Summary as introduced:
Juvenile not guilty by reason of insanity. Recognizes the finding of "not guilty by reason of insanity" for a child charged with a delinquent act in juvenile court proceedings. The bill closely parallels the adult statute on not guilty by reason of insanity. If the court finds a child not guilty, and the child poses an unreasonable risk to the community, the court may commit the child to the Department of Mental Health, Mental Retardation and Substance Abuse Services for treatment. If the child does not pose a risk, the court may refer the child as one in need of services to the local family assessment and planning team for services under the Comprehensive Services Act for At-Risk Youth and Families. The bill adds such children to the mandated service pool under the Act.
This bill is a recommendation of the Virginia Bar Association, which was requested by the General Assembly (see HJR 680, 1999) to review this area of the law. See also Commonwealth v. Chapman, 30 Va. App, 593, 601, 518 S.E.2d 847, 851 (1999) rev’d Virginia Supreme Court, November 3, 2000, Record No. 992706, where the Supreme Court held that the insanity defense is not available to juveniles absent specific statutory authority.
01/09/02 House: Presented & ordered printed, prefiled 12/07/01 021139696 pdf | impact statement
01/09/02 House: Presented & ordered printed, prefiled 12/07/01 021139696
01/09/02 House: Referred to Committee for Courts of Justice
01/24/02 House: Assigned to C. J. sub-committee: 3
02/04/02 House: Continued to 2003 in Courts of Justice (22-Y 0-N)