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:
- PowerPoint presentations for use with defendants during restoration sessions:
- Informal Spanish translations of PowerPoint presentations for use with defendants during restoration sessions:
- Part 1: Your Charges (Informal Spanish)
- Part 2: Roles (Informal Spanish)
- Part 3: Working with your Attorney (Informal Spanish)
- Part 4: Court Process (Informal Spanish)
- Part 5: Courtroom Behavior (Informal Spanish)
- Formal Spanish translations of PowerPoint presentations for use with defendants during restoration sessions:
- Restoration Video Graphic for use with defendants during restoration sessions:
- Restoration Flash Cards:
- Restoration Flash Cards (Spanish Version):
MODEL COURT ORDERS FOR COMPETENCY EVALUATION & RESTORATION:
- Model Competency Evaluation Order
- Model Order for Restoration
- Model Order Unrestorable (URIST)- all options -Word
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.