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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>65087</law_id><section_number>19.2-301</section_number><catch_line>Judge shall require examination under &#xA7; 19.2-300; by whom made; report; expenses of psychiatrist</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>19.2-175</reference><reference>19.2-300</reference><reference>19.2-302</reference></referred_to_by><structure><unit label="title" level="1" order_by="1" identifier="19.2">Criminal Procedure</unit><unit label="chapter" level="2" order_by="1" identifier="18">Sentence; Judgment; Execution of Sentence</unit><unit label="article" level="3" order_by="1" identifier="1">General Provisions</unit></structure><text>
						<section><p>The <span class="dictionary">judge</span> shall order the <span class="dictionary">defendant</span> examined by at least one psychiatrist or clinical psychologist who is qualified by specialized training and experience to perform such evaluations. Upon a <span class="dictionary">finding</span> by the court that a psychiatrist or clinical psychologist is not reasonably available for the instant case, the court may appoint a state licensed clinical social worker who has been certified by the Commonwealth as a sex offender treatment provider as defined in &#xA7;&#xA0;<a class="law" title="Definitions" href="/54.1-3600/">54.1-3600</a> and qualified by experience and by specialized training approved by the Commissioner of Behavioral Health and Developmental Services to perform such evaluations. The examination shall be performed on an outpatient basis at a mental health facility or in jail. However, if the court specifically finds that outpatient examination services are unavailable or if the results of outpatient examination indicate that hospitalization of the <span class="dictionary">defendant</span> for further examination is necessary, the court may order the <span class="dictionary">defendant</span> sent to a hospital designated by the Commissioner of Behavioral Health and Developmental Services as appropriate for examination of persons convicted of <span class="dictionary">crimes</span>. The <span class="dictionary">defendant</span> shall then be hospitalized for such time as the director of the hospital deems necessary to perform an adequate examination, but not to exceed 30 days from the date of admission to the hospital. Upon completion of the examination, the examiners shall prepare a written report of their <span class="dictionary">findings</span> and conclusions and shall furnish copies of such report to the <span class="dictionary">defendant</span>, <span class="dictionary">counsel</span> for the <span class="dictionary">defendant</span>, and the attorney for the Commonwealth at least five days prior to sentencing and shall furnish a copy of the report to the <span class="dictionary">judge</span> in advance of the sentencing <span class="dictionary">hearing</span>. The report of the examiners shall at all times be kept confidential by each recipient, except to the extent necessary for the <span class="dictionary">prosecution</span> or defense of any <span class="dictionary">offense</span>, and shall be filed as part of the record in the case and the <span class="dictionary">defendant</span>&#x2019;s copy shall be returned to the court at the conclusion of sentencing. Any report so filed shall be <span class="dictionary">sealed</span> upon the entry of the sentencing order by the court and made available only by <span class="dictionary">court order</span>, except that such report or copies thereof shall be available at any time to the office of the <span class="dictionary">Attorney General</span> for assessment for civil commitment as provided in Chapter 9 (&#xA7;&#xA0;<a class="law" title="Definitions" href="/37.2-900/">37.2-900</a> et seq.) of Title 37.2; any criminal justice agency, as defined in &#xA7;&#xA0;<a class="law" title="(Effective July 1, 2026) Definitions" href="/9.1-101/">9.1-101</a>, of this or any other state or of the United States; to any agency where the <span class="dictionary">accused</span> is referred for treatment by the court or by <span class="dictionary">probation</span> and <span class="dictionary">parole</span> services; and to <span class="dictionary">counsel</span> for any person who has been indicted jointly for the same <span class="dictionary">felony</span> as the person who is the subject of the report. Any such report shall without <span class="dictionary">court order</span> be made available to <span class="dictionary">counsel</span> for the person who is the subject of the report if that person is charged with a <span class="dictionary">felony</span> subsequent to the time of the preparation of the report.</p></section></text><history>Code 1950, &#xA7; 53-278.3; 1950, p. 898; 1970, c. 62; 1975, cc. 286, 495; 1990, c. 697; 2002, c. 662; 2003, c. 886; 2007, c. 440; 2009, cc. 813, 840.</history><metadata></metadata></law>
