Bill Text: VA SB840 | 2020 | Regular Session | Comm Sub
Bill Title: Insanity; persons acquitted.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2020-03-03 - Left in Appropriations [SB840 Detail]
Download: Virginia-2020-SB840-Comm_Sub.html
Be it enacted by the General Assembly of Virginia:
1. That §§19.2-175, 19.2-182.5, 19.2-182.6, and 19.2-182.7 of the Code of Virginia are amended and reenacted as follows:
§19.2-175. Compensation of experts.
Each psychiatrist, clinical psychologist or other expert appointed by the court to render professional service pursuant to §19.2-168.1, 19.2-169.1, 19.2-169.5, 19.2-182.5, 19.2-182.6, 19.2-182.8, 19.2-182.9, 19.2-264.3:1, 19.2-264.3:3 or 19.2-301, who is not regularly employed by the Commonwealth of Virginia except by the University of Virginia School of Medicine and the Medical College of Virginia Commonwealth University, shall receive a reasonable fee for such service. For any psychiatrist, clinical psychologist, or other expert appointed by the court to render such professional services who is regularly employed by the Commonwealth of Virginia, except by the University of Virginia School of Medicine or the Medical College of Virginia Commonwealth University, the fee shall be paid only for professional services provided during nonstate hours that have been approved by his employing agency as being beyond the scope of his state employment duties. The fee shall be determined in each instance by the court that appointed the expert, in accordance with guidelines established by the Supreme Court after consultation with the Department of Behavioral Health and Developmental Services. Except in capital murder cases the fee shall not exceed $750, but in addition if any such expert is required to appear as a witness in any hearing held pursuant to such sections, he shall receive mileage and a fee of $100 for each day during which he is required so to serve. An itemized account of expense, duly sworn to, must be presented to the court, and when allowed shall be certified to the Supreme Court for payment out of the state treasury, and be charged against the appropriations made to pay criminal charges. Allowance for the fee and for the per diem authorized shall also be made by order of the court, duly certified to the Supreme Court for payment out of the appropriation to pay criminal charges.
§19.2-182.5. Review of continuation of confinement hearing; procedure and reports; disposition.
A. The committing court shall conduct a hearing twelve
12 months after the date of commitment to assess the need for inpatient
hospitalization of each acquittee who is acquitted of a felony by reason of
insanity. A hearing for assessment shall be conducted at yearly intervals for
five years and at biennial intervals thereafter. The court shall schedule the
matter for hearing as soon as possible after it becomes due, giving the matter
priority over all pending matters before the court.
B. Prior to the hearing, the Commissioner shall provide to the
court a report evaluating the acquittee's condition and recommending treatment,
to be prepared by a psychiatrist or a psychologist. The psychologist who
prepares the report shall be a clinical psychologist, and any evaluating
psychiatrist or clinical psychologist shall be skilled in the diagnosis of
mental illness and qualified by training and experience to perform forensic
evaluations. If the examiner recommends release or the acquittee requests
release, the acquittee's condition and need for inpatient hospitalization shall
be evaluated by a second person with such credentials who is not currently
treating the acquittee. A copy of any report submitted pursuant to this
subsection shall be sent to the attorney for the Commonwealth for the
jurisdiction from which the acquittee was committed.
C. If an examiner recommends release of an acquittee who has been acquitted of a violent felony offense as listed in subsection C of § 17.1-805, or if such acquittee requests release, the court shall appoint a second psychiatrist or clinical psychologist skilled in the diagnosis of mental illness and qualified by training and experience to perform forensic evaluations who is not employed by the Commissioner and who is not currently treating the acquittee to evaluate whether the acquittee should be released. The examiner shall assess the acquittee and report on his condition and need for hospitalization with respect to the factors set forth in §19.2-182.3. The examiner shall conduct his evaluation and report his findings within 45 days of issuance of the court's order for evaluation.
