A collection of state statutes relating to insanity in criminal cases / third report of Committee B of the American Institute of Criminal Law and Criminology.
- American Institute of Criminal Law and Criminology. Committee on Insanity and Criminal Responsibility.
- Date:
- 1913
Licence: Public Domain Mark
Credit: A collection of state statutes relating to insanity in criminal cases / third report of Committee B of the American Institute of Criminal Law and Criminology. Source: Wellcome Collection.
Provider: This material has been provided by the Harvey Cushing/John Hay Whitney Medical Library at Yale University, through the Medical Heritage Library. The original may be consulted at the Harvey Cushing/John Hay Whitney Medical Library at Yale University.
32/40 page 30
![the order is applied for, and verified by affidavit, and shall name the expert or experts by whom the examination is to be made, and limit the expense of the examination; and such expense shall be paid in the manner provided for the payment of witness fees in state causes in the county court.—Public Statutes, 1906, sec. 2345. VIRGINIA Admission [to asylum] of persons charged with crime.—If any person who is charged with, or indicted for, any crime be found, in the court in which he is so charged or indicted, to be insane at the time appointed for trial of such indictment, the court shall order him to be committed to the department for the criminal insane at the proper hospital, where he shall be kept in custody and cared for until he has been restored to sanity. If, prior to the time for trial of any persons under complaint or indictment for any crime, either the court or the attorney for the commonwealth has reason to believe that such person is in such mental condition that his confinement in a hospital for the insane is necessary for proper care and observation, the said court may commit such person to the department for the criminal insane under such limitations as it may order pending the determination of his mental condition; and in such case the court, in its discretion, may appoint one or more experts in insanity, or other qualified physicians, not to exceed three, to examine the defendant before such commitment is ordered, and make such investigation of the case as they may deem necessary, and report to the court the condition of the defend- ant at the time of their examination. Fees commensurate with the professional service rendered, and to be fixed by the court, together with necessary expenses, shall be audited and paid the experts or physicians, as in the case of other court expenses. A copy of the complaint or indictment, attested by the clerk, together with the medical report, shall be delivered with such person to the superintendent of the hospital to which he shall have been committed under the provisions of this act. If any such person so removed to the department for the criminal insane at the proper state hospital is in the opinion of the superintendent, not insane, or when such person, if insane, has been restored to sanity, he shall forthwith be brought back to the jail or custody from which he was removed, where he shall be held in accordance with the terms of the process by which he was originally committed or confined.—Acts of Assembly, 1910, chap. 320 (amending sec. 1682 of the Code of 1887). Verdict of acquittal by reason of insanity, to state the fact; accused to be sent to asylum.—When a person tried for an offense is acquitted by the jury by reason of his being insane, the verdict shall state the fact; and thereupon the court shall order him to be sent to one of the asylums, or, if it deems him dangerous, order him to be committed to jail until he can be sent.—Code of 1887, sec. 4035. Disposition of lunatic charged with crime when restored to sanity.—When any person, confined in the department for the criminal insane at the proper hospital and charged with crime, and subject to be tried therefor, or convicted for crime, shall be restored to sanity, the superintendent shall give notice thereof to the clerk of the court by whose order he was confined, and deliver him in obedience to the proper precept: Provided, No person who has been convicted for a crime punishable by death shall be so delivered until the said superintendent and the superintendent of one of the other state hospitals for the insane, to be designated by the commissioner of state hospitals, concur in the opinion that the said person has been restored to sanity. When any person, charged with or indicted for any offense which may be punishable by death, has been adjudged insane, both at the time of the offense and at the time when, but for such insanity, he would have been tried, shall be ordered by the court to be committed to the department for the criminal insane, at the proper hospital, such person shall not be discharged therefrom until the superintendent of that hospital and the superintendent of two of the other hospitals, designated by the commissioner of state hospitals, shall be satisfied, after a thorough examination, that such person has been restored to sanity and may be dis- charged without danger to others, and provided such discharge is given upon](https://iiif.wellcomecollection.org/image/b2101209x_0032.jp2/full/800%2C/0/default.jpg)
