                                 CODE OF VIRGINIA

DISPOSITION OF THE UNRESTORABLY INCOMPETENT JUVENILE (§ 16.1-358)

If, at any time after the juvenile is ordered to undergo services pursuant to
subsection A of § 16.1-357, the agent providing restoration concludes that the
juvenile is likely to remain incompetent for the foreseeable future, he shall
send a report to the court so stating. The report shall also indicate whether,
in the agent&#8217;s opinion, the juvenile should be (i) committed pursuant to
Article 16 (§ 16.1-335 et seq.) of this chapter or, if the juvenile has reached
the age of eighteen years at the time of the competency determination, pursuant
to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title 37.2, (ii) certified
pursuant to § 37.2-806, (iii) provided other services by the court, or (iv)
released. Upon receipt of the report, the court shall make a competency
determination according to the procedures specified in subsection F of §
16.1-356. If the court finds that the juvenile is incompetent and is likely to
remain so for the foreseeable future, it shall order that the juvenile (i) be
committed pursuant to Article 16 (§ 16.1-335 et seq.) of this chapter or, if
the juvenile has reached the age of eighteen years at the time of the competency
determination, pursuant to Article 5 (§ 37.2-814 et seq.) of Chapter 8 of Title
37.2, (ii) be certified pursuant to § 37.2-806, (iii) have a child in need of
services petition filed on his behalf pursuant to § 16.1-260 D, or (iv) be
released. If the court finds the juvenile incompetent but restorable to
competency in the foreseeable future, it may order restoration services
continued until three months have elapsed from the date of the provision of
restoration ordered under subsection A of § 16.1-357.
		If not dismissed without prejudice at an earlier time, charges against an
unrestorably incompetent juvenile shall be dismissed in compliance with the time
frames as follows: in the case of a charge which would be a misdemeanor, one
year from the date of the juvenile&#8217;s arrest for such charge; and in the
case of a charge which would be a felony, three years from the date of the
juvenile&#8217;s arrest for such charges.

HISTORY: 1999, cc. 958, 997; 2000, c. 216.