Forensic Services in this context refer to the array of evaluation and treatment services provided to individuals with behavioral health conditions who are justice-involved. These are court-ordered by a criminal court judge, and may occur in the community, in a jail setting, or in a DBHDS hospital.
Judges, court clerks, attorneys and other legal professionals, as well as private providers, can find information on this page that may aid them in navigating the behavioral health systems that provide court-ordered services, such as:
For more information about how to support a client, visit the Forensic Information for Individuals and Families page.
For more information on how Virginia’s Community Services Boards support forensic patients, visit Forensic Information for CSBs.
Forensic Evaluation of Adults
Competency to Stand Trial Evaluation (§ 19.2-169.1)
Evaluation of Specific Intent (§ 19.2-271.6)
Evaluation of Mental Status at the Time of the Offense (§ 19.2-169.5)
Pre-Sentence Evaluation of Sexual Abnormality (§§ 19.2-300 & 19.2-301)
Forensic Treatment of Adults
Competency to Stand Trial Restoration (§ 19.2-169.2)
Treatment of an Unrestorably Incompetent to Stand Trial Defendant (§ 19.2-169.3)
Temporary Detention or Emergency Treatment from Jails (§ 19.2-169.6)
Not Guilty by Reason of Insanity (§§ 19.2-182.2 to 19.2-182.16)
Forensic Evaluations
Forensic Admissions to DBHDS-Operated Facilities
When the court has questions about a defendant’s mental health and how it may impact their current ability to participate in trial, or how their mental illness may have impacted their behavior during the crime, courts will order individuals to be evaluated by trained, qualified forensic evaluators.
The Code of Virginia requires that competency and sanity evaluations be attempted on an outpatient basis first (in a jail or community setting) before the defendant can be ordered to a DBHDS hospital for inpatient evaluation, unless a defendant is already in DBHDS custody.
Therefore, most of these evaluations are completed on an outpatient basis by private practice clinical psychologists or psychiatrists with specialized training and experience in forensic evaluation. The Code of Virginia designates DBHDS as the entity to compile and maintain a list of qualified evaluators who perform competency and sanity evaluations for the courts. Courts will select an evaluator from that list to perform these on an outpatient basis.
Below are links to the current lists of qualified evaluators in Virginia:
Forensic Admissions to DBHDS-Operated Facilities
Individuals may be court ordered by a criminal court judge or magistrate for inpatient forensic evaluation or treatment. If that occurs, they must be admitted to a DBHDS-operated psychiatric hospital.
Upon receipt of the court order, the identified DBHDS facility will coordinate admission from the community, or from jail if the individual is incarcerated. There are currently eight (8) adult psychiatric hospitals operated by DBHDS that accept adult forensic admissions.
Adult Outpatient Competency Restoration
If a defendant is found incompetent to stand trial, they will likely be ordered for competency restoration services. These services should be ordered on an outpatient basis (in the community or jail) unless there is a specific identified need for inpatient level of care.
The Code of Virginia designates the Community Services Boards (CSBs) as the entity that provides outpatient competency restoration for adult defendants. Each CSB has a designated Outpatient Restoration Coordinator, who is responsible for ensuring services are provided upon receipt of a court order.
Not Guilty by Reason of Insanity (NGRI)
Upon a finding of Not Guilty by Reason of Insanity, defendants (also referred to as “acquittees”) will be subject to a series of mental health evaluations and may be court ordered to receive treatment on an inpatient or outpatient basis. While they have been found “not guilty” of the crime, due to their mental state at the time of the offense, they remain under the supervision of the court.
What happens after an NGRI finding by the court?
After being found NGRI, the individual will receive two independent evaluations. These are often referred to as “Temporary Custody Evaluations” and they are intended to give the court expert opinions about the treatment and monitoring needs of the individual. Evaluators must recommend one of these three options: release to the community with conditions (“conditional release”), commitment to the Department of Behavioral Health and Developmental Services for inpatient treatment (“commitment”), or release without conditions (“unconditional release”).
Where do the Temporary Custody Evaluations take place?
The court may authorize that these evaluations be conducted on an outpatient basis in the community at large, or the court may order these evaluations to occur on an inpatient basis. Upon receipt of the court’s order, DBHDS will initiate direct contact with the acquittee to begin coordinating the evaluations. If the court has authorized outpatient evaluation, DBHDS will assess appropriateness for that option and make a final decision. If the court orders inpatient evaluation, DBHDS will arrange for admission to a state hospital as soon as possible. If the individual is in jail, the jail will be contacted to coordinate transfer.
What happens after the Temporary Custody Evaluations are completed?
The court will receive both evaluations and will conduct a hearing to determine if the acquittee will be committed for inpatient treatment, released with conditions, or released without conditions.
If the court commits the acquittee to a DBHDS hospital for inpatient treatment, the individual will begin the process of graduated release, where they gradually receive increasing privileges and access to the community until such time as the court authorizes release to the community. How long someone stays in DBHDS custody depends on their response to mental health treatment and their risk for violence, and the ultimate decision about release is up to the judge. The Commissioner of DBHDS may petition the committing court for conditional or unconditional release of the acquittee at any time he believes the acquittee no longer needs hospitalization. An acquittee has the right to request release once per year at the time of annual review and can do so by consulting with their attorney.
If the court authorizes Conditional Release, the acquittee will have to follow a Conditional Release Plan (CRP) upon release from the hospital, which outlines all of the services and activities that they will be required to follow. This CRP is developed by the Community Services Board (CSB) in consultation with the acquittee and his or her treatment team. If the acquittee does not follow the conditions ordered by the court, they may be held in contempt of court or they may be revoked and returned to the hospital for further inpatient treatment.
If the court authorizes Unconditional Release following the Temporary Custody Evaluation period, the acquittee will be released (if in the hospital) and there will be no further court-ordered obligations. The case is effectively closed. Acquittees are always provided with assistance developing a “release plan” that identifies available support and treatment services, which they may voluntarily participate in if they choose. If you know your family member was admitted to a state hospital for NGRI evaluation, you may contact the hospital’s designated Forensic Coordinator.
NGRI Documents and Helpful Links
Resources:
Chapter 11.1 of the Code of Virginia specifically addresses the issue of insanity at the time of the offense, including the initial sanity finding and subsequent legal processes that follow.
This manual outlines the basic expectations regarding the management of individuals found not guilty by reason of insanity. This information should assist administrators, clinicians, court personnel, treatment team members in state operated mental health facilities, and staff of community services boards in evaluating, treating, and managing individuals found not guilty by reason of insanity in a manner that is consistent with legal mandates and professional standards.
NGRI Reference Manual for Community Services Boards & Behavioral Health Authorities (2016)
In 2016, the Office of Forensic Services began to offer training to CSB and BHA staff, to prepare them for their role in the Not Guilty by Reason of Insanity process in Virginia. The attached reference manual was designed to accompany that training and to provide guidance to CSB and BHA staff as they work with individuals found Not Guilty by Reason of Insanity, both in the hospital and in the community.
Sample Court Orders – DBHDS offers the following sample orders related to the NGRI process:
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NGRI Guidelines for the Management of Individuals Found Not Guilty by Reason of Insanity (2023)
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NGRI Reference Manual for Community Services Boards & Behavioral Health Authorities (2016)
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Collaborative Discharge Protocols for CSBs and State Hospitals (Adult/Geriatric)
DBHDS Adult Facility Forensic Coordinator Contact List
CSB Forensic Contacts
