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 40.1-5.3-7


§ 40.1-5.3-7 Hearing on petition.

(a) Upon receipt of the petition and appropriate notice to the director, 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 clear and convincing evidence that the person is mentally ill and requires specialized mental health care and psychiatric inpatient services which cannot be provided in a correctional facility, the court may order the transfer of the prisoner from the adult correctional institutions, to be detained in the facility provided for in § 40.1-5.3-1.

History of Section.
(P.L. 1973, ch. 175, § 2; G.L. 1956, § 26-4-7; P.L. 1979, ch. 39, § 1; P.L. 1987, ch. 231, § 1; P.L. 1987, ch. 576, § 1; P.L. 1989, ch. 542, § 97; P.L. 2013, ch. 279, § 1.)