittee and report on his condition and need for hospitalization with respect to the factors set forth in \u00a7 19.2-182.3. The evaluators shall conduct their examinations and report their findings separately within 45 days of the Commissioner’s assumption of custody. Copies of the report shall be sent to the acquittee’s attorney, the attorney for the Commonwealth for the jurisdiction where the person was acquitted and the community services board or behavioral health authority as designated by the Commissioner. If either evaluator recommends conditional release or release without conditions of the acquittee, the court shall extend the evaluation period to permit (a) the Department of Behavioral Health and Developmental Services and (b) the appropriate community services board or behavioral health authority to jointly prepare a conditional release or discharge plan, as applicable, prior to the hearing.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":13903,"edition_id":1,"name":"Disposition of Persons Acquitted by Reason of Insanity","identifier":"11.1","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:14","date_modified":"2026-06-26 03:46:14","permalink":{"id":168559,"object_type":"structure","relational_id":13903,"identifier":"11.1","token":"19.2\/11.1","url":"\/19.2\/11.1\/","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":79745,"structure_id":13903,"section_number":"19.2-182.10","catch_line":"Release of person whose conditional release was revoked","url":"\/19.2-182.10\/","token":"19.2\/11.1\/19.2-182.10","metadata":false},{"id":79141,"structure_id":13903,"section_number":"19.2-182.11","catch_line":"Modification or removal of conditions; notice; objections; review","url":"\/19.2-182.11\/","token":"19.2\/11.1\/19.2-182.11","metadata":false},{"id":84227,"structure_id":13903,"section_number":"19.2-182.12","catch_line":"Representation of Commonwealth and acquittee","url":"\/19.2-182.12\/","token":"19.2\/11.1\/19.2-182.12","metadata":false},{"id":71242,"structure_id":13903,"section_number":"19.2-182.13","catch_line":"Authority of Commissioner; delegation to board; liability","url":"\/19.2-182.13\/","token":"19.2\/11.1\/19.2-182.13","metadata":false},{"id":58494,"structure_id":13903,"section_number":"19.2-182.14","catch_line":"Escape of persons placed or committed; penalty","url":"\/19.2-182.14\/","token":"19.2\/11.1\/19.2-182.14","metadata":false},{"id":66021,"structure_id":13903,"section_number":"19.2-182.15","catch_line":"Escape of persons placed on conditional release; penalty","url":"\/19.2-182.15\/","token":"19.2\/11.1\/19.2-182.15","metadata":false},{"id":60989,"structure_id":13903,"section_number":"19.2-182.16","catch_line":"Copies of orders to Commissioner","url":"\/19.2-182.16\/","token":"19.2\/11.1\/19.2-182.16","metadata":false},{"id":66912,"structure_id":13903,"section_number":"19.2-182.2","catch_line":"Verdict of acquittal by reason of insanity to state the fact; temporary custody and evaluation","url":"\/19.2-182.2\/","token":"19.2\/11.1\/19.2-182.2","metadata":false},{"id":57647,"structure_id":13903,"section_number":"19.2-182.3","catch_line":"Commitment; civil proceedings","url":"\/19.2-182.3\/","token":"19.2\/11.1\/19.2-182.3","metadata":false},{"id":54942,"structure_id":13903,"section_number":"19.2-182.4","catch_line":"Confinement and treatment; interfacility transfers; out-of-hospital visits; notice of change in treatment","url":"\/19.2-182.4\/","token":"19.2\/11.1\/19.2-182.4","metadata":false},{"id":76399,"structure_id":13903,"section_number":"19.2-182.5","catch_line":"Review of continuation of confinement hearing; procedure and reports; disposition","url":"\/19.2-182.5\/","token":"19.2\/11.1\/19.2-182.5","metadata":false},{"id":83002,"structure_id":13903,"section_number":"19.2-182.6","catch_line":"Petition for release; conditional release hearing; notice; disposition","url":"\/19.2-182.6\/","token":"19.2\/11.1\/19.2-182.6","metadata":false},{"id":65916,"structure_id":13903,"section_number":"19.2-182.7","catch_line":"Conditional release; criteria; conditions; reports","url":"\/19.2-182.7\/","token":"19.2\/11.1\/19.2-182.7","metadata":false},{"id":64428,"structure_id":13903,"section_number":"19.2-182.8","catch_line":"Revocation of conditional release","url":"\/19.2-182.8\/","token":"19.2\/11.1\/19.2-182.8","metadata":false},{"id":55068,"structure_id":13903,"section_number":"19.2-182.9","catch_line":"Emergency custody of conditionally released acquittee","url":"\/19.2-182.9\/","token":"19.2\/11.1\/19.2-182.9","metadata":false}],"previous_section":{"id":60989,"structure_id":13903,"section_number":"19.2-182.16","catch_line":"Copies of orders to Commissioner","url":"\/19.2-182.16\/","token":"19.2\/11.1\/19.2-182.16","metadata":false},"next_section":{"id":57647,"structure_id":13903,"section_number":"19.2-182.3","catch_line":"Commitment; civil proceedings","url":"\/19.2-182.3\/","token":"19.2\/11.1\/19.2-182.3","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-182.2\/","history_text":"