D. If an examiner recommends release of an acquittee who has been acquitted of any other offense other than a violent felony offense as listed in subsection C of §17.1-805, or such acquittee requests release, the acquittee's condition and need for inpatient hospitalization shall be evaluated by a second psychiatrist or clinical psychologist skilled in the diagnosis of mental illness and qualified by training and experience to perform forensic evaluations who is not currently treating the acquittee.
E. A copy of any report submitted pursuant to this section shall be sent to the attorney for the Commonwealth for the jurisdiction from which the acquittee was committed and to the attorney for the acquittee.
F. The acquittee shall be provided with adequate notice of the hearing, of the right to be present at the hearing, the right to the assistance of counsel in preparation for and during the hearing, and the right to introduce evidence and cross-examine witnesses at the hearing. Written notice of the hearing shall be provided to the attorney for the Commonwealth for the committing jurisdiction. The hearing is a civil proceeding.
According to the determination of the court following the
hearing, and based upon the report and other evidence provided at the hearing,
the court shall (i) release the acquittee from confinement if he does not need
inpatient hospitalization and does not meet the criteria for conditional
release set forth in §19.2-182.7, provided the court has approved a discharge
plan prepared jointly by the hospital staff and the appropriate community
services board or behavioral health authority; (ii) place the acquittee on conditional
release if he meets the criteria for conditional release, and the court has
approved a conditional release plan prepared jointly by the hospital staff and
the appropriate community services board or behavioral health authority; or
(iii) order that he remain in the custody of the Commissioner if he continues
to require inpatient hospitalization based on consideration of the factors set
forth in § 19.2-182.3 19.2-182.7.
D. G. An acquittee who is found not guilty of a
misdemeanor by reason of insanity on or after July 1, 2002, shall remain in the
custody of the Commissioner pursuant to this chapter for a period not to exceed
one year from the date of acquittal. If, prior to or at the conclusion of one
year, the Commissioner determines that the acquittee meets the criteria for
conditional release or release without conditions pursuant to §19.2-182.7,
emergency custody pursuant to §37.2-808, temporary detention pursuant to §§
37.2-809 to 37.2-813, or involuntary commitment pursuant to Article 5 (§37.2-814
et seq.) of Chapter 8 of Title 37.2, he shall petition the committing court.
Written notice of an acquittee's scheduled release shall be provided by the
Commissioner to the attorney for the Commonwealth for the committing
jurisdiction not less than thirty 30 days prior to the scheduled
release. The Commissioner's duty to file a petition upon such determination
shall not preclude the ability of any other person meeting the requirements of
§37.2-808 to file the petition.
§19.2-182.6. Petition for release; conditional release hearing; notice; disposition.
A. The Commissioner may petition the committing court for conditional or unconditional release of the acquittee at any time he believes the acquittee no longer needs hospitalization. The petition shall be accompanied by a report of clinical findings supporting the petition with respect to the factors set forth in §19.2-182.3 and by a conditional release or discharge plan, as applicable, prepared jointly by the hospital and the appropriate community services board or behavioral health authority. The acquittee may petition the committing court for release only once in each year in which no annual judicial review is required pursuant to §19.2-182.5. The party petitioning for release shall transmit a copy of the petition to the attorney for the Commonwealth for the committing jurisdiction.
B. 1. When a petition for release is made by the acquittee, the court shall order the Commissioner to appoint two persons in the same manner as set forth in §19.2-182.2 to assess and report on the acquittee's need for inpatient hospitalization by reviewing his condition with respect to the factors set forth in §19.2-182.3. The evaluators shall conduct their evaluations and report their finding in accordance with the provisions of § 19.2-182.2, except that the evaluations shall be completed and findings reported within 45 days of issuance of the court's order for evaluation.
2. When a petition for release is made by the Commissioner for an acquittee who has been acquitted of a violent felony offense as listed in subsection C of §17.1-805, the court shall appoint a psychiatrist or clinical psychologist skilled in the diagnosis of mental illness and qualified by training and experience to perform forensic evaluations who is not employed by the Commissioner and who is not currently treating the acquittee to evaluate whether the acquittee should be released. The evaluator shall assess the acquittee and report on his condition and need for hospitalization with respect to the factors set forth in §19.2-182.3. The evaluator shall conduct his evaluation and report his findings within 45 days of issuance of the court's order for evaluation.
