If a court finds a defendant incompetent to stand trial pursuant to Virginia Code section § 19.2-169.1, the court will order that the defendant receive treatment to restore their competency. The court will order the defendant to receive restoration services on an outpatient basis unless the court specifically finds that the defendant requires inpatient hospital treatment. "Outpatient" and "community-based" are terms used interchangeably to describe restoration services that take place in a setting other than an inpatient hospital, including both the jail and larger community setting. The information provided below is intended as a resource for adult community-based restoration service providers.
COMMUNITY-BASED ADULT COMPETENCY RESTORATION MANUAL:
A manual on restoration services that Community Services Boards (CSBs) are court-ordered to provide pursuant to Virginia Code section § 19.2-169.2, when a defendant is found incompetent to stand trial.
COMMUNITY-BASED COMPETENCY RESTORATION TRAINING:
In 2004, the Department developed several short training presentations to assist the Community Services Boards with the provision of restoration services upon receipt of an outpatient restoration order from the court. Over time it became evident that a concentrated training event was needed along with the provision of more restoration training tools. With that in mind, in 2014 the Office of Forensic Services partnered with the institute of Law, Psychiatry, and Public Policy (ILPPP) to develop a training curriculum and to improve training tools for the CSBs to use during their restoration efforts.
Please click here for more information about this training.
MATERIALS FOR COMMUNITY-BASED RESTORATION WORKERS:
- PowerPoint presentations for use with defendants during restoration sessions:
- Restoration Video Graphic for use with defendants during restoration sessions:
MODEL COURT ORDERS FOR COMPETENCY EVALUATION & RESTORATION:
PAYMENT FOR ADULT COMMUNITY-BASED RESTORATION SERVICES THROUGH DBHDS:
Community Services Boards are eligible to receive payment from the Department for outpatient restoration services that they provide. The following should be used as guidelines for requesting payment through DBHDS for those services.
For more information about adult competency restoration services, please contact Kathleen Sadler in the Office of Forensic Services.
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Please click here to find useful publications, links to additional resources, and information on training opportunities for both mental health and legal professionals.