This law was first created in 1991. The record of its establishment is cataloged in chapter 427 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 1991 \u201cActs\u201d aren\u2019t available online. It has been modified 6 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 1993, chapter 295; in 1996, chapters 937<\/a> and 980<\/a>; in 2007, chapters 485<\/a> and 565<\/a>; in 2009, chapters 813<\/a> and 840<\/a>; in 2012, chapters 476<\/a> and 507<\/a>; in 2018, chapter 16<\/a>.<\/p>","references":[{"id":81568,"section_number":"18.2-308.1:1","catch_line":"Purchase, possession, or transportation of firearms by persons acquitted by reason of insanity; penalty","order_by":null,"url":"\/18.2-308.1_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":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":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":58494,"section_number":"19.2-182.14","catch_line":"Escape of persons placed or committed; penalty","order_by":null,"url":"\/19.2-182.14\/"},{"id":83002,"section_number":"19.2-182.6","catch_line":"Petition for release; conditional release hearing; notice; disposition","order_by":null,"url":"\/19.2-182.6\/"},{"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\/"},{"id":82582,"section_number":"19.2-390","catch_line":"Reports to be made by local law-enforcement officers, conservators of the peace, clerks of court, Secretary of the Commonwealth and Corrections officials to State Police; material submitted by other agencies","order_by":null,"url":"\/19.2-390\/"},{"id":61280,"section_number":"19.2-392.02","catch_line":"National criminal background checks by businesses and organizations regarding employees or volunteers providing care to children or the elderly or disabled","order_by":null,"url":"\/19.2-392.02\/"},{"id":85041,"section_number":"37.2-1102","catch_line":"Certain actions may not be authorized","order_by":null,"url":"\/37.2-1102\/"}],"refers_to":[{"id":57647,"section_number":"19.2-182.3","catch_line":"Commitment; civil proceedings","order_by":null,"url":"\/19.2-182.3\/"}],"permalink":{"id":168589,"object_type":"law","relational_id":66912,"identifier":"19.2-182.2","token":"19.2\/11.1\/19.2-182.2","url":"\/19.2-182.2\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-182.2\/","token":"19.2\/11.1\/19.2-182.2","dublin_core":{"Title":"Verdict of acquittal by reason of insanity to state the fact; temporary custody and evaluation","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-182.2","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

When the defense is insanity<\/span> of the defendant<\/span> at the time the offense<\/span> was committed, the jurors shall be instructed, if they acquit<\/span> him on that ground, to state the fact<\/span> with their verdict<\/span>. The court<\/span> shall place the person so acquitted (the acquittee) in temporary custody<\/span> of the Commissioner of Behavioral Health and Developmental Services (hereinafter referred to in this chapter as the Commissioner) for evaluation as to whether the acquittee may be released with or without conditions or requires commitment. The court<\/span> may authorize that the evaluation be conducted on an outpatient basis. If the court<\/span> authorizes an outpatient evaluation, the Commissioner shall determine, on the basis of all information available, whether the evaluation shall be conducted on an outpatient basis or whether the acquittee shall be confined in a hospital for evaluation. If the court<\/span> does not authorize an outpatient evaluation, the acquittee shall be confined in a hospital for evaluation. If an acquittee who is being evaluated on an outpatient basis fails to comply with such evaluation, the Commissioner shall petition<\/span> the court<\/span> for an order<\/span> to confine the acquittee in a hospital for evaluation. A copy of the petition<\/span> shall be sent to the acquittee’s attorney and the attorney for the Commonwealth. The evaluation shall be conducted by (i) one psychiatrist and (ii) one clinical psychologist. The psychiatrist or clinical psychologist shall be skilled in the diagnosis of mental illness and intellectual disability and qualified by training