Title 40.1
Behavioral Healthcare, Developmental Disabilities and Hospitals

Chapter 5.3
Incompetency to Stand Trial and Persons Adjudged Not Guilty by Reason of Insanity

§ 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.