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
Insanity
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.)