and experience to perform such evaluations. The Commissioner shall appoint both evaluators. In the case of an acquittee confined in a hospital, at least one of the evaluators shall not be employed by the hospital in which the acquittee is primarily confined. The evaluators shall determine whether the acquittee currently has mental illness or intellectual disability and shall assess the acquittee and report on his condition and need for hospitalization with respect to the factors set forth in \u00a7 19.2-182.3<\/a>. The evaluators shall conduct their examinations and report their findings<\/span> separately within 45 days of the Commissioner’s assumption of custody<\/span>. Copies of the report shall be sent to the acquittee’s attorney, the attorney for the Commonwealth for the jurisdiction<\/span> where the person was acquitted and the community services<\/span> board or behavioral health authority as designated by the Commissioner. If either evaluator recommends conditional release or release without conditions of the acquittee, the court<\/span> shall extend the evaluation period to permit (a) the Department of Behavioral Health and Developmental Services and (b) the appropriate community services<\/span> board or behavioral health authority to jointly prepare a conditional release or discharge plan, as applicable, prior to the hearing<\/span>.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nVERDICT OF ACQUITTAL BY REASON OF INSANITY TO STATE THE FACT; TEMPORARY CUSTODY\nAND EVALUATION (\u00a7 19.2-182.2)\n\nWhen the defense is insanity of the defendant at the time the offense was\ncommitted, the jurors shall be instructed, if they acquit him on that ground, to\nstate the fact with their verdict. The court shall place the person so acquitted\n(the acquittee) in temporary custody of the Commissioner of Behavioral Health\nand Developmental Services (hereinafter referred to in this chapter as the\nCommissioner) for evaluation as to whether the acquittee may be released with or\nwithout conditions or requires commitment. The court may authorize that the\nevaluation be conducted on an outpatient basis. If the court authorizes an\noutpatient evaluation, the Commissioner shall determine, on the basis of all\ninformation available, whether the evaluation shall be conducted on an\noutpatient basis or whether the acquittee shall be confined in a hospital for\nevaluation. If the court does not authorize an outpatient evaluation, the\nacquittee shall be confined in a hospital for evaluation. If an acquittee who is\nbeing evaluated on an outpatient basis fails to comply with such evaluation, the\nCommissioner shall petition the court for an order to confine the acquittee in a\nhospital for evaluation. A copy of the petition shall be sent to the\nacquittee’s attorney and the attorney for the Commonwealth. The evaluation\nshall be conducted by (i) one psychiatrist and (ii) one clinical psychologist.\nThe psychiatrist or clinical psychologist shall be skilled in the diagnosis of\nmental illness and intellectual disability and qualified by training and\nexperience to perform such evaluations. The Commissioner shall appoint both\nevaluators. In the case of an acquittee confined in a hospital, at least one of\nthe evaluators shall not be employed by the hospital in which the acquittee is\nprimarily confined. The evaluators shall determine whether the acquittee\ncurrently has mental illness or intellectual disability and shall assess the\nacquittee and report on his condition and need for hospitalization with respect\nto the factors set forth in \u00a7 19.2-182.3. The evaluators shall conduct their\nexaminations and report their findings separately within 45 days of the\nCommissioner’s assumption of custody. Copies of the report shall be sent\nto the acquittee’s attorney, the attorney for the Commonwealth for the\njurisdiction where the person was acquitted and the community services board or\nbehavioral health authority as designated by the Commissioner. If either\nevaluator recommends conditional release or release without conditions of the\nacquittee, the court shall extend the evaluation period to permit (a) the\nDepartment of Behavioral Health and Developmental Services and (b) the\nappropriate community services board or behavioral health authority to jointly\nprepare a conditional release or discharge plan, as applicable, prior to the\nhearing.\n\nHISTORY: 1991, c. 427; 1993, c. 295; 1996, cc. 937, 980; 2007, cc. 485, 565;\n2009, cc. 813, 840; 2012, cc. 476, 507; 2018, c. 16.","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}}