Code of Virginia - Title 37.2 Mental Health, Mental Retardation, And Substance Abuse Services - Section 37.2-901 Rights of prisoners and defendants

§ 37.2-901. Rights of prisoners and defendants

In hearings and trials held pursuant to this chapter, prisoners and defendants shall have the following rights:

1. To receive adequate notice of the proceeding.

2. To be represented by counsel.

3. To remain silent or to testify.

4. To be present during the hearing or trial.

5. To present evidence and to cross-examine witnesses.

6. To view and copy all petitions and reports in the court file.

In no event shall a prisoner or defendant be permitted, as a part of any proceedings under this chapter, to raise challenges to the validity of his prior criminal or institutional convictions, charges, or sentences, or the computation of his term of confinement.

In the event the prisoner or defendant refuses to cooperate with the mental health examination required under § 37.2-904, the court may admit evidence of such refusal and may bar the prisoner or defendant from introducing his own expert psychiatric or psychological evidence.

(1999, cc. 946, 985, § 37.1-70.2; 2001, c. 776; 2003, cc. 989, 1018; 2005, cc. 716, 914; 2007, c. 876.)

Sections:  Previous  37.2-900  37.2-900.1  37.2-901  37.2-902  37.2-903  37.2-904  37.2-905  37.2-905.1  37.2-905.2  37.2-906  37.2-907  37.2-908  37.2-909  37.2-910  37.2-911  Next

Last modified: April 16, 2009