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<law><site_title>Virginia Decoded</site_title><site_url>https://vacode.org</site_url><law_id>67161</law_id><section_number>19.2-316</section_number><catch_line>Evaluation and report prior to determining punishment</catch_line><edition url="https://vacode.org/2025/" slug="2025" current="TRUE" last_updated="">2025</edition><referred_to_by><reference>19.2-311</reference><reference>53.1-64</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="2">Indeterminate Commitment</unit></structure><text>
						<section><p>Following <span class="dictionary">conviction</span> and prior to sentencing, the <span class="dictionary">court</span> shall <span class="dictionary">order</span> such <span class="dictionary">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&#x2019;s potential for rehabilitation through confinement and treatment in the facilities and programs established pursuant to &#xA7;&#xA0;<a class="law" title="Department to establish facilities for persons committed under Article 2 (&#xA7; 19.2-311 et seq.) of Chapter 18 of Title 19.2" href="/53.1-63/">53.1-63</a>. The evaluation and diagnosis shall include a complete physical and mental examination of the <span class="dictionary">defendant</span> and may be conducted by the Department of Corrections at any state or local facility, <span class="dictionary">probation</span> and <span class="dictionary">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 <span class="dictionary">conviction</span> or <span class="dictionary">revocation</span> of ordinary <span class="dictionary">probation</span> and shall recommend that the <span class="dictionary">defendant</span> be committed to the facility established pursuant to &#xA7;&#xA0;<a class="law" title="Department to establish facilities for persons committed under Article 2 (&#xA7; 19.2-311 et seq.) of Chapter 18 of Title 19.2" href="/53.1-63/">53.1-63</a> upon <span class="dictionary">finding</span> that (i) such <span class="dictionary">defendant</span> is physically and emotionally suitable for the program, (ii) such commitment is in the best interest of the Commonwealth and the <span class="dictionary">defendant</span>, and (iii) facilities are available for confinement of the <span class="dictionary">defendant</span>.
		If the Director of the Department of Corrections determines such person should be confined in a facility other than one established pursuant to &#xA7;&#xA0;<a class="law" title="Department to establish facilities for persons committed under Article 2 (&#xA7; 19.2-311 et seq.) of Chapter 18 of Title 19.2" href="/53.1-63/">53.1-63</a>, a written report giving the reasons for such decision shall be submitted to the sentencing <span class="dictionary">court</span>. The <span class="dictionary">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 <span class="dictionary">law</span>, during such 60-day period.</p></section></text><history>Code 1950, &#xA7; 19.1-295.6; 1966, c. 579; 1974, cc. 44, 1975, c. 495; 1990, c. 701; 2000, cc. 668, 690; 2012, cc. 476, 507.</history><metadata></metadata></law>
