                                 CODE OF VIRGINIA

DISPOSITION OF THE UNRESTORABLY INCOMPETENT DEFENDANT; CAPITAL MURDER CHARGE;
INPATIENT CUSTODY OF THE COMMISSIONER (§ 19.2-169.3:1)

A. When a defendant charged with capital murder has been determined to be
unrestorably incompetent, pursuant to subsections D and F of &#xA7; 19.2-169.3,
the court may commit such defendant to the inpatient custody of the Commissioner
of the Department of Behavioral Health and Developmental Services under this
section, provided that such defendant has remained unrestorably incompetent for
a period of five years.

B. After a capital murder defendant has been committed to the inpatient custody
of the Commissioner of the Department of Behavioral Health and Developmental
Services under subsection A, the Commissioner may make interfacility transfers
and treatment and management decisions regarding such defendant after obtaining
prior approval of or review by the committing court.

C. The Commissioner of the Department of Behavioral Health and Developmental
Services shall notify the committing court, the attorney for the Commonwealth in
the committing jurisdiction, and the defendant&#8217;s counsel in writing of
recommended changes in a defendant&#8217;s course of treatment that will involve
authorization for the defendant to leave the grounds of the hospital in which he
is confined. Upon receipt of such notice, the court shall hold a hearing to
determine whether the recommendation of the Commissioner is authorized by the
court.

D. The Commissioner of the Department of Behavioral Health and Developmental
Services may delegate any of the duties and powers imposed on or granted to him
by this section to an administrative board composed of persons with demonstrated
expertise in such matters. The Department of Behavioral Health and Developmental
Services shall assist the board in its administrative and technical duties.
Members of the board shall exercise their powers and duties without compensation
and shall be immune from personal liability while acting within the scope of
their duties except for intentional misconduct.

E. Copies of all orders and notices issued pursuant to this chapter shall be
sent to the Commissioner of the Department of Behavioral Health and
Developmental Services.

F. Nothing in this section shall alter the requirement that hearings be held
pursuant to subsection F of &#xA7; 19.2-169.3.

HISTORY: 2021, Sp. Sess. I, c. 312.