Virginia 2025 Regular Session

Virginia Senate Bill SB1405

Introduced
1/14/25  

Caption

Evaluation and determination of competency; raising question of competency to stand trial or plead.

Impact

The implementation of SB1405 may have significant implications for state laws managing juvenile defendants. By standardizing the evaluation process and establishing criteria that evaluators must meet, the bill enhances the reliability of competency determinations. This change aims to protect the rights of juveniles by ensuring that only adequately trained professionals assess their mental capacity in legal proceedings. Additionally, the bill seeks to streamline the process for restoration of competency, addressing cases where juveniles might require treatment to regain their ability to stand trial.

Summary

Senate Bill 1405 aims to amend the Code of Virginia regarding the processes involved in determining the competency of juveniles to stand trial. The bill introduces procedural requirements for competency evaluations, ensuring that qualified professionals, such as psychiatrists and licensed clinicians, conduct these assessments. This legislation places emphasis on the importance of appropriate training and qualifications for evaluators to ensure fair and accurate assessments of a juvenile's ability to participate in their defense.

Contention

Notably, SB1405 addresses concerns about the proper handling of juvenile cases, especially those involving mental health issues. There may be points of contention regarding the availability of trained evaluators, as well as the procedural safeguards in place to protect juveniles during competency hearings. Critics might argue that while the bill improves the standards for competency evaluations, it does not sufficiently address potential delays in legal proceedings that could arise from the new requirements, which could inadvertently affect the timeliness of justice for juvenile defendants.

Companion Bills

No companion bills found.

Previously Filed As

VA HB1908

Criminal proceedings; disposition when defendant found incompetent.

VA SB1507

Criminal proceedings; disposition when defendant found incompetent.

VA SB1174

Court-ordered treatment; expedited diversion in lieu of criminal adjudication.

VA HB2339

Court-ordered treatment; expedited diversion in lieu of criminal adjudication.

VA SB522

Purchase of firearms; demonstrated competence with a firearm or completion of training course.

VA HB2407

Purchase of firearms; demonstrated competence with a firearm or completion of training course.

VA SB1080

Juvenile and domestic relations district courts; adjudication of delinquency.

VA HB1242

Emergency custody and temporary detention orders; evaluations, presence of others.

VA SB546

Emergency custody and temporary detention orders; evaluations, presence of others.

VA HB2434

Orders for involuntary outpatient evaluations & services; evidence of defendant's mental condition.

Similar Bills

VA SB198

Disposition when defendant found incompetent; involuntary admission of the defendant.

VA SB1507

Criminal proceedings; disposition when defendant found incompetent.

VA HB1908

Criminal proceedings; disposition when defendant found incompetent.

VA SB688

Determination of competency; report to Commissioner of Behavioral Health and Developmental Services.

VA HB1959

Disposition of the unrestorably incompetent defendant; aggravated murder charge.

VA SB931

Unrestorably incompetent defendant; disposition procedures, acts of violence.

VA HB2339

Court-ordered treatment; expedited diversion in lieu of criminal adjudication.