Adult Outpatient Competency Restoration

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.

ADULT OUTPATIENT COMPETENCY RESTORATION MANUAL FOR CSBs/BHAs:

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.

MATERIALS FOR ADULT OUTPATIENT RESTORATION PROVIDERS:

MODEL COURT ORDERS FOR COMPETENCY EVALUATION & RESTORATION:

MODEL LETTERS FROM THE CSB TO THE COURT REGARDING RESTORATION SERVICES:

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.