3. When a petition for release is made by the Commissioner for an acquittee who has been acquitted of any other offense other than a violent felony offense as listed in subsection C of §17.1-805, no further evaluations of the acquittee shall be required unless otherwise deemed necessary by the court. If the court determines that further evaluation is necessary, the court shall order the Commissioner to appoint two persons in the same manner as set forth in §19.2-182.2 to assess and report on the acquittee's need for inpatient hospitalization by reviewing his condition with respect to the factors set forth in §19.2-182.3. The evaluators shall conduct their evaluations and report their finding in accordance with the provisions of § 19.2-182.2, except that the evaluations shall be completed and findings reported within 45 days of issuance of the court's order for evaluation.
The Commissioner shall give notice of the hearing to any victim of the act resulting in the charges on which the acquittee was acquitted or the next of kin of the victim at the last known address, provided the person submits a written request for such notification to the Commissioner.
C. Upon receipt of the reports of evaluation, the court shall conduct a hearing on the petition. The hearing shall be scheduled on an expedited basis and given priority over other civil matters before the court. The acquittee shall be provided with adequate notice of the hearing, of the right to be present at the hearing, the right to the assistance of counsel in preparation for and during the hearing, and the right to introduce evidence and cross-examine witnesses. Written notice of the hearing shall be provided to the attorney for the Commonwealth for the committing jurisdiction. The hearing is a civil proceeding.
At the conclusion of the hearing, based upon the report and other evidence provided at the hearing, the court shall order the acquittee (i) released from confinement if he does not need inpatient hospitalization and does not meet the criteria for conditional release set forth in §19.2-182.3, provided the court has approved a discharge plan prepared jointly by the hospital and the appropriate community services board or behavioral health authority; (ii) placed on conditional release if he meets the criteria for such release as set forth in §19.2-182.7, and the court has approved a conditional release plan prepared jointly by the hospital and the appropriate community services board or behavioral health authority; or (iii) retained in the custody of the Commissioner if he continues to require inpatient hospitalization based on consideration of the factors set forth in §19.2-182.3.
D. Persons committed pursuant to this chapter shall be released only in accordance with the procedures set forth governing release and conditional release.
§19.2-182.7. Conditional release; criteria; conditions; reports.
At any time the court considers the acquittee's need for inpatient hospitalization pursuant to this chapter, it shall place the acquittee on conditional release if it finds that (i) based on consideration of the factors which the court must consider in its commitment decision, he does not need inpatient hospitalization but needs outpatient treatment or monitoring to prevent his condition from deteriorating to a degree that he would need inpatient hospitalization; (ii) appropriate outpatient supervision and treatment are reasonably available; (iii) there is significant reason to believe that the acquittee, if conditionally released, would comply with the conditions specified; and (iv) conditional release will not present an undue risk to public safety. The court shall subject a conditionally released acquittee to such orders and conditions it deems will best meet the acquittee's need for treatment and supervision and best serve the interests of justice and society. But if an acquittee was acquitted of a violent felony offense as listed in subsection C of §17.1-805, the court shall not place the acquittee on conditional release unless it finds by clear and convincing evidence that conditional release will not present an undue risk to public safety.
The community services board or behavioral health authority as designated by the Commissioner shall implement the court's conditional release orders and shall submit written reports to the court on the acquittee's progress and adjustment in the community no less frequently than every six months. An acquittee's conditional release shall not be revoked solely because of his voluntary admission to a state hospital.
After a finding by the court that the acquittee has violated the conditions of his release but does not require inpatient hospitalization pursuant to §19.2-182.8, the court may hold the acquittee in contempt of court for violation of the conditional release order.
If at any time the court finds that an acquittee who has been conditionally released presents an undue risk to public safety, it may issue a rule to show cause or a capias to bring the acquittee before the court for a hearing pursuant to §19.2-182.8.
