Va. 19.2-300 Deferred Sentencing for Mental Health Exams

Understanding Va. 19.2-300

Probationary conditions often accompany a deferred disposition under Va. 19.2-300. It is allowable under this code to undergo mental health assessments to determine your reasoning capacity and state of mind. Judges have the authority under this statute to defer a disposition pending a mental health assessment if you are accused of a crime that is deemed a sexual abnormality. The judge can order you to undergo a psychiatric evaluation or withhold your disposition following a petition filed by your attorney. The judge will be guided by the report from a court-approved psychiatrist in determining the appropriate penalty if you are convicted.

You are also entitled to a mental health assessment under the law if you are accused of an offense that indicates sexual abnormality. However, this must only be performed by a licensed mental health expert accredited by the Commonwealth of Virginia as a sex offender treatment provider. The expert must be experienced in conducting psychiatric assessments.

If you fail to secure a licensed mental health expert, the court will scout for a state-licensed social worker with the right qualifications on your behalf. Before the appointed psychiatrist assesses you, he/she must be approved by the Commissioner of Behavioral Health and Developmental Services. Your mental state will decide whether the mental health assessments can be done in the jail or a mental facility. Hospitalization while carrying out the assessment is allowed under the law, but should not exceed 30 days.

Va. 19.2-300 Psychiatric Assessment

The court can postpone your disposition under Va. 19.2-300 pending a psychiatric assessment if you are accused of an offense that demonstrates sexual abnormality. In this case, the judge will order a psychosexual evaluation. The evaluation is vital at the predisposition or pre-plea stage. This can help you avoid a mandatory sex offender registration and conviction. You must be facing charges related to sex for you to benefit from deferred disposition under Va. 19.2-300. This can be any sex-related offense, which indicates an apparent lapse from what is often deemed acceptable sexual conduct. The following are some of the "abnormal" sex offenses:

• Having sex with a family member or a child

• Having non-consensual sex

During a court-ordered psychiatric assessment, your attorney has no right to offer you any directive. An attorney is only allowed under the law to provide you with invaluable guidance if undergoing a mental health assessment, which is part of the defense strategy and protected under client-attorney privilege.

You should carefully consider the option of enjoying a deferred disposition for a psychiatric assessment. This assessment encompasses the use of scientific methods to determine your sexual functioning and state of mind. It can negatively or positively influence your case, based on the psychotherapist's report. For example, the outcome can reveal that you have no behavior of being attracted to minors. It can also indicate that you are a hands-on defendant who does not qualify for rehabilitation or probation.

Typically, the prognosis will classify a person accused of a sex offense in levels as level I, level II, level III, level IVa, or level IVb. The assessment will also give a score to the abnormality of the defendant's behavior. It will also indicate how it compares to the conduct of a normal sex offender. The prognosis will give the amenability of sexual deviancy and the potential medication.

Usually, the mental health expert takes into account the following:

• The assessment considers your paraphilic disorders, sexual arousal patterns, sexual development history, deviant behaviors, and interests

• Kind of medication, the level, and supervision needed

• Your neurological and medical requirements

• Your level of violence or coercion

• Your motivation or cooperation with medication

• The effects or scientific causes of a mental disorder

• Recent coping behaviors

• Your level of denial in comprehending your acts or justifying them

• Use of drugs or other controlled substances

• Your acceptance of accountability for a sex offense

• The link between your mental disorder and the sex offense committed

• Other dangerous behaviors and a detailed re-offense risk assessment

Psychosexual assessments are often classified as follows:

Clinical Interviews

During the clinical interview, the mental health expert will give you a chance to express yourself. The expert will ask you several questions, which will enable them to know the history of your family. This will also help the expert to understand the history of your intimate relationships.

The clinical interview helps the expert assess your education level, mental health issues, and other relevant factors. Most importantly, the expert will ask you about your charges and note any crucial observations or impressions. Sometimes, a family member can be invited during a clinical interview to describe the family's relationship with the entire family.

Risk Assessment

Risk assessment often falls into two categories:

• Sexual recidivism involves assessing your risk of committing another sex offense

• General criminality that consists of an evaluation to ascertain your risk of committing other offenses

Psychological Assessment

According to Va. 19.2-300, mental health assessment also encompasses psychological evaluations. These tests often help to ascertain if you are likely to commit another sex offense or if it was just a one-off behavior. The following are some of the tests performed during psychological evaluations:

• Visual reaction time involves evaluating your level of interest in looking at certain objects. This evaluation aims to establish your level of sexual interest or preference for people of different ages and genders.

• Polygraph evaluations are conducted to establish if you are speaking the truth about your lack of involvement in committing a sex offense. The mental health expert will give an accurate evaluation in his/her report. This will help the judge when imposing psychological treatment or probation conditions.

• Penile plethysmography is done to determine your sexual arousal patterns. The purpose of these tests is to establish breathing, arousal, and blood pressure patterns when you are exposed to emotional, auditory, or visual stimuli involving sexual acts with adults and minors.

