                                 CODE OF VIRGINIA

EVALUATION AND REPORT PRIOR TO DETERMINING PUNISHMENT (§ 19.2-316)

Following conviction and prior to sentencing, the court shall order such
defendant committed to the Department of Corrections for a period not to exceed
60 days from the date of referral for evaluation and diagnosis by the Department
to determine the person&#8217;s potential for rehabilitation through confinement
and treatment in the facilities and programs established pursuant to § 53.1-63.
The evaluation and diagnosis shall include a complete physical and mental
examination of the defendant and may be conducted by the Department of
Corrections at any state or local facility, probation and parole office, or
other location deemed appropriate by the Department. The Department of
Corrections shall conduct the evaluation and diagnosis and shall review all
aspects of the case within 60 days from the date of conviction or revocation of
ordinary probation and shall recommend that the defendant be committed to the
facility established pursuant to § 53.1-63 upon finding that (i) such defendant
is physically and emotionally suitable for the program, (ii) such commitment is
in the best interest of the Commonwealth and the defendant, and (iii) facilities
are available for confinement of the defendant.
		If the Director of the Department of Corrections determines such person should
be confined in a facility other than one established pursuant to § 53.1-63, a
written report giving the reasons for such decision shall be submitted to the
sentencing court. The court shall not be bound by such written report in the
matter of determining punishment. Additionally, the person may be committed or
transferred to a state hospital operated by the Department of Behavioral Health
and Developmental Services or other mental health hospital, as provided by law,
during such 60-day period.

HISTORY: Code 1950, § 19.1-295.6; 1966, c. 579; 1974, cc. 44, 1975, c. 495;
1990, c. 701; 2000, cc. 668, 690; 2012, cc. 476, 507.