{"formats":[{"name":"JSON","format":"json","url":"\/downloads\/2025\/code-json\/19.2-316.json"},{"name":"Plain Text","format":"text","url":"\/downloads\/2025\/code-text\/19.2-316.txt"},{"name":"XML","format":"xml","url":"\/downloads\/2025\/code-xml\/19.2-316.xml"},{"name":"HTML","format":"html","url":"\/downloads\/2025\/code-html\/19.2-316.html"}],"law_id":67161,"edition_id":1,"section_id":67161,"structure_id":15769,"section_number":"19.2-316","catch_line":"Evaluation and report prior to determining punishment","history":"Code 1950, \u00a7 19.1-295.6; 1966, c. 579; 1974, cc. 44, 1975, c. 495; 1990, c. 701; 2000, cc. 668, 690; 2012, cc. 476, 507.","full_text":"Following conviction and prior to sentencing, the court shall order such defendant committed to the Department of Corrections for a period not to exceed 60 days from the date of referral for evaluation and diagnosis by the Department to determine the person’s potential for rehabilitation through confinement and treatment in the facilities and programs established pursuant to \u00a7 53.1-63. The evaluation and diagnosis shall include a complete physical and mental examination of the defendant and may be conducted by the Department of Corrections at any state or local facility, probation and parole office, or other location deemed appropriate by the Department. The Department of Corrections shall conduct the evaluation and diagnosis and shall review all aspects of the case within 60 days from the date of conviction or revocation of ordinary probation and shall recommend that the defendant be committed to the facility established pursuant to \u00a7 53.1-63 upon finding that (i) such defendant is physically and emotionally suitable for the program, (ii) such commitment is in the best interest of the Commonwealth and the defendant, and (iii) facilities are available for confinement of the defendant.\n\t\tIf the Director of the Department of Corrections determines such person should be confined in a facility other than one established pursuant to \u00a7 53.1-63, a written report giving the reasons for such decision shall be submitted to the sentencing court. The court shall not be bound by such written report in the matter of determining punishment. Additionally, the person may be committed or transferred to a state hospital operated by the Department of Behavioral Health and Developmental Services or other mental health hospital, as provided by law, during such 60-day period.","order_by":null,"text":{"0":{"id":243366,"text":"Following conviction and prior to sentencing, the court shall order such defendant committed to the Department of Corrections for a period not to exceed 60 days from the date of referral for evaluation and diagnosis by the Department to determine the person’s potential for rehabilitation through confinement and treatment in the facilities and programs established pursuant to \u00a7 53.1-63. The evaluation and diagnosis shall include a complete physical and mental examination of the defendant and may be conducted by the Department of Corrections at any state or local facility, probation and parole office, or other location deemed appropriate by the Department. The Department of Corrections shall conduct the evaluation and diagnosis and shall review all aspects of the case within 60 days from the date of conviction or revocation of ordinary probation and shall recommend that the defendant be committed to the facility established pursuant to \u00a7 53.1-63 upon finding that (i) such defendant is physically and emotionally suitable for the program, (ii) such commitment is in the best interest of the Commonwealth and the defendant, and (iii) facilities are available for confinement of the defendant.\n\t\tIf the Director of the Department of Corrections determines such person should be confined in a facility other than one established pursuant to \u00a7 53.1-63, a written report giving the reasons for such decision shall be submitted to the sentencing court. The court shall not be bound by such written report in the matter of determining punishment. Additionally, the person may be committed or transferred to a state hospital operated by the Department of Behavioral Health and Developmental Services or other mental health hospital, as provided by law, during such 60-day period.","type":"section","prefixes":[""],"prefix":"","entire_prefix":"","prefix_anchor":"","level":1}},"ancestry":[{"id":15769,"edition_id":1,"name":"Indeterminate Commitment","identifier":"2","label":"article","depth":3,"order_by":1,"parent_id":14012,"metadata":{},"date_created":"2026-06-26 03:59:17","date_modified":"2026-06-26 03:59:17","permalink":{"id":169659,"object_type":"structure","relational_id":15769,"identifier":"2","token":"19.2\/18\/2","url":"\/19.2\/18\/2\/","edition_id":1,"permalink":0,"preferred":1}},{"id":14012,"edition_id":1,"name":"Sentence; Judgment; Execution of Sentence","identifier":"18","label":"chapter","depth":2,"order_by":1,"parent_id":12801,"metadata":{},"date_created":"2026-06-26 03:46:36","date_modified":"2026-06-26 03:46:36","permalink":{"id":169441,"object_type":"structure","relational_id":14012,"identifier":"18","token":"19.2\/18","url":"\/19.2\/18\/","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":61790,"structure_id":15769,"section_number":"19.2-311","catch_line":"Indeterminate commitment to Department of Corrections in certain cases; duration and character of commitment; concurrence by Department","url":"\/19.2-311\/","token":"19.2\/18\/2\/19.2-311","metadata":false},{"id":79561,"structure_id":15769,"section_number":"19.2-312","catch_line":"Repealed","url":"\/19.2-312\/","token":"19.2\/18\/2\/19.2-312","metadata":false},{"id":85020,"structure_id":15769,"section_number":"19.2-313","catch_line":"Eligibility for release","url":"\/19.2-313\/","token":"19.2\/18\/2\/19.2-313","metadata":false},{"id":85216,"structure_id":15769,"section_number":"19.2-314","catch_line":"Supervision of persons released","url":"\/19.2-314\/","token":"19.2\/18\/2\/19.2-314","metadata":false},{"id":60694,"structure_id":15769,"section_number":"19.2-315","catch_line":"Compliance with terms and conditions of parole; time on parole not counted as part of commitment period","url":"\/19.2-315\/","token":"19.2\/18\/2\/19.2-315","metadata":false},{"id":67161,"structure_id":15769,"section_number":"19.2-316","catch_line":"Evaluation and report prior to determining punishment","url":"\/19.2-316\/","token":"19.2\/18\/2\/19.2-316","metadata":false}],"previous_section":{"id":60694,"structure_id":15769,"section_number":"19.2-315","catch_line":"Compliance with terms and conditions of parole; time on parole not counted as part of commitment period","url":"\/19.2-315\/","token":"19.2\/18\/2\/19.2-315","metadata":false},"metadata":false,"official_url":"https:\/\/law.lis.virginia.gov\/vacode\/19.2-316\/","history_text":"

