Virginia lets courts divert incompetent misdemeanor defendants to civil evaluation instead of restoration
Senate Bill 198 created a diversion route for defendants charged with specified misdemeanors, including larceny-related offenses, trespassing, destruction of property, public intoxication, disorderly conduct and failure to appear. If the competency report recommends it, the court may dismiss the charges without prejudice and direct the local community services board to evaluate whether the person meets the criteria for a temporary detention order, and to petition for one if so, rather than ordering restoration treatment.
The court may not use the route if the prosecutor involved in the case objects. The provision carried a sunset of July 1, 2023. The governor approved the bill on April 11, 2022 as Chapter 508, effective July 1, 2022, after a conference committee reconciled House and Senate versions.
The law was aimed at easing demand for inpatient restoration beds. A December 2022 legislative commission review later found only 15 orders had been issued under it in its first months.
Source: Disposition when defendant found incompetent; involuntary admission of the defendant. — Virginia Legislative Information System, by Virginia General Assembly (introduced by Sen. T. Montgomery "Monty" Mason)
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