Psychometric Tests

Psychometric assessments are performed to establish your intelligence quotient, background, sexual development, and sexual history. The outcome of these tests can also assist a mental health expert in establishing your capability to respond well to psychiatric medication.

Factors Considered For You To Undergo A Mental Health Assessment

The court can only order you to undergo a mental health assessment if it believes that your mental condition made you commit the alleged offense. Some of the factors that are taken into account include:

Alleging A Diminished Capacity

Claiming a diminished capacity is one of the factors that can make the judge send you for a mental assessment when accused of a sex offense. Your attorney can allege that your mental illness affected your ability to form the intent necessary to commit the offense. The outcome of the cognitive assessment can prove that your mental condition impaired your capability to understand the nature of your offense. This can increase the chances of a reduced sentence or charge.

Alleging Insanity

The purpose of psychiatric assessments in criminal cases is to prove an insanity defense. You can plead not guilty by citing insanity. However, you must provide sufficient evidence that you did not understand the nature of your actions. You should also prove you were unable to differentiate right from wrong because of a severe mental illness at the time of the crime.

Mental health assessment results can provide sufficient evidence to support this allegation. The psychiatrist's revelation can assist the judge in determining whether you meet the insanity criteria. There must be substantial evidence that you suffered from a significant mental disorder, which impaired your ability to comprehend your actions. You will be free from all criminal consequences if you are considered innocent because of insanity. The court can order hospitalization in a mental facility for a certain period based on the recommendations of the mental health expert. The recommendations can propose the following:

• The period of a potentially helpful medication plan

• Your potential danger to the community

• Your potential danger to yourself

You could be confined in a mental hospital for a period that does not exceed thirty days. Some accused individuals can stay behind bars for a longer period. Others could stay in a mental asylum for a longer period than they would have been taken into custody following a normal court trial.

Probationary Conditions Of A Deferred Sentence Under Va. 19.2-300

You can avoid a sentence under Va. 19.2-300 deferred disposition even if the court confirms facts sufficient to convict you of the alleged offense. The only distinction between a deferred sentencing and a normal court trial is that deferred disposition involves the judge postponing the final sentence on record. The court can impose the following terms and conditions during the probationary period:

• Mental health counseling

• Cognitive-behavioral therapy

• Substance abuse treatment programs

• Community service

• Fines and restitution to the victims

Mental Health Counseling

Mental health counseling involves offering face-to-face assessment and counseling to pre-sentence or defendants convicted of sex crimes in jails, prisons, or community treatment centers. Sex offender counseling helps defendants learn special strategies for avoiding abusive behavior and being held liable for the harm done. The main purpose of counseling is to assist you in creating a better life for yourself by developing strengths and managing your risks. Mental health counseling is also vital in reducing recidivism rates.

Cognitive-behavioral Therapy (CBT)

Cognitive-behavioral therapy is important for people accused of sex crimes. This treatment can help you identify and change negative behaviors and thought patterns, which can contribute to repeating the crime. Cognitive-behavioral therapy works as follows:

• CBT can help you develop empathy for those you have harmed and understand the emotional repercussions of your acts.

• Enhancing self-awareness can enable you to gain a deeper understanding of your motivations, triggers, and the effects of your actions on the victims.

• Restructuring thought patterns—The purpose of CBT is to reshape negative beliefs and thought patterns, which cause sexual crimes. One of the beliefs can be accepting non-consensual acts.

• Developing adaptive behaviors — You can learn to avoid risky behaviors and adopt constructive and positive ones. This can include improving decision-making abilities, emotional regulation, and social skills.

• Identifying cognitive distortions — CBT can help you identify and challenge distorted thinking patterns like those linked with entitlement, exaggerated self-esteem, or blaming the victim.

Substance Abuse Treatment Programs

The purpose of substance abuse treatment programs is to help you deal with both the underlying causes of substance use and the behavior related to sex crimes. The programs include relapse prevention strategies, individual and group therapy, and support for dealing with co-occurring disorders like mental health conditions. Some of the programs include:

• Specialized sex offender treatment programs involve dealing with specific thought patterns and behaviors related to sex crimes. It incorporates methods like relapse prevention and cognitive-behavioral therapy.

• Residential treatment centers offer an intensive and structured environment for dealing with substance use and associated issues. This often concentrates on longer-term relapse prevention and recovery.

• Community-based programs that involve providing services in the community offer flexibility and access to offenders who are not able to attend residential programs.

• Intensive outpatient programs that offer structured counseling and therapy, combining group and individual sessions. These programs are designed to address both substance use and the issues causing sex crimes.

The above programs are important in the following ways:

• Enhancing individual well-being — Substance abuse treatment programs can help you improve your mental health, develop healthy coping mechanisms, and build a solid foundation for healing.

• To improve public safety, substance abuse treatment programs can contribute to a secure society by addressing the underlying causes of substance use and sex crimes.

