                                 CODE OF VIRGINIA

DISPOSITION WHEN JUVENILE FOUND INCOMPETENT (§ 16.1-357)

A. Upon finding pursuant to subsection F of &#xA7; 16.1-356 that the juvenile is
incompetent, the court shall order that the juvenile receive services to restore
his competency in either a nonsecure community setting or a secure facility as
defined in &#xA7; 16.1-228. A copy of the order shall be forwarded to the
Commissioner of Behavioral Health and Developmental Services, who shall arrange
for the provision of restoration services in a manner consistent with the order.
Any report submitted pursuant to subsection E of &#xA7; 16.1-356 shall be made
available to the agent providing restoration.

B. If the court finds the juvenile incompetent but restorable to competency in
the foreseeable future, it shall order restoration services for up to three
months. At the end of three months from the date restoration is ordered under
subsection A of this section, if the juvenile remains incompetent in the opinion
of the agent providing restoration, the agent shall so notify the court and make
recommendations concerning disposition of the juvenile. The court shall hold a
hearing according to the procedures specified in subsection F of &#xA7; 16.1-356
and, if it finds the juvenile unrestorably incompetent, shall order one of the
dispositions pursuant to &#xA7; 16.1-358. If the court finds the juvenile
incompetent but restorable to competency, it may order continued restoration
services for additional three-month periods, provided a hearing pursuant to
subsection F of &#xA7; 16.1-356 is held at the completion of each such period
and the juvenile continues to be incompetent but restorable to competency in the
foreseeable future.

C. If, at any time after the juvenile is ordered to undergo services under
subsection A of this section, the agent providing restoration believes the
juvenile&#8217;s competency is restored, the agent shall immediately send a
report to the court as prescribed in subsection E of &#xA7; 16.1-356. The court
shall make a ruling on the juvenile&#8217;s competency according to the
procedures specified in subsection F of &#xA7; 16.1-356.

HISTORY: 1999, cc. 958, 997; 2009, cc. 813, 840.