                                 CODE OF VIRGINIA

EVALUATION ON MOTION OF THE COMMONWEALTH AFTER NOTICE (§ 19.2-168.1)

A. If the attorney for the defendant gives notice pursuant to &#xA7; 19.2-168,
and the Commonwealth thereafter seeks an evaluation of the defendant&#8217;s
sanity at the time of the offense, the court shall appoint one or more qualified
mental health experts to perform such an evaluation. The court shall order the
defendant to submit to such an evaluation and advise the defendant on the record
in court that a refusal to cooperate with the Commonwealth&#8217;s expert could
result in exclusion of the defendant&#8217;s expert evidence. The qualification
of the experts shall be governed by subsection A of &#xA7; 19.2-169.5. The
location of the evaluation shall be governed by subsection B of &#xA7;
19.2-169.5. The attorney for the Commonwealth shall be responsible for providing
the experts the information specified in subsection C of &#xA7; 19.2-169.5.
After performing their evaluation, the experts shall report their findings and
opinions, and provide copies of psychiatric, psychological, medical or other
records obtained during the course of the evaluation to the attorneys for the
Commonwealth and the defense. The evaluator shall also send a redacted copy of
the report removing references to the defendant&#8217;s name, date of birth,
case number, and court of jurisdiction to the Commissioner of Behavioral Health
and Developmental Services for the purpose of peer review to establish and
maintain the list of approved evaluators described in subsection A of &#xA7;
19.2-169.5.

B. If the court finds, after hearing evidence presented by the parties, that the
defendant has refused to cooperate with an evaluation requested by the
Commonwealth, it may admit evidence of such refusal or, in the discretion of the
court, bar the defendant from presenting expert psychiatric or psychological
evidence at trial on the issue of his sanity at the time of the offense.

HISTORY: 1982, c. 653; 1986, c. 535; 2016, c. 445.