§ 40.1-5.3-4. Commitment of persons acquitted on ground of insanity.
(a) Definitions. As used in this section:
(1) "Court� means the court in which a defendant was adjudged not guilty of a criminal
offense because he or she was insane at the time of its commission.
(2) "Director� means the director of the state department of behavioral healthcare, developmental
disabilities and hospitals.
(3) "Likelihood of serious harm� means:
(i) A substantial risk of physical harm to the person him or herself as manifested by
behavior evidencing serious threats of or attempts at suicide or by behavior that
will result in serious bodily harm; or
(ii) A substantial risk of physical harm to other persons as manifested by behavior or
threats evidencing homicidal or other violent behavior.
(4) "Mental disability� means a mental disorder in which the capacity of a person to exercise
self control or judgment in the conduct of his or her affairs and social relations
or to care for his or her own personal needs is significantly impaired.
(b) Examination of person found not guilty. If a person is adjudged not guilty of a criminal offense because he or she was insane
at the time of its commission, the court shall commit him or her to the custody of
the director for the purpose of observation and examination to determine whether the
person is dangerous.
(c) Report of director.
(1) Not later than twenty (20) days from the date of the order of commitment, the director
shall prepare and file with the court a report, in writing, in which he or she shall
state his or her opinion as to whether by reason of mental disability the person's
unsupervised presence in the community will create a likelihood of serious harm, together
with the medical and other data upon which his or her opinion is based. A copy of
the report shall be given to the attorney general and to the person, or his or her
counsel.
(2) In the event the director is unable to complete the examination of the person in time
to render his or her report within the twenty-day (20) period, he or she shall report
that fact, in writing, to the court with a statement of the reasons why the examination
and report could not be completed within the prescribed period. A copy of the director's
statement shall be given to the attorney general and to the person, or his or her
counsel, any of whom may respond in writing, or if the court deems it appropriate,
orally, to the director's statement. The court may thereupon enter an order, extending
for an additional twenty (20) days the time in which the director is to file his or
her report.
(d) Hearing. Upon receipt of the report and appropriate notice to the director, the attorney general,
and the person, or his or her counsel, the court shall hold a hearing at which the
report shall be introduced, other evidence bearing on the question of the mental condition
of the person may be introduced by the parties, and the person may testify, confront
witnesses, and present evidence.
(e) Commitment of person. If the court finds that the person is not dangerous, it shall order that he or she
be discharged at once. If the court finds that the person is dangerous, it shall commit
him or her to the custody of the director for care and treatment as an inpatient in
a public institution. A person committed under this subsection shall not be paroled,
furloughed, placed on outpatient status, or released from a locked facility or otherwise
released from the institution where he or she is being treated except upon petition
to the court by the director, on notice to the attorney general and the person, or
his or her counsel, and entry of an order by a judge of the court authorizing the
release.
(f) Periodic review. The director shall petition the court to review the condition of a person committed
pursuant to subsection (e) not later than six (6) months from the date of the order
of commitment and every six (6) months thereafter, or when the director no longer
believes that the unsupervised presence of the person in the community will create
a likelihood of serious harm, whichever occurs first. The director shall attach to
the petition a report on the condition of the person. Copies of the report shall be
given to the attorney general and to the defendant, or his or her counsel.
(g) Person's right to petition. A person committed pursuant to subsection (e) may at any time petition the court to
review his or her condition.
(h) Hearing on petition. Upon receipt of a petition pursuant to subsection (f) or (g) and appropriate notice
to the director, the attorney general, and the person, or his or her counsel, the
court shall hold a hearing at which the parties may introduce evidence bearing on
the mental condition of the person, including any reports of the director, and the
person may testify, confront witnesses, and present evidence. If the court finds by
clear and convincing evidence that by reason of mental disability the presence of
the person in the community will create a likelihood of serious harm, it shall enter
an order to that effect and he or she shall remain in the custody of the director.
If the court does not so find, it shall enter an order discharging the person from
the custody of the director.
(i) Transfer of nonresidents. In the case of a person who has been committed pursuant to subsection (e) and who
is a resident of another state, the director, on notice to the attorney general and
the person, or his or her counsel, may petition the court to transfer the person to
the custody of officials of the state in which the person ordinarily resides. The
court may, in its discretion, order the transfer of the person if it finds that appropriate
officials of the state in which the person ordinarily resides are willing to accept
custody of the person and provide care and treatment for him or her on such terms
and conditions as the court deems to be necessary and proper to the peace and safety
of the public and to the welfare of the person.