Advanced Search

§40.1-5.3-9.1  Hearing On Petition. –

Published: 2015

Subscribe to a Global-Regulation Premium Membership Today!

Key Benefits:

Subscribe Now for only USD$40 per month.
TITLE 40.1

Behavioral Healthcare, Developmental Disabilities and Hospitals

CHAPTER 40.1-5.3

Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of


SECTION 40.1-5.3-9.1

   § 40.1-5.3-9.1  Hearing on petition. –

(a) Upon receipt of the petition and appropriate notice to the attorney general

and the person or his or her counsel, the court having jurisdiction over the

case shall hold a hearing at which the parties may introduce evidence bearing

on the mental condition of the person. The person who is the subject of the

petition may testify, confront witnesses, and present evidence.

   (b) If the court having jurisdiction over the case finds by a

preponderance of the evidence that the person has sufficiently recovered his or

her mental health, he or she shall, by order of the court having jurisdiction

over the case in the court's discretion, be transferred from the facility as

provided for in § 40.1-5.3-1 to the place of his or her original

confinement, to serve out the remainder of his or her term of sentence.

History of Section.

(P.L. 2013, ch. 279, § 2.)