The record of this law\u2019s original creation isn\u2019t available online. It has been modified 5 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 1966, chapter 579; in 1975, chapter 495; in 1990, chapter 701; in 2000, chapters 668<\/a> and 690<\/a>; in 2012, chapters 476<\/a> and 507<\/a>.<\/p>","references":[{"id":61790,"section_number":"19.2-311","catch_line":"Indeterminate commitment to Department of Corrections in certain cases; duration and character of commitment; concurrence by Department","order_by":null,"url":"\/19.2-311\/"},{"id":55317,"section_number":"53.1-64","catch_line":"Programs and facilities","order_by":null,"url":"\/53.1-64\/"}],"refers_to":[{"id":67081,"section_number":"53.1-63","catch_line":"Department to establish facilities for persons committed under Article 2 (\u00a7 19.2-311 et seq.) of Chapter 18 of Title 19.2","order_by":null,"url":"\/53.1-63\/"}],"permalink":{"id":169681,"object_type":"law","relational_id":67161,"identifier":"19.2-316","token":"19.2\/18\/2\/19.2-316","url":"\/19.2-316\/","edition_id":1,"permalink":0,"preferred":1},"url":"\/19.2-316\/","token":"19.2\/18\/2\/19.2-316","dublin_core":{"Title":"Evaluation and report prior to determining punishment","Type":"Text","Format":"text\/html","Identifier":"\u00a7 19.2-316","Relation":"Code of Virginia"},"html":"\n\t\t\t\t\t\t

Following conviction<\/span> and prior to sentencing, the court<\/span> shall order<\/span> such defendant<\/span> committed to the Department of Corrections for a period not to exceed 60 days from the date of referral for evaluation and diagnosis by the Department to determine the person’s potential for rehabilitation through confinement and treatment in the facilities and programs established pursuant to \u00a7 53.1-63<\/a>. The evaluation and diagnosis shall include a complete physical and mental examination of the defendant<\/span> and may be conducted by the Department of Corrections at any state or local facility, probation<\/span> and parole<\/span> office, or other location deemed appropriate by the Department. The Department of Corrections shall conduct the evaluation and diagnosis and shall review all aspects of the case within 60 days from the date of conviction<\/span> or revocation<\/span> of ordinary probation<\/span> and shall recommend that the defendant<\/span> be committed to the facility established pursuant to \u00a7 53.1-63<\/a> upon finding<\/span> that (i) such defendant<\/span> is physically and emotionally suitable for the program, (ii) such commitment is in the best interest of the Commonwealth and the defendant<\/span>, and (iii) facilities are available for confinement of the defendant<\/span>.\n\t\tIf the Director of the Department of Corrections determines such person should be confined in a facility other than one established pursuant to \u00a7 53.1-63<\/a>, a written report giving the reasons for such decision shall be submitted to the sentencing court<\/span>. The court<\/span> shall not be bound by such written report in the matter of determining punishment. Additionally, the person may be committed or transferred to a state hospital operated by the Department of Behavioral Health and Developmental Services or other mental health hospital, as provided by law<\/span>, during such 60-day period.<\/p><\/section>","plain_text":" CODE OF VIRGINIA\n\nEVALUATION AND REPORT PRIOR TO DETERMINING PUNISHMENT (\u00a7 19.2-316)\n\nFollowing conviction and prior to sentencing, the court shall order such\ndefendant committed to the Department of Corrections for a period not to exceed\n60 days from the date of referral for evaluation and diagnosis by the Department\nto determine the person’s potential for rehabilitation through confinement\nand treatment in the facilities and programs established pursuant to \u00a7 53.1-63.\nThe evaluation and diagnosis shall include a complete physical and mental\nexamination of the defendant and may be conducted by the Department of\nCorrections at any state or local facility, probation and parole office, or\nother location deemed appropriate by the Department. The Department of\nCorrections shall conduct the evaluation and diagnosis and shall review all\naspects of the case within 60 days from the date of conviction or revocation of\nordinary probation and shall recommend that the defendant be committed to the\nfacility established pursuant to \u00a7 53.1-63 upon finding that (i) such defendant\nis physically and emotionally suitable for the program, (ii) such commitment is\nin the best interest of the Commonwealth and the defendant, and (iii) facilities\nare available for confinement of the defendant.\n\t\tIf the Director of the Department of Corrections determines such person should\nbe confined in a facility other than one established pursuant to \u00a7 53.1-63, a\nwritten report giving the reasons for such decision shall be submitted to the\nsentencing court. The court shall not be bound by such written report in the\nmatter of determining punishment. Additionally, the person may be committed or\ntransferred to a state hospital operated by the Department of Behavioral Health\nand Developmental Services or other mental health hospital, as provided by law,\nduring such 60-day period.\n\nHISTORY: Code 1950, \u00a7 19.1-295.6; 1966, c. 579; 1974, cc. 44, 1975, c. 495;\n1990, c. 701; 2000, cc. 668, 690; 2012, cc. 476, 507.","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}}