• Reduce recidivism — These programs can help you reduce your potential of committing another sex offense.

Often, a deferred disposition can only occur voluntarily. You must enter a no-contest plea or accept that you committed the underlying offense. No contest means that you will not challenge the allegations leveled against you. In this case, you permit the judge to impose an appropriate disciplinary action on you. It is beneficial to enter a no-contest plea because your guilty plea will not be used against you in a civil court.

If you fail to voluntarily enter a no-contest or guilty plea, the judge will not grant deferred disposition. At this point, you will be given a chance to fight the criminal charges leveled against you. Your criminal defense attorney will have to agree with the Commonwealth once all the requirements of a deferred disposition are met. The following will be the content of the agreement:

• The period a deferred disposition will last

• Terms and conditions you must adhere to during this period

• The potential outcome of successfully adhering to the terms and conditions

Accepting a deferred sentence also implies you agree on the following aspects:

• Waiving your appeal rights in case the court finds you guilty of the offense

• If the psychiatric evaluations have an unfavorable outcome, the court can use your no-contest or guilty plea to impose a sentence for the original crime.

However, the court under Va. 19.2-298.02 will consider the following factors when granting a deferred disposition:

• Any request from the victim

• Any mitigating factors related to you or your offense

If a mental health expert indicates that you are not mentally fit, the following can happen at the final disposition:

• The judge can drop the trial

• You could face a reduced charge

• Sentencing of the initial offense

Your compliance with the probationary terms will determine the outcome of the final sentencing. You will be eligible for record expungement and avoid a conviction if you complete probation. Your case will proceed to the sentencing stage regardless of a mental health assessment if you unsatisfactorily complete probation.

The Role Of An Attorney In A Deferred Sentence For Mental Health Exams

The outcome of a psychosexual assessment can remain between you and your criminal defense attorney unless the judge orders otherwise. Your attorney can only table the outcome in court if it is beneficial to your case. Sometimes, a mental health assessment report can enhance the chances of having your case dropped, a reduced sentence, and enjoying a better plea bargain.

Your criminal defense attorney can use various ways to leverage the power of a favorable mental health assessment report. For example, he/she can use the report to mitigate your case even if you pleaded guilty to the offense. This can significantly reduce the number of years from your sentence. Additionally, your attorney can fight to have you exempted from registering as a sex offender if the report shows that you are unlikely to commit another sex offense.

A criminal defense attorney must prepare a defendant for a psychiatric assessment. This will help you understand the dangers and advantages of requesting a deferred sentence to undergo a mental health assessment. Your criminal defense attorney can only offer you reliable legal guidance if you are truthful. You should be honest regarding the history of your sex offense or cases of criminal sexual conduct that the police are not aware of.

Law Reforms And A Deferred Disposition In Virginia

After a deferred disposition, your case can be dropped if you complete probation. If this happens, your record will show that the court dismissed your charges. The database will still reveal that you faced the charges in the past. However, it will also indicate that the judge granted a deferred sentencing, and you were never convicted of the offense.

In the past, it was challenging for a defendant in Virginia to have their deferred disposition record expunged. This happened because a guilty plea made it easy for the public and the police to know about your charges. The major advantage of a deferred sentence is that it helps you avoid a conviction.

Following the law reforms in Virginia, the following can happen to the defendant's criminal record after a deferred sentence:

• Expungement of a criminal record is automatic according to the law provisions that were scheduled to take effect by July 1, 2025, but have been delayed to January 1, 2026.

• Your attorney will agree with the Commonwealth that you are eligible for record expungement. However, the judge must show this in the final sentencing.

Unfortunately, the automatic record expungement cannot be effected immediately after the court drops your charges. The automatic expungement can only happen immediately once the Commonwealth approves that you are eligible for a record expungement.

When you are accused of a sex offense, it is vital to seek the services of an experienced criminal defense attorney. Your attorney will offer you appropriate guidance regarding your legal options regardless of the circumstances of your charges. An attorney will assist in developing a solid defense strategy that can prevent a conviction.

Find a Skilled Criminal Attorney Near Me

Under Virginia law, the judge can defer a convicted person's sentencing to pave the way for a mental examination if the crime suggests that the defendant could have a sexual abnormality. The deferred sentencing can be the judge's initiative and can also be requested by a defendant or their attorney. With deferred sentencing, the judge withholds imposing a sentence and places conditions on the defendant. If the defendant meets the imposed conditions, their charges can be dismissed. The purpose of deferred sentencing is to allow a mental examination of the defendant to assess if the crime is related to a mental health challenge.

During the deferral period, the court can impose conditions on the defendant, similar to probation conditions. If the defendant adheres to these conditions and the mental examination reveals a significant mental health issue, the judge could dismiss the charges. For guidance on deferred sentencing and legal representation in Northern Virginia and Fairfax, contact the Virginia Criminal Attorney. Call us at 703-718-5533 to speak to one of our attorneys.