                                 CODE OF VIRGINIA

JUDGE SHALL REQUIRE EXAMINATION UNDER § 19.2-300; BY WHOM MADE; REPORT;
EXPENSES OF PSYCHIATRIST (§ 19.2-301)

The judge shall order the defendant examined by at least one psychiatrist or
clinical psychologist who is qualified by specialized training and experience to
perform such evaluations. Upon a finding by the court that a psychiatrist or
clinical psychologist is not reasonably available for the instant case, the
court may appoint a state licensed clinical social worker who has been certified
by the Commonwealth as a sex offender treatment provider as defined in §
54.1-3600 and qualified by experience and by specialized training approved by
the Commissioner of Behavioral Health and Developmental Services to perform such
evaluations. The examination shall be performed on an outpatient basis at a
mental health facility or in jail. However, if the court specifically finds that
outpatient examination services are unavailable or if the results of outpatient
examination indicate that hospitalization of the defendant for further
examination is necessary, the court may order the defendant sent to a hospital
designated by the Commissioner of Behavioral Health and Developmental Services
as appropriate for examination of persons convicted of crimes. The defendant
shall then be hospitalized for such time as the director of the hospital deems
necessary to perform an adequate examination, but not to exceed 30 days from the
date of admission to the hospital. Upon completion of the examination, the
examiners shall prepare a written report of their findings and conclusions and
shall furnish copies of such report to the defendant, counsel for the defendant,
and the attorney for the Commonwealth at least five days prior to sentencing and
shall furnish a copy of the report to the judge in advance of the sentencing
hearing. The report of the examiners shall at all times be kept confidential by
each recipient, except to the extent necessary for the prosecution or defense of
any offense, and shall be filed as part of the record in the case and the
defendant&#8217;s copy shall be returned to the court at the conclusion of
sentencing. Any report so filed shall be sealed upon the entry of the sentencing
order by the court and made available only by court order, except that such
report or copies thereof shall be available at any time to the office of the
Attorney General for assessment for civil commitment as provided in Chapter 9
(§ 37.2-900 et seq.) of Title 37.2; any criminal justice agency, as defined in
§ 9.1-101, of this or any other state or of the United States; to any agency
where the accused is referred for treatment by the court or by probation and
parole services; and to counsel for any person who has been indicted jointly for
the same felony as the person who is the subject of the report. Any such report
shall without court order be made available to counsel for the person who is the
subject of the report if that person is charged with a felony subsequent to the
time of the preparation of the report.

HISTORY: Code 1950, § 53-278.3; 1950, p. 898; 1970, c. 62; 1975, cc. 286, 495;
1990, c. 697; 2002, c. 662; 2003, c. 886; 2007, c. 440; 2009, cc. 813, 840.